{"title":"Centring Environmentalism in Space Governance: Interrogating Dominance and Authority Through a Critical Legal Geography of Outer Space","authors":"Alessandra Marino, Thomas Cheney","doi":"10.1016/j.spacepol.2022.101521","DOIUrl":null,"url":null,"abstract":"<div><p>This article brings into conversation scholarship in law and the social studies of outer space around the question of the “uses” of outer space, the shortcomings of existing legal instruments, and the possibility to reform them to place environmental concerns at their core. Starting from the Outer Space Treaty (OST), and using legal geography and an environmental lens, we highlight the interconnections between de-territorializing outer space, the image of the province of (hu)mankind, and the seemingly consequent egalitarian principle of benefit sharing. By reading this language of the OST against its historical context, we note that these seemingly egalitarian clauses mask the persisting hegemony of older space powers in access to and benefits from outer space. In this context, environmental protection clauses originally proposed by Japan, which were marginalized in the drafting of the OST, remain marginal to many governance mechanisms. Even when we decentre the OST and look at multiple legal and governance frameworks of outer space, from Planetary Protection to the International Telecommunications Union, these different approaches reiterate a utilitarian view of space environments that ties them to their usefulness to exploration and exploitation. These mechanisms, while useful for de-homogenizing outer space, do not go far enough in proposing that environmental protection underpins all principles of space governance. One of the effects of this failure is that more technically able nations keep crowding the orbits with megaconstellations. We propose an interdisciplinary approach to understanding the complex interrelation between space governance, geopolitics, and concerns about the future of outer space environments. A critical legal geography of outer space provides us with a possibility to examine the role of the law in relation to both geographical imaginaries and historical contexts and advance discussions on the role and responsibilities of humans beyond the planet we inhabit.</p></div>","PeriodicalId":45924,"journal":{"name":"Space Policy","volume":null,"pages":null},"PeriodicalIF":2.0000,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Space Policy","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0265964622000479","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 2
Abstract
This article brings into conversation scholarship in law and the social studies of outer space around the question of the “uses” of outer space, the shortcomings of existing legal instruments, and the possibility to reform them to place environmental concerns at their core. Starting from the Outer Space Treaty (OST), and using legal geography and an environmental lens, we highlight the interconnections between de-territorializing outer space, the image of the province of (hu)mankind, and the seemingly consequent egalitarian principle of benefit sharing. By reading this language of the OST against its historical context, we note that these seemingly egalitarian clauses mask the persisting hegemony of older space powers in access to and benefits from outer space. In this context, environmental protection clauses originally proposed by Japan, which were marginalized in the drafting of the OST, remain marginal to many governance mechanisms. Even when we decentre the OST and look at multiple legal and governance frameworks of outer space, from Planetary Protection to the International Telecommunications Union, these different approaches reiterate a utilitarian view of space environments that ties them to their usefulness to exploration and exploitation. These mechanisms, while useful for de-homogenizing outer space, do not go far enough in proposing that environmental protection underpins all principles of space governance. One of the effects of this failure is that more technically able nations keep crowding the orbits with megaconstellations. We propose an interdisciplinary approach to understanding the complex interrelation between space governance, geopolitics, and concerns about the future of outer space environments. A critical legal geography of outer space provides us with a possibility to examine the role of the law in relation to both geographical imaginaries and historical contexts and advance discussions on the role and responsibilities of humans beyond the planet we inhabit.
期刊介绍:
Space Policy is an international, interdisciplinary journal which draws on the fields of international relations, economics, history, aerospace studies, security studies, development studies, political science and ethics to provide discussion and analysis of space activities in their political, economic, industrial, legal, cultural and social contexts. Alongside full-length papers, which are subject to a double-blind peer review system, the journal publishes opinion pieces, case studies and short reports and, in so doing, it aims to provide a forum for the exchange of ideas and opinions and a means by which authors can alert policy makers and international organizations to their views. Space Policy is also a journal of record, reproducing, in whole or part, official documents such as treaties, space agency plans or government reports relevant to the space community. Views expressed in the journal are not necessarily those of the editors or members of the editorial board.