State Accountability For Space Debris

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.

In the absence of formal treaty law, orbital debris has grown exponentially in our most valuable orbital regions. To address this problem, many major spacefaring programs have implemented independent laws and policies meant to mitigate the release and overall threat of debris. However, these individual efforts have not translated into a cohesive international set of regulations to address the growing debris problem. Fortunately, there may exist unappreciated similarities among major international programs, either in whole or part, that once identified could lay the groundwork for the recognition of customary international law. This book reviews a number of major programs in depth and seeks to answer if any commonality among them has likely established customary international law.

The book analyzes the various legal and political concepts to resolve the problem of the existing space debris in outer space and which measures have been taken to avoid space debris or to reduce potential space debris in the course of future space missions. From a scientific and technical point of view various studies are ongoing to analyze the feasibility of active debris removal. Nevertheless it has to be highlighted that outer space is an international area where various actors with different legal and political concepts are operating, a situation that leads to different approaches concerning such activities.

"This thesis assesses the current legal regime of State Responsibility in the exploration and use of outer space as it concerns space debris prevention. It argues that the proliferation of space debris is attributable to a lack of clarity in the current regime regarding the duty imposed on state and non-state actors for its prevention. It is contended that this concern must be addressed through regulation in order to be meaningful. In support, it interrogates the current status quo of state responsibility for the space activities of non-state entities and how this differs from state responsibility in international environmental law. The objective is to show that the vicarious responsibility of states for non-state actors under current international space law and the disharmony between international space law and environmental law reinforces irresponsible conduct in space activity. As a preventive measure, it advocates for a return to the jurisprudence on "Mankind" that was the basis of the Outer Space Treaty. It suggests that concern for "all mankind" can be used to impose a duty of due regard on all space actors. In this regard, it advances a case for collective responsibility of all space actors by recommending a "Protocol on Collective Responsibility in the Prevention of Space Debris" to be executed by all space actors as a mandatory mechanism to compel the pursuit of uniform space debris prevention measures. " --

"This book provides up-to-date knowledge of space debris and valuable insights on how to grapple with this issue from legal, technical, economical and societal aspects. I would strongly recommend that everyone who is working on space development and utilizations and even non-specialists once read this book and think over how human being should be faced with this issue." –Prof. Shinichi Nakasuka, University of Tokyo, Japan Space Debris Peril: Pathways to Opportunities takes readers through the wide spectrum of problems created by space debris – including technical, political, legal and socio-economical aspects – and suggests ways to mitigate its negative consequences and create new opportunities. With chapter contributions from authors at world-renowned universities, private or public entities, and research institutes active in the field of space debris mitigation, space policy and law, risk and resilience, liability and insurance, this book provides a comprehensive introduction to the subject helping the reader to grasp the whole picture of the current space debris remediation challenges. This book will be of interest to the scientific communities, policy makers, business developers, (re)insurers and international standards developers for space operations and orbital debris mitigation. Also, it should appeal to a broader audience among non-specialists in various sectors and the general public. Key features: Brings together interdisciplinary perspectives on the topic in one, cohesive book Chapter contributions from specialists in this interdisciplinary field from around the globe Up-to-date information with the latest developments

To guide future responses to the space debris problem, examines strategies for nine comparable problems: acid rain, U.S. commercial airline security, asbestos, chlorofluorocarbons, hazardous waste, oil spills, radon, spam, and U.S. border control.

Derelict satellites, equipment and other debris orbiting Earth (aka space junk) have been accumulating for many decades and could damage or even possibly destroy satellites and human spacecraft if they collide. During the past 50 years, various National Aeronautics and Space Administration (NASA) communities have contributed significantly to maturing meteoroid and orbital debris (MMOD) programs to their current state. Satellites have been redesigned to protect critical components from MMOD damage by moving critical components from exterior surfaces to deep inside a satellite's structure. Orbits are monitored and altered to minimize the risk of collision with tracked orbital debris. MMOD shielding added to the International Space Station (ISS) protects critical components and astronauts from potentially catastrophic damage that might result from smaller, untracked debris and meteoroid impacts. Limiting Future Collision Risk to Spacecraft: An Assessment of NASA's Meteoroid and Orbital Debris Program examines NASA's efforts to understand the meteoroid and orbital debris environment, identifies what NASA is and is not doing to mitigate the risks posed by this threat, and makes recommendations as to how they can improve their programs. While the report identified many positive aspects of NASA's MMOD programs and efforts including responsible use of resources, it recommends that the agency develop a formal strategic plan that provides the basis for prioritizing the allocation of funds and effort over various MMOD program needs. Other necessary steps include improvements in long-term modeling, better measurements, more regular updates of the debris environmental models, and other actions to better characterize the long-term evolution of the debris environment.