利用不确定性:探索国际法在应对空间碎片扩散所产生的风险方面的失误

Q2 Social Sciences
Global Jurist Pub Date : 2024-07-08 DOI:10.1515/gj-2024-0047
Vincent Seffinga
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引用次数: 0

摘要

摘要 近几十年来空间活动数量的增加导致环绕地球轨道的空间碎片随之增加。空间碎片不仅对特定卫星构成风险,而且在系统层面也构成风险,因为一连串的碰撞可能导致近地轨道无法使用。反过来,这将导致目前通过卫星提供的服务的损失。国际社会已经认识到这一风险。尽管如此,各国仍不愿谈判缔结国际法律规则来解决空间碎片扩散问题。本文探讨了造成这种差异的根本原因。文章认为,虽然法律通常被视为不确定性的调节器,但在全球资本投资者的利益驱动下,国际法对外层空间的监管是以支持商品化进程的原则(即使用自由)为指导,而不是以管理与空间碎片扩散相关的风险的原则为指导,因为这些原则会限制(或被认为会限制)资本的扩张(如预防原则)。因此,国际法--在原则层面--是不确定性的共同制造者。通过乌尔里希-贝克(Ulrich Beck)的 "世界风险社会"(world risk society)以及将资本和经济力量纳入其工作中来探讨空间碎片的扩散,我们得出了这一结论。这种纳入揭示了:(i) 产生风险的是资本的积累;(ii) 资本利用风险的社会建构性质使其扩张合法化。国际法--既是不确定性的监管者,又是不确定性的共同制造者--在使这些过程合法化方面发挥着至关重要的作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Capitalising on Uncertainty: Exploring the Failure of International Law to Address the Risk Generated by the Proliferation of Space Debris
Abstract The increase in the number of space activities in recent decades has led to a concomitant increase in space debris in orbit around Earth. Space debris pose a risk not just for specific satellites, but also on a systemic level, as a collision cascade can result in the near-Earth orbits becoming unusable. In turn, this would entail a loss of the services currently provided through satellites. The international community has recognised this risk. Despite this, states are reluctant to negotiate and conclude international legal rules to address the proliferation of space debris. This article explores a root cause of this discrepancy. It argues that while law is typically seen as the regulator of uncertainty, international law’s regulation of outer space – under the interests of global capital investors – is directed by principles that support processes of commodification (i.e., the freedom of use), rather than principles that manage the risks associated with the proliferation of space debris as these would constrain (or are perceived to constrain) the expansion of capital (e.g., the precautionary principle). Therefore, international law – at the level of principles – is a co-producer of uncertainty. This conclusion is reached by exploring the proliferation of space debris through Ulrich Beck’s world risk society and by incorporating capital and economic power into his work. This inclusion reveals (i) that it is the accumulation of capital that generates risks and (ii) that capital exploits the socially constructed nature of risk to legitimise its expansion. International law – as both a regulator and co-producer of uncertainty – plays an essential role in legitimising these processes.
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来源期刊
Global Jurist
Global Jurist Social Sciences-Law
CiteScore
1.50
自引率
0.00%
发文量
11
期刊介绍: Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.
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