Application of the principle of common but differentiated responsibility and respective capabilities to the passive mitigation and active removal of space debris

Abstract

Unlike the concept of “common but differentiated responsibility” (CBDR), the concept of common but differentiated responsibility and respective capabilities (CBDR-RC) is a principle that emphasizes that the differentiated responsibilities of countries are dynamic, based on their respective dynamic capabilities and circumstances. It comprises the principles of “common responsibility” and “differentiated responsibility and respective capabilities” and has been rooted in the greenhouse gas context in the field of atmosphere. The shared common-pool character of the atmosphere and the Earth's orbital environments, combined with the similarities between the space debris and greenhouse gas contexts indicates that the principle of CBDR-RC likewise can be applied to distribute the responsibilities of different countries in the passive mitigation and active removal of space debris. However, the differences between these two contexts will lead to the categorization of countries and the application of the CBDR-RC regime in these two contexts. This article argues that, in the space debris mitigation context, while countries should bear specific responsibilities based on their financial and technical capabilities, all spacefaring nations should bear a common responsibility to contribute to the mitigation of future space debris, and for this purpose, the advanced spacefaring nations should provide technical assistance to the developing spacefaring countries to enhance their capability in, at least, the areas of design, manufacture, operation, and disposal of space objects. In the context of the active removal of space debris, all spacefaring actors should be responsible for the environmental protection of outer space, and thus should contribute to the active removal of the existing in-orbit space debris. It would be advisable to establish a legal regime to authorize the private sector to carry out the clean-up operation, because of the dual-use character of the active removal technology, while also requiring all spacefaring countries and international organizations that have space objects to contribute to an international trust fund to support the active removal operation. An international space debris removal entity should be established to provide intermediary services in the active removal process.