Debris Mitigation as a Component of Space Traffic Management Legal Aspects

1. Debris Mitigation as a Component of Space Traffic ManagementLegal Aspects Melissa K. Force, B.S. Ch.E., J.D., L.L.M

2. Outer Space Treaty Article I: Outer space shall be free for exploration and use by all States without discrimination of any kind… Article VI: States shall bear international responsibility for national activities in outer space whether such activities are carried on by governmental agencies or by non-governmental entities Article IX, 2nd sentence: States shall pursue studies of outer space and conduct exploration of them so as to avoid their harmful contamination and …, where necessary, shall adopt appropriate measures for this purpose.

3. Liability Convention Article I: The term “damage” means loss of life, personal injury or impairment of health; or loss of or damage to property …; The term “space object” includes component parts of a space object as well as its launch vehicle and parts thereof. Article II: A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the Earth or to aircraft in flight. Article III: In the event of damage caused elsewhere than on the surface of the Earth to a space object …by a space object of another launching State, the latter shall be liable only if the damage is due to its fault….

4. Registration Convention Article II: The launching State shall register the space object in an appropriate registry which it shall maintain. Each launching State shall inform the UN of the establishment of a registry… The contents of each registry and the conditions under which it is maintained shall be determined by the State of registry concerned. Article IV: Each State of registry shall furnish to the UN, as soon as practicable, the following information concerning each space object carried on its registry: Name of launching State; an appropriate designator or its registration number; etc. … Each State shall notify the UN, to the greatest extent feasible and as soon as practicable of space objects concerning which it has previously transmitted information, and which no longer are in orbit. Article V: Whenever a space object launched into Earth orbit or beyond is marked with the designator …the State of registry shall notify the UN of this fact when submitting the information ….

5. Debris Mitigation Guidelines • IADC Space Debris Mitigation Guidelines adopted by consensus 2002, describing existing practices • Limit debris released during normal operations • Minimize potential for on-orbit break-ups • Post-mission disposal • Prevention of on-orbit collisions • UN COPUOS STSC 2007 Space Debris Mitigation Guidelines • Political v. Technical • State level v. Agency-level • Universal applicability v. Space-faring nations • Reference v. Genuine flexibility

6. 1996 Space Benefits Declaration • International cooperation in the exploration and use of outer space for peaceful purposes shall be conducted in accordance with the provisions of international law, … for the benefit and in the interest of all States, irrespective of their degree of economic, social or scientific and technological development, and shall be the province of all mankind. Particular account should be taken of the needs of developing countries. • 2. States are free to determine all aspects of their participation in international cooperation in the exploration and use of outer space on an equitable and mutually acceptable basis. …

7. Thank you!