Legal Aspects of Novel Alternatives to Address Space Debris Remediation

Book excerpt: "The decades of human activity in outer space have a cost: so-called 'space debris'. Simply put, this is the littering of outer space with leftover vehicles, satellites, rockets and such like, once their useful life has come to an end. The increasing quantity of space debris within the usable orbits around planet Earth is no longer a merely hypothetical problem consigned to academic discussion. Today, space debris within the orbital space around Earth poses a constant threat to current and future missions, as well as to the highly valuable space assets, such as the International Space Station and satellites, upon which we depend every day (for such systems as GPS, air traffic control, etc.). This ongoing and continuous abuse of the somewhat limited orbital sphere around Earth to serve national interests for predominantly short-term gain jeopardizes not only the 'environmental equilibrium' but also the security of all space assets. This abuse also has consequences for legal certainty. Efforts to mitigate the adverse effects of space debris have been, and are being, made. These have, however, so far proved to be insufficient for reversing or even controlling the long-term consequences that have resulted and can and will result. That said, certain programs, such as Active Debris Removal and On-Orbit Satellite Servicing, have sought to develop novel solutions to address the adverse effects of human activity in space, and these have shown promising potential to lessen the amount of space debris caused by this activity. The fact that the current legal framework of space law does not provide for international collaborative efforts to reduce space debris has two primary consequences. First, the efforts to remove space debris and to develop ways to reduce the impact of human activity in outer space are not apportioned between the participant countries in a fair and equitable way that is proportionate to such countries' share of overall space activity. Secondly, there is no overarching, accountable body that has jurisdiction over activities in outer space (let alone over remedial action to combat the problem of space debris), leading to a severe lack of legal certainty and completely inadequate legal controls. Not only is there a need to update the current legal framework, but there is also a necessity and, frankly, an obligation to create an all-party (that is, all countries presently active in space and contemplating future action in space) legally binding framework to regulate the remediation efforts to remove and reduce space debris. This would not only ensure the long-term sustainability of outer space activities, but would also maintain international peace and security.This thesis examines the alternatives being developed to create viable legal solutions, to compensate for the existing legal gap and provide the necessary clarity and accountability, so that remediation operations to combat the increasing problem of space debris can begin as soon as possible. With the increased interest in space, particularly space tourism, the need to tackle this problem head-on and quickly has never been more important." --