Licensing agreements between the owners and former operators of the derelict satellites would have to be negotiated, as would confidentiality and nondisclosure agreements to protect the rights of the owners.
The issues surrounding space debris are in their infancy, and the solutions to those issues can only be had once the issues themselves are clearly defined. Addressing the issue of space debris is two-fold. Japan’s plan to test space debris removal technology and methodologies is, on its face, a welcome development. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return. Article VIII of the Outer Space Treaty vests continued ownership of any object or components of an object in the state that launched it into outer space.2 This ownership would technically extend to fragments since they are “component parts” and would enjoy the same ownership rights as a fully intact satellite or other spacecraft. More so, is the definition of “space object”. Methodologies to remove intact derelict satellites may include the use of mechanisms that will rendezvous, attach, and physically move the derelict from a stable orbit to either a graveyard orbit, where it will not interfere with other space objects, or into a less stable orbit that would ensure the destruction of the derelict within a short period of time. Most significant to space debris removal is the space weapons debate, which is led primarily by Russia and China.

Customary international law is defined as international obligations arising from established state practice, as opposed to obligations arising from formal written international treaties and consists of two components. And issues involving the International Space Station, which houses 5 nations, had its own means of resolving space law cases. However, like the proposed Swiss space debris removal demonstration, CleanSpace One, Japan’s effort does have the potential of laying the foundation for customary international law for space debris removal that could be built upon by other players, including the Big Three.

Views expressed are those of the author and do not represent the views of International Space Safety Foundation. One scenario that could play out involves the failure of the electromagnetic tether while gathering fragments from their previous orbits. Parallel to the legal issues surrounding this proposed debris removal mission are the political issues. [Authors note: A version of this article appeared in Space Safety Magazine’s website on July 6, 2012.].

The second scenario envisions an event where a space object causes damage someplace other than the surface of the Earth, i.e. 5 Space Debris and Its Threat to National Security: A Proposal for a Binding International Agreement to Clean up Junk, Vanderbilt Journal of Transnational Law, Volume 44:589.

4 It’s notable that current efforts to address space debris ignore the applicability of the Liability Convention. Beyond the technical issues, though, JAXA’s plan does raise some international legal issues and some geopolitical risks as well. The satellite, which was renamed Palapa B2-R, was successfully re-launched in April 1990. The term “space debris” is used commonly enough when discussing the veritable junkyard of expended space objects in orbit as or even naturally occurring objects such as asteroids or meteors.

He is a member of the New Hampshire Bar and a member of the International Institute of Space Law (IISL). Once the net has grabbed enough space debris it will be commanded to slow down and de-orbit, allowing the space debris, spacecraft and net to burn up in Earth’s atmosphere.1. Three distinct customary international norms potentially are in play: Whether removal of space debris is a recognized practice under international law, whether Article VIII of the Outer Space Treaty extends ownership to a state over fragments and space debris in general and permits the removal of fragments originating from other states without the prior permission of the state that owns them, and whether space debris removal activities trigger Article IX of the Outer Space Treaty and requires a state to consult with the international community prior to performing these activities. The nature of this debris includes intact satellites, rocket bodies, fragments from exploded rocket bodies, fragments from collisions, and objects from extracurricular activities. In February 1984, the commercial satellite Palapa B2 was launched for the Indonesian government on STS-41B, but it failed to reach geosynchronous orbit due to a malfunction of its perigee motor stage. Sattel then contracted with Hughes Aircraft Company, which originally manufactured the satellite, and McDonnell Douglas, which was the launch service provider, to refurbish and re-launch the satellite. Space debris is considered by many to be the most prominent issue in the arena of outer space security and safety. Before such exporting and subsequent satellite disposal could take place, licenses or other waivers would be required to address these issues. 1 Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space. A “space object” is similarly defined by both of these treaties, and it includes not only objects launched into space by a launching state but also components from the object.
More than a half-century of space activities by the various spacefaring nations have left a debris environment that is self-perpetuating and threatens to render the outer space environment useless, particularly in low Earth orbit. This essay is should not be considered and exhaustive discussion on the topic. Compounding the ITAR issue is that of intellectual property rights. Political issues.

Space law is a collection of domestic and international agreements and guidelines that govern issues like space exploration, military and weapons use, and liability for damage.

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