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Orbital Debris Prevention and Mitigation Efforts among Major Space Actors: Commonalities and the Search for Customary International Law de Marc Carns

Orbital Debris Prevention and Mitigation Efforts among Major Space Actors: Commonalities and the Search for Customary International Law: Studies in Space Law, cartea 20

Autor Marc Carns
en Limba Engleză Hardback – 5 iul 2023
In the absence of formal treaty law, orbital debris has grown exponentially in our most valuable orbital regions. To address this problem, many major spacefaring programs have implemented independent laws and policies meant to mitigate the release and overall threat of debris. However, these individual efforts have not translated into a cohesive international set of regulations to address the growing debris problem. Fortunately, there may exist unappreciated similarities among major international programs, either in whole or part, that once identified could lay the groundwork for the recognition of customary international law. This book reviews a number of major programs in depth and seeks to answer if any commonality among them has likely established customary international law.
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Specificații

ISBN-13: 9789004535831
ISBN-10: 9004535837
Pagini: 380
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Space Law

Notă biografică

Lieutenant Colonel (Dr.) Marc G. Carns, LL.M. (2016), J.S.D. (2022) University of Nebraska, is a career United States Air Force Military Officer and Air Force Judge Advocate. Lt Col. Carns specializes in advising on legal issues affecting national security and defense initiatives in Air, Space, and Cyberspace. He also serves as an adjunct professor at various universities.

Cuprins

Preface

List of Figures

Abbreviations

Introduction Access for All

1The Debris Problem
1 Introduction
1.1Early Recognition of the Risk of Space Debris


2 Space Debris Defined

3 Space Debris Creation

4 Identifying the Degree of Space Debris Accumulation—What Is Space ssa?
4.1Who Is Responsible for ssa Management?

4.2Other ssa Programs

4.3How Are Space Objects (and Debris) Identified and Tracked?

4.4How Does ssa Work


5 Conclusion


2International Law and the Formal Space Treaties
1 Introduction

2 Public International Law
2.1Development of Public International Law Related to Space


3 International Space Treaties
3.1Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
3.1.1 Outer Space Treaty, Article i

3.1.2 Outer Space Treaty, Article ii

3.1.3 Outer Space Treaty, Article iii

3.1.4 Outer Space Treaty, Article ix

3.1.5 Outer Space Treaty, Article xi


3.2The Remaining ‘Big 4’ International Space Treaties


4 Jurisdiction of Space Objects

5 Registration of Space Objects

6 Conclusion


3Development of Customary International Law—Space Law and Debris Mitigation
1 Introduction

2 Basic Requirements of Customary International Law
2.1Time Requirement of Customary International Law
2.1.1 How Important Is the Time Element of Customary International Law in Modern Times

2.1.2 Continuous Claim and Response

2.1.3 Harry S. Truman and the Continental Shelf—Testing the Time Requirement

2.1.4 Legitimacy of Instant Customary International Law in the Courts


3 Instant Customary International Law in Space Law
3.1Post-Truman—Sputnik as the Next Use Case


4 International Efforts in Space Debris Mitigation—on the Cusp of Customary International Law
4.1The United Nations Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space
4.1.1 Leading to the Mitigation Guidelines—Initial Assessments of Nation-State Efforts

4.1.2 From Analysis to Understanding—the Development of the Debris Mitigation Guidelines

4.1.3 From Understanding to Action—Drafting the Debris Mitigation Guidelines

4.1.4 Reviewing the Impact: Debris Mitigation Guidelines


5 International Telecommunications Union

6 Conclusion


4The United States—Space Debris Mitigation, Prevention, and Policy
1 Introduction—US Space Debris Policy
1.1Development of National-Level US Space Debris Policy

1.2Orbital Debris Mitigation Standard Practices and spd-3

1.32020 US National Space Policy
1.3.1 The Six Principles of President Trump’s National Space Policy

1.3.2 The Eight Goals of President Trump’s National Space Policy

1.3.3 President Trump’s National Space Policy and Orbital Debris


1.4Impact of odmsp Changes and US Policy


2 Federal Aviation Administration
2.1Roles of the Federal Aviation Administration Office of Commercial Space Transport

2.2Federal Aviation Administration Office of Commercial Space Transport Licensing

2.3Requirements for Initial Licensing Considerations

2.4Assessing Launch Risk

2.5Launch Application and License

2.6Licensing and Orbital Debris

2.7Debris Avoidance from Collision

2.8End of Operations


3 Federal Communications Commission
3.1Authority to License

3.2Licensing Requirements

3.3Title 47 c.f.r. (Telecommunication) and New Orbital Debris Rules
3.3.1 Title 47 c.f.r. Part 5—Experimental Radio Service, 47 c.f.r. §5.64(b)-Special Provisions for Satellite Systems

3.3.2 Title 47 c.f.r. Part 25—Satellite Communications

3.3.3 Title 47 c.f.r. Part 97—Space Station


3.4Evolution of fcc Efforts toward Addressing Orbital Debris Mitigation Efforts

3.5fcc and the Way Ahead


4 The US National Space Council

5 Conclusion


5China
1 Introduction to the Chinese Space Program

2 Background of the Development of the Chinese Space Program

3 The Modern Chinese Space Program

4 The Legislative Governance Elements of the Chinese Space Program
4.1China’s Civil Space Program Management


5 Chinese Regulatory Efforts toward Sustainability and Orbital Debris
5.1China and International Space Agreements

5.2Chinese Regulations Based on International Commitments

5.3Domestic Departmental-Level Regulations
5.3.1 China’s Existing Space Regulations—2001 Measures for the Administration of Registration of Objects Launched into Outer Space

5.3.2 China’s Existing Space Regulations—the Interim Measures on the Administration of Licensing the Project of Launching Civil Space


5.4The 2010 Interim Instrument on Space Debris Mitigation and Management Instrument


6 China’s Space Policy—the Chinese White Papers
6.1The 2000 China Space White Paper

6.2The 2006 China Space White Paper

6.3The 2011 China Space White Paper

6.4The 2016 China White Paper

6.5The 2021 China White Paper

6.6Words versus Actions—Are the Chinese Actually Committed to the Space Sustainability Discussed in Their White Papers?


7 Conclusion—the Future of China’s Space Program


6Russia
1 Introduction

2 Russian Interpretation of International Law Influencing Russian Space Law
2.1Overview of Russian Approach to International Law

2.2Modern Russian Approach to International Law


3 Russia’s Domestic Implementation of Obligations under International Space Law
3.1Russian Domestic Space Debris Regulatory Scheme
3.1.1 Russian Domestic Regulatory Scheme—Decree No. 5663–1, about Space Activities


3.2Licensing in Russia

3.3Principal Space Debris Regulation—gost p 52925–2018
3.3.1 Debris Reduction through Design

3.3.2 Debris Reduction during Operations

3.3.3 Debris Reduction during Post-mission Disposal


4 Conclusion


7European Space Agency
1 Introduction

2 esa Today
2.1esa Membership

2.2esa Programs and Participant Requirements


3 esa and International Legal Standing and Authority
3.1esa and International Agreements

3.2Creation of International Legal Norms—esa Customary International Law

3.3esa and Space Debris Legal Norms


4 Specific Efforts at Forming Legal Norms for Space Debris Mitigation and Prevention
4.1esa Space Debris Mitigation Handbook

4.2European Code of Conduct for Space Debris Mitigation

4.3European International Code of Conduct for Outer Space Activities


5 International Organization for Standardization Debris Mitigation Guidelines
5.1iso and esa Adoption of Debris Standards—iso 24113:2010 through iso 24113:2019
5.1.1 iso 24113:2019—Space Systems-Space Debris Mitigation Requirements


5.2Progeny of iso 24113:2019—Debris Mitigation for Spacecraft and Launch Vehicles
5.2.1 Space Debris Mitigation Requirements for Spacecraft—iso 16164:2015, iso 26872:2019, iso 23339:2012, iso 16127:2014

5.2.2 Space Debris Mitigation Requirements for Launch Vehicles


6 Beyond esa iso Standards
6.1European Union Space Strategy for Europe


7 Conclusion


8Does Existing Space Debris Guidance Establish Customary International Law?
1 Introduction

2 Beyond Legacy iadc and UN copuos—Recent Voluntary Space Debris Mitigation Guidelines
2.1Committee on the Peaceful Uses of Outer Space Guidelines for the Long-Term Sustainability of Outer Space Activities
2.1.1 UN copuos lts Guidelines—Policy and Regulatory Framework

2.1.2 UN copuos lts Guidelines—Safety of Space Operations

2.1.3 UN copuos lts Guidelines—International Cooperation and Capacity Building and Awareness

2.1.4 UN copuos lts Guidelines—Scientific and Technical Research and Development

2.1.5 UN copuos lts Guidelines—the Way Ahead


2.2Background—Space Safety Coalition Best Practices for the Sustainability of Space Operations Guidelines
2.2.1 ssc Sustainability Practices


3 Can Customary International Law Be Found as a Result of Nation-State Implementation of Orbital Debris Prevention and Mitigation Efforts?
3.1The Seven Mitigation Themes
3.1.1 Theme 1—Debris Mitigation Is to Be Considered during All Stages of a Space Project

3.1.2 Theme 2—Release of Space Debris during Normal Operations Is to be Limited

3.1.3 Theme 3—Efforts Should Be Expended to Avoid Collisions in Orbit

3.1.4 Theme 4—Risk of Breakups during Operational Phases is to be Minimized

3.1.5 Theme 5—the Potential for Post-mission Breakups Resulting from Stored Energy Should Be Minimized by Passivation

3.1.6 Theme 6—If Not Destroyed by Atmospheric Methods, Post-mission Disposal of Space Objects Away from leo and geo Is to Be Arranged

3.1.7 Theme 7—Intentional Destruction and Other Harmful Activities Are to Be Avoided


4 Do Any Similarities in the Way Nations Implement the Standards Represented within the Themes Meet the Standards of Customary International Law?
4.1The 25 Year ‘Rule’


5 Conclusion


9Where Do We Go from Here?
1 Introduction

2 Is Soft Law Appropriate to Address the Space Debris Issue at All?
2.1Though Soft Law Is Not a Likely Solution, Treaty Law Is Equally Elusive to Solve the Problem


3 Is New Governance the Answer? Evolving Space Governance—Past, Present and Future
3.1Space Governance—Where We Were

3.2Space Governance—Where We Are

3.3Space Governance—Do We Need a Different Governance Model (Where Are We Going)?


4 One Key Option to Solve the Debris Problem—Active Debris Removal and Legal Challenges
4.1Background on Modern adr Efforts

4.2Current Major adr Efforts
4.2.1 Lasers

4.2.2 Solar Sails

4.2.3 Harpoons

4.2.4 Grappling Arms/Claws

4.2.5 System Capture and Containment


4.3Legal Challenges to Implementation of adr

4.4Recommendations to Address Debris Removal Legal Challenges
4.4.1 Instant Customary International Law in Practice


5 A Need to “Go It Alone” to Establish Customary International Law?
5.1“Going It Alone”—Principles for Successful Independent adr Activity


6 Conclusion


References

Index