Active debris removal: Potential legal barriers and possible ways forward

Abstract

The space environment is unique. Natural decay of debris therein is much slower than pollutants in other environments, so that removal is difficult and expensive. Despites the voluntary implementation of mitigation guidelines, the amount of debris has surged in the last two decades due to increase and diversification of space actors, and the continuing militarization of space. Active Debris Removal has thus become a promising responsive scenario. This article examines key legal barriers to the implementation of removal, such as the lack of legal definition of space debris, ambiguities surrounding the jurisdiction and control over space debris, liability for possible damages caused in removal, and implications for space arms control. It further proposes that more comprehensive registration of space objects, an international catalogue of space debris and an international fund for removal should be promoted. Also, international cooperation should be enhanced to cope with space debris, while space arms control should be strengthened.