INTRODUCTION

After 35 years of space exploration and exploitation with little regard for the space environment or the consequences for future space operations, the potential hazards posed by accumulating orbital debris are increasingly being recognized as a problem. Government agencies and International organizations involved in space exploration are studying remedial measures. Several spacecraft operators have begun instituting or are planning voluntary practices aimed at orbital debris mitigation (Part I.). While studies and voluntary measures are laudable, they are not sufficient. Current international law and national regulations are not adequate to ensure consistent implementation of technically feasible and economically sound mitigation measures, on a pervasive basis, in a manner which is necessary to protect the space environment (Part II.).

Several options are available for strengthening the legal regime applicable to orbital debris, ranging from the amendment of existing treaties to the adoption of a new international legal instrument (Part III.). The concept of a “framework convention” with procedures for subsequent protocols is a particularly attractive model which has been used successfully in the regulation of other man-made environmental problems, such as trans-boundary air pollution and ozone depletion, and which now is being proposed for controlling global warming (Part III.C.2.C). Part IV. of this paper outlines the issues which might be addressed in a legal instrument dealing with orbital debris, whether it is a framework convention, a traditional international agreement, a resolution, or any other statement of principles.