Space Debris: Legal Challenges Toward a Sustainable Space Environment

Abstract

The launch of Sputnik-1, the first artificial satellite, on October 4, 1957, was an important turning point in the history of human civilization. It triggered significant political, military, technological, and scientific advancements. It also laid the foundation of bitter contemptuous competition between the United States and former Soviet Union for supremacy in the exploration of space. But with the passing of time, the traditional space race paradigm evolved with new players, including private spaceflight entities, giving rise to a modern “New Space Race” characterized by diverse participants and broader objectives. These activities accelerate space exploration and the launching of more satellites, which generates the problem of space debris, causing significant threats to the sustainability of outer space. The risk of collision of debris in earth orbit has been escalating catastrophically, leading to a chain reaction of breaking it, known as Kessler Syndrome. The development of the Antisatellite technology and China’s test on the FY-1C weather satellite substantially adds fuel to the fire, increasing the risk of debris. This article addressed the following research question: How well does the current international legal regime respond to space debris, and what binding reforms are needed for sustainability? It evaluates relevant legal challenges through doctrinal analysis of treaties, state practice, and comparative lessons from environmental and ultimately arms control regimes, and proposes actionable, enforceable legal solutions.