International Law of Outer Space Research Paper

In the current global climate, with technology developing at the fastest rate than ever, space is
the next frontier for humans to conquer. In their conquest to do so, humans have predictably
polluted space. Now, one of the biggest contributors to that is orbital space debris. Space
debris can be caused due to multiple reasons, from space objects exploding in space due to
excess energy or fuel or crashes between two space objects due to poor traffic management.
Space debris can be extremely dangerous, especially for the exiting satellites in space, as
even tiny nail-sized debris, moving faster than the speed of a bullet, can penetrate the
satellites and render them obsolete, which results in further junk. It can also significantly
decrease the chances of success in new space missions as space debris is nearly impossible to
track. In such an environment, it is becoming increasingly necessary for global stakeholders
to address the issue of orbital space debris. Now, the international space legal regime is made
up of mainly five international treaties, multiple UN General Assembly resolutions, and
various multi and bilateral as well as regional treaties, which form its essence.

The most crucial international treaty is the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial
Bodies, October 10, 1967 (the Outer Space Treaty). The Outer Space Treaty, however, does
not directly deal with the problem of orbital space debris but creates provisions for collecting
and salvaging the orbital debris.1 Specifically, Article VI of the treaty states, “States party to
this treaty shall bear international responsibility for national activities in outer space.” 2
Similarly, Article VII also gives rise to liability of the States for the damage that may be
caused by the objects which are launched into outer space. 3 However, the treaty does not
actively promote the collection and salvaging of orbital space debris, but at the same time
does not create any legal obstacles the same. Another piece of international legislation which
may minutely deal with the issue of orbital debris is the Convention on International Liability
for Damage Caused by Space Objects, September 1, 1972 (the Liability Convention). The
primary purpose of the Liability Convention is to impose international liability on States for

1
Jinia Kundu & Parichita Chowdhury, 'Orbital Debris: Legal Remedies and International State Liability' (2017)
8 Indian JL & Just 153
2
D. Perry Rihl II., 'Cleaning up the Mess: Incentivizing the Salvage of Orbital Debris' (2019) 10 Geo Mason J
Int'l Com L 68
3
David Enrico Reibel, 'Environmental Regulation of Space Activity: The Case of Orbital Debris' (1991) 10 Stan
Envtl L J 97
damage caused by their space objects. 4 In short, the Liability Convention established a sense
of liability based on ownership for each state. However, a significant roadblock in the
efficient implementation of the Liability Convention is the issue of identifying the owner. 5 A
State can be held liable for the damage caused by the space object only when concrete ties
between the salvaged object and the State can be established. 6 This condition makes
recovering and collecting space debris even more crucial as it will be the only source of
evidence tying the State to the debris caused by their space activity. The Convention on
Registration of Objects Launched into Outer Space, September 15, 1976 (the Registration
Convention) is another international legal instrument that has the potential to address the
pressing issue of orbital space debris but only to a certain extent. Like the Liability
Convention, the Registration Convention establishes perpetual ownership with respect to
space objects.7 The Convention makes the registration of space objects with all their
markings and designs with the UN. The purpose of this activity is to aid in the identification
of space objects so as to establish liability in case of a mishap.8

One can conclude from observing the existing laws that the legal regime is not equipped to
deal with the issue of orbital space debris. The legal regime only deals with space objects
which cause damage or harm or enter into the territory of another country after they have
landed or crashed onto the surface of the planet.9 The treaties and conventions do not address
the current issue of space debris in the lower orbit of the earth and do not provide for any
provisions to discourage the creation of new space debris. The Outer Space Treaty, which is
the primary document directing the outer space legal regime, is highly generic, which makes
it difficult to address the issue of orbital space debris, which inherently is a complex issue. 10
The Treaty does not provide the States with specific directions with respect to the issue at
hand and leaves the interpretation of the provisions to the State itself. Under the Treaty, there
is a need to create a proper and detailed method or principles to not only address the existing
problem of space debris but also provide the States with preventative options so as to avoid
the problem of contamination of space altogether. Existing guidelines, such as the United
4
Pamela L. Meredith, 'Legal Implementation of Orbital Debris Mitigation Measures: A Survey of Options and
Approaches' (1991) 6 Am U J Int'l L & Pol'y 203
5
Lawrence D. Roberts, 'Addressing the Problem of Orbital Space Debris: Combining International Regulatory
and Liability Regimes' (1992) 15 B C Int'l & Comp L Rev 51
6
Agatha Akers, 'To Infinity and beyond: Orbital Space Debris and How to Clean It Up' (2012) 33 U La Verne L
Rev 285
7
Jan Helge Mey, 'Space Debris Remediation' (2012) 61 ZLW 251
8
Paul B. Larsen, 'Solving the Space Debris Crisis' (2018) 83 J Air L & Com 475
9
Edwin Kisiel, ‘LAW AS AN INSTRUMENT TO SOLVE THE ORBITAL DEBRIS PROBLE’ (2021) 51(1)
LCLS 223
10
ibid
Nations Committee on the Peaceful Uses of Outer Space, which was set up in 2010, contain
certain principles that are aimed at reducing and discouraging the creation of further space
debris. These principles are voluntary and non-binding, making their implementation sub-par
at best.11 The States often fail to recognise the long-term technological and environmental
impact of space debris. Therefore, making these principles binding in line with the Liability
Convention has the potential to reduce the creation of further space debris. Space traffic
management is another area of space regulation that can address the issue of orbital space
debris. Other than space debris collection, there is an incessant need to avoid the creation of
space debris in the first space. With effective space traffic management rules and regulations,
the space object which is launched into space can be tracked, and their movements can be
predicted.12 In doing so, crashes between two space objects can be avoided, which would
significantly reduce the creation of space debris. Organisations such as the Inter-Agency
Space Debris Coordination Committee (IADC) can also aid in the development of a legal
space regime with respect to orbital space debris. 13 Provided that the committee only
addresses the technical issues and aspects of space debris collection, these organisations can
provide a deep insight into the reality of the situation. International organisations can receive
accurate and sound technical knowledge and background with respect to space debris which
would aid in the creation and implementation of more effective rules and regulations
regarding orbital space debris.

It is clear that the current legal regime with respect to space is incapable of addressing the
issue of orbital space debris. Significant changes and additions to the current legal regime are
required if one wants to continue exploring space. In addition, there is a need to create an
environment where all stakeholders, developing and developed nations, can have a
conversation regarding the imminent problems with respect to space exploration. Space as a
resource should be exploited in a manner which does not destroy its essence and in a way that
it continues to be available for future generations.

11
Pamela L. Meredith, 'Legal Implementation of Orbital Debris Mitigation Measures: A Survey of Options and
Approaches' (1991) 6 Am U J Int'l L & Pol'y 203
12
Lawrence D. Roberts, 'Addressing the Problem of Orbital Space Debris: Combining International Regulatory
and Liability Regimes' (1992) 15 B C Int'l & Comp L Rev 51
13
Agatha Akers, 'To Infinity and beyond: Orbital Space Debris and How to Clean It Up' (2012) 33 U La Verne
L Rev 285