DOI: 10.5553/IISL/2022065003002

International Institute of Space LawAccess_open

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International Responsibility to Protect Freedom of Outer Space Exploration versus Freedom of Use of Outer Space

Keywords Astronomy, LEO mega-constellations, freedom of exploration and use of outer space, balancing rights, international responsibility for outer space activities
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    This study examines how the enjoyment of freedom of use affects the enjoyment of freedom of exploration in space, using the harmful interference of the LEO mega constellations in astronomical science as an example. Furthermore, the study seeks to address this interference through the implementation of Article VI of the Outer Space Treaty. The main question of the study is therefore whether states have an international responsibility to protect freedom of exploration over freedom of use. To answer this question, I first determine whether one of the freedoms should take precedence over the other. Second, I propose balancing these freedoms against each other, a concept of constitutional law, and to give more weight to one than the other to address the problem at hand. Following the examination, I conclude that states have an international responsibility to protect astronomical activities from the effects of LEO mega constellations, and that they are therefore obligated to establish the necessary domestic legal regimes to provide this protection.

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