Legal Frameworks for Space Debris Mitigation: Examining State Practices and Treaty Obligations

摘要

Although it is easy to think of space as an unlimited resource, the situation is not absolutely true. The increasing presence of satellites are decreasing the 'space' in Space. It is not surprising that a tragedy of the commons has resulted, in the form of congested orbits. Frequently referred to as space debris, such debris objects pose a serious threat to other satellites in orbit. In fact, there have been quite a few documented episodes where debris have led to damaging functional satellites. Given the urgency of the situation, it is important to look at how the current regulatory regime can be used to manage and control this threat. These issues were identified ages ago but, legal regimes to address them are largely old and of limited value. Additionally, due to the peculiar legal arrangements that characterize space in both domestic and international law, solving this problem is not straightforward. Despite complications and lack of legal clarity, aspects of customary international law particularly as developed in the context of environmental law may help. Furthermore, soft law has also helped, but issues of international cooperation, national coordination and technological feasibility still remain. In this paper, the author describes the scope of the problem, delineates the key legal regimes while analysing their usefulness, throws light on evolution of soft law, and availability and applicability of technological innovations. It also addresses two fundamental issues of space debris management - (i) the responsibility States have under international law to mitigate their production of excess space debris and (b) the liability States have in the event that their debris causes damage to another State's assets. Following from this assessment, this paper analyses some of the proposed options to help mitigate the production and accumulation of space debris.