Московский журнал международного права (Jul 2024)

Theoretical Basis of International Legal Aspect of “Space Debris” Removal

  • A. M. Oreshenkov

DOI
https://doi.org/10.24833/0869-0049-2024-2-46-64
Journal volume & issue
Vol. 0, no. 2
pp. 46 – 64

Abstract

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INTRODUCTION. The article examines the issue of such a widespread concept in the practice of communication on international “space” platforms as “space debris”, in particular, what, from the point of view of the norms of international space law, represents this word combination, introduced into international circulation in the 70‒90s of the last century when discussing the problem of contamination created by it in near-Earth space.MATERIALS AND METHODS. The material for the study are treaties of international space law, the Vienna Convention on the Law of Treaties 1969, resolutions of the UN General Assembly, reports of the UN Committee on the Peaceful Uses of Outer Space, as well as its Legal, and Scientific and Technical Subcommittees, statements of some delegations at their sessions, works of Russian and foreign scientists, materials of international structures, in particular the Inter-Agency Space Debris Coordination Committee, US regulations. Carrying out a comparative analysis of normative and other documents of the named structures, as well as some provisions of international treaties (taking into account their conceptual, vocabulary and terminological content), the author uses the general scientific method of cognition.RESEARCH RESULTS. The current increased interest to the issue of “space debris” active removal has revealed the need to clarify the international legal basis for the emergence and use of this concept for further possible practical and international legal actions aimed at solving problems associated with such removal. It’s noted the lack of uniformity in the use of terms and word combinations on the issues under study, are considered definitions for “space debris” developed without due regard to the applicable norms of international space law, and are given regulatory explanations to the status of documents adopted in this area by various international structures and organizations.DISCUSSION AND CONCLUSIONS. Assessing the current situation in matters of near-Earth space contamination, it can be noted that the issue of active removal of “space debris” should be resolved in the context of ensuring safe access to space, which is an integral part of the triune problem of space traffic management, the regulation of which is becoming an urgent problem and requires the development of a generally accepted legally binding international treaty.

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