INTRODUCTION
As humans step further into space, space debris, or so-called “space junk,” is becoming a pressing issue. Space debris includes dead satellites, used and exhausted rocket boosters, and particles originating from satellite breakups, collisions, and explosions. These remnants remain a threat to currently functional satellites, the ISS, or any new missions that may be planned in the future. There has never been more urgency to have proper space debris regulation acts in place.
The recent commercial liberation of the space industry has seen many parties launch satellites within a concise span. These inventions present manifold advantages while at the same time increasing the problem of space debris. New satellites and launch vehicles add to the competitive and crowded environment in the lower portion of our planet’s orbit.
Furthermore, the speed at which objects move in space is also fast, thus even tiny particles can pose hazards to running space vehicles. A high relative velocity impact with an object as small as a few centimetres across can incapacitate a satellite and generate more debris, raising the chances of more collisions. This sequence of collisions and debris production is called Kessler Syndrome, and it refers to a situation in which specific orbits become unavailable for use and may pose a major risk for space activities.
THE GROWING THREAT OF SPACE DEBRIS
Since the launch of Sputnik 1 in 1957, the number of man-made objects has increased steadily in orbit. As per the European Space Agency (ESA), there are over 34,000 constituents of space junk ranging above 10 cm in size, over 900,000 between 1 cm and 10 cm, and up to 128 million smaller than 1cm orbiting Earth.
The space debris problem attains such magnitude that these statistics indicate the urgent need for effective management and mitigation strategy.
Since the small debris they contain can come racing along at speeds of 7 to 8 kilometres per second in Low Earth Orbit (LEO), even the smallest fragments of debris can cause serious damage. An impact with a fragment that small can disable a satellite or spacecraft, producing more debris in doing so.
Several high-profile incidents have illustrated the dangers posed by space debris:
- Fengyun-1C (2007): The Fengyun 1C weather satellite, destroyed by China’s anti-satellite test, produced more than 3,000 trackable pieces of debris. This single event increased the amount of debris in LEO considerably.
- Iridium-Cosmos Collision (2009): The collision between the operational Iridium 33 satellite and the defunct Russian Cosmos 2251 satellite created more than 2,000 bits of debris and underlines how uncontrolled objects in space can pose a risk.
- ISS Debris Avoidance Manoeuvres: Debris avoidance manoeuvres are performed continually as per its tracked debris whenever the International Space Station (ISS) explores the path it will take. Although these manoeuvres are necessary for crew safety, they interfere with scientific experiments and operational schedules.
CURRENT REGULATORY FRAMEWORK
Key regulatory frameworks and agreements that take into account international collaboration regarding space junk include:
- The Outer Space Treaty (1967): This wooden phylactery is the first document, signed by over 100 states, outlining the basic principles for the exploitation and exploration of outer space. It is emphasised that exploration of outer space should be for good intentions and that it is nations’ responsibility for national space activities, even if they’re carried out by private companies.
- The Liability Convention (1972): It is agreed that countries will be responsible for the harm caused by Space junk under their control, in whole or in part by them, or by anyone else for whose acts they shall be responsible, including damage caused by collisions. This points to responsible space operations.
- The Space Debris Mitigation Guidelines (2002): These guidelines, issued by the Inter-Agency Space Debris Coordination Committee (IADC) are technical recommendations regarding the minimization of the creation of space debris during the design, operation, and disposal of space objects. Although hardly binding, these guidelines were widely adopted and incorporated into national regulations.
NATIONAL EFFORTS AND CHALLENGES
National legislation and policies are being formulated globally in countries around the world to tackle the space debris problem. Commercial satellite operations over the United States are regulated by the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) respectively for launches.
Under their licensing process, satellite operators must follow the FCC’s guidance for space debris mitigation. Just like launch vehicles, the FAA is ensuring that launch vehicles practise debris mitigation. They have helped reduce the creation of space debris and set a safe means for satellites at the end of their lifespan to come to the end of their operational lives.
There’s the European Space Agency’s (ESA) Clean Space program, which promotes sustainable satellite and rocket design, green technologies and active debris removal missions.By abating the impact of space activities on the environment, and fostering technologies for capturing and deorbiting large debris objects, this initiative represents the EU’s vision for long-term space sustainability. According to the China National Space Administration (CNSA), China’s national regulations follow international guidelines on mitigating space debris as well. China has been increasingly active on space debris issues in international forums and is working with other countries to share information and best practices on that front, demonstrating its attitude that space use is a responsibility, not just a right.
However, there remain several challenges. With more private companies and new space-faring nations, however, it is difficult to ensure the required compliance with space debris mitigation guidelines. It is essential to effective enforcement mechanisms. Because developing and deploying the debris removal technologies can be expensive, technological and cost challenges also pose hurdles. Consequently, international coordination is important: separate regulations can impede collective action, which is why policy harmonisation at the global scale, as well as more regional collaboration between space-faring countries, is important.
FUTURE DIRECTIONS
One key measure to reduce the danger of space debris is to uphold international accords and implement binding regulations along with a robust mechanism of enforcement. It can help to improve compliance and accountability by spacefaring nations to and with private entities. To create a more coordinated approach to space debris management, we can enhance these treaties and make sure universally are adopted.
There is also a point in promoting technological innovation. Space debris risks can be reduced by investment and incentive to the development of debris tracking systems, collision avoidance technologies, and active debris removal methods. Further, encouraging the use of sustainable satellite designs will help to mitigate the creation of more new debris, making space operations safer and more efficient.
New legal considerations should appear alongside advances in technologies for debris removal and tracking. For example, the use of autonomous tracking systems can be problematic because they also involve the use of private or government satellites to gather data, unless data collection issues are addressed through privacy and security. After all, it raises questions. Similarly, active debris removal technologies bring liability issues: What happens if debris removal efforts unintentionally cause damage? Regulatory frameworks addressing these legal implications will be critical to supporting innovation as well as protecting the interests of all space-faring entities.
CONCLUSION
With efforts in and around space expeditions, maintaining orbital responsibility through good space debris regulations is essential. Strengthening international agreements, promoting technological innovation, encouraging responsible behaviour, and creating a space traffic management system are steps we can take to navigate the problem of space debris and secure a responsible future in space. The path to safer, more responsible space operations is a global effort with innovation and a united willingness to protect this ultimate not-so-final frontier for successive generations. It is important to promote a culture of accountability and responsibility in space operations. Nations and private companies in the global space-faring community must begin fostering an ethos where their actions in orbit have consequences on other nations and private companies as well as the collective future of space exploration. A unified approach to the laws that would support this cultural shift is critical to cementing space solutions that have long-term viability.
Ultimately, space debris must be managed as a single legal and regulatory issue. The international community can use both policy harmonisation and incentivizing support for responsible behaviour by private entities, with enforcement of binding agreements, to maintain orbital responsibility. Beyond technological challenges, space long-term sustainability is both a legal challenge and will need a commitment from all the players in the space industry from the national governments to the private companies for a safer future for space exploration and use.
Author(s) Name: Shubhani Mishra (Maharashtra National Law University, Nagpur)
