The topic of Space Debris in the context of long term sustainability of outer space activities for peaceful purpose, is gaining momentum and raising concerns, due to ever growing human made debris population in outer space. With the increase in the scope of outer space activities driven by vast application areas vis-a-vis increase in number of space-faring nations and related players, the situation warrants certain remediation measures beyond mitigation measures. Cleaning-up of the debris dumped all these years of space activities, is quite imperative. While the concept of Active Debris Removal (ADR), poses many technical challenges in terms of development, demonstration and implementation, it poses certain non-technical challenges to international space community relating to policy aspects, international consensus & collaboration, investment & economic viability and legal issues. Legal challenges include a host of issues such as definitional issues on space debris vis-a-vis space objects, affiliation of ownership and responsibility of space objects/ debris originating from 'launching state', 'state-of-registry', abandonment of space objects & debris, liability issues in the course of disposal activities, enforcement of technology controls & safeguards, intellectual property protection, and on so on. The provisions under UN Treaties on outer space activities such as Space Object, Launching State, State responsibility, Liability, Jurisdiction & Control, due regards and avoidance of harmful interference to others space activities, which indirectly address the problems of space debris could be taken support to address the legal issues associated with topic of ADR. Prevailing UN Guidelines on space debris mitigation are to be implemented by states through national policies and regulations on voluntary basis and hence they are non-binding soft law instruments. Nevertheless, some analogy could be drawn from the Law of Sea (Article 60 and Article 80 of UN Convention on the Law of Sea, 1982), and Nairobi International Convention on the removal of wrecks, 2007, which are very much comparable to the responsibility of a launching state or state of registry in respect of their inactive space objects like defunct spacecraft and rocket bodies and components thereof. The economic dimension of the concept and operation of ADR and associated operational liability issues could be addressed through sharing of burden in an equitable manner. The principle of 'polluters pays' could be applied on the basis of Common but Differentiated Responsibility principle, amongst the space faring nations. ADR activities could be facilitated, monitored and governed by an international body under UN arrangement.
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