DOI: 10.5553/IISL/2022065004005

International Institute of Space LawAccess_open

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Common but Differentiated Responsibility for Space Debris

Using Equitable Principles to Incentivise Debris Mitigation

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    Over the years, a small number of states have created the vast majority of space debris in orbit around the Earth. This growing population of space debris has led to an increase in the costs of operations for all actors, many of whom are only beginning their space programs and have not gained any benefits from the pollution of outer space; yet they are forced to bear the costs. This paper discusses how the foundational principles of space law incorporate the spirit of Common but Differentiated Responsibilities (hereinafter CBDR) and show how it applies to questions of active and passive debris mitigation and liability for damage caused by space debris. This would be done by holding the chief polluters collectively responsible for damage caused to states who have not contributed to the debris population in any meaningful way so long as the latter complies with the debris mitigation norms.

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