State Responsibility and Need of International Legal Consensus for Debris-Free Environment

Paper number

IAC-07-E6.3.06

Author

Mr. Sethu Nandakumar Menon, University of Paris XI, France

Coauthor

Mr. V. Gopala Krishnan, Indian Space Research Organisation (ISRO), India

Year

2007

Abstract

In the last two decades, the global space activities have increased manifold resulting in numerous benefits for humankind through various space-based applications, but at the same time resulting in some undesired menace to outer-space Environment. Space debris is the front-runner of space-menace caused by active players mostly because of the lack of concern to their international responsibility. This paper will look into the issue of Space Debris, its status according to International treaties and issues surrounding its existence and will urge for an internationally acceptable legal framework by addressing certain important constituent elements, to control and mitigate the threat. 

This paper will first address the definitional aspects of the term 'Space Debris' in relation to the current space treaties, as there exists no proper definition. Hence, the supplementary sources such as, the reports and guidelines issued by Scientific and Technical Sub-committee of COPOUS, Inter-Agency Space Debris Coordination Committee, ILA Space Debris Report, National Space Debris mitigation standards etc are looked into to gather the exact meaning of space debris. In Furtherance to the guidelines and standards, the paper will be scrutinizing the main space treaties to bring-out the status of Space debris and to show the prevailing inadequacies to mitigate this menace. 

Further on, this paper will look into the responsibility aspect of contributing to the creation of Space Debris. In the same line, the paper will try to distinguish the difference between deliberate creation of Space Debris and accidental creation of Space Debris. Even though, a clear-cut international responsibility is absent at the moment, the paper will infer it from the supplementary sources such as the International instrument on the Protection of the Environment from damage caused by Space Debris, the Convention on the prohibition of military or any other hostile use of environmental modification techniques adopted by ILA, the Draft articles on Responsibility of States for internationally wrongful acts adopted by ILA etc.  

Finally the paper will scrutinize the pertinent need for an international consensus and the need of an international Treaty/Convention, which would help to define and make way for a multi-party workforce to reduce and decrease the threat caused by Space Debris. In this regard, some possible elements that could constitute such a legal framework are articulated.

Abstract document

IAC-07-E6.3.06.pdf

Manuscript document

IAC-07-E6.3.06.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.