Legal aspects of Active Debris Removal (ADR): regulation of ADR under international space law and the way forward for legal development

Abstract

This dissertation discusses the legal aspects of ADR, analysing whether the current international legal framework for space activities adequately regulates ADR and if not, what the gaps are and how they can be filled. To answer this question, the dissertation identifies issues related to the governance of ADR that need legal answers. It then examines the two pillars of international space law: the hard law pillar, which encompasses the United Nations space treaties and other applicable rules and principles under general international law, and the soft law pillar, comprising non-legally binding instruments that set out expected behaviours and best practices in outer space. The aim is to assess whether these two pillars provide an adequate response to the regulatory needs of the identified issues.

An examination of the two pillars shows that while the existing legal framework lays down fundamental rules and principles that apply to ADR activities, it falls short of adequately governing the identified issues associated with ADR. To address the regulatory gaps, this dissertation analyses initiatives undertaken at national and international levels relevant to the governance of ADR and provides recommendations for the further development of international space law to better accommodate ADR activities.