Out of sight, out of mind? The proliferation of space debris and international law

Abstract

AbstractThe quantity of man-made space objects, ranging from abandoned launch vehicle stages to fragmentation debris, is remarkable. At the time, the drafters of the Outer Space Treaty did not (and perhaps could not) anticipate how great the problem of debris in outer space would one day become. As a result, they only drafted general provisions for the protection of the space environment which are generally deemed insufficient. This article aims to demonstrate that both general rules of international law and the UNCOPUOS Debris Mitigation Guidelines come to the rescue in addressing the space debris issue as they complement and complete the general obligations contained in the Outer Space Treaty. Particular attention is paid to anti-satellite weapon tests, which have catastrophic consequences in terms of creating debris but nonetheless continue to be carried out. Finally, it ascertains whether an obligation on states to actively remove their space debris exists.