Space Law

 

“Space as a tool to foster adaptation and mitigation measures on climate change” 

“On April 20, 2021, World Meteorological Observation (WMO) recorded that ‘2020’ is one of the three warmest years. GHGs emission units were under the garb of lockdown still there was no expected recovery. Space-based technologies have served to be the best tool to derive information on changes in the climate system. By using International Space Station, Satellites and Solar panel, we can effectively trace and work on the adaptation and mitigation measures for climate change. The author in this essay discusses space-based technologies and endeavour on how this technology can help in applying measures in the Law of Climate Change.”

Introduction

The transcending civilisation of humankind is going beyond the sky’s limit; one shortcoming we face in this development is our ignorance of the environment. Climate change is an apocalypse for the future generation. The UNFCCC is made to prevent “dangerous” human interference with the climate system. Under Article IV (g) and (h), a ‘common but differentiated responsibility is entrusted upon the state parties to promote technology including space technology for understanding and improving the climate system. Climate change is an outer- space problem, it involves the sun and its influence upon the atmosphere of the earth and therefore space technology serves as the best tool to control climate change. The NASA satellite Nimbus – 4 and ESA Copernicus Sentinel – 5P found the presence of depletion of ozone in the Arctic and Antarctic region. Space entrepreneurs like Tory Bruno, Jeff Bezos suggest artistic ways to use the space for controlling climate change. In this essay, we will explore such veracity that can shield the earth from the horror of climate change.

Inventories of Space Technologies to tackle Climate Change

A. Satellites

With the drastic effect of Natural and anthropogenic climate change, the abilities of satellites to measure and monitor the report of the climate system are increasing at a tremendous rate. Organisations like NASA, NOAA and ESA use this medium to monitor GHGs emissions, weather patterns, melting of glaciers etc. Various satellites can be tasked with different aspects of climate change. First is ‘Remote Sensing Satellites’, environmental crisis has to look holistically and therefore both ground report and aerial observations are required. These satellites provide such reports and are often designed to operate within one or more of the atmospheric windows which exist in the microwave region. This technology is helpful to adopt relevant mitigation measures for climate change as it provides data for sea temperature, surface vegetation and other important crucial factors. Its importance can be outlined during the Covid -19 Period: Chinese and Italian industries curtailed the emission of Nitrogen dioxide (NO2) due to lockdown which was shown by the Satellites of NASA and ESA. The Second is ‘Communication Satellites’, these satellites are helpful in the transmission of information. These are regulated by Article 46 of the International Telecommunication Union (ITU) where states have to cooperate to ensure navigation and communication with other satellites during emergencies. To monitor climate change, communications through this medium become important, especially where the optical fibre link is absent in rural-remote areas. Climate change involves disasters like earthquakes, floods, storms etc. The recent earthquake of Chile highlights the importance of Communication satellites as landlines became inoperable, only access to the internet via satellite was functional. The third one is ‘Weather Satellites’. The first weather satellite was launched in 1959 and was a tremendous success in obtaining climate information. The ESA’s Sentinel-3A was designed to gather data on sea – surface temperature and topography of ice. These Satellites provides specialized information regarding temperature, humidity and global warming.  As per Article 9 of the Paris Agreement, extreme weathers are associated with climate change.  The information provided by the satellites is reported to World Meteorological Organization (WMO). It coordinates the use of weather satellites by national governments and provides guidelines for effective satellite deployment. The GCOS led by WMO provides comprehensive information on climate change in a range of physical, chemical and biological properties.  And the last one is the ‘Global Navigation Satellite System’. Currently, there are four GNSS that is, the United States Global Positioning System (GPS), European Galileo, Russian Glonass and Chinese Beidou.  These satellites have a multi-tasking function like; it can detect the height of oceans, approaching tsunamis, sea movements etc. It tracks other satellites and compares them with their regional timings. This helps the GNSS system to trace the precise location and all this data is collected and sent to work on adaptation and mitigation measures of climate change.

B. Solar panels

A comprehensive study of Geomatics Engineering shows that placing a reflective shield between earth and the sun can reduce global warming. Such a task is though possible but is of high risk. The Solar reflective panels can be installed at Lagrange Point One that is 1.5 million kilometres from the earth or a reflective band of dust can be spread in Lower Earth Orbit (LEO).  However, such a band can interfere with navigation as it will be in the same space debris and reflective panel at ‘Lagrange Point One’ but again it may cause interference with astronomy and might create harmful disturbances to satellite communication. Therefore, this operation can be done only with common consensus by all the states as per the Article IX of the Outer Space Treaty.

Role of Private Players in the outer space for controlling climate change

The privatisation of the Space Sector will boost technological advancement. As previously mentioned, the space firm elites are coming up with new artistic ways. While satellites and Solar panels are effective in working, the vision of Tory Bruno with people working in the earth and moon orbits and the idea of Jeff Bezos to treat the earth like national parks will certainly bring an effective change for climate control mechanisms. Space firms like ‘Skybox Imaging’, ‘Planet IQ’, ‘GeoOptics’ and ‘Panasonic’ are vying to launch small, advanced and low-cost satellites whose size can be up to only like palms of our hands. There is a dire need for regulations and recognition of ‘freedom of exploration and use’ under OST, 1967 for private individuals. This will effectively bring functionality to adaptive and mitigating measure to control climate change.

Conclusion and Suggestions

Similarly to the fight of Covid – 19, a matter of climate change can only be solved by the mutual cooperation of all states and private individuals. To tackle climate change, future policies for space exploration shall be liberal to allow private entities to demonstrate their innovative mechanisms of controlling climate change and information on this shall be freely available to everyone and allow them to make every effort. As the development in space sector is increasing, a further need of development is required in the law of climate change to ensure the smooth functioning of the use of space technology in controlling the every aspects of climate change.

 

 Author - Aditya Gatlewar, B.A.LLB (Hons.)

 

BIBLIOGRAPHY

 

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