The Legal Framework for Space Debris Remediation as a Tool for Sustainability in Outer Space

Popova, Rada; Schaus, Volker

doi:10.3390/aerospace5020055

Cited by 18 publications

(7 citation statements)

References 19 publications

(15 reference statements)

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“…The application of environmental principles based on sustainability is crucial for preserving the outer space environment. [84] However, such principles should be efficient by ensuring the cost of compliance is affordable and to ensure they also implementable in different capacities, including management, legal, and technical. The Registration Convention emphasizes the need for states to implement comprehensive space objects registration, including their status and scope of operation which can assist in long-term sustainability through monitoring and identification by other states.'…”

Section: Discussionmentioning

confidence: 99%

Space Debris: A Basis for Actively Removing Objects Under an International Legal Order

Steele¹

2021

AJAE

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With over 500,000 objects in orbit, space pollution has now become a scientific, legal, and ethical issue and raises concerns on what the international community can do through existing 'hard law' and the development of 'soft law' to help tackle the problem. The purpose of this paper is to examine whether the application of the evolutionary principle of treaty interpretation to the Outer Space Treaty, enables for active removal of space debris in a manner consistent with space governance and which is acceptable to private corporations and States. Active Debris Removal (ADR) has only been used in specific circumstances which successfully removed an object. International law has hindered the process of mass removal of space debris, as objects cannot be removed without the consent of the relevant state. Therefore, this paper will consider whether customary international law and current state practice in analogous areas of international law, would allow or could develop to enable, the removal of an object from space without the need for consent of the launching state. Such an application will form a rigorous approach and introduction of space governance through an international multinational space agency approach for mutual agreement and cooperation without the need for an international treaty or political declaration. Such a principle, although not a new concept in areas such as international environmental law, would be new for international space law. However, as new and innovative activities are planned under the umbrella of the Outer Space Treaty, and by extension, general international law, it is wise to take a new and innovative approach to space law. Moreover, this paper aims at using maritime, environmental and international rules of responsibility to argue that the removal of objects in outer space does not need consent. This will be backed by an evolutionary approach to the interpretation of the Outer Space Treaty. This paper will make a unique and forward-looking legal and governance argument that will test not only the use of international law but also science, technology and political will.

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Section: Discussionmentioning

confidence: 99%

Space Debris: A Basis for Actively Removing Objects Under an International Legal Order

Steele¹

2021

AJAE

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“…Also, who will be responsible if there is any damage that occurred to a third party asset in space during an ADR mission? Because according to the Liability Convention article III, the state whose object was removed through ADR will be liable for such a damaged, not the entity who performed the ADR [124].…”

Section: Adr Related Legal Issuesmentioning

confidence: 99%

Orbital Debris Threat for Space Sustainability and Way Forward (Review Article)

Murtaza

Pirzada

et al. 2020

IEEE Access

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Over the past 60 years, satellite technology has demonstrated its usefulness successfully. However, this usefulness is at stake from a future point of view, due to the well-admitted orbital/space debris threat. This article thoroughly reviews all aspects of space debris issue including causes, amount and sizes of orbital debris, potential threats, counter-strategies with their latest status and related legal issues to highlight the criticality and urgency of the problem. This review elaborates the fact that despite all the worries and threats, the efforts to confront this challenge are considerably insufficient until today. This bitter reality demands for at-least curtailing the number of future launches to ensure the long-term sustainability of space, until the improvement in debris situation. However, contradictory to this necessity, large satellite constellations have been proposed that can drastically increase the existing orbital population in coming years. This approach will certainly not help in improving the space environment in the future; instead, it can worsen the space environment situation as recent studies shows. Also, space resources (i.e. orbital slots and frequencies) are limited to accommodate many more satellite projects from commercial and government organization in the future. So, there is a serious question of how the space industry can move forward to maintain a balance in controlling the future number of the satellite while accommodating many commercial or government space entities. This article also identifies two optimized approaches as a way forward for future satellite projects that can also enhance the effectiveness of space technology in the future.

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“…Space laws have been an integral part of laws and policies since the first aeronautical space shuttle was launched in 1957. The first flight of Sputnik and the subsequent 5,600 launches of artificial objects into space initiated the creation of a completely new branch of law, which is space law [1]. Effective international declarations, agreements, treaties, and conventions are an integral part of implementing space laws that are safe and beneficial to mankind [2].…”

Section: -Introductionmentioning

confidence: 99%

Space Law and Space Mining, Exploring New Horizons Amid COVID-19 Pandemic

Drobnik

Bimbilovski²,

Pathak³

2023

Emerg Sci J

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This study analyses the current scenario with COVID-19 affecting the international and Thai space law, and its impacts and corresponding repercussions upon the Thai economy, ASEAN region and then at international level. The methodology adopted for this study is a mixed method with qualitative research tools collected from key informant interviews and focus group discussions. The data analysis involves the Strength, Weakness, Opportunity, and Threat (SWOT) analysis, which has been integrated with Hierarchical Thematic areas to provide the supporting model for wholesome recommendations through analyzing the findings from the research. The key respondents involved several government officials associated with Thai space agencies and departments, along with judges, lawyers, researchers, academicians, non-government organizations (NGO) officials, and law students. The findings provided the need for adoption of Treaty leading to the creation of a space organization which would be accountable towards setting up a legal framework for commencement of space mining operations. The international space tribunal is to be created under this international space organization to resolve any disputes arising out of space mining. The overall implications of this research would lead to the sharing of the benefits of space mining with both developed and developing countries to enhance sustainable development for all mankind. Doi: 10.28991/ESJ-2023-SPER-09 Full Text: PDF

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The Legal Framework for Space Debris Remediation as a Tool for Sustainability in Outer Space

Cited by 18 publications

References 19 publications

Space Debris: A Basis for Actively Removing Objects Under an International Legal Order

Space Debris: A Basis for Actively Removing Objects Under an International Legal Order

Orbital Debris Threat for Space Sustainability and Way Forward (Review Article)

Space Law and Space Mining, Exploring New Horizons Amid COVID-19 Pandemic

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