Description
International space law struggles to exercise effective governance over advanced technologies whose effects are truly global. This paper analyses intersections between international space law and public international law, seeking to futureproof Outer Space against the abuse or misuse of space-based technologies. Space governance must respond to the challenges of advanced dual-use technologies, and make high-level, hardline distinctions between positive and negative uses. To situate this discussion, this paper analyses recent proposals for space-based solar radiation modification (SRM), including sun shields the size of Brazil, which intend to block solar radiation from reaching Earth. Of immediate concern, SRM is scientifically uncertain, risking the destabilising of Earth-Space systems. SRM requires a continuous deployment period of 150-400 years, binding future generations; failure to maintain the system risks termination shock, an uncontrolled overheating spiral on Earth. The distributive effects of SRM cannot be predicted and will be subject to, as yet unmeasurable climate crisis variables. Despite the risks, there is growing pressure to upscale SRM trials with a view to deployment in order to buy time, and in some cases, to sidestep independence from fossil fuels. Confronted with these uncertainties, certain regional blocs, such as the Small Island Developing States are striving towards a collective approach to the climate crisis. Others, such as the United States, are driving towards societal climate securitization in defence of a business as usual model. Outer Space is dominated by a US-led extension of the military-industrial complex, in which tech bros dominate the playing field, operating in a near permissionless regime, and risking a ‘Wild West of tech exploitation’. This raises concern as to who decides whether to deploy high-risk technologies such as SRM in Outer Space, who will control it once deployed and for whose benefit, and by what means can, or should decision-makers be held to account.
