The Legacy of the Dinosaurs: Regulation of Planetary Defence and Near Earth Objects at a Global Level
Athens International Conference on New Challenges in Space Law: “Space Treaties at Crossroads: Considerations for de lege ferenda”, August 28 - 29, 2015
21 Pages Posted: 11 Oct 2016
Date Written: August 29, 2015
Abstract
In recent years, Near Earth Objects (NEOs) have caused increasing concerns amongst space scientists and policy makers. While attacks on earth from NEOs are rare, the atmospheric impact of an about 20-meter asteroid near Chelyabinsk/Russia in February 2013, served as a warning that asteroid/comet strikes could seriously threaten humanity. Planetary defence requires strong international co-operation. Despite the initiatives at UNCOPUOS, international law falls considerably short of addressing issues pertaining to the detection and mitigation of hazardous NEOs.
This paper builds upon the “risk society” of Ulrich Beck to propose the creation of a Convention on Planetary Defence. The Convention will address co-operation issues among States and, moreover, establish a Global Fund for Planetary Defence. This Fund will be used for R&D on NEOs, for identifying best practices in deterring potential attacks, and for compensating relevant damages.
It is suggested, that the Convention creates a stand-alone international organisation that operates the Fund to fulfil the aforementioned objectives. Parallels will be drawn from various existing international/national arrangements dealing with disasters, such as terrorism, nuclear and pollution accidents. Yet, it will be demonstrated that the unique risk of NEOs requires a sui-generis solution. Furthermore, liability and recourse issues, including governmental liability for failing to mitigate NEOs strikes will be analysed.
Keywords: International Space Law, Insurance Law, Planetary Defence
JEL Classification: K10, K33
Suggested Citation: Suggested Citation