71 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... Abstr Act t he concept of sustainability in space may seem strange at first sight. After all, space is often seen as a vast, empty place without life and natural resources. However, our activities in space, in- cluding satellite deployment, space tourism and future plans for possible colonisation, pose potential risks to the delicate balance of this extraterrestrial environment. t he legal framework for the sustainable implementation of space activities is examined in this article. A central chapter is devoted to the concept of sustainabil- ity and its extension to space, researching the existing legal regu- lation of space sustainability, or lack thereof. t he link between the 2030 Agenda for sustainable Development and space is also examined. t he work analyses how the 2030 Agenda‘s goals of combating climate change, sustainable industry and sustainable resource management can be achieved through space technol- ogy. Finally, the legal and environmental aspects of space tourism are addressed. It explores how this form of space activity is (un) regulated and what are the environmental aspects that need to be taken into account. t he aim of this work is to highlight the prob- lem of the absence of binding legal regulation of the sustainable conduct of space activities and to point out that the adoption of appropriate legislation would be more akin to a natural evolu- tion of the existing legal system than to a revolutionary change. Introducing the principles of sustainable development might of- fer a potential remedy for certain systemic issues within space law, especially concerning the safeguarding of outer space from space debris. Keywords: space law, sustainable development, space activi- ties, space debris, Agenda 2030, space tourism »Guarding the cosmos«: exploring (non)existing legal frameworks for sustainable space activities Eva Robida 72 DIGNITAS n International Law »Varovanje vesolja«: analiza (ne)obstoječih pravnih okvirov za trajnostno izvajanje vesoljskih dejavnosti POVZETEK Koncept trajnosti v vesolju se morda na prvi pogled zdi nena- vaden. Navsezadnje se vesolje pogosto obravnava kot ogromen, prazen prostor brez življenja in naravnih virov. Vendar pa naše dejavnosti v vesolju, vključno z nameščanjem satelitov, vesoljskim turizmom in prihodnjimi načrti za morebitno kolonizacijo, pred- stavljajo potencialna tveganja za občutljivo ravnovesje tega zu- najzemeljskega okolja. V članku je obravnavana pravna ureditev trajnostnega izvajanja vesoljskih dejavnosti. Osrednje poglavje je namenjeno konceptu trajnosti ter njegovi razširitvi na vesolje, pri čemer se raziskuje obstoječo pravno ureditev trajnosti vesolja ozi- roma pomanjkanje le-te. Preučena je tudi povezava med Agendo 2030 za trajnostni razvoj in vesoljem. Članek predstavi, kako se lahko cilji Agende 2030, kot so boj proti podnebnim spremem- bam, trajnostna industrija in vzdržno upravljanje z viri, uresničijo s pomočjo vesoljske tehnologije. Nazadnje je obravnavan tudi pravni in okoljevarstveni vidik vesoljskega turizma. r aziskuje se, kako je ta oblika vesoljske dejavnosti (ne)urejena ter kakšni so okoljski vidiki, ki jih je treba upoštevati. Namen tega dela je izpostaviti problem odsotnosti zavezujoče pravne ureditve tra- jnostnega izvajanja vesoljskih dejavnosti in poudariti, da bi bilo sprejetje ustrezne zakonodaje bolj podobno naravnemu razvoju obstoječega pravnega sistema kot revolucionarni spremembi. Uvedba načel trajnostnega razvoja bi lahko ponudila potencialno rešitev za nekatera sistemska vprašanja v vesoljskem pravu, zlasti v zvezi z varovanjem vesolja pred vesoljskimi odpadki. Ključne besede: vesoljsko pravo, trajnostni razvoj, vesoljske de- javnosti, vesoljski odpadki, Agenda 2030, vesoljski turizem 1. Introduction On 4 October 1957, soviet scientists launched the first artificial satellite, Sputnik 1, from the baikonur cosmodrome 1 into Earth 1 baikonur c osmodrome is a space launch site in the desert steppes of Kazakhstan. It is one of the 73 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... orbit. t he satellite became the first product of mankind to orbit the Earth, marking the official beginning of the space Age (Lai, 2021, p. 8). t he latter brought rapid advances in space technology and the exploration of space by humans and unmanned space- craft. Over the past 60 years, the space Age has produced some of the greatest scientific and technological advances in human history, from the landing of man on the Moon to the exploration of the outer reaches of our solar system (Millbrooke, 2009, p. 1). In the field of space law, the limitless vastness of outer space is combined with the complexity of legal frameworks. In an era of increasing exploration and exploitation beyond our planet, the need for rules and guidelines governing the sustainable use of outer space has become crucial. t he concept of sustainability transcends earthly boundaries and includes the preservation of celestial environments, resources and the delicate balance of our interconnected universe. As we head towards 2030, an important milestone marked by the 2030 Agenda for sustainable Development on Earth, the space sector is inextricably intertwined with the global sustainability ef- fort. From poverty eradication and environmental conservation to social equity and technological progress, the 2030 Agenda sets out a comprehensive roadmap to address humanity‘s pressing challenges. In the vast expanse of outer space, one important area of inter- est is the developing field of space tourism. As private spaceflight gains prominence and offers civilians unparalleled opportunities to travel beyond the Earth‘s borders, the need for robust regu- latory frameworks becomes apparent. balancing safety, sustain- ability and equitable access to the space tourism experience is paramount in shaping this emerging industry. t he sustainable use of outer space is of paramount impor- tance. t he exploitation of space resources, space tourism and other space-related activities must comply with the principles of sustainability, ensuring long-term benefits for present and future generations. As humanity expands its presence beyond Earth, it is essential to strike a delicate balance between exploration and oldest and largest space launch sites in the world and has been in operation since the late 1950s. It was originally built by the soviet Union in response to the successful launch of sputnik 1. t he site was chosen because of its remoteness, flat terrain and proximity to the equator, which provides a natural boost for rockets launched from the site (Howell, 2018). 74 DIGNITAS n International Law conservation, pioneering progress and protecting the integrity of celestial ecosystems. space law, which is the legal basis for these efforts, has a crucial role to play in shaping the future of our space endeavours. It includes a range of legal principles, treaties and guidelines that govern the activities of states, or- ganisations and individuals in outer space. space law acts as a framework to ensure responsible behaviour, manage potential conflicts and protect the common interests of all humanity in outer space. 2. Space law essentials International space law is defined as a branch of general (pub- lic) international law that covers the rules, rights and obligations of states relating to outer space and to activities in or relating to outer space (Von der Dunk, 2015, p. 29). c ompared to other areas of law, space law is a relatively new area of law, the emergence of which is a process of new discoveries and achievements of mankind. International space law strives to secure the explora- tion and utilization of outer space in a manner that is peaceful, cooperative, and responsible (United Nations, 2023). Its goal is to advance the collective interests of all nations while ensuring the well-being of humanity as a whole. t he basic principles of space law are set out in five interna- tional treaties and agreements ratified by many states around the world. t ogether, they form the basis of modern space law, or cor- pus juris spatialis in the strict sense (steer, 2017, p. 3). t he Outer space t reaty (hereafter »Ost «) became effective on October 10, 1967, t he r escue Agreement, focusing on the rescue and return of astronauts and objects launched into outer space, took effect on December 3, 1968. subsequently, t he Liability convention, addressing international liability for damage caused by space ob- jects, came into force on september 1, 1972. t he r egistration c onvention, focusing on the registration of objects launched into outer space, entered into force on september 15, 1976. Lastly, t he Moon Agreement, governing state activities on the Moon and other celestial bodies, became effective on July 11, 1984 (Jankow- itsch, 2015, p. 5). but international space law is much more than these five in- struments. It also encompasses the various conventions and 75 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... resolutions of the United Nations General Assembly, the rules, regulations and recommendations of international organisations, national laws that interact with the international system and, last but not least, »general international law« (Flis, 2018, p. 53). Corpus juris spatialis is therefore a term used in a broader sense to refer to a comprehensive legal framework that includes legal sources intended to regulate human activities in outer space (steer, 2017, p. 3). t he United Nations Outer space t reaties form a comprehen- sive global legal framework for regulating human activities in outer space. t he pace at which states ratify these treaties may fluctuate, reflecting variations in adoption rates; however, their significance as the cornerstone of international space law remains indisputable (Von der Dunk, 2015, p. 29). Undoubtedly, these treaties constitute the primary legal foundation on the interna- tional stage, steering and overseeing a myriad of activities con- ducted in outer space. It‘s crucial to recognize that the evolving landscape of space exploration, technological advancements, and geopolitical dynamics underscores the enduring importance of these treaties (Von der Dunk, 2015, p. 29). As the linchpin of in- ternational space law, these agreements provide a foundational structure that not only addresses current challenges but also antic- ipates and adapts to the ever-changing nature of space activities. t hey serve as a testament to the collaborative efforts of nations to establish a coherent and universally applicable legal framework that transcends individual interests, fostering cooperation and responsible conduct in the exploration and use of outer space. After the conclusion of the Moon Agreement, the progress of multilateral legislation through treaties under the United Nations (hereafter »UN«) experienced a significant slowdown, influenced by various factors (Jankowitsch, 2015, p. 6). In lieu of this slow- down, non-legally binding instruments meticulously crafted by c ommittee on the Peaceful Uses of Outer space (hereafter »c OP- UOs«) and subsequently endorsed by the UN General Assembly have emerged as instrumental tools in fine-tuning the principles of space law. Good example are Guidelines for the Long-t erm sustainability of Outer space Activities and space Debris Mitiga- tion Guidelines. 2 2 t he Lt s Guidelines developed by the United Nations, offer instructions for the sustainable oversi- ght of space activities. t his includes measures to prevent space debris and encourage collaboration 76 DIGNITAS n International Law Furthermore, beyond the scope of c OPUOs, an array of ad- ditional soft law instruments has emerged, significantly influ- encing the conduct of space actors. t he diverse nature of these non-legally binding instruments adds a layer of flexibility, but it‘s noteworthy that their acknowledgment and adoption remain voluntary. However, this voluntariness doesn‘t diminish their impact; instead, it emphasizes the collaborative and cooperative nature of the international space community, allowing for a dy- namic and adaptable framework that responds to the evolving challenges of space exploration and utilization (Palmroth et al., 2021, p. 3). t he growing adoption of non-binding guidelines and standards has sparked an increased commitment among nations to develop national space laws. t hese laws, extending beyond creating a bind- ing framework for space activities within national borders, play a crucial role in bridging the gap between international and domes- tic legal systems and navigating the interface between legal obliga- tions and soft law. t he seamless integration of non-binding norms into national space laws transforms them into enforceable regula- tions within the jurisdiction of the state (Marboe, 2015, p. 128). 3. Sustainability beyond borders t he term »sustainability« has its origin in the Latin verb »susti- nere«, with »tenere« meaning »to hold« and »sus« meaning »up«. Its essence lies in the ability to sustain an activity at a particular stage or level. since the 1980s, this term has evolved beyond its original roots, expanding to encompass not only the capacity to maintain but also the responsible and enduring aspects of human habita- tion and the utilization of Earth and its resources. t his evolution has culminated in the widely embraced concept of »sustainable development« (Martinez, 2015, p. 259). It is worth noting that the progression of the term reflects a growing global awareness of the interconnectedness between human activities, environmental well-being, and the responsible stewardship of natural resources. t he adoption of »sustainable development« signifies a collective commitment to harmonizing societal progress with ecological among stakeholders. On the other hand, the sDM Guidelines focus on tackling the problem of space debris. t hey provide guidance on the design, construction, and management of space objects to minimize collision risks and maintain long-term access to outer space. 77 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... integrity, acknowledging the imperative to strike a balance that ensures the well-being of present and future generations. t he idea of sustainable development hasn‘t been expressly applied to space. However, it‘s important to note that space has never been excluded from its consideration (Pogorzelska, 2013, p. 4). Interestingly, one of the principles in the r io Declaration 3 emphasizes that states bear the responsibility of ensuring that activities within their jurisdiction or control do not result in en- vironmental harm beyond national boundaries (r io Declaration, 1992, Article 2). According to Articles 1 and 2 of the Ost , outer space is an area beyond national jurisdiction. It is part of the so-called »global commons« and its legal status is defined as »the domain of all man- kind«, which cannot be subject to national appropriation (Ost , 1967, Article 1 and 2). t wo years following the r io Declaration, the International Law Association explicitly stated that the respon- sibility to safeguard areas beyond national jurisdiction should be expanded to encompass Earth‘s orbital space (Pogorzelska, 2013, p. 3). t his expansion of responsibility aligns with the dynamic nature of international law, adapting to the advancements and challenges posed by the ever-expanding realm of human activi- ties, including those beyond our planet. Moreover, according to Article 3 of the Ost , it is stipulated that states Parties are obligated to conduct activities related to the exploration and utilization of outer space in compliance with international law, including the UN charter (Ost , 1967, Article 3). t his Article effectively incor- porates the principles of space law into the broader framework of general international standards, of which sustainable devel- opment constitutes a vital component (Pogorzelska, 2013, p. 4). t he recognition of sustainable development within the broader international standards reinforces the idea that responsible and ethical engagement in outer space activities should not only align with the specific principles of space law but also contribute to the overarching global goals of sustainability and harmonious coexistence. so the idea of sustainable development isn‘t unfamiliar in the context of space regulations; instead, it appears to be a logical 3 t he r io Declaration on Environment and Development, adopted at the United Nations c onference on Environment and Development (UNc ED) in r io de Janeiro in 1992, consists of 27 principles that articulate the key elements of sustainable development. 78 DIGNITAS n International Law progression of the system, more like a natural evolution than a radical transformation (Pogorzelska, 2013, p. 6). Interestingly, the Ost anticipates the emergence of sustainability concepts. In Ar- ticle 1, it asserts the freedom of outer space exploration for all nations on an equal basis, without any form of discrimination (Ost , 1967, Article 1). t his provision can be viewed as laying the groundwork for principles like intergenerational and intragenera- tional equality within space law. t he emphasis on equal access to outer space, as enshrined in the Ost , reflects a foundational commitment to fairness and cooperation among nations in the exploration of the cosmos. t his equitable approach inherently aligns with the principles of sustainability, fostering a collective responsibility to ensure that the benefits and opportunities of- fered by space exploration are shared across generations. t here- fore, the Ost not only sets the stage for space law but also lays a solid foundation for integrating sustainable development prin- ciples into the fabric of international cooperation in outer space activities. As both sustainable development and space law inherently prioritize human interests, their integration wouldn‘t usher in a drastic shift towards environmental-centric values. r ather, it im- plies that states should factor in environmental considerations when strategizing satellite launches or planning space missions (Viikari, 2008, p. 134).t he essential tenets of sustainable de- velopment, such as the judicious use of natural resources, the amalgamation of environmental protection with economic pro- gress, the right to development, and the pursuit of both inter- generational and intragenerational equity, can seamlessly align with the requisites of the space sector (Pogorzelska, 2013, p. 4). t his alignment between sustainable development principles and space activities is not only pragmatic but also visionary. It recognizes the interconnectedness of human activities on Earth and in outer space and emphasizes the importance of respon- sible stewardship of resources. by integrating these principles, the space sector can contribute to a more holistic and balanced approach, ensuring that advancements in space exploration and utilization benefit not only the present generation but also future generations while safeguarding the delicate balance of our planetary ecosystem. t his interconnected perspective rein- forces the idea that responsible space endeavors can serve as a 79 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... model for sustainable and equitable development on a global scale. Another compelling argument supporting the incorporation of sustainable development in outer space is its significant poten- tial to tackle certain systemic challenges within space law regula- tion (Pogorzelska, 2013, p. 5). t hese challenges stem, in part, from the broad and ambiguous nature of space law norms concerning the safeguarding of outer space. A notable issue lies in the in- creasing disparity between regulation and the evolving reality of space activities. Without a revitalization of norms, this misalign- ment could impede the effectiveness of treaty instruments aimed at preserving outer space (Viikari, 2008, p. 134). Furthermore, within the treaty regimes, disagreements emerge. For instance, while the Ost aims to facilitate the utilization of outer space, it overlooks the critical issue of space debris, posing a threat to the secure use of outer space (Pogorzelska, 2013, p. 5). It could be argued that the concept of sustainable development necessitates a reevaluation of norms with unsustainable consequences, urging their interpretation in alignment with the principles of sustain- able development. t he sustainability of space activities faces an array of challeng- es that necessitate careful consideration and mitigation strate- gies. One key concern lies in the increasing congestion of Earth‘s orbit with satellites and space debris, posing risks of collisions and generating long-term environmental hazards. Effective space traffic management and debris mitigation efforts are imperative to ensure the long-term viability of space activities. Additionally, the rapid pace of technological advancements and the commer- cialization of space raise questions about resource utilization and exploitation. striking a balance between economic interests and sustainable practices is crucial to prevent over-exploitation and the depletion of space resources. Furthermore, the environmen- tal impacts of rocket launches and space exploration activities, including potential contamination of celestial bodies, demand comprehensive regulations and responsible practices (Viikari, 2008, p. 29). Although the UN treaties governing outer space primarily fo- cus on aspects like peaceful exploration and equitable resource sharing, they indirectly promote sustainability through funda- mental principles. Despite the absence of an explicit reference 80 DIGNITAS n International Law to sustainability and a formal definition within the UN treaties on outer space, it is crucial to acknowledge that these treaties do not neglect forward-looking environmental considerations. While sustainability may not be explicitly named, the principles embed- ded in the pursuit of utility, responsible behavior, and risk mitiga- tion are essential foundations supporting the safe and sustainable use of outer space (Palmroth et al., 2021, p. 3). t hese principles not only align with the spirit of the UN Outer space t reaties but also underscore a commitment to addressing evolving environ- mental challenges. c onsequently, even without explicit terminol- ogy, the treaties lay a foundation for responsible and environ- mentally conscious conduct in space activities, contributing to the overarching goals of sustainability in the context of outer space exploration and utilization (Deva Prasad, 2019, p. 3). A critical facet of space sustainability and the associated norms of responsible space behavior, extensively deliberated and regu- lated over the past two decades, primarily centers on the mitiga- tion of space debris. r ecognizing that an uncontrolled and unco- ordinated surge in orbital debris could adversely affect the space activities of all stakeholders, whether governmental or private, es- tablished or emerging, has prompted the formulation of progres- sive regulatory measures (Palmroth et al., 2021, p. 4). Despite the primarily voluntary and technical nature of regulations targeting the reduction of space debris proliferation, numerous national legislators have not only embraced these rules but have also el- evated them to mandatory conditions at the national level (Palm- roth et al., 2021, p. 3). r ecognizing that space activities inher- ently transcend national boundaries, the collaborative influence of international law, national regulations, and soft law is poised to uniquely contribute to the establishment of shared goals and ensure compliance among all space actors. As the discussion around space sustainability continues to evolve, it becomes evident that responsible space behavior ex- tends beyond the reduction of space debris. New challenges and opportunities arise, necessitating ongoing collaboration and adaptability in the legal and behavioral frameworks governing outer space activities. Issues such as resource utilization, space traffic management, and international cooperation in scientific ex- ploration are gaining prominence, further emphasizing the need for a comprehensive and forward-looking approach to space law 81 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... that incorporates sustainability as a guiding principle for the ben- efit of all spacefaring nations. 4. Linking sustainability principles on earth with the cosmos t he 2030 Agenda and its 17 sustainable Development Goals (hereafter »sDGs«) represent a transformative vision for a more sustainable and equitable future for our planet and its people. Achieving these ambitious goals requires innovative approaches and collaboration across sectors, and space technology is proving to be a powerful tool in this regard (contribution to the »space 2030« Agenda: EU space supporting a World of 8 billion People, 2023, p. 29). In fact, space technology is an indispensable ally in achieving the sDGs, offering innovative solutions, comprehen- sive monitoring capabilities and global connectivity. by harness- ing the power of satellites and space-based instruments, we can collect critical data, improve our understanding of complex chal- lenges and implement targeted actions that contribute to sustain- able development across multiple dimensions (contribution to the »space 2030« Agenda: EU space supporting a World of 8 bil- lion People, 2023, p. 30). However, to ensure that space technology continues to be used for good and contributes to the 2030 Agenda, laws and regulations must be put in place that promote sustainable and responsible practices. Legislation should explicitly recognise and align with the sDGs. by incorporating the principles and goals of the 2030 Agenda into space-related laws, governments can create a legal framework that prioritises sustainable development, envi- ronmental protection and social well-being. space activities often involve multiple countries and stake- holders. Laws should promote international cooperation and col- laboration and encourage the sharing of information, resources and expertise to jointly address global challenges. International agreements and guidelines, such as the Ost and the sDGs, can provide a basis for collaborative efforts (Ferretti, Imhof, balogh, 2020, p. 271). Legislation should also require transparency and accountability from space actors. t his includes clear reporting mechanisms, disclosure of activities and their potential impacts, and mechanisms for stakeholder engagement. by promoting 82 DIGNITAS n International Law transparency, governments and organisations can ensure that space technology is used responsibly and in line with the sDGs (Deva Prasad, 2019, p. 3). It is also crucial that legislation contains provisions to man- age and mitigate the environmental impact of space activities. t his can include measures to reduce space debris, regulate sat- ellite launches and operations, and promote sustainable use of resources. Environmental impact assessments and monitoring mechanisms can help identify and reduce potential environ- mental risks (Popova, schaus, 2018, p. 6). It is also important that legislation supports ethical standards and ensures inclusive- ness in space-related activities. It should address issues such as privacy, data protection and equitable access to space services. It should also promote diversity and equal opportunities in the space industry to ensure that the benefits of space technology are accessible to all. Governments should establish or strengthen existing regula- tory bodies to oversee space activities and ensure compliance with sustainable practices. t hese bodies can monitor compli- ance with laws, review applications for space missions and pro- mote responsible behaviour by space actors. collaboration be- tween governments, industry, academia and civil society in the creation of these regulatory bodies can promote comprehensive and effective oversight (Di Pippo et al., 2021, p. 19). Laws and regulations governing space activities should be regularly re- viewed and adapted to reflect technological advances, societal needs and changing environmental conditions. r egular evalua- tion ensures that the legal framework is up-to-date and responds to new challenges and opportunities (c ontribution to the »space 2030« Agenda: EU space supporting a World of 8 billion People, 2023, p. 29). by including these elements in legislation, governments can create an enabling environment that harnesses the potential of space technology for sustainable development. Legislation should provide clear guidance, promote responsible behaviour and ensure that space activities are in line with the 2030 Agenda, ultimately contributing to the achievement of the sDGs and im- proving society as a whole. 83 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... 5. Space tourism‘s toll Following the milestone of the inaugural »tourist« spaceflight in 2001, suborbital travel 4 has emerged as a novel dimension with- in commercial space activities. t he rapid expansion of space tour- ism introduces unique legal challenges, demanding attention to ensure safety, accountability, and ethical practices in this dynamic industry. t he current framework of space law, initially crafted for government-led exploration, proves inadequate in addressing the intricate legal issues associated with private space ventures (Von der Dunk, 2019, p. 178–179). As the momentum of space tourism accelerates, there arises a critical need to establish robust regula- tory structures that skillfully navigate the delicate equilibrium be- tween fostering innovation and safeguarding the broader public interest. When space law was initially developed, the status of passen- gers on spacecraft did not pose any challenge, as only astronauts and cosmonauts participated in space flights and missions. Now, defining the legal status and rights of commercial space travelers, or tourists, becomes crucial. Ambiguity arises from using terms like »astronaut« and »spacecraft personnel« without clear defini- tions in international space law, as seen in treaties like the Ost and r escue Agreement (Hobe, 2007, p. 455.). c omplicating mat- ters, these terms vary in meaning across treaties. stephan Hobe suggests a distinction, with »astronaut« reflecting a scientific role and »spacecraft personnel« having a functional meaning (Hobe, 2007, p. 455). t his lack of clarity highlights the need for a nu- anced approach in adapting space law to accommodate the com- mercialization of space activities. t he rapid technological strides in space tourism bring forth intricate legal dilemmas, with space vehicles embodying a hybrid nature, leveraging features from both conventional aircraft and spacecraft. t hese dual-purpose vehicles find themselves strad- dling the realms of both aviation and space laws, casting uncer- tainties on how to navigate registration and liability issues, par- 4 suborbital space tourism, exemplified by companies like Virgin Galactic, involves brief trips to the edge of space, providing passengers with a taste of weightlessness and stunning views of Earth‘s curvature. Moving into orbital space tourism, companies like spaceX offer longer stays in Earth‘s orbit, allowing travelers to witness multiple orbits and experience extended weightlessness. beyond these Earthly orbits lies the concept of tourism beyond Earth, envisioning interplanetary travel and stays in space habitats, including potential visits to the Moon or Mars. 84 DIGNITAS n International Law ticularly concerning suborbital commercial space vehicles (Von der Dunk, 2019, p. 185). t his quandary gains urgency as the pro- duction of two-part vehicles becomes a standard practice in the burgeoning field of space tourism. It‘s now paramount to shed light on these intricacies, emphasizing the pressing need to de- cipher the operational and legal complexities surrounding these cutting-edge vehicles. t his evolving scenario underscores the ne- cessity for regulatory frameworks to adeptly accommodate the distinct characteristics of the space tourism industry. Engaging in space activities entails inherent risks and dangers. t hus, when delving into the legal aspects of space tourism, it becomes imperative to prioritize the intricacies and challenges within the existing liability framework outlined in the corpus juris spatialis. since the 1963 UN Declaration on Legal Principles Gov- erning the Activities of states in the Exploration and Use of Outer space, alongside the 1967 Ost and the 1972 Liability c onvention, liability regulation has stood as a pivotal component in govern- ing outer space activities. However, the present liability structure, narrowly defined, falls short of accommodating the demands of the commercial advancements witnessed in the past two decades. Despite various provisions in current national and international regulations addressing liability for commercial space activities, persistent legal issues arise concerning the commercialization and privatization of space endeavors (Masson-Zwaan, Freeland, 2010, p. 1598). t he existing liability regime has never been practi- cally applied, leaving room for ongoing legal challenges, although the c OsMOs 954 accident in 1978 almost set a precedent. 5 As we delve into the realm of space tourism and its technologi- cal strides, it‘s imperative to scrutinize the potential environmen- tal repercussions associated with this burgeoning industry. In the context of space law‘s philosophy of the »common heritage of mankind«, safeguarding the cosmic environment becomes para- mount (Masson-Zwaan, Freeland, 2010, p. 1606). t he upsurge in commercial space activities, notably space flights, significantly impacts the environment by harming the ozone layer and releas- ing pollutants like black carbon. suborbital journeys, exemplified by Virgin Galactic, introduce black carbon into the atmosphere, 5 c OsMOs 954 was a soviet satellite that had a nuclear reactor on board to power its systems. On 24 January 1978, the satellite suffered a critical malfunction which caused it to disintegrate and scatter its debris over a wide area, including the c anadian Arctic region (byers, boley, 2023, p. 64). 85 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... potentially altering global weather patterns (byers, boley, 2023, p. 38–41). While U.s. agencies have urged companies to study and mitigate their atmospheric impact, a more extensive international collaboration and commitment to sustainable practices are essen- tial (Mcc ue, 2022, p. 1097). beyond environmental concerns, ethical considerations emerge. Embarking on space tourism comes with a hefty price tag, making it an exclusive experience for a fortunate few. crit- ics contend that this exacerbates social disparities, sparking con- cerns about fairness and justice. t he considerable financial and technological assets required for space tourism could instead be directed towards addressing urgent global issues like poverty, education, or climate change. sooner or later, the status of im- portant sites in space that are (and will be) historically significant will have to be regulated. Legislation will be needed to provide for »heritage zones« to protect certain sites, such as the site of the first manned lunar landing, from accidental or deliberate damage by space tourists (Masson-Zwaan, Freeland, 2010, p. 1606). t he current state of space law struggles to keep up with the dy- namic landscape of the growing space tourism industry. It‘s seen as too inflexible to serve as a reliable foundation for space tour- ism. t here‘s a pressing need for a fresh international convention solely dedicated to regulating commercial space tourism, aiming to clear up uncertainties in the field. such a unified tool should consider and adopt elements from existing aviation law, treating it as a guiding model, especially when it comes to dealing with questions of liability. Establishing a comprehensive legal strategy is a key component in advancing the broader development of commercial aspects in space. t his means that as we venture into economic activities in space, there should be a parallel implemen- tation of a legal framework, overseen by an international body, to ensure robust support as a coherent system (Masson-Zwaan, Freeland, 2010, p. 1607). 6. The path forward space-age developments and innovations have led to a grow- ing number of space actors, transforming a traditionally govern- ment-led industry into an increasingly commercialised one (Gas- pari, Oliva, 2019, p. 188). t he range of possible space applications 86 DIGNITAS n International Law is expanding and the international community is becoming in- creasingly dependent on space activities. space helps to improve the lives of people around the world and helps us to face the challenges of our time. space imagery and data allow experts to develop strategies to combat climate change and reduce the dam- age caused by environmental disasters. t he issue of space debris and other challenges to the sustain- ability of outer space clearly shows that space activities, if carried out without proper legal and environmental considerations, can pose a major threat to humanity and the environment, and shows us that the international community must work towards a more effective and comprehensive legal regime that ensures and con- tributes to sustainability on Earth and in outer space. Existing international space law addresses the sustainability of outer space indirectly and does not provide a comprehensive legal framework for the protection of the space environment, nor does it contain strict sustainability guidelines and principles on how to conduct space activities. t he general obligations relating to the environmental aspects of space exploration and use found in UN treaties or principles need to be adapted to current scien- tific, technological and industrial developments. t he lack of adequate regulation for the sustainable imple- mentation of space activities is like an ominous black hole that threatens the space environment, the implementation of the 2030 Agenda and future generations. While humanity is struggling to achieve sustainable development on Earth, a »Wild West« is un- folding in space without real rules. space, which could be our partner in achieving the global goals, is becoming an arena for private space actors who indulge in a privileged experience at the expense of social inequality and environmental destruction. It is time for the international community to come together and set clear guidelines to steer space activities in a direction that benefits all and ensures the long-term sustainability of our exploration and exploitation of space. Humanity deserves more than a chaotic space circus - it deserves a sustainable and re- sponsible exploration of the unknown depths of space for the benefit of us all. 87 DIGNITAS n »Guarding the cosmos«: exploring (non)existing legal frameworks for ... LITERATURE AND SOURCES byers, M., boley, A. (2023). 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