Exploring New Approaches and Solutions to the Orbital Space Debris Problem

Pelton, Joseph N.

doi:10.1007/978-3-319-17151-7_3

Cited by 2 publications

(10 citation statements)

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“…73 This proposition is further supported by the fact that there is "no apparent legal basis" in the five UN Treaties on Outer Space expressly allowing the transfer of registration of-and thus jurisdiction and control over-a space object from one state to another during its operation in orbit. 74 Consequently, in the absence of any mechanism under present space law regimes to transfer jurisdiction, control or liability of a space object, 75 a state by merely renouncing its rights of ownership "is not released from those obligations which rest upon it as the result of launching the object or from the further consequences thereof." 76 At the end of the day, a literal reading of Article VIII seemingly suggests that a space object is theoretically incapable of being abandoned to become a res nullius because it, in theory, permanently remains the property of the State of registry.…”

Section: The Traditional View: Absolute or Exclusive Nature Of Jurisdmentioning

confidence: 99%

“…Some authors suggest exempting space debris from such 'protection' by space law. 75 This approach could raise serious security issues concerning space weaponization. A series of unilateral removal operations could transform the threat of weaponization of outer space into a reality.…”

Section: Final Conclusionmentioning

confidence: 99%

“…It can be inferred from Article I and Article IX of the Outer Space Treaty that the 74 Eugene Levin, Jerome Pearson, Joseph Carroll, 'Wholesale Debris Removal From Leo' (2012) 73 Acta Astronautica 100. 75 "it has been suggested already several decades ago that the principles concerning jurisdiction and control of Article VIII of the OST balanced with those of Article IX regarding states' obligation to conduct their activities in outer space with due regard to the corresponding interests of other states would result in a qualified right to de-orbit inactive satellites" Lotta Viikari, The Environmental Element in Space Law, Assessing the Present and Charting the Future (n.3) at 82.…”

Section: Final Conclusionmentioning

confidence: 99%

“…Those new principles should complement existing rules and initiatives and "should address the full range of space activities and related challenges such as space debris, space traffic management, collision avoidance and prevention of an arms race in outer space and should hence serve long term goals: to increase international cooperation in space, to commit mutually to debris mitigation and to non-interference in the peaceful exploration and use of outer space, to facilitate an equitable access to outer space and increase transparency in the conduct of space activities." 75 For the EU, this new non-legally binding instrument is a tool to achieve greater security and safety, and space debris is specifically mentioned.…”

Section: Proposals For Multilateral Non-legally Binding Instruments Omentioning

confidence: 99%

“…Munitions List, in which spacecraft and associated systems are included in Category XV. 75 Performing ADR of a U.S. satellite or a satellite of another country that has U.S. components or technology on board falls squarely within the definition of "export" under the ITARs, 69 Id. 70 UN Doc.…”

Section: Jurisdiction and Controlmentioning

confidence: 99%

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Space Security and Legal Aspects of Active Debris Removal

Froehlich¹

2019

Studies in Space Policy

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The use of outer space is of growing strategic and technological relevance. The development of robotic exploration to distant planets and bodies across the solar system, as well as pioneering human space exploration in earth orbit and of the moon, paved the way for ambitious long-term space exploration. Today, space exploration goes far beyond a merely technological endeavour, as its further development will have a tremendous social, cultural and economic impact. Space activities are entering an era in which contributions of the humanities-history, philosophy, anthropology-, the arts, and the social sciences-political science, economics, law-will become crucial for the future of space exploration. Space policy thus will gain in visibility and relevance. The series Studies in Space Policy shall become the European reference compilation edited by the leading institute in the field, the European Space Policy Institute. It will contain both monographs and collections dealing with their subjects in a transdisciplinary way.

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Section: The Traditional View: Absolute or Exclusive Nature Of Jurisdmentioning

confidence: 99%

Section: Final Conclusionmentioning

confidence: 99%

Section: Final Conclusionmentioning

confidence: 99%

Section: Proposals For Multilateral Non-legally Binding Instruments Omentioning

confidence: 99%

Section: Jurisdiction and Controlmentioning

confidence: 99%

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Space Security and Legal Aspects of Active Debris Removal

Froehlich¹

2019

Studies in Space Policy

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Introduction to the Small Satellite Revolution and Its Many Implications

Pelton¹,

Madry²

2020

Handbook of Small Satellites

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This chapter provides a broad introduction to this Handbook on small satellites. It offers information as to why this Handbook was created and its primary uses. It provides guidance as to the structure of the Handbook and its Appendices and a useful information as to how the text of this Handbook and its references can be employed to understand about the history, the technology of small satellites, ground stations and systems for users of these small satellites, the operation of these facilities, launch services, as well as definitions concerning the many different types of these small satellites that exist today. It also provides information, explanations, and definitions about the economic, legal, policy, and regulatory aspects of these systems. It has an entire section devoted to providing information about the many diverse and growing aspects of applications and services that can be used by employing small satellites and how they are uniquely able to provide some of the newer and more entrepreneurial space-based services. There is a chapter that relates the uses of small satellites as a means to achieve the United Nations Sustainable Development Goals (SDGs) for 2030. In short this Handbook seeks to provide a comprehensive set of information about all aspects of smallsats, their uses and applications, the related ground systems, their launch and operation, as well as related economic, legal, policy, business, and financial aspects of these new types of space systems. Finally it seeks to address key issues and challenges for the future that include frequency allocation and management, orbital space debris, space traffic control and management, as well as competitive technological, business, economic, and financial issues. It also notes that the COVID-19 pandemic will have a major impact on the world economy and that this will include a major impact on the small satellite and launch industries. In short there will likely be a number of bankruptcies in this field as a direct or indirect consequence, but these setbacks do not impact the innovative technologies or other information presented in this handbook.

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Exploring New Approaches and Solutions to the Orbital Space Debris Problem

Cited by 2 publications

References 1 publication

Space Security and Legal Aspects of Active Debris Removal

Space Security and Legal Aspects of Active Debris Removal

Introduction to the Small Satellite Revolution and Its Many Implications

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