Overcoming the danger of a single story of space actors: Introducing the Cosmopolitan Approaches to International Law (CAIL) Lens to Analyze Global Space Governance

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Abstract

Third World Approaches to International Law or TWAIL is a useful starting point to assess space governance issues from the perspective of emerging or aspirant space actors and users because it helps to highlight imbalances and asymmetry around the "legal right" to space benefit under Article I(1) of the Outer Space Treaty. However, a new analytical lens focused on Cosmopolitan Approaches to International Law or CAIL is proposed that can deconstruct the existing agenda in light of it obscuring the idea of shared benefits without attributing blame, scepticism or negativity. In the quest to ensure fairness to all, including aspirant emerging space actors, largely from developing States, this paper asks what does one learn from the space law context that prompts us to reorient the frame of analysis that Third World Approaches to International Law (TWAIL) perspective brings to bear and focus on a CAILian perspective? Primarily that a TWAILian approach is too one sided and polarized. A CAILian approach however acknowledges reciprocal responsibilities. In conclusion, I am not making a claim here that my CAILian concept has never been articulated before. However, the way I link the concept of Cosmopolitanism with a school of thought that I am sympathetic to (TWAIL) is where this paper provides a novel idea. My specific version of Cosmopolitanism bears in mind the importance of collective ideas. While CAIL will not be free from power asymmetry's because there will always be polarity; it still chooses to focus on the middle ground and not to focus on extremes.

Original languageEnglish (US)
Pages (from-to)15-23
Number of pages9
JournalSpace Policy
Volume35
DOIs
StatePublished - Feb 1 2016
Externally publishedYes

Fingerprint

international law
hazards
lenses
governance
Third World
cosmopolitanism
asymmetry
emerging
outer space treaty
space law
outer space
legal rights
International law
Governance
bears
treaty
fairness
polarity
responsibility
Law

Keywords

  • Benefit sharing
  • Developing countries
  • New approaches
  • Space governance
  • Space law

ASJC Scopus subject areas

  • Sociology and Political Science
  • Economics and Econometrics
  • Space and Planetary Science

Cite this

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abstract = "Third World Approaches to International Law or TWAIL is a useful starting point to assess space governance issues from the perspective of emerging or aspirant space actors and users because it helps to highlight imbalances and asymmetry around the {"}legal right{"} to space benefit under Article I(1) of the Outer Space Treaty. However, a new analytical lens focused on Cosmopolitan Approaches to International Law or CAIL is proposed that can deconstruct the existing agenda in light of it obscuring the idea of shared benefits without attributing blame, scepticism or negativity. In the quest to ensure fairness to all, including aspirant emerging space actors, largely from developing States, this paper asks what does one learn from the space law context that prompts us to reorient the frame of analysis that Third World Approaches to International Law (TWAIL) perspective brings to bear and focus on a CAILian perspective? Primarily that a TWAILian approach is too one sided and polarized. A CAILian approach however acknowledges reciprocal responsibilities. In conclusion, I am not making a claim here that my CAILian concept has never been articulated before. However, the way I link the concept of Cosmopolitanism with a school of thought that I am sympathetic to (TWAIL) is where this paper provides a novel idea. My specific version of Cosmopolitanism bears in mind the importance of collective ideas. While CAIL will not be free from power asymmetry's because there will always be polarity; it still chooses to focus on the middle ground and not to focus on extremes.",
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