Rules Regarding Space Debris: Preventing a Tragedy of the Commons

Paper number

IAC-07-E6.3.03

Author

Ms. Kelly Gable, Schnader Harrison Segal & Lewis LLP, United States

Year

2007

Abstract

Outer space, the last global commons, rapidly is becoming choked with space debris.  If rules are not imposed, a “tragedy of the commons” will ensue, as all parties race to and rapidly deplete the resources of the commons, rendering it unfit for any use.  We have seen this happen with respect to the high seas being over-fished and polluted, the ozone layer being depleted and land being over-developed such that ecosystems are destroyed.  Already, without effective constraints, the commons of outer space have been used as a repository for a continually-growing number of pieces of space debris.     
First, this paper examines the efficacy of the legal constraints already in place that might prevent a tragedy of the commons caused by space debris, such as the Outer Space Treaty, the Liability Convention, the Registration Convention, the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, and the Principles Relevant to the Use of Nuclear Power Sources In Outer Space.  Next, this paper examines the potential efficacy of a set of international legal rules specific to space debris.  Finally, this paper discusses some of the major elements that must be included in this set of international legal rules governing space debris in order for them to be most effective.
This paper concludes that the existing legal constraints are insufficient to prevent a tragedy of the commons of outer space due to space debris.  There is a very real possibility that, if rules are not made governing space debris, yet another tragedy of the commons will ensue, and outer space will be a barren, junk-filled wasteland.  Rules must be agreed to and enforced, so that this tragedy might be prevented and so that science and exploration might flourish.  

Abstract document

IAC-07-E6.3.03.pdf

Manuscript document

IAC-07-E6.3.03.pdf (🔒 authorized access only).

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