Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- SECTION I INTRODUCTION
- SECTION II DEFINING THE PROBLEM
- SECTION III MITIGATION OF AND ADAPTATION TO THE SPACE ENVIRONMENT: TECHNIQUES AND PRACTICES
- SECTION IV ECONOMIC ISSUES
- SECTION V LEGAL ISSUES
- 20 Environmental Treatymaking: Lessons Learned for Controlling Pollution of Outer Space
- 21 Regulation of Orbital Debris – Current Status
- 22 Who Should Regulate the Space Environment: the Laissez-Faire, National, and Multinational Options
- SECTION VI A MULTILATERAL TREATY
- SECTION VII PANEL DISCUSSIONS
20 - Environmental Treatymaking: Lessons Learned for Controlling Pollution of Outer Space
Published online by Cambridge University Press: 08 February 2010
- Frontmatter
- Contents
- List of contributors
- Preface
- SECTION I INTRODUCTION
- SECTION II DEFINING THE PROBLEM
- SECTION III MITIGATION OF AND ADAPTATION TO THE SPACE ENVIRONMENT: TECHNIQUES AND PRACTICES
- SECTION IV ECONOMIC ISSUES
- SECTION V LEGAL ISSUES
- 20 Environmental Treatymaking: Lessons Learned for Controlling Pollution of Outer Space
- 21 Regulation of Orbital Debris – Current Status
- 22 Who Should Regulate the Space Environment: the Laissez-Faire, National, and Multinational Options
- SECTION VI A MULTILATERAL TREATY
- SECTION VII PANEL DISCUSSIONS
Summary
“Oh, and tell them to spy on the ozone layer, will you, Ned. Its dreadfully hot in St. Agnes for the time of the year.”
George Smiley in John Le Carre, The Secret Pilgrim.
ENVIRONMENTAL TREATYMAKING
In this chapter a limited number of environmental treaties will be scrutinized. The main purpose of this exercise is to highlight the specific features of these treaties not only as regards substance but also as regards legal techniques and institutional issues.
MARINE POLLUTION
As the legal situation of the high seas has sometimes been compared with that of outer space – see only the concept of “Common heritage of mankind” or the issue of space debris in relation to the salvage of ship wrecks (Christol 1990, 268-276; Cocca 1990, 71-76; Reijnen – de Graff 1989, 45∧8) – it is appropriate to look into treatymaking endeavors in respect of marine pollution. Since there are over 70 multilateral instruments of one kind or the other which deal with problems of marine pollution one has to pick the most obvious of these instruments, which means a treaty which is global in character and general in scope, yet specific enough in order to be operational: International Convention for the Prevention of Pollution from Ships1973 (MARPOL 73').
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- Preservation of Near-Earth Space for Future Generations , pp. 165 - 179Publisher: Cambridge University PressPrint publication year: 1994
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