My project explores the conceptualization of outer space as an environment, and its implications for international law, particularly concerning environmental protection and foreign investments. The study aims to reconceptualize outer space, especially Earth’s orbit, as an environmental domain subject to regulatory measures similar to those applied to terrestrial and atmospheric environments. The research is motivated by the rapid growth in both public and private space endeavors, which include satellite operations, space tourism, resource extraction and utilization, as well as potential extraterrestrial settlements. With regard to orbital activities, the focus will be on the accumulation of space debris, presenting significant risks such as orbital collisions, which could eventually render Earth’s orbit unusable—a scenario known as the Kessler Syndrome. Given these concerns, the project examines whether space should be classified as an environment requiring protection.
Through environmental sociology, the project will show that while environmental protection is one aspect of our interaction with outer space, environmental utilization, risk mitigation, scientific engagement, and cultural preservation are parallel manifestations of outer space as environment, and crucial aspects of our engagement with it. Building upon this framework, the project’s key contribution is to show how this taxonomy helps better conceptualize the leeway of states regulating space activities, as well as rules and principles in international law, applicable to environmental protection and policies instigated by states.
A central aspect of this study is the investigation of how categorizing space as an environment influences international investment law, particularly regarding state regulations and their impact on private sector activities. The project posits that space, much like terrestrial and atmospheric domains, can be subject to environmental protection measures which may conflict with commercial interests. This conflict is explored through the lens of international investment agreements (IIAs) and arbitration cases where states have imposed environmental regulations impacting foreign investments.