Active Debris Removal – Policy and Legal Feasibility

Josef Koller, Tyler Way, (2022), JBIS, 75, pp. 238-244

Refcode: 2022.75.238

DOI: n/a

Over the last few decades, the complexity of space operations has grown, the number of commercial entrants into the space economy has increased, and the amount of space debris has inflated to a degree that threatens space operations and often requires satellites to maneuver to avoid collisions. Such maneuvers are becoming more common in certain orbital regimes. Preventing the creation of new debris is one way to preserve the space operational environment;1 removing debris is another. Yet viable options for Active Debris Removal (ADR) remain elusive due, in part, to technical, economic, and legal challenges. Without diminishing the technical and economic challenges of ADR, this paper focuses on the legal questions associated with ADR which are often described as seemingly insurmountable. Our proposed framework aims to resolve these legal questions by applying a simple, bottom-up approach based on mutual consent, regulatory approval, and contractual agreements between participants. Our approach contrasts against the often-discussed comprehensive approach that promotes multilateral agreements and the establishment of international institutions as a necessary means. Recognizing that building a comprehensive, international framework is fraught with challenges, our framework instead centers not on what is difficult, but on what is achievable: (1) removing debris involving only one nation or (2) removing debris where the service provider and the debris owner share the same interests and recognize the need for active debris removal. Further, this framework offers an initial first step towards establishing that active debris removal is indeed legally feasible, leading the way to eventually building more comprehensive debris removal agreements between states at a future time.

Keywords: Active debris removal, Policy, Space traffic management