1. Ward Munters, doctoral researcher Prof. Dr. Jan Wouters, Director
The Road Not Yet Taken for Defusing Potential Conflicts in Active Debris Removal: a Multilateral Organization
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW
Institute of Air & Space Law, McGill University
27-28 May 2016
Session 3
Leuven Centre for Global Governance Studies (GGS), KU Leuven
Institute for International Law, KU Leuven
Ward Munters, doctoral researcher
Prof. Dr. Jan Wouters, Director

2. Obstacles to Active Debris Removal (ADR)
Gaps and other legal difficulties in international space law
Legal definition of space debris; space debris as a ‘space object’
Jurisdiction and Control / Ownership (art. VIII OST)
Liability and original ‘launching States’
Registration of debris fragments and identification
Deadlocks in political forums
UN: COPUOS / Conference on Disarmament (CD)
Calls for prior binding legal instruments on ADR
Progress on Draft Guidelines for Long-term Sustainability?
Economic and technological challenges
Risks inherent to new technologies
No immediate economic benefit? (ADR<->OOS) (LEO<->GEO)
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016

3. Active Debris Removal Organization (ADRO)
Proposals in literature and policy documents
Why an ADRO? (non-exhaustive)
Operate under legal status quo / accomodate legal gaps
Bypass procedural deadlocks through practical cooperation
Incorporate consensus positions
Transparency, reciprocity, mutual benefit
Ex facto sequitur lex: future legislation from collective experience
Strengthen the rule of law
How?
Early intergovernmental INTELSAT model?
Element of public service
Public-Private-Partnership (PPP)
Increase private stakeholder participation
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016

4. Security and ADR
Dialogue on space activities increasingly ‘securitized’
Evident dual-use aspects of a new technology
States are nervous
Draft Guidelines on ADR?
Predominant focus on identification, exclusive jurisdiction & control, prior authorization
Potential for misunderstandings, lack of trust and confidence
Race in arms or counter-space capabilities
Detrimental to stability
Rendezvous & proximity operations (RPO)
ADR & On-Orbit Servicing (OOS)
Stated interest by commercial actors to implement OOS
PROBLEM: likely to become routine in the future
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016

5. Security and ADRO? (1)
“Submerging procedural deadlocks in collective measures”
Space debris affects all space actors
Increase buy-in from objectors through technological cooperation
Emerging spacefaring States
Mutual benefit: from zero-sum to win-win
Positive measure instead of reducing States’ freedom of action
‘Desecuritize’ debris and ADR
ADRO: explicit environmental and civilian mandate
Shared acquaintance with novel technology and other aspects
Contribute to making ADR and OOS routine
Lessons from INTELSAT (telecom) and ISS (human spaceflight)
With a view to a post-ISS era
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016

6. Security and ADRO? (2) Collective ADR protocol
Avoid politicized use of mathematical models
Avoid strategic calculus for removal decisions
Risk to own assets / risk to foreign assets
Self-defense / state of necessity?
Unilateral removal of foreign entity’s satellite
High political tensions and risk of conflict
Public service: emergency procedures / reduce probability of collisions
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016

7. Security and ADRO? (3)
An enduring Trust and Confidence-Building Measure (TCBM)
Enduring platform for practical engagement and operational cooperation
Increased mandate for IADC?
Element of transparency   military-industrial complexes
Information sharing, standardization, harmonization
Multinational personnel and relationships
Codes of behavior (IAEA)?
Civilian cooperation leads to military-to-military confidence building
ADRO as a ‘stepping stone’?
Leverage knowledge, goodwill and reciprocity
Can be temporary
Contribute to increased cooperation in other crucial areas
Global Space Situational Awareness (SSA)
Space Traffic Management (STM)
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016

8. Questions? Thank you for your time
If all the possibilities opened up by outer space exploration are to be used in a responsible manner, the conduct of States in regard to outer space must be submitted to the rule of law.
~MANFRED LACHS
Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016