Legal & Regulatory Perspectives for Protecting the Space Environment from Debris Space Debris Plenary Panel 34th AIAA International Communications Satellite Systems Conference (ICSSC) Dr. Olga Stelmakh Postdoctoral Fellow in Space Governance McGill Institute of Air and Space Law

What do we imply when talking about space debris? Space debris, also known as orbital debris, are all man-made objects, including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional. [credits: Key Definitions of the IADC] Orbital debris are listed as a very first “1.1” indicator of condition of the space environment, its security and sustainability. [credits: Space Security Index]

Key criteria of space debris man-made located in Earth orbit or re-entering the atmosphere non-functional

Two main categories of non-functional man-made objects Spacecraft orbiting object designed to perform a specific function or mission; the guidelines draw a clear distinction between those spacecrafts that are considered functional and non-functional. A spacecraft that can no longer fulfil its intended mission is considered non-functional if only it is not in reserve or standby modes awaiting possible reactivation. Launch vehicle orbital stages stages of a launch vehicle left in Earth orbit; it is evident that such stages can be treated as non-functional since they have already terminated their mission when deploying the spacecraft.

SPACE DEBRIS: Where is the problem?

One-way action (Earth-space) Space environment could be compared to a basket to which numerous balls are thrown by different players in an uncoordinated way. Every space actor is playing its own game according to private interests. At a certain point the basket will be full and therefore unable to store further balls. Same as a limited in size basket, the economically viable, in terms of space services, orbital capacities and slots are also rare and limited. One-way action (Earth-space)

Who HAS to remove space debris? And who WILL remove? Operator? Owner? State? … WILL Operator? Owner? State? Jointly O+S? PPP? … How can we oblige someone to remove the object? Is there any legally binding obligation to remove non-functional space object? Are there any enforcement mechanisms?

Why do we need to ensure the sustainability of space environment ? Satellite orbits - limited natural resources which are increasingly in demand. (ITU) Any activity that takes place in outer space should be performed while recognizing the unique nature of the protected LEO and Geosynchronous regions of outer space, to ensure their future safe and sustainable use. These regions should be protected regions with regard to the generation of space debris. (IADC)

Space Debris – Threat to: Space Environment Space Objects Satellite Services Human in Space

Space Treaties Outer Space Treaty Registration Convention (to authorize and continuously supervise) Registration Convention (to register the object) Liability Convention (to be liable in case of damage)

Compendium of space debris mitigation standards / UN OOSA / Part 1: National mechanisms Part 2: International mechanisms European Code of Conduct for Space Debris Mitigation ESA Space Debris Mitigation for Agency Projects IADC Space Debris Mitigation Guidelines Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space ITU Recommendation ITU-R S.1003.2

Comparison of the IADC and UN COPUOS space debris mitigation guidelines IADC Guidelines UN COPUOS Guidelines 5. Mitigation measures 5.1 Limit Debris Released during Normal Operations 5.2 Minimise the Potential for On-Orbit Break-ups 5.2.1 Minimise the potential for post mission break-ups resulting from stored energy 5.2.2 Minimise the potential for break-ups during operational phases 5.2.3 Avoidance of intentional destruction and other harmful activities 5.3 Post Mission Disposal 5.4 Prevention of On-Orbit Collisions Guideline 1. Limit debris released during normal operations Guideline 2. Minimise the potential break-ups during operational phases Guideline 3. Limit the probability of accidental collisions in orbit Guideline 4. Avoid intentional destruction and other harmful activities Guideline 5. Minimise potential for post-mission break- ups resulting resulted from stored energy Guideline 6. Limit the long-term presence of spacecraft and LV orbital stages in the LEO region after the end of their mission Guideline 7. Limit the long-term interference of spacecraft and LV orbital stages with the GEO region after the end of their mission

Transparency and confidence-building measures Outer Space Treaty, 1967 To inform; to cooperate; to hold consultations; to observe the launch Report of the Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities, 2013 To inform; to notify for the purposes of risk reduction; to exchange information; to coordinate DRAFT International Code of Conduct for Outer Space Activities, 2014 To refrain from any action which brings about, directly or indirectly, damage, or destruction; to minimize the risk of collision; to notify UN COPUOS Guidelines for the Long-Term Sustainability of Outer Space Activities, 2016 (12 principles approved as of today) To improve accuracy of orbital data on space objects and enhance the practice and utility of sharing orbital information on space objects; to promote the collection, sharing and dissemination of space debris monitoring information; to investigate and consider new measures to manage the space debris population in the long term

to peacefully remove space debris from orbit Rationale We are allowed to : Monitor and track space debris Attempt to avoid the collisions Remove only those debris that belong to us We are not entitled to : remove space debris which parts permit (through registration and designation) to identify the affiliation of the object Not all countries launching space objects to space possess technologies / expertise / willingness / budget to peacefully remove space debris from orbit

Building blocks of a debris – “free” environment Prevention / Mitigation Active Debris Removal On-Orbit Servicing

Why do we need clear ADR rules? Right of free access to space No mandatory obligation to remove the space object from orbit and preserve space environment No enforcement mechanisms for implementation of any space debris mitigation guidelines The space debris mitigation guidelines are not enough differentiated and do not take into consideration the new trends

When thinking of ADR, what questions arise Who decides about expediency of applying the ADR / what is the legal nature of such decision / its criteria? Jurisdiction and property rights over the object to be removed / what is the difference between the launching states and state of registry? What should be the level of transparency of ADR activities? Can be classified as dual-use / how to make sure that it falls under the legal scope and is not treated as armed conflicts in outer space? Licensing of ADR activities / who can authorize such activities and how to coordinate with potentially affected countries (whose objects in orbit are at risk)? Responsibility and liability regimes / agreements to be concluded / who should be the parties to the agreements?

Open items for ADR Implementation No appropriate international legal framework No international acceptance and recognition No real cases / precedents (only anti-satellite practices)

Large constellations of small satellites Examples: OneWeb satellite constellation SpaceX satellite constellation Problems: No differentiated space debris mitigation regime for small satellites No requirement to register a constellation of satellites as one constellation

Challenges In the context of space activities the success is primarily associated with a successful launch and not with a removal of space debris Absence of the standard for a responsible launch service provider and operator There is no legally enshrined definition of what stands for space debris Regulation of space debris is non-comprehensive and of non-binding nature Legal scope does not reflect all technical developments that focus on space debris removal Strong legal relationship between the space object (also the non-operational) and the launching state (that keeps jurisdiction, control, ownership) Absence of the supervisory and coordinating authority for launches Space debris is a global concern that require an international cooperative action There is no joint funding mechanism for executing the cleaning function of space environment Several concurrent legal initiatives of non-binding nature (either guidelines, or code of conduct … or simply the working documents)

Open items Free access to space of present and future generations … how it could be secured taking into account the increasing space debris concern? How to bring all states to a certain level of responsibility? Whether the coordinating mechanism of launches is needed? (pre-launch and not a post-launch notification, international scheduling of launches and authorization provision) Prior authorization is needed for most of the high-risk activities, including transport activities. Do we need to establish the same with regard to space activities? How to impose on states the obligation to remove their space debris if the voluntary rules fail to be efficient? How to bring the legal efforts in line with technical developments? Do we need to establish a cooperative effort (technology/expertise/budget) for space debris removal ?

Suggestions We should move towards elaboration and adoption of the legally binding document that for mid-run could be a thematic treaty (or part of the treaty focused on the secure space environment) and for long- run – the constituent part of the comprehensive outer space convention; The existing international law allows only the launching state or operator to touch the objects placed in orbit, therefore most of the space programs on the active space debris removal are for the time being illegal; Space debris mitigation is a common concern and therefore a shared responsibility of all States; it is not feasible to address this issue with efforts of only few space-faring countries; Solving this problem now is also a part of commitment with regard to the inherent rights and interests of future generations to access and use the outer space. The supervisory / coordinating authority might be needed to authorize the activities, coordinate the traffic in space and removal of space debris. This authority will require a mandate from states as well as conferred to it competencies.

Thank you for your attention