A Potential Legal Basis for Harvesting Orbital Debris Without the Owner’s Prior Consent

George Anthony Long (2022), JBIS, 75, pp. 245-248

Refcode: 2022.75.245

DOI: n/a

Abstract:

Outer Space Treaty Article VIII is construed as prohibiting the salvage of orbital debris as it expressly provides perpetual ownership of a space object and its component parts. Pursuant to Article VIII, ownership of a space object and its component parts is “unaffected by their presence in outer space or on a celestial body or by their return to Earth.” This concept impedes orbital debris removal as it is construed as requiring a third party to obtain the debris owner’s prior consent as a prerequisite for touching the space junk. This legal obstacle necessitates an analysis of the space law treaty regime which will allow orbital debris removal without the owner’s prior consent. Accordingly, Rescue Agreement Article 5 can be read and interpreted as providing a potential legal avenue for a third party harvesting orbital debris without obtaining the owner’s prior consent.

Keywords: Debris, Rescue Agreement, Debris removal, Consent, Space junk, Space object