This technical note summarizes and discusses briefly the extent to which some of the issues raised by space debris are dealt with in the current international, European, US, and UK legal framework. It continues by analysing some difficulties inherent in the legal regulation of space debris and comments briefly on measures now being considered to mitigate the problem more directly.
JasentuliyanaN.Space debris and international law. J. Space Law, 1998–1999, 26–27, 139–162.
2.
3.
The Annex to Resolution 5 of the Buenos Aires International Instrument on the Protection of the Environment from Damage Caused by Space Debris, adopted by the International Law Association took an important step forward towards an agreed definition. It states that, ‘man-made objects in outer space, other than active or otherwise useful satellites, where no change can reasonably be expected in these conditions in the foreseeable future.’ Cf. Bockstiegel, K.-H. The draft of the International Law Association for a convention on space debris. IISL Colloquium, 1995, 95-IISL. 2.03, pp. 69–77.
4.
5.
6.
7.
8.
9.
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968, 672 UNTS 119.
The COPUOS Guidelines were adopted by the Scientific and Technical Subcommittee at its 673rd meeting (A/AC. 105/890, annex IV) and endorsed by COPUOS at its 572nd meeting. See Report of the Committee on the Peaceful Uses of Outer Space, General Assembly, Official Records, 62nd Session, Supplement no. 20 (A/62/20).
14.
Space debris mitigation measures are required by the UK as part of the licence application to the UK licensing authority (the BNSC). In the US licensing process, space debris mitigation is required by the Federal Aviation Administration (see. 14 Code of Federal Regulations § 400 ff) and the Federal Communications Commission (see ‘Mitigation of Orbital Debris, Second Report and Order’, 2004 19 FCC Rcd 11567).
