Ownership of Space Junk in Orbit: An Analysis of Legal Obligations and Prospects for Future Recovery

The debate over who owns space junk in orbit around Earth is complex and hinges on the legal framework established by international treaties. The Outer Space Treaty, which was signed by the United Nations in 1967, dictates that space objects launched into orbit remain under the jurisdiction and control of the state that launched them, even upon return to Earth.

Understanding the Outer Space Treaty

The Outer Space Treaty establishes that a state retains jurisdiction and control over any objects launched into outer space, including any personnel aboard those objects, both while in orbit and upon return to Earth. Specifically, Article VIII of the treaty states that a state retains jurisdiction and control over objects launched into outer space.

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object and over any personnel thereof while in outer space or on a celestial body.

This continuous jurisdiction and control are not affected by the return of the object to Earth. Moreover, the treaty specifies that the ownership of such objects is not altered by their space presence or return to Earth:

Ownership of objects launched into outer spaceincluding objects landed or constructed on a celestial body and of their component parts is not affected by their presence in outer space or on a celestial body or by their return to the Earth.

Key Considerations: Inert vs. Operational Junk

Despite the legal framework established by the Outer Space Treaty, the issue of space junk is multifaceted. Not all items in orbit are inert. Some satellites may be replaced while operational, moved to a parking orbit, or even decommissioned but not fully depleted of function. Such items retain their state's jurisdiction and control as long as the owners on Earth maintain some level of command and control.

If a satellite is replaced before it is completely non-functional and then just moved to a parking orbit, it remains under the jurisdiction of the state that launched it, and cannot be considered abandoned.

Conversely, items such as nuts, bolts, fragments of solar panels, and astronaut gloves that have escaped from satellites and the ongoing activities in space are not controlled, making them free for collection. Similarly, whole satellites that have become uncontrollable, especially those that are tumbling, are legitimate targets for recovery regardless of their original operator.

Admiralty Law and Space Debris Recovery

The concept of salvaging space objects has often been compared to maritime law, specifically the law of finds and pure salvage. However, space is governed by distinct legal principles, primarily assumed to be similar to admiralty law, which is the law of the sea. Under this framework, items that have been abandoned, meaning they are no longer under the control of their original owners, may be considered for recovery.

Items found beyond the limits of the state on whose registry they are carried shall be returned to that state, which shall, upon request, furnish identifying data prior to their return.

The appreciation of salvaging in space is further compounded by the fact that certain space objects, once abandoned, can be treated as abandoned property. However, the legal standing of such objects is still debated, particularly in cases where the original owners have not formally abandoned them.

Challenges and Prospects for Future Recovery

The debate over space junk raises several legal and logistical challenges. Commercial entities interested in engaging in activities resembling salvage in outer space must navigate these complexities. While the legal framework does not explicitly recognize space salvage as it does maritime salvage, the concept remains open to interpretation and could evolve.

Future technological advancements and international cooperation will be crucial in addressing the issue of space debris. Developing methods to safely remove debris and establish clear legal guidelines will be key in mitigating the risks posed by space junk.

In conclusion, the legal landscape surrounding the ownership and recovery of space junk is complex and ever-evolving. While the Outer Space Treaty provides a foundation for jurisdiction and control, the nuances of space law and the realities of abandoned space objects suggest that future recovery efforts will require both legal and practical innovations.