ARTIFICIAL SPACE DEBRIS REGULATION: A LEGAL ANALYSIS AND THE ARGUMENT FOR A NEW INTERNATIONAL CONVENTION

AUTHOR – ABINESH M, STUDENT AT VINAYAKA MISSION’S LAW SCHOOL

BEST CITATION – ABINESH M, ARTIFICIAL SPACE DEBRIS REGULATION: A LEGAL ANALYSIS AND THE ARGUMENT FOR A NEW INTERNATIONAL CONVENTION, INTERNATIONAL JOURNAL OF SPACE LAW AND POLICY (IJSLP), 4 (1) OF 2026, PG. 08-17, APIS – 3920 – 0014 & ISSN – 2584-1955. DOI – https://doi.org/10.65393/IJSLPV4I12

Abstract

Near-Earth orbit, a limited resource of pivotal importance to the world economy and contemporary society, is under growing threat from the proliferation of space debris. This paper offers a critical legal study contending that the current international legal regime, a product of the Cold War era, is essentially deficient in responding to this 21st-century problem. A doctrinal analysis of the Outer Space Treaty and its offspring reveals profound lacunae: vague principles such as “due regard,” a unworkable fault-based liability regime for on-orbit collisions, and excessive reliance on non-binding “soft law” mitigation guidelines.

In addition, the article raises an alarm on the insurmountable legal obstacles in Active Debris Removal (ADR), a required environmental remediation method, mainly the perpetual state ownership and jurisdiction over space objects doctrine. It advocates for a shift in paradigm, recasting space debris as long-term pollution to be regulated by the tenets of international environmental law, such as the precautionary principle and the polluter pays principle.

Finally, the paper builds a strong argument for the immediate negotiation of a new, all-encompassing and binding international treaty. It argues that such a treaty requiring verifiable standards of mitigation, creating new liability and insurance regimes, and providing a clear legal framework for ADR is not an obstacle to space activities, but the necessary condition for their long-term sustainability and for the safekeeping of the orbital commons for future generations.

Keywords: Space Debris, Outer Space Treaty, International Space Law, Orbital Pollution, Liability Regime, Active Debris Removal (ADR), Precautionary Principle, Polluter Pays Principle