Abstract
Committee of Space Research’s Planetary Protection Policy is a triumph of technocratic governance in the global sphere. The Policy is produced by a group of scientific experts and subsequently enjoys high regard among the scientific and space community. However, as Committee of Space Research is an independent organization without any legal mandate the Planetary Protection Policy is an example of so-called “soft law” or a non-binding international instrument, in short, no one is under any legal obligation to comply with them. The policy is linked to Article IX of the Outer Space Treaty and its provision calling for the avoidance of “harmful contamination” of the Moon and other celestial bodies. While space activities beyond Earth orbit have been the exclusive preserve of government scientific space agencies this has posed little problem. However as private and “non-science” space activities proliferate and begin to spread their reach beyond Earth orbit, the Planetary Protection Policy is being tested. This paper will examine the challenges of developing and maintaining an effective planetary protection regime in this “New Space” era. This will involve looking at the existing policies, as well as the governance framework they sit within. However, it is also necessary to consider and understand the scientific basis not just for the specifics of the policy itself but the necessity of it. Finally, this paper will consider whether a broader “environmental” framework is needed as space activities diversity in type and location.
Highlights
The Committee of Space Research’s (COSPAR) Planetary Protection Policy (PPP) (COSPAR 2020a) has sought to protect the space environment from “harmful contamination” which would endanger the integrity of the scientific exploration of outer space including the search for life
That COSPAR is an expert driven process which generates technical guidelines that are adaptive to circumstances and scientific development and that both makes them an exemplary example of ‘soft law’ and has furnished them with high regard within the scientific community
The Achilles heel in this is that actors who see themselves as outside of this community and who do not care about protecting the scientific integrity of outer space, will not feel obliged to adhere to the guidelines
Summary
The Committee of Space Research’s (COSPAR) Planetary Protection Policy (PPP) (COSPAR 2020a) has sought to protect the space environment from “harmful contamination” which would endanger the integrity of the scientific exploration of outer space including the search for life. Nonbinding guidelines rely on parties caring about their objectives, States have an ability, and a responsibility, to ensure responsible conduct by their nationals and non-governmental entities, in outer space and that includes ensuring adherence to the principles of planetary protection. As issues such as space debris demonstrate, it is necessary to consider whether a broader environmental perspective is needed, whether it is necessary to protect the outer space as an environment, to ensure future use for a range of activities. The discussion will explore the issues of enforcement in international law, of “non-binding” norms (the so-called ‘soft law’ provisions), before discussing whether there is a need for a refocusing of international efforts to protect the space environment
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