Speaker
Description
The proposed EU Space Act represents a landmark paradigm shift in space governance by importing the so-called Polluter Pays Principle (PPP) from Union environmental law into the regulatory framework of outer space activities. Central to this initiative is the transition from a reactive liability regime to a proactive model of environmental stewardship through mandatory Life Cycle Assessments (LCA) and the submission of Environmental Footprint Declarations (EFDs) for mission authorisation. This contribution explores the legal and structural challenges of integrating diverse indicators - including launch emissions, orbital debris mitigation, and “dark and quiet skies” - into a single regulatory “cradle-to-grave” assessment.
A primary concern addressed is the verification of LCAs for space assets manufactured outside the Union. By employing a “marketplace approach” similar to the General Data Protection Regulation, the EU Space Act mandates that non-EU operators providing services within the Union single market must comply with these sustainability standards. This contribution questions whether such requirements constitute an extraterritorial overreach that conflicts with the Outer Space Treaty’s grant of exclusive jurisdiction to the state of registry. Furthermore, it examines the potential for unfavorable LCAs to serve as de facto evidence of fault under the 1972 Liability Convention; if an operator fails to adhere to the EU Space Act’s mandated sustainable design, could accidental collision be reclassified as negligent conduct?
The analysis also scrutinises the EU Space Act’s bundling of disparate risks, specifically the grouping of “casualty risk at re-entry” with scientific concerns such as light pollution. It argues that while the latter is a legitimate scientific interest, its enforcement through internal market regulations lacks a clear international mandate, potentially leading to regulatory overreach. Finally, the contribution addresses the risk of carbon and economic leakage. While the EU Space Act aims to set a global “gold standard” via the Brussels effect, initial assessments indicate manufacturing costs for satellite platforms could rise by 10%. This contribution investigates whether these high compliance burdens will drive a “race to the bottom” or “forum shopping,” where operators migrate to less regulated jurisdictions, thereby shifting rather than solving the problem of space pollution.
The contribution concludes by situating the EU Space Act as a transformative but contested instrument of industrial policy that seeks to define the technical requirements of responsible behaviour in a congested and contested orbital environment.
| Which section would you like to submit your abstract to? | Session 12: “Towards the integration of all the open aspects in space sustainability” |
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