International Liability and Responsibility in the Context of Space Debris Removal

摘要

Space debris is posing an increasing risk to the conduct of space activities. Therefore, technologies for the active removal of space debris are currently under development in order to enhance the sustainability and safety of space activities in the long term. However, the use of debris removal technologies raises several issues of international law. Two of the main concerns in this regard are the liability for possible damage caused during space debris removal operations and the responsibility of states for debris removal activities. The paper analyses the existing international regulatory framework relating to responsibility and liability in the context of space debris removal and assess whether and where additional regulation might be needed. The analysis shows that the existing legal framework can provide a regulatory basis for the conduct of space debris removal activities. However, uncertainties concerning the meaning and scope of the existing international legal provisions with regard to their application to debris removal activities could in practice hamper an efficient and comprehensive implementation of these provisions by space actors. Therefore, additional international regulation that specifically addresses the active removal of space debris could enhance the safe and sustainable conduct of debris removal operations in the future. Recent developments regarding the safety and sustainability of space activities give rise to hope that heightened awareness of the importance of the safe and sustainable use of outer space in the long term will lead to increased international cooperation in this regard that could also include the removal of space debris.