Space debris is a prominent topic in the world of outer space security and sustainability. After 57 years of launching space objects into orbit starting with Sputnik-1, the proliferation of derelict satellites, fragments from collisions and explosions and other remnants of man's activity in space have created a serious concern that needs to be addressed in the short term. The methods to address space debris include mitigation to prevent further contamination and removal of debris currently threatening space activities in Earth orbit.
Legal and political considerations underlie the issue of orbital space debris, and in some cases those issues are equally if not more onerous than the technical challenges surrounding its removal.
The most prominent issue surrounding cleanup of orbital space debris rests with the fact that under international space law, space objects such as nonfunctioning satellites still belong to the country or countries that launched them. Even though a satellite may not be functioning, this does not mean that it has been abandoned, and without consent from the owner, it cannot be disposed of or otherwise interfered with. This is further complicated by the fact that international space law deems fragments and components from space objects as individual space objects in and of themselves, which would require identification to determine the owner and either individual or blanket consent to remove it from orbit.
Ancillary to ownership are issues dealing with licensing and compliance with International Traffic in Arms Regulations (ITAR). Methodologies to de-orbit intact derelict satellites may include the use of mechanisms that will rendezvous, attach and physically move the derelict from a stable orbit to either a graveyard orbit where it will not interfere with other space objects or into a less stable orbit that would ensure the destruction of the derelict within a short period of time. This methodology of space debris removal requires an intimate knowledge of the spacecraft so that an effort to de-orbit it would not result in fragmentation and the creation of additional space debris.
Disclosure of sufficient technical details regarding the derelict spacecraft would implicate intellectual property, including confidential and proprietary technical information as well as patents. Licensing agreements between the owners and former operators of the derelict satellites would have to be negotiated, as would confidentiality and nondisclosure agreements to protect the rights of the owners. Furthermore, ITAR issues could arise if a derelict satellite registered to the United States is slated for removal by a methodology operated by a foreign government, especially if exporting of spacecraft-related technical data outside the United States is involved. Before such exporting and subsequent satellite disposal could take place, licenses or other waivers would be required to address issues that might arise from ITAR.
Any discussion of legal issues would not be complete without noting the issue of liability. Removal of space debris will presumably be carried out by governmental organizations and nongovernmental organizations (NGOs), either exclusively or concurrently. Removal of space debris is not without risk, and regardless of whether NGOs or governmental organizations are performing the activity, international space law requires that the country under whose jurisdiction they fall retain the responsibility for their activities. Complicit with that responsibility under international law is liability for any damages caused in the course of the removal, either through accidents that cause further space debris contamination or actions that result in the damage or the inadvertent loss of space objects not marked for disposal. Governmental organizations and particularly NGOs may be faced with substantial comprehensive insurance expenses to cover potential liability. They would also face legal expenses arising out of patent infringement and other actions, including claims for injunctive and declaratory relief that may arise during the course of removal activities.
Political issues surrounding space debris removal are another impediment equal to or greater in scope to those presented in the legal arena. The majority of space objects in orbit are the result of the space activities of the United States, the Russian Federation and its predecessor, the Soviet Union, as well as the People's Republic of China. A substantial subset of those space objects consists of satellites that were involved in military or national security activities. The nations to whom those satellites belong will be reluctant to allow foreign governments or even NGOs to interact with or dispose of these satellites out of concern that vital national security technology might fall into the hands of foreign intelligence agencies. This concern also extends to fragments of space objects once involved in national security activities, including space debris from anti-satellite tests such as the Istrebitel Sputnik co-orbital system tested by the former Soviet Union and the remnants of the direct-ascent test by the People's Republic of China against its aging weather satellite FY-1C.
Political difficulties may also extend to the hardware and methodologies used to remove space debris from orbit because they may be construed to have the potential dual use as a weapon to either disable or de-orbit functioning space objects. Development and use of technology and methodologies may proceed without the intent of using them for harmful purposes; however, political and diplomatic posturing by other space faring nations and non-space faring nations alike could brand space debris removal efforts as a guise for more threatening activities simply because the potential exists for the technology and methodologies to be used in a manner inconsistent with their true purpose.
The legal issues and political issues surrounding space debris removal are significant and must be addressed before the technology and methodologies of space debris removal activities can be implemented. However, ignoring these issues will not make the problem of space debris go away, and thus work to address them should begin in earnest so that the space debris can be dealt with proactively and not as the result of an incident occurring because of it.
