Defusing Potential Conflicts in Active Debris Removal
Addressing legal difficulties and obstacles in international space law related to active debris removal, proposing the concept of an Active Debris Removal Organization to enhance rule of law and cooperation in space governance. Discussing security concerns and the need for dialogue on space activities.
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Presentation Transcript
The Road Not Yet Taken for Defusing Potential Conflicts in Active Debris Removal: a Multilateral Organization 4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW Institute of Air & Space Law, McGill University 27-28 May 2016 Session 3 Leuven Centre for Global Governance Studies (GGS), KU Leuven Institute for International Law, KU Leuven WARD MUNTERS, DOCTORAL RESEARCHER PROF. DR. JAN WOUTERS, DIRECTOR
Obstacles to Active Debris Removal (ADR) Gaps and other legal difficulties in international space law Legal definition of space debris; space debris as a space object Jurisdiction and Control / Ownership (art. VIII OST) Liability and original launching States Registration of debris fragments and identification Deadlocks in political forums UN: COPUOS / Conference on Disarmament (CD) Calls for prior binding legal instruments on ADR Progress on Draft Guidelines for Long-term Sustainability? Economic and technological challenges Risks inherent to new technologies No immediate economic benefit? (ADR<->OOS) (LEO<->GEO) Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
Active Debris Removal Organization (ADRO) Proposals in literature and policy documents Why an ADRO? (non-exhaustive) Operate under legal status quo / accomodate legal gaps Bypass procedural deadlocks through practical cooperation Incorporate consensus positions Transparency, reciprocity, mutual benefit Ex facto sequitur lex: future legislation from collective experience Strengthen the rule of law How? Early intergovernmental INTELSAT model? Element of public service Public-Private-Partnership (PPP) Increase private stakeholder participation Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
Security and ADR Dialogue on space activities increasingly securitized Evident dual-use aspects of a new technology States are nervous Draft Guidelines on ADR? Predominant focus on identification, exclusive jurisdiction & control, prior authorization Potential for misunderstandings, lack of trust and confidence Race in arms or counter-space capabilities Detrimental to stability Rendezvous & proximity operations (RPO) ADR & On-Orbit Servicing (OOS) Stated interest by commercial actors to implement OOS PROBLEM: likely to become routine in the future Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
Security and ADRO? (1) Submerging procedural deadlocks in collective measures Space debris affects all space actors Increase buy-in from objectors through technological cooperation Emerging spacefaring States Mutual benefit: from zero-sum to win-win Positive measure instead of reducing States freedom of action Desecuritize debris and ADR ADRO: explicit environmental and civilian mandate Shared acquaintance with novel technology and other aspects Contribute to making ADR and OOS routine Lessons from INTELSAT (telecom) and ISS (human spaceflight) With a view to a post-ISS era Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
Security and ADRO? (2) Collective ADR protocol Avoid politicized use of mathematical models Avoid strategic calculus for removal decisions Risk to own assets / risk to foreign assets Self-defense / state of necessity? Unilateral removal of foreign entity s satellite High political tensions and risk of conflict Public service: emergency procedures / reduce probability of collisions Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
Security and ADRO? (3) An enduring Trust and Confidence-Building Measure (TCBM) Enduring platform for practical engagement and operational cooperation Increased mandate for IADC? Element of transparency military-industrial complexes Information sharing, standardization, harmonization Multinational personnel and relationships Codes of behavior (IAEA)? Civilian cooperation leads to military-to-military confidence building ADRO as a stepping stone ? Leverage knowledge, goodwill and reciprocity Can be temporary Contribute to increased cooperation in other crucial areas Global Space Situational Awareness (SSA) Space Traffic Management (STM) Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
Thank you for your time Questions? If all the possibilities opened up by outer space exploration are to be used in a responsible manner, the conduct of States in regard to outer space must be submitted to the rule of law. ~MANFRED LACHS Leuven Centre for Global Governance Studies, Institute for International Law, KU LEUVEN, 2016
