SPACE DEBRIS: A SURVEY OF THE LEGAL REGIME Why There is an Urgent Need for a New Binding Agreement

Abstract

One of the biggest hazards of spacefaring activities nowadays is the proliferation of space debris. With the imminent commercial mega-constellations significantly increasing the risk of space debris collisions, there is a grave need for regulations regarding space debris in the commercial private sector. Dilemmas within the current legal regime relevant to space debris include the lack of enforcement capability, the ambiguous definition of “space object” and the lack of consistent definition of “space debris”, the limitation of the conception of international responsibility, the pitfall of the fault-based liability rule, and the difficulty in cleaning up the junk due to the primacy of property ownership in the current system. A legally binding international agreement is urgently needed.