Legal Aspects Space Debris Remediation

International space law is composed of five United Nations space treaties that lay the foundations for space exploration and use by humans. However, in an effort to prevent technology from outdating the treaties in a sector where technology and law are closely interlinked, the language of the treaties is general and widely formulated. The subsequent instruments that have evolved space law, have been soft-law in nature, mostly United Nations General Assembly Resolutions focusing on a specific application of space law or re-interpreting the terms from the space treaties.  So far no such instrument addresses the legal aspects of space debris remediation. Therefore, the proposed work and subsequent Resolution of the proposed Committee will contribute significantly to the development of international law by gathering all relevant aspects of ADR and analysing the legal aspects of this growing and important sector. 

Space Debris remediation is becoming an increasingly important topic on a national as well as international sphere. With space activities growing at an exponential and previously unprecedented pace, experts are evaluating that space debris mitigation, even at 100% compliance, will no longer be sufficient to ensure long-term sustainability of outer space, its activities and the accessibility of Earth orbits. Considering that satellite applications are incorporated into crucial Earth infrastructure, have been declared by the United Nations as essential to sustainability on Earth and are being used daily by millions of user worldwide, ranging from banking systems, stock markets, global transport services, health services, State defence and disaster management, loss of accessibility to Earth orbits and a stop to satellite services would endanger the modern way of life with possible apocalyptic consequences.  Space sustainability is therefore regularly discussed at United Nations as well as national level. Space debris remediation is being pursued by governmental and commercial actors in a race for technology, however, an examination of the international legal framework will be crucial in enabling the wide and rapid utilisation of these technologies. 

Proposed outcomes will seek to address the concerns of the international community regarding use of ADR technologies such as questions of State jurisdiction or liability involving third-party objects, including dual use aspects, or concerns regarding the evolution of private ADR industry and authorisation of its activities. The Resolution produced in the end will endeavour to present viable proposals and solutions that 1) international and national legislator will be able to implement and 2) will lend much needed transparency to ADR activities, making the endeavour more a) internationally accepted way of maintaining a sustainable space environment and b) making the nascent ADR industry attractive to investors, who are presently discouraged from investing due to a lack of legal certainty and transparency in the sector.