Yana Yakushina

Legal protection of dark skies above major observatories - Volume 20 Issue A31

The protection of Dark and Quiet Skies (D&QS) has become an urgent concern due to increasing levels of ground-based light pollution (LP) and the rapid deployment of satellites, which have introduced significant new sources of orbital LP and radio frequency interference (RFI), affecting both astronomical observations and other services. These have prompted a growing policy response, with regulatory instruments emerging to protect D&QS from both terrestrial and space-based activities.,This article examines various regulatory approaches adopted to address the impacts of LP and RFI across both terrestrial and orbital environments. This paper shifts the focus from impact to governance, examining how different jurisdictions have begun to recognise LP and RFI and what measures are being used to reduce their harmful effects. The article aims to explore and map the regulatory landscape, highlight main trends, and suggest practical ways to mitigate current concerns, such as through a more coherent regulatory approach.

In recent years, the protection of dark and quiet skies (D&QS) has become an increasingly urgent concern, driven by the proliferation of artificial light at night (ALAN) and the deployment of mega-constellation satellites in low-earth orbit (LEO). This paper presents preliminary research findings from the IAU CPS Policy Hub National Analysis Team, focusing on the national policy and legal approaches to safeguarding D&QS for astronomical observations worldwide. It synthesises the key interim results with a primary focus on light pollution mitigation, outlining measures to combat light pollution and emerging regulatory trends. The study also identifies obstacles to mitigating light pollution and offers examples of national approaches for D&QS protection, along with future research prospects.

This article summarizes recent findings of the CPS Work Package 2 Working Group concerning international law and policy relevant to the protection of dark and quiet skies. It identifies existing gaps in the understanding and application of relevant international instruments, extracts lessons learned from previous analyses, and proposes future steps to address orbital light and spectrum pollution. In particular, the article emphasizes the need to use multiple approaches alongside space law, such as policy advocacy and public engagement, to diversify strategies and achieve more effective solutions.

Within rapid technological developments, some environmental problems remain unnoticed until it is impossible to ignore them. Light pollution caused by widespread use of artificial light at night is one of them. This article examines the nature of light pollution, attempts to justify it as a global environmental concern within international environmental law (IEL), and discusses the application of international regulatory approaches to address the issue and associated negative impacts to protect nocturnal environments for current and future generations. Drawing on the existing international environmental legal instruments, concepts, and customary principles, this research seeks to conceptualize light pollution and the protection of the night within the existing legal framework. The article provides a new perspective on what constitutes a natural environment, highlighting that IEL implies the preservation of both daytime and night-time environments. Additionally, it suggests a further path towards legal recognition of light pollution and frameworks potentially applicable to address the issue.

Space-Based Solar Power (SBSP) involves collecting solar energy in space and transmitting it to Earth, ensuring continuous power generation. Though an old concept, SBSP is gaining renewed interest, with projects such as the European Space Agency’s (ESA) SOLARIS targeting deployment by 2030. Consulting firms have confirmed its cost-benefit viability. However, numerous legal, economic, and regulatory challenges arise. Key questions include space environmental considerations, such as orbital light pollution, as well as ground-based environmental concerns, particularly regarding the size of the rectenna required to capture space laser beams. The deployment of massive SBSP systems could also contribute to an increase in space debris if the maintenance and decommissioning of such large structures are not addressed during the design phase. Beyond environmental aspects, the commercialisation of SBSP raises issues concerning the ESA’s role as an energy producer, the impact of facility location on energy resale, and the classification of space solar energy or orbital slots for SBSP installation as space resources. These considerations will raise challenges regarding the ownership and business model of the energy produced, in accordance with the provisions of the Outer Space Treaty. International energy distribution presents additional complexities, particularly in ensuring equitable access for developing nations. Within the European Union, SBSP integration would require significant grid upgrades, pose the risk of market saturation, and necessitate navigating diverse national regulations. Despite its transformative potential, SBSP faces significant legal, technical, and economic challenges, all of which are explored in this paper, inviting a transversal and comprehensive reflection.

Article Open Access by Yana Yakushina1 1 Department of European, Public and International Law (Ghent, Belgium) DOI: https://doi.org/10.29202/asl/12/5 Received: 10 December 2023 / Accepted: 20 December 2023 / Published: 30 December 2023 Review Reports Cite This Paper Abstract Increased levels of artificial light at night (ALAN) have resulted in ground-based light pollution. The … Continue reading Dark Sky Protection for Space Sustainability and Space Exploration