The Right to (Anticipatory) Self-Defence in Outer Space to Reduce Space Debris

Abstract

Active debris removal is currently being widely discussed, because the simple mitigation of the creation of new space debris is no longer sufficient to guarantee the sustainable use of outer space. However, these discussions have encountered various difficulties due to the fact that the authors of the specialized UN space treaties, at the time of their drafting, did not take into consideration the many potential consequences of increased space activities, such as the problem of space debris, among others. The lack of clarity on how to handle this problem concerns not only the definition of space debris, but also the ways and means to address it, including the rights and obligations of involved operators. In this setting, the EU initiative for an International Code of Conduct for Outer Space Activities is to be highlighted as an attempt at clarity in this domain, especially as it envisages the possibility of using the right of self-defence to avoid the creation of space debris. This right must be assessed in the context of existing international norms, such as the provisions of the UN Charter on the notion of self-defence. Its application in the frame of active space debris removal is being questioned by some Member States, and Russia is currently advocating holding a debate on self-defence in UNCOPUOS. Discussions and initiatives in the UN First Committee must also be taken into account as these are also seeking security and safety in outer space by examining the aspect of self-defence.