Space activity is accelerating, with countries launching more rockets, satellites, and spacecraft than ever before. This increasing amount of space debris creates problems for current legal systems that need to establish accountability. Meaning when space junk crashes to Earth, who is responsible, and how can they be held liable?
The legal definition of “space debris”which was provided by UN Committee on the Peaceful Uses of Outer Space (COPUOS) remains vague and unaccepted to almost all nations that have signed in. They define space debris as non-functional, man-made objects in Earth orbit or re-entering the atmosphere.
The definition of space objects holds significance because it determines which entities become responsible under the 1972 Convention on International Liability for Damage Caused by Space Objects. It establishes “absolute liability” which creates a responsibility for launching states to pay damages even when they have not been negligent.
However, enforcing these legal principles proves difficult. Dispute resolution often relies on diplomatic negotiations, which can result in lengthy settlements that fail to cover actual costs. Furthermore, uncertainties regarding long-term liability and the ability to trace debris to its source complicate enforcement.
The Need for Regulatory Reform
The fast-growing satellite mega-constellation networks make the problem worse because they increase the probability of uncontrolled reentry events. Multiple reforms need to be implemented to solve these issues.
The COPUOS needs to create mandatory worldwide regulations that establish controlled reentry requirements together with consequences for non-compliant actions. Launch licenses must include spcae debris mitigation strategies. Disposal rules, enforced through sanctions or launch bans, should require controlled reentries or movement to graveyard orbits.
Secondly, improved tracking systems and sustainable space practices, including debris-neutral technologies and reusable rockets, are vital. Thirdly, the 1972 Liability Convention needs modernization to include an independent international tribunal that would have binding enforcement capabilities.
Without urgent regulatory clarity and enforcement, uncontrolled reentries will become more frequent, leaving affected communities vulnerable. Global cooperation and enforceable rules are crucial to ensure space remains a safe and sustainable environment.
Reference- The Verge, The Guardian, The Hindu