Context:
Two days ago in Makueni County, Kenya, a metal object weighing 500 kg fell from the sky on the date of December 30, 2024. The Kenya Space Agency has termed this to be a separation ring from a rocket going into space, but some experts have voiced skepticism.
That is, the present case showcases the growing concern over space debris alongside other notable past incidents in the USA and Australia.
The Increase in Space Debris Problems
- The more access there is to space, the greater the number of rockets, satellites, and spacecraft launched into this environment.
- Falling debris raises serious questions about accountability, liability, and safety.
- Unfortunately, with the lack of clear legal definitions, this becomes harder with regard to enforcement and responsibility.
International Space Laws Existing Legal Frameworks and Their Shortcomings
- The Outer Space Treaty (1967) states that states are responsible for space activities, whether conducted by government or private entities.
- The 1972 Liability Convention establishes “absolute liability” for damages caused by space objects on Earth, meaning that launching states are automatically responsible for any such damage.
Enforcement Challenges
- The issue of whether or not the debris can be considered a “space object” under liability laws raises the possibility for legal disputes.
- An example of these past cases is:
- Soviet satellite Cosmos 954 (1978) crashed with a nuclear reactor into Canada. After years of negotiations, Canada received only $3 million of the $6 million cleanup costs as compensation.
- Unidentified or decades old debris would complicate holding the original launching state accountable.
Space Governance Gaps
Uncontrollable Reentries and Their Severity
- In July 2024, China’s Long March 5B rocket core stage (23 tonne metal structure) crashed into the Pacific Ocean, narrowly avoiding populated areas.
- Modern rockets usually have disposal mechanisms for such events, but Long March 5B lacks one and involves dangerous reentry.
- A SpaceX Falcon 9 rocket debris fell in Poland in March 2024, while no clear authority owns responsibility after loss of control.
Super Constellations Add to the Risk
- The likes of SpaceX Starlink, Amazon Kuiper, and Eutelsat OneWeb would reportedly be launching more than 100,000 satellites by 2030.
- Older satellites without deorbiting plans will worsen debris accumulation in space.
- Thus, voluntary UN guidelines (such as the 25 year deorbit rule) have maximum 30% compliance, hence weak in enforcement.
Necessary Changes
- Binding Global Regulations
- The UN‘s COPUOS must enforce mandatory requirements that will be utilized to accomplish controlled reentries.
- Certain penalties, including launch bans should be instituted against such non compliance.
- Stronger National Policies
- Governments should include debris mitigation strategies as conditions for launch licenses.
The launching bodies should have to come out with debris mitigation strategies as a prerequisite for applying for launch license. Controlled reentry systems can be made available for the spacecraft however, they can also be transferred to a graveyard-orbit.
- Advanced Tracking Systems
- To improve the activity of monitoring as well as into early predictions of reentry, expansion of tracking tools like that of U.S. Space Fence expected to be included.
- Sustainable Space Practices
- In that way promote destruction nullifying technologies and re-useable rockets culture for dirtless clutter and, later on, improves safety within space.
- Updating the 1972 Liability Convention.
- Create an independent international tribunal with powers of binding enforcement to bring into accountability responsible parties.
Space is not without law. It may soon become the space where uncontrol reentry turns into more frequent occurrences and with it, danger. The era of self-governing guidelines is over; it is now time for collective action by all nations in putting in place stro
