Early View Article - EU Space Law and Earth's Boundaries: Integrating Environmental Impact Assessment and Corporate Due Diligence

EU Space Law and Earth's Boundaries: Integrating Environmental Impact Assessment and Corporate Due Diligence

The European Union's proposed Space Law aims to establish a unified approach for sustainable space activities across the EU. While the EU's satellite constellations contribute to sustainability efforts, they can also have negative environmental impacts. This article argues that to address the challenges of space environment sustainability and the impact of space activities on Earth's planetary boundaries (EPB), the EU Space Law should incorporate environmental impact assessments (EIA) and public-private governance measures tailored for the space sector. The article examines potential interactions among EU space activities and existing legal frameworks, such as the outer space law regime, the EU's EIA Directive, and corporate social responsibility developments, including the Corporate Sustainability Due Diligence Directive (CSDDD). The analysis focuses on the relationship between the EPB approach and outer space activities, due diligence and strict liability in relation to intergenerational equity and future generations in international law, and the applicability of EIA and corporate governance to the emergent EU Space Law. The article emphasizes the importance of incorporating environmental and social considerations into the governance of space activities to protect outer space-Earth complex systems.

 

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