Avoiding the Kessler Effect : An Evaluation of the International Regulation of Space Debris

Abstract: The mass of space debris in orbit around the Earth is growing and will continue to grow due to more frequent launches of satellites and space debris colliding with other space debris. This could lead to a situation in the future where a part, or all, of the orbit becomes so crowded with space debris that it becomes impossible to launch satellites to that region. In the end, it could even become impossible to access outer space at all due to the high risk of collision when travelling through the orbit. The first aim of this thesis is to explore the international regulation regarding space debris and evaluate if the legal regime can successfully be used as a tool to deal with the growing issue of orbital debris. The second aim is to discuss and recommend some possible improvements to the international regulation of space, to promote the sustainability of the Earth orbit as well as legal certainty. It is concluded that the current legal regime is unequipped to handle the issue of space debris. This is because the space treaties are vague and do not impose strict boundaries on the actions of states, and sufficient international customary law has not been developed. To address this issue, several improvements to the regulation of outer space are proposed with the aim of removing the legal uncertainty and providing a flexible framework to address the complex issues space debris creates.