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Protecting Earth's Orbital Environment: Policy Tools for Combating Space Debris

Michael R. Migaud

Space Policy, 52

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Earth’s orbital environment is a common-pool resource which has been largely unregulated since the commencement of human space activity in the 20th century. Satellites – both operational and defunct – as well as upper stage rocket bodies have congested orbital patterns and increased the probability of asset conjunctures. The need to minimize waste in space adds requirements to the governance of space and its uses that are evident in a range of types of policy tools, from laws and regulations and procurement requirements at the national level through international treaties and practices. This paper reviews existing literature and discourse on the state of orbital debris regulations and international practices then maps policy tools utilized by the U.S. to address orbital waste and divides such tools into three categories based on their ability to prevent the accumulation of debris in space, mitigate the effects of debris, and defend against waste in space. Additionally, this analysis examines international treaties and standards that promote sustainable activity in space. Finally, this paper evaluates contemporary discourse on proposed next steps for regulation of the planet’s orbital environment and dialogue on the effectiveness of existing orbital debris-related laws, regulations, and international practices. Most laws aimed at minimizing space waste focus on prevention and mitigation. Debris defense policies are limited by economic and technological deficiencies in debris removal capabilities. Advances in policy and technology for monitoring and removing debris in Earth’s orbital environment will have great implications on the amount of risk in future human space activity.

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