7 ways to combat Outer Space Debris

In the past decade the concept of “outer space debris” and been recognized and certain international documents have been drafted and implemented for the cessation and prevention of the same, however, despite the existing international documents, there is a need to revise and update the law pertaining to outer space debris, some recommendations regarding the same have been provided below-

1. The present international documents are either in the form of guidelines or are not binding on the member states, the need of the hour is to formulate a binding international treaty, non-adherence to which would extract penal penalties. The binding document should be comprehensive and must contain the meaning outer space debris which has a separate connotation from the term outer space objects. This is imperative to identify whether the states have the jurisdiction over the debris and of they can issue for the removal and the return of the same. Furthermore, the binding document shall also mention the permissible limit of outer space debris and instances in which the same is prohibited. Thus, the document shall contain the responsibility and liability of the states in this regard and the same can be drawn from the liability convention.
2. Collision due to the presence of outer space debris has been a major source of distress when dealing with outer space debris, therefore, there is a need to unify the international law on traffic rules in space. If there is a set route that the objects launched in space follow it would minimize the collision risk with both navigable and non-navigable objects. Thus, a globally unified traffic rule for outer space should be drafted and implemented.
3. In the recent times there has been an increase in the number of private players in the “outer space” which poses a problem of collision in outer space leading to debris as these private players are not a part of the registration convention under which the member states register their orbital jurisdiction and the past and present satellites if any. Thus, there is a need to update the registration mechanism to include the private players such as Space X as a party to the registration convention to set their orbital limits and avoid collisions.
4. The phrase prevention is better than cure has been applied in the international environmental law extensively though the implementation of precautionary principle. Essentially the principle bars the activities which might result in adversarial effects on the environment, this principle is a part of the customary international law[1]. However, precautionary principle is yet to be applied to the outer space. Deriving from the UN Convention on Law of Seas, precautionary principle can be applied to the outer space as well. Under the law of sea, sea is considered to a be a common heritage of mankind, like outer space and the prevention of the same is the responsibility of all the member states. Thus, there is a need to set a threshold for outer space debris violation of which will attract the precautionary principle. This shall be codified and shall be adhered by all the member states.
5. Apart from the precautionary principle there is also a need to introduce Environmental Impact Assessment in the realm of outer space, thus, before any project in relation to outer space is approved, the member state shall get the necessary approvals by an international body set up for the purpose of identifying and examining the risks associated with the projects.
6. Prevention and reduction of outer space debris only form the part of the problem, there is also a need to address the removal of outer space debris, for which there is a need to develop a removal regime. Under this regime, the past and present projects of the states shall be tracked to identify the amount of outer space debris and to ensure whether the states can claim the debris after removal, secondly the removal mechanism must be consensual, there shall be a uniformity in selecting the party which would carry out the removal process and lastly, the funding has to be provided by the state which has caused or is claiming the debris following the polluters pay principle.
7. At the domestic level, there is a need to draft and implement a statute specific to outer space as is done by countries like Japan and United Kingdom. At present India does provide for permissible level of effluents in the air or water but these levels are provided by the pollution control board which does not have the jurisdiction over outer space to regulate the debris. Therefore, to restrain India’s share of outer space debris, there is a need to set up an authority like pollution control board to provide permissible limits and grant permissions in relation to outer space.

See https://opil.ouplaw.com/display/10.1093/law:icgj/343itlos01.case.1/law-icgj-343itlos01