Advanced Space Law (Dec 2022)

Space Debris: Legal Status and Liability Regime

  • Anna Danylenko,
  • Maksym Sokiran,
  • Serhii Batishchev,
  • Kateryna Slabko

DOI
https://doi.org/10.29202/asl/10/1
Journal volume & issue
Vol. 10
pp. 4 – 13

Abstract

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Due to the fact that the active world exploration of outer space has both positive and negative consequences, the search for effective mechanisms to overcome the negative human impact from the implementation of space activities is now relevant, in particular, the destruction of a huge amount of space debris is important. This study aims to find an answer to the question: how is the legal status of space debris determined at the international level, as well as what is the legal status of the Inter-Agency Space Debris Coordination Committee? The search for an answer to this question is implemented by analyzing scientific opinions, international documents, norms of national legislation of Ukraine and certain US legislative provisions. The basis for its implementation was the use of such methods of scientific activity as thematic and content analysis, collation and comparison, with the help of which the author’s definition of the legal status of “space debris” was provided and its features were highlighted. The analysis of existing international legal acts showed the absence of international norms and mechanisms that would fully protect against damage that can be caused to life, property or the environment from space debris, because the adopted norms and developed mechanisms are optional for implementation and are designed for the “good will” of participants in space activities. An effective solution to this global problem is possible only through international cooperation. However, the available scientific data and the current state of technology do not allow us to expect that a broad international agreement can be adopted in the near future that would comprehensively and effectively regulate aspects of space debris management.

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