Guest editorial
| DOI | https://doi.org/10.1108/JPPEL-07-2021-065 |
| Published date | 17 August 2021 |
| Date | 17 August 2021 |
| Pages | 85-87 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Rebecca Leshinsky,Samantha Le May |
Guest editorial
Property interests and the environment in outer space –editorial note
Outer space endeavours are no longer the realm of select nations and their
governments. The past decade has seen significant growth in private public
partnerships (PPP), with private players rapidly advancing their space travel
capabilities. At the same time technical innovation has reduced the cost of access to
space, enabling greater opportunity for emerging industry and nation players.
Space governance and regulation are also evolving, and this is particularly
important for at stake billion-dollar assets and property rights, with many active
space missions providing critical capability to support essential services to society,
across the earth.
It is within the growing space economy that this special issue raises preliminary
and significant discussion about space law, property rights, environmental concerns
and the fundamental role contract law and international customary law will continue
to play as regulatory realities are being debated at the global level. The space treaties
remain relevant but also in need of 21st century revision to accommodate PPPs and
new nation state involvement. As not all nations have signed the space treaties –
particularly as these were written at a time when the USA and USSR were the major
space actors –there is no absolute uniformity in approach. Hence, challenges remain in
regulating space endeavours. This is problematic, as there is heavy reliance from all
nations on communication, navigation and observation from space. Such services are
essential for tracking natural disasters, as well as built environment catastrophes such
as the recent Champlain Towers collapse in Miami, where satellite technology was
relied upon to seek for signs of life. Still to be addressed is the urgency in mitigating
space debris to ensure space activities are aligned with environmental and sustainable
best practice. Other issues in need of more attention are the anti-trust behaviour of
particular private space players, and on-going concerns on how space technologies
will address climate change.
Property and real estate itself are integrated into outer space activities. This
impacts on both Earth and Space-based segments of space infrastructure.
Technological undertakings, asset proliferation and management are significant
actors in the space economy and humanitarian endea vours. A global food crisis, for
instance, could be avoided with the aid of space-based technologies, satellites and
related software and hardware that offer solutions for agricultu re. Such satellite
technology has also enabled many cities to continue working and educating students
during the pandemic; however, outputs have not been distributed a cross the globe on
an equal basis.
Contract law will continue as a fundamental lever for both the real estate industry,
as well as the space economy, particularly as the latter is set in the context of
international treaties, where not all nations are sign atories. International law itself
has always faced challenges regarding compliance and enforcement. Regulation to
cover territorial and extra territorial arenas is unrealistic, and it is within this
context that this special issue sparked a discussionwhich commenced in May 2020 at
the “Property rights and real estate interests in outer space”conference. This
conference, which switched quickly online to accommodate the pandemic, was
sponsored by the Space Industry Association of Australia and supported by the
Guest editorial
85
Journalof Property, Planning and
EnvironmentalLaw
Vol.13 No. 2, 2021
pp. 85-87
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-07-2021-065
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