This paper analyzes the 12 countries’ national space legislation with an emphasis on space debris mitigation and within the framework of the National Space Legislation Initiative (NSLI) launched under the Asia Pacific Regional Space Agency Forum (APRSAF) in 2019. NSLI commenced its second phase in 2021 and successfully compiled its second report for submission to the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) in 2023. This paper introduces the status of national space legislation in the Asia-Pacific countries based on the submitted NSLI second report while providing the authors’ insight into the trends. The issues related to authorization and supervision are given particular focus in the introduction. The paper also provides policy implications in terms of the region’s further development of national space laws and regulations. |
International Institute of Space Law
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Article |
The Status of National Space Legislation in the Asia-Pacific: Introduction Based on the NSLI 2nd Report |
Authors | Ikuko Kuriyama and Koichi Kikuchi |
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Article |
Space Law of Saudi Arabia |
Authors | Olga Volynskaya |
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Saudi Arabia’s decision to withdraw from the 1979 Moon Agreement made the news. Official reasons for this move are yet to be revealed, but the Kingdom already announced its ambitious target: to return to outer space four decades after the first Saudi astronaut’s flight, and reach the top five spacefaring states. |
Article |
Who Regulates Space Debris Remediation? |
Keywords | Environment, sustainability, space debris, standardization |
Authors | Mahulena Hofmann |
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With the appearance of large satellite constellations, the protection of the space environment becomes a matter of urgency. Many actors are developing tools leading to the environmental behavior of space operators. Among those, some countries have included environmental measures into their space legislation. This paper maps these efforts in concentrating on the character of the actors developing these measures: International organisations including ESA, States, but also non-state actors like the organisations of satellite operators or standard organisations. This development raises the question whether also the European Union should be proactive and develop its own system of debris remediation. The analysis comes to the conclusion that at present, the effective regulation of space debris remediation is done less by the formal norm-setting bodies but various non-state entities adopting standards based on the actual practice. |
Large constellations are groups of small satellites deployed in large numbers, ranging from hundreds to thousands. Most of these are to be deployed in the Low Earth Orbit (LEO), one of the most crowded and sought after orbits around the Earth. The small sizes and large numbers of these satellites raise concerns about their removal from orbit upon becoming non-functional. The launching states which retain command and control over these satellites have no incentive for bearing the cost of their removal. The involvement of private parties adds a further layer of complication since the law of outer space in its current state does not directly impose obligations on these parties. This paper proposes regulating these constellations as a whole rather than regulating each satellite individually, since most challenges arise from the density and large number of satellites in the constellation. |
Article |
Space Debris Remediation on the Surface of Moon and Its Orbits |
Authors | Alexander Solntsev and Irina Chernykh |
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In the XXI century, numerous States announced their plans to participate in the lunar race. The USA adopted the Artemis Program, China made public its Chinese Lunar Exploration Program with the participation of Russia and building together the International Lunar Research Station. All these programs are expected to include not only exploration purposes, but active use and utilization of the Moon and its orbits. However, the increase in lunar activities, as well as any activities, are suggested the creation of different physical debris (e.g., building materials, machinery, vehicles, general rubbish) plus chemical contaminants. Today problems with debris on the surface of the Earth and with space debris in the near-space have already been challenges for the whole of humanity. Therefore, the purpose of this paper will be to analyze different legal acts and mechanisms which can be used for the remediation of space debris on and around the Moon. |
Article |
Cooperative Debris Remediation: Ready for Action! |
Keywords | Space debris, active debris removal |
Authors | Chuck Dickey, Valentin Uvarov and Guoyu Wang |
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An International Non-Governmental Organization (INGO) could remediate the most dangerous orbital debris on behalf of cooperating governments who agree to share cost, risk and information within the INGO’s “firewall”. No new laws, national or international, are needed! If the INGO process and contractual model previously described by TCTB (“Three Country – Trusted Broker”) proved to be effective for the most dangerous debris, it could also be applied to other debris. |
Article |
Responsibilities and Legal Concerns in the Governance of Active Space Debris Removal |
Keywords | Active removal, Statutory obligation, Responsibility for internationally wrongful acts, Liability-sharing mechanism |
Authors | Jie Long and Chuying Huang |
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The mitigation of space debris presents an urgent challenge for the sustainable development of outer space, and active removal is widely acknowledged as the most effective measure for its eradication. Following the fundamental principles of space law, both nations facing threats from identifiable foreign space debris and those possessing capabilities have the right to engage in active removal operations. However, such actions are subject to stringent legal obligations towards the country responsible for registering the debris unless authorized by the United Nations, accompanied by an agreement on jurisdiction transfer, or justified by emergency circumstances. To ensure equitable allocation of liability, the international community must establish a mechanism for sharing responsibility and cross-waiver agreements among relevant countries. Additionally, exploring potential funding sources, involving nongovernmental entities in cost-sharing efforts, and promoting commercial recycling initiatives can potentially facilitate active removal. |