TY - JOUR ID - 85067 TI - The Legal Challenges of Preventing Environmental Pollution Caused by Nuclear Weapons Testing in Outer Space JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Kosha, Soheyla AU - Zare Arand, Faramarz AD - Assistant Professor of Payame Noor University, Tehran, Iran AD - MSc in International Law, Payame Noor University, Tehran, Iran Y1 - 2022 PY - 2022 VL - 52 IS - 2 SP - 1027 EP - 1050 KW - Pollution KW - international space law KW - nuclear weapons KW - the environment KW - the Antarctic Treaty DO - 10.22059/jplsq.2021.315222.2652 N2 - 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 . UR - https://jplsq.ut.ac.ir/article_85067.html L1 - https://jplsq.ut.ac.ir/article_85067_f31447887e0f21f4693901ee8b1f307f.pdf ER -