This’s a brilliant article. So topical. Thank you. One quick question, if the rockets belong to countries (not companies) - would the US be liable for environmental damage caused by its shuttles. Understand that that will be difficult to quantify.
"440. The Court observes that certain rules of international law relating to global common
goods, such as the climate system, may produce erga omnes obligations (see Conclusion 17,
paragraph 3 of the commentary, ILC Conclusions on identification and legal consequences of
peremptory norms of general international law (jus cogens), Yearbook of the International Law
Commission, 2022, Vol. II, Part Two, p. 66). In the present context, the Court considers that all States have a common interest in the protection of global environmental commons like the atmosphere and the high seas. Consequently, States’ obligations pertaining to the protection of the climate system and other parts of the environment from anthropogenic GHG emissions, in particular the obligation to prevent significant transboundary harm under customary international law, are obligations erga omnes. In the treaty context, the Court recalls that the UNFCCC and Paris Agreement acknowledge that climate change is “a common concern of humankind” (UNFCCC, first preambular paragraph; Paris Agreement, eleventh preambular paragraph), requiring “a global response” (Paris Agreement, Article 2). They seek to protect the essential interest of all States in the safeguarding of the climate system, which benefits the international community as a whole. As such, the Court considers that the obligations of States under these treaties are obligations erga omnes partes."
Excellent point! This suggest rocket emissions affecting the ozone layer or climate could potentially be challenged as violating existing climate obligations, even without space-specific environmental rules. True!
This’s a brilliant article. So topical. Thank you. One quick question, if the rockets belong to countries (not companies) - would the US be liable for environmental damage caused by its shuttles. Understand that that will be difficult to quantify.
Thanks! Yes, it would! The problem is we're unclear on what the rules even are in that context (& the issue of quantification is also real!)
I find this paragraph very helpful in this issue
"440. The Court observes that certain rules of international law relating to global common
goods, such as the climate system, may produce erga omnes obligations (see Conclusion 17,
paragraph 3 of the commentary, ILC Conclusions on identification and legal consequences of
peremptory norms of general international law (jus cogens), Yearbook of the International Law
Commission, 2022, Vol. II, Part Two, p. 66). In the present context, the Court considers that all States have a common interest in the protection of global environmental commons like the atmosphere and the high seas. Consequently, States’ obligations pertaining to the protection of the climate system and other parts of the environment from anthropogenic GHG emissions, in particular the obligation to prevent significant transboundary harm under customary international law, are obligations erga omnes. In the treaty context, the Court recalls that the UNFCCC and Paris Agreement acknowledge that climate change is “a common concern of humankind” (UNFCCC, first preambular paragraph; Paris Agreement, eleventh preambular paragraph), requiring “a global response” (Paris Agreement, Article 2). They seek to protect the essential interest of all States in the safeguarding of the climate system, which benefits the international community as a whole. As such, the Court considers that the obligations of States under these treaties are obligations erga omnes partes."
Excellent point! This suggest rocket emissions affecting the ozone layer or climate could potentially be challenged as violating existing climate obligations, even without space-specific environmental rules. True!