Overview of the legal and policy challenges of orbital debris removal

Much attention has been paid recently to the issue of removing human-generated space debris from Earth orbit, especially following conclusions reached by both NASA and ESA that mitigating debris is not sufficient, that debris-on-debris and debris-on-active-satellite collisions will continue to generate new debris even without additional launches, and that some sort of active debris removal (ADR) is needed. Several techniques for ADR are technically plausible enough to merit further research and eventually operational testing. However, all ADR technologies present significant legal and policy challenges which will need to be addressed for debris removal to become viable. This paper summarizes the most promising techniques for removing space debris in both LEO and GEO, including electrodynamic tethers and ground- and space-based lasers. It then discusses several of the legal and policy challenges posed, including: lack of separate legal definitions for functional operational spacecraft and non-functional space debris; lack of international consensus on which types of space debris objects should be removed; sovereignty issues related to who is legally authorized to remove pieces of space debris; the need for transparency and confidence-building measures to reduce misperceptions of ADR as anti-satellite weapons; and intellectual property rights and liability with regard to ADR operations. Significant work on these issues must take place in parallel to the technical research and development of ADR techniques, and debris removal needs to be done in an environment of international collaboration and cooperation.