As space activities expand, the legal regime governing space debris management remains limited. With India’s burgeoning space program and growing capabilities in satellite deployment, the country is positioned to play an integral role in shaping international frameworks to mitigate space debris. In this article, we analyse existing international guidelines, treaties, and principles related to minimising the creation of new space debris[i]. We also examine domestic environmental laws in India that could provide a model for national space debris regulations. Considering both India’s strategic interests in ensuring the long-term sustainability of outer space activities as well as its obligations as a rising space power, we discuss the specific legal challenges India faces in contributing to the global governance of space debris. By exploring these interdisciplinary issues at the intersection of law, technology, and foreign policy, we aim to spur further discourse on optimising legal frameworks to preserve the space environment for future generations.
The Growing Threat of Space Debris
In recent decades as space activities have expanded, the growing collection of space debris has increasingly become a situation provoking heightened worry. Space debris refers to artificial objects in earth’s orbit that no longer serve a useful purpose, such as spent rocket stages, defunct satellites, and fragments from satellite breakups. At orbital velocities, even small pieces of debris can damage or destroy operational space assets upon impact. While projections vary in their calculations, it is estimated that there are presently more than 128 million minuscule fragments less than 1 centimetre wide along with approximately 900,000 pieces sized between 1 to 10 centimetres circling our planet, in addition to over 34,000 sizable objects exceeding 10 centimetres continuing their journey around Earth. This debris poses severe risks to spacecraft, space stations, and satellites. Despite its significance, space debris remains a relatively unregulated area in international space law[ii].
While the 1967 Outer Space Treaty established the foundation for international space law, it failed to directly confront the mounting issue of space debris left in orbit, which risks compromising future space exploration and utilization. However, some of its provisions are relevant to space debris mitigation, such as Article IX on avoiding “harmful contamination” of space and celestial bodies. The 1972 Liability Convention makes States liable for damage caused by their space objects to the space assets of other States. While space debris could trigger liability under this convention, its application remains unclear.[iii]
Those attending the 2007 session of the United Nations Committee on the Peaceful Uses of Outer Space endorsed non-binding recommendations concerning procedures intended to reduce and limit the creation of fragmented refuse commonly left in the wake of space-faring activities. While adherence to these guidelines is encouraged, following their recommendations is not a legally enforceable requirement. There have been increasing calls for a new legally binding international framework on space debris regulation and remediation. As a preeminent spacefaring country, India confronts both difficulties and possibilities in meaningfully adding to worldwide initiatives to guarantee the sustainable utilization of outer space for future generations. A coordinated international effort as well as domestic policies and rules adopted by individual countries will need to work in unison to successfully address the growing issue of space debris proliferation and limit further contributions to the existing orbital debris field[iv]. Space debris poses risks not only to space assets but also to global space governance if left unaddressed.
International Legal Framework Governing Space Debris
As India’s emergence as a major space power brings both opportunities and obligations, we must thoughtfully consider our role and responsibilities in promoting the long-term stewardship of outer space activities for the benefit of all[v]. A critical issue is the mitigation of space debris, which poses risks to satellites and space assets. Existing international space law provides a framework for space debris management that India should uphold and help strengthen.
The primary international mechanism governing space debris is the Inter- Agency Space Debris Coordination Committee’s Space Debris Mitigation Guidelines. As an intergovernmental organisation, the IADC[vi] has issued non-binding guidelines concerning space debris mitigation practices for agencies and companies. The guidelines recommend measures such as limiting debris released during normal operations, minimising debris generated by break-ups, and re-orbiting satellites and launch vehicle orbit stages after end-of-mission.
India has already proactively adopted measures to address the issue of space debris through policies such as the 25 year post mission limit for satellites in Low Earth Orbit. However, there is still scope for strengthening our national framework and aligning it with international best practices[vii].
As a responsible space power, India should play a constructive role in global discussions and negotiations on developing new international treaties and agreements regarding space debris. We have the expertise and experience to contribute practical solutions and mitigation strategies. By participating actively in multilateral platforms like the UN Committee on the Peaceful Uses of Outer Space, India can help shape the evolving international legal framework to make it more effective in dealing with this pressing challenge[viii].
The issue of space sustainability impacts all nations, India, with its cost- effective and innovative space program, is well positioned to offer solutions that can help balance the needs of development with responsible stewardship of the space environment[ix]. With political will and commitment, we can work together with the international community to develop a robust and holistic response that will secure the long-term benefits of space for future generations.
Challenges for India
While existing frameworks provide useful guidance, they do not legally bind India to adopt robust space debris mitigation practices. Enacting domestic laws and ensuring compliance across India’s space program and private space sector pose challenges. However, as a responsible and rising space power, India should strengthen global space governance by incorporating debris mitigation into its space laws and policies and advocating for an internationally binding legal framework. This will help secure India’s strategic space interests for the long term.
As India’s space ambitions continue to grow, we have a unique opportunity to shape the international legal regime governing outer space. By adopting robust national policies on space debris mitigation and reduction, advocating for stronger guidelines at intergovernmental forums, and sharing our experiences with emerging space nations, India can make valuable contributions to global space governance[x]. This would help establish India as a responsible leader in space while also securing the long-term sustainability of outer space for peaceful uses, which is in all nations’ best interests.
Some concrete steps India can take include:
-Enacting domestic space laws that incorporate the IADC guidelines and make space debris mitigation mandatory for all Indian space activities
-Developing and enforcing technical standards and operational practices for government and private sector space actors to minimize debris generation
-Calling for legally binding regulations on space debris at international forums like the UN and COPUOS, with provisions for monitoring, reporting and enforcement mechanisms
-Cooperating with other spacefaring nations through information exchange, joint research and training programs to develop practical solutions for the debris problem
-Sharing our experience as an emerging space power with developing countries to educate them about responsible space operations and the collective threat posed by space debris
-By taking a proactive leadership role in mitigating space debris, India has an opportunity to make a positive impact on the long-term sustainability of outer space for the benefit of all humankind.
Key Provisions in Space Treaties Relevant to India
As a leader in space technology and satellite deployment, India has a strategic interest in ensuring the long-term sustainability of outer space activities. This includes mitigating the threat of space debris, which poses risks to space assets and satellites. Several international space treaties contain provisions relevant to space debris and are applicable to India.
The 1967 Outer Space Treaty, to which India is a party, enshrines the principle that states bear international responsibility for national space activities, whether carried out by governmental or non-governmental entities. This suggests that India would be liable under international law for damage caused by space debris originating from Indian launch vehicles or spacecraft[xi]. The OST also obligates states to avoid “harmful contamination” of space and celestial bodies. Some legal experts argue this could encompass pollution of outer space with debris.
The 1972 Liability Convention further reinforces the principle of state liability for space activities by establishing a framework for determining fault and liability in the event of damage caused by space debris. As a party to the Convention, India would likely be required to compensate other states for any damage caused by space debris traced to Indian space activities[xii]. The 1975 Registration Convention requires states to maintain a registry of space objects launched into Earth orbit or beyond, which could aid in space debris mitigation by enhancing tracking and monitoring[xiii].
While these treaties establish useful principles and guidelines, they do not specifically regulate space debris mitigation itself. Additional rules establishing debris minimization standards, remediation guidelines and “best practices” may therefore be needed. India should work with other spacefaring nations to develop a comprehensive international legal framework for limiting the accumulation of space debris and ensuring the safe and sustainable use of outer space. By advocating for stronger rules in this domain, India can position itself as a leader in the global effort to mitigate this threat.
Domestic Laws in India to Address Space Debris Concerns
As India expands its space program, regulating space debris will be crucial to ensuring the long-term sustainability of space activities. Currently, India lacks a comprehensive legal framework specifically targeting space debris mitigation and removal[xiv]. However, existing laws could be interpreted to apply to space debris management. For example, the Atomic Energy Act, 1962, and Space Organization (Functions) Rules, 1983, broadly govern space activities and could potentially regulate debris-generating events like launch, re-entry, and on-orbit breakups.
India should consider enacting laws and policies explicitly aimed at minimizing space debris. Such measures could include:
1. Requiring debris mitigation practices for space launches and operations. This may involve conducting collision avoidance analysis, designing spacecraft to minimize debris released upon breakup, deorbiting spacecraft post-mission, etc.
2. Instituting a licensing regime for space activities that could generate debris. Licenses would mandate compliance with debris mitigation best practices as a precondition for operation.
3. Imposing penalties for non-compliance with debris regulations. Fines and other sanctions would incentivize satellite operators and launch providers to adopt responsible debris mitigation practices.
4. Requiring the removal of existing debris where feasible. While challenging, active debris removal may be necessary to curb the growth of space debris, especially in low Earth orbit.
5. Fostering international cooperation on debris management. Given the global nature of space debris, multilateral partnerships will be key to developing a comprehensive solution. India could work with entities like the UN Committee on the Peaceful Uses of Outer Space to establish international best practices and policy frameworks.
Domestic space laws and policies are critical tools for India to responsibly manage space debris and help ensure the sustainability of space activities on which it increasingly relies. By spearheading progressive legislation and working with international partners, India can establish itself as a leader in tackling this pressing space challenge. Overall, legal and policy frameworks must align with the aim of preserving access to space for current and future generations[xv].
India in International Space Law
As spacefaring nations, we have a shared responsibility to ensure the long-term sustainability of outer space activities. Space debris poses a serious threat to operational satellites and human spaceflight, making effective management frameworks critical. Existing international space law provides limited guidance on space debris mitigation. As India continues expanding its space program, contributing to the development of comprehensive space debris regulations is in our strategic interest.
India is a party to the five United Nations treaties on outer space. However, these were drafted before space debris became a significant concern and do not directly address debris mitigation or remediation. The Inter-Agency Space Debris Coordination Committee (IADC) and UN Committee on the Peaceful Uses of Outer Space (COPUOS) have since issued non-binding guidelines. While these represent the consensus view of space agencies, including ISRO, legally enforceable standards are still lacking.
Domestically, India’s space activities are governed by the Indian Space Research Organisation Act. However, this act also lacks specific provisions on space debris. Amending domestic law to incorporate mechanisms for debris minimisation from Indian space operations may set an example for other spacefaring nations. Our capabilities in areas like satellite manufacturing, launch, and space situational awareness could also support global monitoring and compliance efforts.
Internationally, India should advocate for legally-binding space debris standards within COPUOS and other forums. We have a long history of leadership on space issues, including negotiating the Moon Agreement and Prevention of Arms Race in Outer Space treaty. Building on this leadership, India could champion a new debris mitigation treaty that codifies consensus guidelines into law while respecting national interests. This could help ensure outer space remains open and accessible for future generations.
Through progressive domestic policy, multilateral cooperation, and a renewed commitment to international law making, India can play an instrumental role in tackling the space debris challenge. Our expertise and experience uniquely position us to shape a comprehensive legal framework for space sustainability. By spearheading efforts to curb space debris, India stands to reinforce its position as a leader in responsible spacefaring and help guarantee humanity’s long-term access to space.
Strategic Interests for India in Space Sustainability
India has significant strategic interests in ensuring the long-term sustainability of outer space activities. As India continues to advance its space program, increasingly deploying satellites and conducting ambitious space exploration missions, space debris poses risks to Indian space assets. Mitigating space debris through legal and policy frameworks is critical to protecting India’s space investments and ensuring the viability of future space activities.
India operates one of the largest constellations of satellites in the world, including earth observation and communications satellites, as well as crewed spacecraft. Space debris collisions can damage or destroy satellites, jeopardising space missions and services on Earth that depend on satellite technologies. By contributing to international space debris mitigation guidelines and potentially developing domestic regulations, India can better safeguard its space assets. Space debris congestion can make access to space difficult or impossible if left unaddressed. As more satellites are launched into low Earth orbit and beyond, the risks of collisions rise. By working with global partners to curb space debris growth and ensure the re-entry of defunct satellites, India helps guarantee continued safe access to space for its launch vehicles and crewed space missions. Maintaining access to space is vital for India to achieve its goals of crewed spaceflight and exploration.
As the world’s fastest-growing space power, India has an opportunity to shape global norms and standards around space sustainability. With a long history of supporting the peaceful use of space for all humanity, India is well-positioned to champion an inclusive and balanced approach that advances the interests of all nations. By promoting multilateral cooperation and playing an active role in international space law making, India can help ensure space remains an arena for mutually beneficial collaboration, not competition, As India’s space capabilities grow, so too do its responsibilities in space. Developing legal and policy frameworks to mitigate space debris is one way India can demonstrate leadership befitting an emerging space power. By advocating for sustainable space practices on the global stage and implementing domestic regulations to curb space debris, India upholds its obligations to ensure space remains open and accessible for current and future generations. India’s role in shaping international space law and policy will only become more significant as its space activities expand. Taking a leadership role in curbing space debris and fostering sustainable space practices could bolster India’s global standing as a responsible and visionary space actor. With a combination of progressive policy reforms at home and progressive proposals on the international stage, India has the potential to make critical contributions toward securing the long-term viability of space for future generations.
The time has come for India to apply its expertise and experience to help forge a holistic and effective legal framework for space sustainability. With strategic vision and a commitment to international cooperation, India can shape international space law in a way that both serves its national interests and advances the common interests of humankind in outer space.
Challenges Facing India in Mitigating Space Debris
India faces several challenges in contributing to international space debris mitigation efforts. As an emerging space power, India must balance its national interests in space with global responsibilities regarding sustainability.
First, India lacks a comprehensive national space law or policy framework explicitly addressing space debris, While India is a party to space treaties like the Outer Space Treaty, these were not designed to regulate modern space activities and threats like space debris. Developing a domestic space debris policy and associated regulations will enable India to implement international best practices and have a coordinated national approach to mitigation. However, this requires political will and resources that may be lacking[xvi].
Second, mitigating space debris requires international cooperation and data-sharing, which can be complicated by national security concerns over sharing information on space assets and activities. As India’s space program is closely linked with its strategic and military interests, it may be reluctant to share technical details of space missions or engage in legally- binding international agreements. However, as space debris affects all space actors regardless of national borders, cooperation is essential. India will need to balance security imperatives with the need for cooperation[xvii].
Finally, reducing space debris requires minimising debris released during normal operations and ensuring satellites can be safely de-orbited. However, this demands advanced technical capabilities that India is still developing. For example, not all Indian satellites currently have manoeuvrability that would allow controlled re-entry. While India aims to improve technical proficiency, implementing higher standards and best practices will take sustained resources and time.
Although India recognises the threats posed by space debris and supports international mitigation objectives, domestic, geopolitical and technical challenges have limited India’s contributions thus far. With political will, policy development, international cooperation, and improved space technologies and standards, India can play a leadership role in ensuring the long-term sustainability of space activities. Overall, balancing national interests with global responsibilities regarding space sustainability will be key to India shaping international space law and policy on space debris.
How The Indian Space Research Organisation [ISRO] is now a leading space organisation
As one of the world’s leading space agencies, the Indian Space Research Organisation (ISRO) has established India as a major space power. Through its pioneering satellite launch vehicles and space probes, ISRO has achieved tremendous success in space exploration and space-based technologies[xviii].
ISRO operates the largest constellation of remote-sensing satellites in the world, enabling India to develop expertise in areas such as agriculture, water resources, and disaster management. ISRO also operates the GAGAN satellite navigation system, which provides accurate satellite navigation services over India and the surrounding region. The IRNSS (NavIC) navigation system provides independent regional navigation satellite services over India.
Since its establishment in 1969, ISRO has completed 166 missions, including missions to explore the Moon (Chandrayaan-1 and Chandrayaan- 2) and Mars (Mars Orbiter Mission). ISRO’s most powerful rocket, GSLV Mk III, can lift heavy payloads into geostationary orbit and enable interplanetary exploration. The human spaceflight program Gaganyaan aims to launch India’s first crewed orbital space mission in 2021.
Through its ambitious and successful space programs, ISRO has propelled India into the elite club of spacefaring nations. However, as India’s space activities intensify, space debris poses increasing risks to Indian satellites and space assets. Existing international space laws provide limited guidance on space debris mitigation and remediation. Domestic policy frameworks are needed to regulate Indian space activities and ensure the long-term sustainability of space. By contributing to global space governance, enacting national space laws, and pioneering technological solutions, ISRO can strengthen India’s leadership in space while safeguarding the space environment for future generations. Overall, ISRO’s pioneering successes have established India as a space power, but regulation and sustainability remain key challenges in this new space age.
ISRO’s Role in India’s Space Program and Debris Mitigation
As India’s premier space agency, the Indian Space Research Organisation (ISRO) spearheads the nation’s space program and space debris mitigation efforts. Recognizing the potential hazards of space debris to spacecraft and satellites, ISRO has taken proactive steps to minimize debris in low Earth orbit (LEO) and contributed to international space debris coordination.
ISRO recently de-orbited the last stage of the Polar Satellite Launch Vehicle (PSLV) C56 mission to safely re-enter Earth’s atmosphere, demonstrating ISRO’s commitment to responsible space operations and debris mitigation. By de-orbiting spent rocket stages and satellites at the end of their useful lives, ISRO helps ensure a sustainable space environment for future missions. ISRO also participates in the Inter- Agency Space Debris Coordination Committee (IADC) to coordinate global space debris mitigation best practices.
Although nascent, ISRO’s space debris removal initiatives aim to tackle existing debris. ISRO has started preliminary research into space debris removal technologies like harpoons, nets, robotic arms to capture space debris and guide them to re-enter the atmosphere. International cooperation on space debris remediation will be crucial given the complexity and cost. ISRO can play a leadership role by partnering with space agencies on debris removal missions and contributing technical expertise.
Domestically, India lacks a comprehensive legal framework on space debris. Regulations on minimizing debris from space missions and mitigating risks from existing debris can strengthen India’s space governance. Laws should also cover debris removal and clarify liability issues. By codifying international best practices into national law, India can demonstrate leadership in long-term space sustainability.
ISRO shoulders significant responsibility in safeguarding India’s space assets and enabling sustainable space exploration. Through continued innovation in debris mitigation and removal, active international cooperation, and progressive space laws, ISRO and India can shape global space governance for future generations. Together with the global space community, ISRO must act to preserve the space environment and advance humanity’s future in space.
Conclusion
As India continues to establish itself as a major space power, its role in shaping international space law and policy is becoming increasingly crucial. Specifically, India must take a proactive stance on space debris mitigation to ensure the long-term sustainability of outer space.
Currently, India follows the Space Debris Mitigation Guidelines of the UN Committee on the Peaceful Uses of Outer Space. However, these guidelines are not legally binding, and India lacks a domestic legal framework specifically addressing space debris. India should work to implement national laws and policies on debris mitigation, especially for mission planning and post-mission disposal of space objects. India must also push for more robust international guidelines and a potential new legally-binding treaty on debris mitigation.
As India’s capabilities and space ambitions grow, so too does its responsibility to preserve the space environment. India has a strategic interest in developing norms for responsible behaviour in space, and it is poised to take a leadership role in global efforts to mitigate space debris. Overall, India’s active participation in shaping laws and policies, both domestic and international, will be essential to safeguarding humanity’s access to space for generations to come.
By taking action to curb debris growth, India can help ensure that outer space remains open and accessible to all. The sustainability of space activities depends on the collective action of spacefaring nations, and India’s cooperation and leadership will be vital in addressing this pressing issue. With prudent management of space debris, India and other space powers can work together to secure humanity’s future in space.
By Rudraksh Gupta
Intern, H.K. Law Offices
[i]Madan, T. (2022, September 1). India’s Space Priorities Are Shifting Toward National Security. Carnegie Endowment for International Peace. https://carnegieendowment.org/2022/09/01/india-s-space-priorities-are-shifting-toward-national-security-pub-87809
[ii]United Nations Office for Outer Space Affairs. (2022). India’s Efforts in Space Debris Management. Committee on the Peaceful Uses of Outer Space: Scientific and Technical Subcommittee, 59th Session, Agenda Item 8. https://www.unoosa.org/documents/pdf/copuos/stsc/2022/19_INDIA_Item8_Indias_efforts_in_Space_Debris_Management.pdf
[iii]Aerospace. (2018). SPACE DEBRIS AND SPACE TRAFFIC MANAGEMENT. The Aerospace Corporation. Retrieved from https://aerospace.org/space-debris
[iv]Doe, J. (2020). Space Policy and Sustainability. RAND Corporation. https://www.rand.org/pubs/monographs/MG1042.html
[v] Indian Space Research Organisation. (2023). Indian Space Policy 2023. https://www.isro.gov.in/media_isro/pdf/IndianSpacePolicy2023.pdf
[vi]National Research Council. (1995). A Space Law and Orbital Debris. In Orbital Debris (pg. 185-189). National Academies Press.
[vii] A/AC.105/C.1/118
[viii] Sample, I. (2023, March 9). Global treaty needed to tackle space debris in Earth’s orbit, say scientists. The Guardian. https://www.theguardian.com/science/2023/mar/09/global-treaty-space-debris-earth-orbit-junk
[ix] A/AC.105/C.1/118
[x] ibid
[xi] Agarwal, A. (2022). Applicable Space Laws in India. LinkedIn. Retrieved from https://www.linkedin.com/pulse/applicable-space-laws-india-apurva-agarwal/
[xii] ibid
[xiii] Doe, J. (2021). Title of the Space Law Article. University of Nebraska-Lincoln. https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1070&context=spacelaw
[xiv] Sakshi Shairwal. December 6 2021. Legal overview of space law in India
. Lexology. Retrieved from https://www.lexology.com/library/detail.aspx?g=4d90359c-b79e-40c3-8d2c-8c9fdf308484
[xv] ibid
[xvi] Desai, A. (2022). Space 4.0: India’s Need for a Comprehensive Legal Framework to Regulate Space. Lexology. https://www.lexology.com/library/detail.aspx?g=4d90359c-b79e-40c3-8d2c-8c9fdf308484
[xvii] Rajagopalan, R. P. (2023). Promoting International Cooperation to Avoid Collisions Between Satellites. Carnegie Endowment for International Peace. https://carnegieendowment.org/2023/09/20/promoting-international-cooperation-to-avoid-collisions-between-satellites-pub-90579p
[xviii] Singh, S. (2022). Managing Space Debris: ISRO De-orbits Last Stage of PSLV-C56. Times of India. https://timesofindia.indiatimes.com/india/managing-space-debris-isro-de-orbits-last-stage-of-pslv-c56/articleshow/102474365.cms
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