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
The Road Not Yet Taken for Defusing Potential
Conflicts in Active Debris Removal: a Multilateral
Organization
Ward Munters, doctoral researcher
Prof. Dr. Jan Wouters, Director
Obstacles to ADR
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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, identification and authorization for debris fragments?
• Deadlocks in political forums
• UN: COPUOS / Conference on Disarmament (CD)
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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)
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 2016
Active Debris Removal Organization
(ADRO)
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Proposals in literature and policy documents
• Why an ADRO? (non-exhaustive)
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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: better-adapted future legislation from collective experience
• Strengthen the rule of law
• How?
• Early intergovernmental INTELSAT model?
• Element of public service
• Public-Private-Partnership (PPP)
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Increase private stakeholder participation
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 2016
‘Security’ and ADR
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Dialogue on space activities increasingly ‘securitized’
• Evident dual-use aspects of a new technology
• States are nervous
• Draft Guidelines on Long-term Sustainability apropos ADR?
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• Predominant focus on identification, exclusive jurisdiction & control, prior authorization
Unilateral implementation: potential for misunderstandings, lack of trust or 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: very likely to become routine in the future
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 2016
Security and ADRO? (1)
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“Submerging procedural deadlocks in collective measures”
• Space debris affects all space actors
• Mutual benefit and reciprocity: from zero-sum to win-win
• Positive measure instead of reducing States’ freedom of action
• Increase buy-in from objectors through technological cooperation
• Emerging spacefaring States?
• ‘Desecuritize’ ADR (and debris)
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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), ISS (human spaceflight), …
• With a view to a post-ISS era
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 2016
Security and ADRO? (2)
• Collective ADR protocol
• Avoid politicized use of mathematical models
• Avoid strategic calculus for removal decisions
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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 debris collisions
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 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, ITU,…?
Element of transparency   military-industrial complexes
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• Information sharing, standardization, harmonization
• Multinational personnel and relationships
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• Codes of behavior (e.g. IAEA)?
Civilian cooperation leads to military-to-military confidence building
• ADRO as a ‘stepping stone’?
• Leverage knowledge, goodwill and reciprocity
• Contribute to increased cooperation in other crucial areas
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• Global Space Situational Awareness (SSA)
• Space Traffic Management (STM)
Can be temporary
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 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
4TH MANFRED LACHS INTERNATIONAL CONFERENCE ON CONFLICTS IN SPACE AND THE RULE OF LAW, 27 May 2016