DOI: 10.5553/IISL/2023066007007

International Institute of Space LawAccess_open

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Responsibilities and Legal Concerns in the Governance of Active Space Debris Removal

Keywords Active removal, Statutory obligation, Responsibility for internationally wrongful acts, Liability-sharing mechanism
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    The mitigation of space debris presents an urgent challenge for the sustainable development of outer space, and active removal is widely acknowledged as the most effective measure for its eradication. Following the fundamental principles of space law, both nations facing threats from identifiable foreign space debris and those possessing capabilities have the right to engage in active removal operations. However, such actions are subject to stringent legal obligations towards the country responsible for registering the debris unless authorized by the United Nations, accompanied by an agreement on jurisdiction transfer, or justified by emergency circumstances. To ensure equitable allocation of liability, the international community must establish a mechanism for sharing responsibility and cross-waiver agreements among relevant countries. Additionally, exploring potential funding sources, involving nongovernmental entities in cost-sharing efforts, and promoting commercial recycling initiatives can potentially facilitate active removal.

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