Navigating The Orbital Minefield: Legal Perspectives On Space Debris Governance And Liability In International Space Law

Devashi Puri, B.A. LL.B. (Hons.), School of Law, Christ (Deemed to be University)

ABSTRACT

The evolution of space exploration initiated a global conversation about the governance of space as the common heritage of mankind. The proliferation of space activities, stemming from the Space Race and subsequent international agreements, has led to the accumulation of space debris in Earth's orbit. This debris, comprising defunct satellites, discarded rocket stages, and various fragments, poses a growing threat to future space endeavours due to collision risks and environmental concerns.

This abstract delves into the legal landscape governing space debris, examining international treaties and agreements such as the Outer Space Treaty and the Liability Convention. Despite these foundational frameworks, there remains ambiguity in defining and addressing space debris, prompting challenges in assigning responsibility and establishing liability.

Case studies, including the Skylab Incident and recent events involving space debris re-entry, highlight the environmental and safety hazards posed by uncontrolled debris. The failure to create mandatory international standards for debris mitigation and liability enforcement further complicates addressing the issue.

The paper underscores the critical need for a more comprehensive legal framework that addresses not only the creation of space debris but also the obligation to mitigate and manage its re-entry. The complexity of international space law, as illustrated by various incidents, necessitates a more stringent and binding approach to manage space debris, ensuring the sustainability of space activities and preserving the global commons for future generations.

Keywords: Space Law, Mitigation, Space Debris, Environment, International Law.