The effectiveness of the Rome II Regulation in identifying orbital pollution as an environmental damage

Abstract

Besides the numerous benefits offered by outer space, manned spaceflight has lead to some negative effects manifested by various forms of pollution when introducing terrestrial substances and materials. Considering the Rome II Regulation, Article 7 applies in cases of non-contractual obligations arising out of environmental damage or damage sustained by persons or property as a result of such damage. Giving particular emphasis on space-faring member states of the European Union and the European Space Agency in regards to the damage and/or the event giving rise to it may occur within an extraterrestrial environment, Rome II does not theoretically grasp the notion of orbital pollution due to it not being identified as an “environmental damage” in any legal source. When attempting to identify orbital pollution as an environmental damage by drawing a parallel to Rome II, two elements are analyzed: (a) specific Earth-orbits polluted with orbital debris; and (b) potential damages to persons and spacecrafts resulting from spacefaring nations’ failure to mitigate domestic orbital debris; this critical analysis, hence, examines whether Rome II does justice for extraterrestrial environmental damages and further argues that the extraterrestrial environment – along with persons and property within – is just as equally endangered as the terrestrial environment.