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Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty
Mini Dissertation (LLM (International Air, Space and Telecommunications Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613535484248065 |
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| access_status_str | Open Access |
| author2 | Hobe, Stephan |
| author_browse | Hobe, Stephan |
| author_facet | Hobe, Stephan |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Air, Space and Telecommunications Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/91702 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:41.590Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/91702 Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty Hobe, Stephan nicholaspdtoit@gmail.com du Toit, Nicholas P UCTD Article VI of the Outer Space Treaty Space traffic management Space debris remediation due diligence Due diligence Mini Dissertation (LLM (International Air, Space and Telecommunications Law))--University of Pretoria, 2023. Humanity may just be touching the edges of our own Solar System but space immediately outside of Earth – the orbital planes– is growing congested with space objects. The steady evolution of non-governmental space entities such as SpaceX has already contributed significantly to the space object population and this number is only expected to grow as constellations of thousands of privately owned satellites become more profitable activities. While the commercialisation of space has seen great leaps, the accompanying space law has only undergone small steps. Article VI of the Outer Space Treaty is central provision in international space law outlining State responsibility for non-governmental entities in outer space. The manner in which the due diligence obligations under Article VI have been interpreted in such a way that the current status quo carries a considerable risk of the outer space environment suffering from a “tragedy of the commons” in the shape of an unstoppable chain reaction of cascading, ultra-hazardous space debris. In light of this impending catastrophe and the growing need for sustainability in outer space, States will soon have to adopt near-universal standards of space traffic management and space debris remediation. Space law scholarship has frequently suggested that a central regulatory authority in the shape of the International Civil Aviation Organisation is the potential solution with the greatest chance of protecting the outer space environment from unsustainable practices. Opponents to a central regulatory authority advocate instead for a “bottom-up” approach to developing legal norms in space. Ultimately, this study will propose that the interpretation of due diligence under Article VI should be updated to reflect an obligation to conduct space traffic management and space debris remediation. Public Law LLM (International Air, Space and Telecommunications Law) Unrestricted 2023-07-31T09:59:16Z 2023-07-31T09:59:16Z 2023 2023 Mini Dissertation * S2023 http://hdl.handle.net/2263/91702 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Article VI of the Outer Space Treaty Space traffic management Space debris remediation due diligence Due diligence Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty |
| title | Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty |
| title_full | Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty |
| title_fullStr | Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty |
| title_full_unstemmed | Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty |
| title_short | Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty |
| title_sort | lightyears behind potential solutions for the interpretative ambiguities left by article vi of the outer space treaty |
| topic | UCTD Article VI of the Outer Space Treaty Space traffic management Space debris remediation due diligence Due diligence |
| url | http://hdl.handle.net/2263/91702 |