Space debris has been an issue since 1957, when Sputnik was launched into orbit. Its rocket body from the launch is considered the first item of space debris in human history. In 2007, Chinese weather satellite Fengyun-1-C was up for destruction and while the destruction was successful, it raised the amount of space debris by 25%.
The current legal framework that deals with space debris consists of the Space Debris Mitigation Guidelines (Inter-Agency Space Debris Coordination 2002) and United Nations guidelines (62/117, 2007). There is currently no United Nations treaty that deals with the problem of space debris.
The current guidelines state:
- Limit debris released during nominal operations
- Minimize potential for breakups during operational phases
- Limit the probability of accidental collisions in orbit
- Avoid intentional destruction and other harmful activities
- Minimise potential for postmission breakups
- Limit long-term presence of spacecraft
There are two conventions from the 1970s, the 1972 liability convention which states that the launching state or agents are at fault (are liable), and the 1974 registration convention which states that all space objects must be registered.
The challenge comes from the fact that the laws are soft and undefined, hard to enforce and focused on the state, not the private sector. The main rule is "refrain from harmfully contaminating outer space", but it's hard to say what that actually means.
The paper proposes the creation of a binding international legal instrument that aims for standardisation, adherence to the Registration Convention and creates sort of "traffic rules" for space. The paper also suggest considering space as a part of enviroment, therefore as a subject to environmental law. As a common heritage of mankind, space must be under the same protection and follow similar ideas – including the precautionary principles (being careful and cautious), polluter-pays principle (the one causing the damage will also pay for fixing it) and the need for environmental impact assessments before developments.
It is clear that space debris poses a threat, but the current legal regime is incapable to handle the issue. Existing efforts should be unified, standardised and all harming agents held accountable.
Source: New Space.Mar 2021.63-71.http://doi.org/10.1089/space.2020.0047