Ac105 C1 2013 Crp19e

A/AC.105/C.1/2013/CRP.
19
8 February 2013
English only
Committee on the Peaceful

Uses of Outer Space
Scientific and Technical Subcommittee
Fiftieth session
Vienna, 11-22 February 2013
Item 7 of the provisional agenda*
Space debris
National research on space debris, safety of space objects

with nuclear power sources on board and problems relating
to their collision with space debris
The present conference room paper contains a submission received by the
Secretariat from the International Institute of Space Law. The document is issued
without formal editing.
__________________
* A/AC.105/C.1/L.328.
V.13-80705 (E)
*1380705*
A/AC.105/C.1/2013/CRP.19
Input from the International Institute of Space Law

I. The facts
There are a growing number of debris pieces in all usable orbits around the Earth.
These range in size from obsolete whole satellites to minute pieces of debris.
Our current technology presently only allows us to track the approximately
25,000 pieces of debris that are 10 cm or larger.
The current amount of debris in space is acceptable — in the sense that it does not
unduly hinder current and planned space activities — but in an increasing way
negatively influences the ability to use these orbits around the Earth. If the
population of space debris continues to increase at a significant rate, it can be
anticipated that the use of outer space may be severely affected. Therefore, both
practical and legal action is necessary.
II. The legal situation

1. Current questions
Preliminary remark: One must clearly distinguish between legal provisions of a
rather preventive nature (i.e. those that prohibit certain actions) and provisions that
have a sanctioning character.
In total, one must distinguish four different perspectives, characterized by four
different questions:
1. Is there a duty for space debris mitigation?
2. Is there a duty to remove space debris?
3. Is there a duty to remediate space debris?
4. Is there an appropriate sanction is case of accidents caused by space debris?
2. Tentative answers
For these pertinent questions the international legal system has only tentative
answers. Those are sketched out in the following:
Ad 1: The legal regime for space debris mitigation is characterized by a number
of provisions of the outer space legislation (Arts. I, II, VI, VII, IX OST and 7 MA),
which may arguably be interpreted as also dealing with the problem. Moreover, the
non-legally binding Space Debris Mitigation Guidelines (annex to United Nations
Document A/62/20) are intended to directly address this problem. These Guidelines
were first drafted and adopted by a group of space agencies without an official
(United Nations) mandate, and were later endorsed by the United Nations
Committee on the Peaceful Uses of Outer Space and the United Nations General
Assembly. They basically ask for action by States to minimize the further increase
and production of space debris. Arguably this commitment has not yet achieved the
status of a legal obligation, and the Guidelines are clearly expressed to be
undertaken on a voluntary basis.
Ad 2: As concerns a duty to remove space debris, such duty can certainly not be
regarded as a part of international law. There is no concrete provision in the space
2 V.13-80705
A/AC.105/C.1/2013/CRP.19
legislation or in general international law that would require such removal. This is
particularly so because the bringing into orbit of pieces of space debris has thus far
not been considered as an illegal act. As is well known, in international law any
kind of liability for permitted actions is rather the exception than the rule. States,
however, may still remain “responsible” for the production of debris under the
circumstances contemplated by Article VI OST.
Ad 3: As to the existence of a duty to remediate space debris, one must state that
this depends on the status of the respective international law. So far, no specific duty
to that effect can be discovered. The Space Debris Mitigation Guidelines as
endorsed by the United Nations General Assembly (referred to above) do not
contain such an international legal obligation. At this stage, any kind of remediation
measure is a purely voluntary action of States.
Ad 4: As to the appropriate reaction (sanction) of international law, there are a
number of reasons why the existing international liability legal regime as contained
in Article VII of the Outer Space Treaty and in the Liability Convention cannot
really address the problem of space debris. These stem not only from the limited
definitions of concepts such as “damage” and “space object” in the Liability
Convention, but also more practical reasons related to the necessity to attribute any
given damage to a certain space object in order to be able to identify the responsible
launching State and hold it liable. In case of very small pieces of space debris, such
identification would in most cases be hardly possible. Therefore, fundamental
doubts can be raised as concerns the efficiency of the current legal rules with regard
to space debris.
III. Conclusion
Space debris is a growing danger, particularly for the usable and used parts of outer
space.
With regard to the legal regime, there is an emerging obligation, which may acquire
customary quality in the near future, to mitigate space debris. Any obligation,
however, relating to its remediation does not yet exist. Moreover, international
liability law for human space activities does not yet extend to any kind of liability
for dangers based on space debris. So far, no explicit space law on this issue exists.
In 1978, the Soviet nuclear powered satellite COSMOS 945 went down in the
Northwest Territories of Canada. The amount claimed by Canada was not fully paid
by the Soviet Union. However, the Soviet Union in principle accepted a certain
responsibility with regard to these actions. Whether this can be regarded as a
precedent in international law with regard to space debris is, however, rather
doubtful.
Therefore, one must be rather careful with regard to the attribution of legal
obligations on the thus far permitted production of space debris. It seems to be an
important task for the future to formulate further principles — one suggestion is that
a “due diligence” obligation be expressly included — that make any dangerous use
of space objects subject to an appropriate liability regime based on the Space Debris
Mitigation Guidelines and the Liability Convention respectively.
V.13-80705 3

Ac105 C1 2013 Crp19e

Uploaded by

Copyright:

Available Formats

Ac105 C1 2013 Crp19e

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Ac105 C1 2013 Crp19e

Uploaded by

Copyright:

Available Formats

A/AC.105/C.1/2013/CRP.

Committee on the Peaceful

National research on space debris, safety of space objects

Input from the International Institute of Space Law

II. The legal situation

You might also like