DOI: 10.5553/IISL/2022065005001

International Institute of Space LawAccess_open

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“What’s In A Name?” Legal Aspects of ‘Safety Zones’ on Celestial Bodies and Elsewhere in Outer Space

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    The concept of ‘safety zones’ and the possible application thereof to celestial bodies has recently attracted considerable debate, mainly because it constituted one of the elements in the Artemis Accords. Most notably, concerns were raised that the establishment of any such zones would violate the foundational principle of absence of territorial occupation and sovereignty in outer space stemming from Article II of the Outer Space Treaty. The present paper will, first, look into the general approach taken by the Artemis Accords on the issue in the light of the Outer Space Treaty. Second, it will briefly assess more broadly how in other domains concepts of ‘safety zones’ or similar constructs have been developed. This should allow, third, at least for a preliminary assessment of how to ensure that the conditions under which any establishment of ‘safety zones’ on celestial bodies would take place could and/or should be considered legal.

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