Theoretical Basis of International Legal Aspect of “Space Debris” Removal

Abstract

The present article examines the issue of the concept of “space debris,” which is widely used in discussions on international “space” platforms: what the term – introduced into international circulation in the 1970–1990s – means from the point of view of the norms of international space law when discussing the problem of contamination it creates in near-Earth space. The material used for the study includes treaties of international space law; the 1969 Vienna Convention on the Law of Treaties; resolutions of the UN General Assembly; reports of the UN Committee on the Peaceful Uses of Outer Space, as well as of its Legal and Scientific and Technical subcommittees, and statements of certain delegations at their sessions; works of Russian and foreign scientists; the materials of international entities, in particular the Inter-Agency Space Debris Coordination Committee; and U.S. regulations. The author conducts a comparative analysis of normative and other documents of these entities, as well as some provisions of international treaties (taking into account their conceptual and terminological content, and vocabulary used) using the general scientific method of cognition.The current heightened interest in the issue of space debris removal has revealed the need to clarify the international legal basis for the emergence and use of this concept for further possible practical and international legal actions aimed at solving problems associated with this. The lack of uniformity in the use of terms and word combinations for the issues under study is noted. The definitions of “space debris” that have developed without due regard to the applicable norms of international space law are considered. And regulatory explanations of the status of documents adopted in this area by various international entities and organizations are given. Assessing the current state of near-Earth space contamination, it can be noted that the issue of the active removal of “space debris” should be addressed with consideration to ensuring safe access to space, which is an integral part of the triune problem of space traffic management, the regulation of which is becoming a pressing issue and requires the development of a generally accepted legally binding international treaty.