Text: Tom Royer
Photo: Gerrit, CC BY-SA 3.0, via Wikimedia Commons
A vast uninhabited area north of [Esrange] is used as an area where the sounding rockets can land. Spread throughout this area are small shelters, like the one shown in this picture. When a launch campaign is planned, people are asked to visit such shelters and listen to the radio. This shelter is at Vassejávri, around 10 km west of Järämä (Sweden).
Introduction
In the ever-evolving landscape of academia, the pursuit of knowledge is not limited to isolated disciplines. As a passionate participant in various Critical Arctic Studies (CAS) activities over the past year, I have found myself drawn to the intersections between space law studies and critical Arctic approaches. This blog post aims to reflect upon my interest in critical Arctic approaches within the context of space studies and explore why CAS holds relevance for my research journey.
Commercial spaceport (noun): place from where we launch commercial spacecrafts.This simple concept hides intricate governance dynamics.
Converging Frontiers: The Arctic and the Cosmic
Space and the Arctic are drawing closer together, with the Arctic region being utilized to conduct commercial space activities. A notable development is the establishment of Andøya Spaceport, in Norway. This spaceport is scheduled to enable the launch of small satellites into polar and sun-synchronous orbits (SpaceWatch.Global, 2023). Beyond Andøya, there’s also Esrange in Sweden contributing to this trend. What sets these spaceports apart is their commercial nature. Truth be told, the “change-over from State activities to national private activities” in the space domain is not a novel concept and was deliberated by H. Wassenbergh as early as 1997. However, the novelty lies in this paradigm shift now exerting influence on the Arctic region and Scottish islands, renowned for their vulnerable environments (Payva Almonte, 2023)—and intricate governance dynamics (Landriault et al, 2020).
Critical viewpoints on space law and space exploration are not novel either, but they have initially been struggling for acceptance. During the drafting of the 1967 Outer Space Treaty, the environmentally-focused Japanese approach was marginalized in favour of promoting the use of outer space (Marino & Cheney, 2023). Despite this, environmentalist approaches have been persisting. One such approach, posthumanism, seeks to shift from human-centred perspectives. Amongst the plurality of posthuman approaches, Elena Ćirković’s cosmolegal proposal stands out for linking the Arctic and outer space from the start (Ćirković, 2021).
A Balancing Act: Navigating Environmental and Legal Dimensions
The construction of commercial spaceports in the Arctic indeed raises a host of posthuman, environmental and ethical concerns, as the Arctic is already vulnerable to climate change (Payva Almonte, 2023). The question emerges: Should the commercialization of outer space be intertwined with a commercialization of the Arctic, potentially exacerbating historical and ongoing colonial impacts? Should the Arctic be utilized to facilitate commercial space activities? Environmental assessments have been conducted, but questions arise about their scope and content.
Additionally, the role of international space law in these matters requires exploration. To what extent are the peculiarities of the Arctic environment contemplated by international space sustainability instruments? Moreover, the lack of regulation of (commercial) spaceports has been deplored. Within these critiques, is the launch environment thoroughly considered? The same questions apply to Scotland, which also plans to send smallsats into polar and sun-synchronous orbits (The National, 2023; Orbital Today, 2020) and whose territory faces similar challenges.
Just as the Arctic region and Scottish islands are intricately linked to global environmental, social, and political issues, space law is also intertwined with broader human concerns. Therefore, it is imperative that comprehensive research is conducted to evaluate both the legal and environmental risks linked to launching commercial spacecraft from the Arctic and Scotland.
Critical Arctic Studies: A Catalyst for Relevance
Critical Arctic Studies (CAS) can help bridge all these concerns and challenges by fostering interdisciplinary collaboration. This approach integrates environmental, legal, ethical, and regional perspectives, enabling the development of balanced solutions for the intricate interplay between commercial space activities and the vulnerable Arctic and Scottish environments. CAS, as a multidisciplinary platform, offers a unique vantage point for examining these intersections—and adding a layer of ‘Arctic depth’ to posthuman approaches to space law. It provides a catalyst for relevance, as well as a fertile ground to explore parallels between these seemingly disparate domains—and contribute to a more holistic understanding of both. For instance, both the Arctic and outer space are subject to narratives, that is, “world-making” activities which “inform us about the world and social relations, including the non-human” (Tennberg, 2022). Now that space commercialization is exerting influence on the Arctic region, how can we explore the interrelationship between narratives related to the Arctic and outer space?
Uniting the Arctic and Scottish Space?
Finally, another question remains: To what extent can CAS be applied to the critical study of Scottish commercial spaceports? Moreover, can the Arctic and Scotland unite based on their endeavours in the space sector, mirroring the ‘New North of Europe’ (Heininen & Käkönen, 1998)? In other words, one might ponder whether the convergence of ‘Arctic Space’ and ‘Scottish Space’ could extend beyond geographical proximity. Could the shared pursuit of launching smallsats in polar orbits, whilst ensuring space sustainability, serve as a unifying force—and to what extent can CAS guide a (hypothetical) Arctic-Scottish spaceport sustainability partnership aligned with space law and Arctic, Scottish, and posthuman interests?
Conclusion
As I embark on this reflective journey, I am enthused by the prospect of delving deeper into critical perspectives within the realm of space law. The integration of these critical lenses could not only enrich our cosmic exploration but also underscore the profound interplay of knowledge across diverse disciplines.
Delving into Critical Arctic Studies holds the potential to empower us to navigate the uncharted territory between space law and critical Arctic thinking, unveiling fresh insights and perspectives. This is crucial as the complexities of launching commercial spacecraft from fragile Arctic ecosystems meet the ethical and environmental aspects of space exploration—raising more questions than we currently have answers for.
In a world of uncertainty, CAS can provide a transformative space where diverse disciplines collaborate—a symphony of environmental, legal, ethical, and regional perspectives. It weaves narratives of Arctic resilience and evolving space law. Venturing into the cosmos, we are also launching ourselves into an orbit of collaboration and curiosity, guided by questions that can (re)shape our understanding of the universe—and humanity’s place in it.
Tom Royer is a Ph.D. candidate at the Faculty of Law of the University of Lapland. With a research emphasis on commercial spaceports and space sustainability, Tom is also a visiting researcher at the Northern Institute for Environmental and Minority Law within the Arctic Centre, showcasing a strong commitment to Arctic affairs.
Bibliography
Andøya prepares to build Norway’s first spaceport (2023) SpaceWatch.Global. Available at: https://spacewatch.global/2023/07/andoya-prepares-to-build-norways-first-spaceport/ (Accessed: 27 August 2023)
Ćirković, E. (2021). The Next Generation of International Law: Space, Ice, and the Cosmolegal Proposal. German Law Journal, 22(2), 147-167. doi:10.1017/glj.2021.4
Heininen, L., & Käkönen, J. (1998). The new North of Europe: Perspectives on northern dimension. Tampere: Tampere Peace Research Institute
Landriault, M., Chater, A., Wilson Rowe, E., & Whitney Lackenbauer, P. (2020). Governing Complexity in the Arctic Region. Routledge
Marino, A., & Cheney, T. (2023) Centring Environmentalism in Space Governance: Interrogating Dominance and Authority Through a Critical Legal Geography of Outer Space. Space Policy, 63, 101521. https://doi.org/10.1016/J.SPACEPOL.2022.101521
Payva Almonte, M. (2023) Vulnerability in the Arctic in the Context of Climate Change and Uncertainty, The Arctic Institute – Center for Circumpolar Security Studies. Available at: https://www.thearcticinstitute.org/vulnerability-arctic-context-climate-change-uncertainty/ (Accessed: 27 August 2023)
Space exploration: Trajectories and orbits from Scotland (2020) Orbital Today. Available at: https://orbitaltoday.com/2020/01/30/space-exploration-trajectories-and-orbits-from-scotland/ (Accessed: 27 August 2023)
Tennberg, M. (2022). Narratives. In: Lindroth, M., Sinevaara-Niskanen, H., Tennberg, M. (eds) Critical Studies of the Arctic. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-11120-4_10
UK’s first orbital rocket launch could take place in October in Scotland (2023) The National. Available at: https://www.thenationalnews.com/world/uk-news/2023/01/23/uks-first-orbital-rocket-launch-could-take-place-in-october-in-scotland/ (Accessed: 27 August 2023)
Wassenbergh, H. A. (1997) ‘International Space Law: A Turn of the Tide’, 22, Air and Space Law, Issue 6, pp. 334-341, https://kluwerlawonline.com/journalarticle/Air+and+Space+Law/22.6/AILA1997047
Thematic Network on Critical Arctic Studies 