L14 - Space Debris and International Law

Question 1

General principles applicable to space debris

Answer 1

• Definition – lacking! No legal definition of space debris and no custom BUT definition of space object includes any component parts ∴ covers debris
• Information and consultation
o OST Art IX respect interests of all states, cooperate in case of harmful interference
o 1975 registration convention
• Art II National register of what is in space
• Art III & IV International register w/UN (except military sats)
• Art VI Cooperation to identify space objects origin
• Liability –
o 1972 Liability convention
• Art II launching state liable for damage caused in outer space
• Art III launching state liable for damage caused on earth/in air

Question 2

Special rules applicable to space debris

Answer 2

• NPS principles – nuclear power sources
o 1992 UN Principles
o Minimize quantity and risks involved – follow guidelines and criteria for safe use
o Notification of re-entry
o Consultations, assistance to states
o Non-binding but customary, no precedent
• ITU principles
o Environmental protection of GEO including satellite removal at end of life

Question 3

Rules to be implemented

Answer 3

• Space debris mitigation guidelines
o Interagency Debris Committee – adopts guidelines
• To exchange info on space debris research, opps for cooperation in research, identify mitigation options
• Limit debris released, minimize potential for on-orbit break-ups, post mission disposal, prevention of on-orbit collision
o COPUOUS endorses guidelines
o UNGA
• Limit debris, minimize break-up potential during ops, limit collisions, avoid intentional destruction, limit long-term presence
o Customary value to these rules? Maybe, as USA, Europe, and Japan follow them
• Space Traffic Management – technical and regulatory provisions for promoting safe access into outer space, operations, and re-entry BUT no specific legal framework
• PAROS conference on disarmament to prevent arms race in outer space, no anti-satellite testing