SPACE DEBRIS AS A GLOBAL COMMONS CHALLENGE: EVALUATING THE ADEQUACY OF THE EXISTING INTERNATIONAL LEGAL REGIME

SPACE DEBRIS AS A GLOBAL COMMONS CHALLENGE: EVALUATING THE ADEQUACY OF THE EXISTING INTERNATIONAL LEGAL REGIME

AUTHOR- SHUBHANG GUPTA* & MR. VATSAL CHAUDHARY**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

** PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

BEST CITATION – SHUBHANG GUPTA & MR. VATSAL CHAUDHARY, SPACE DEBRIS AS A GLOBAL COMMONS CHALLENGE: EVALUATING THE ADEQUACY OF THE EXISTING INTERNATIONAL LEGAL REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 124-129, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The orbital debris problem has become considerably urgent given the manner in which space activities are growing, in particular, with all those mega-constellations and the increasing commercial launches. It is life and death of satellites, astronauts and the sustainability of outer space in the long run. Due to the fact that outer space essentially is a common resource, it would be analogous to a world-wide commons that requires a coordinated mechanism of governance. The following paper will examine the extent to which the space debris is addressed by the current international legal regime with reference to the Outer Space Treaty, the Liability Convention, and the UN COPUOS guidelines. Although the two frameworks present the fundamental principles of responsibilities, liability, and peaceful-use, they are mostly based on the state consent and soft law, which create loopholes when enforced. The point is that the current regime is not sufficient to achieve the new risks, and we have to have more binding obligations, enhanced international cooperation, and the incorporation in the environment law principles to ensure space sustainability.