خلاصة:
Testing nuclear weapons can be a cause of environmental pollution in the outer space and consequently the Earth. Article 9 of the 1967 Outer Space Treaty stipulates that the environment of the Earth should not be polluted resulting from the introduction of extraterrestrial matter but Article 4 of this treaty only prohibits the deployment of weapons of mass destruction in space and has no rules for banning nuclear weapons testing. Despite the prohibition of nuclear weapons testing in outer space by the 1963 Nuclear Test-Ban Treaty, it lacks verification mechanisms. The Comprehensive Nuclear-Test-Ban Treaty prohibits nuclear testing and nuclear explosions in all environments, but has not yet entered into force. This article by using a descriptive-analytical method analyzes outer space, environmental and nuclear instruments to establish the obligations of states when testing nuclear weapons in the outer space. Given the diverse interests of states capable of conducting these tests, modifying current legal instruments on the outer space is unattainable. Therefore, it seems that the method adopted in the 1959 Antarctic Treaty can be used and an Additional Protocol including environmental behavioral guidelines can be annexed to the Outer Space Treaty .
ملخص الجهاز:
In answering these questions, the general principles of international environmental law, customary rules of the Outer Space Treaty, the Convention on International Liability for Damage Caused by Space Objects, and documents relating to the prohibition and limitation of nuclear weapon tests have been examined.
Almost all principles of international environmental law, especially “the principle of sovereignty over natural resources, the principle of commitment to cooperation, information and assistance in environmental emergencies, the principle of protection and preservation of the environment, the principle of obligating the polluter to pay compensation, the principle of prevention and the precautionary principle” must be observed in the sustainable exploration and exploitation of space and especially nuclear weapons testing in space.
Almost all principles of international environmental law, especially “the principle of sovereignty over natural resources, the principle of commitment to cooperation, information and assistance in environmental emergencies, the principle of protection and preservation of the environment, the principle of obligating the polluter to pay compensation, the principle of prevention and the precautionary principle” must be observed in the sustainable exploration and exploitation of space and especially nuclear weapons testing in space.
Thus, according to Article 7, the government issuing a permit for this test by its non-governmental (private) entities has international responsibility to compensate for environmental damage resulting from potential incidents on Earth, in the atmosphere or space, including the Moon and other celestial bodies, to third states or natural or legal persons.
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