Legal Implications of Debris Removal: Clean Space One Under Investigation

Paper number

IAC-12,E7,7-B3.8,8,x16265

Author

Ms. Melissa K. Force, MK Force Consultants International, United States

Year

2012

Abstract

The Swiss Space Centre recently announced development of a new generation of satellites to remove debris from low-Earth orbit. The $11-million satellite, called Clean Space One, would rendezvous with a target, extend an arm to grab it and then draw it down into the atmosphere to burn up.   Traditionally, efforts aimed at solving the space debris problem have focused on mitigation efforts – that is, to reduce the amount of debris that spacecraft emit.  However, neither better conjunction analysis nor common debris mitigation measures address the root cause, the generation of untracked “shrapnel” in collisions between large debris objects. To make a real difference, large objects must be removed from crowded low Earth orbits.  Despite the noblest of mitigation efforts, the existing IADC guidelines fall short because they fail to address the need to remove the debris currently in existence and that which will inevitably be created.  Once a system, process, and rules are in place, satellite and launch operators should be able to call on a service, such as CleanSpace One, for the end-of-life removal of objects that cannot de-orbit themselves.
Aside from political and security implications stemming from their potential dual use as a weapon to either disable or de-orbit functioning space objects, there are legal issues surrounding space debris removal including ownership under international law, liability and export matters.  The International Interdisciplinary Congress on Space Debris Remediation recently recognized some of these problems in its November 2011 meeting.  One issue relates to the definition of an object as space debris and obtaining permission from the owner to remove it; none of the space treaties provide a workable definition. 
More troubling is the issue of liability, which is also not explicitly recognized under the current space treaties.  This paper proposes to analyze and discuss the unexpected liability scenarios produced by a state’s unilateral effort to remove from space or service its own space object.

Abstract document

IAC-12,E7,7-B3.8,8,x16265.brief.pdf

Manuscript document

IAC-12,E7,7-B3.8,8,x16265.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.