City Research Online

Abstract

There is a significant lack of understanding in the public domain about what space governance entails. However, by referring to the public, this does not just pertain to the obvious lack of knowledge about space by everyday citizens. It also refers to the lack of knowledge about how to endorse space sustainability amongst most governments. This thesis is thus intended to contribute to the relevant academic literature by mapping out how space governance accommodates the concept of space sustainability, at several different levels of analysis. In most aspects of international relations, States are free to exercise their individual sovereign rights, according to treaties. However, in a global space governance context, the only countries that can exercise their full sovereignty at the international law level are major spacefaring nations. A major spacefaring nation is one that has its own launch facilities, corps of astronauts and experience of independently exploring outer space. On the other hand, an emerging spacefaring nation does not have its own corps of astronauts but has explored outer space with the support of at least one other government.

It will also be demonstrated that the traditional top-down approach towards space governance has riddled the industry with corrupt and undemocratic practices – namely, the intentional littering of space objects in LEO. With increasing sightings of large and small space objects making dangerous re-entries back into the Earth’s atmosphere, the time has finally come for major, emerging and even non-spacefaring nations to address the lack of enforceable rules under international space law. The solution that will be proposed in this thesis facilitates legitimate and accountable approaches to polycentric space sustainability governance. However, its theoretical roots are not embedded in law. Rather, the answer to the problem of cultivating a polycentric governance regime, across several different sovereign States, has been defined in the relevant literature, largely by the late Nobel Laureate, Elinor Ostrom. Only several other lawyers have attempted to confront the omissions under international space law by leveraging Ostrom’s insights. This thesis will therefore depart from what has been said before to make its novel contribution.

Publication Type:	Thesis (Doctoral)
Subjects:	K Law > K Law (General)
Departments:	The City Law School > Academic Programmes The City Law School > The City Law School Doctoral Theses Doctoral Theses

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