Houston, We Have a Problem: Addressing 'Space Junk' in the New Space Age

Abstract

Space debris poses a new and evolving threat to our on-orbit activities, threatening our global economy, military capabilities, and civil scientific capacity. The space sector has developed rapidly and is now in an era of commercialization, with the number of satellites launched into low-Earth orbit increasing exponentially. The current slate of U.N. space treaties, adopted during the Space Race at the height of the Cold War, are ill-equipped to address this new challenge. Space, since the early days of space law, has been governed as a “global public good”, a framing that I argue has led to critical failings in space governance. This paper uses Elinor Ostrom’s institutional design principles to assess and evaluate the successes and failures of the four primary space treaties, and how they relate to the proliferation of space debris. I also discuss the potential solutions to the threats posed by space debris, including active debris removal and the establishment of sustainable standards in the space sector, and stresses the need for a new perspective of space as a “common-pool resource” as we develop a new body of space law. This paper draws comparisons between global climate governance and global space governance to highlight potential strategies for the future of international space law.