Abstract
This chapter mentions the space debris, observation, space debris' accidents, and the legal problems on the compensation for space damage caused by space debris and relation to the 1972 Space Liability Convention. Space debris is an enemy for mankind. The author comments on the new Draft for the International Instrument on the Protection of the Earth Environment from Damage Caused by Space Debris and presents his proposal on the new legal frame for the prevention and mitigation of space debris and the damage caused by space debris. Frequently, space debris falls back to the Earth, which poses a potential threat to man's exploration and use of outer space activities. Space debris comprise the ever-increasing amount of inactive space hardware in orbit around the Earth as well as fragments of spacecraft that have broken up, exploded, or otherwise become abandoned. It is the author's firm opinion that only international and regional cooperation could solve the problem of environmental pollution including damage caused by space debris.
Top16.1. Introduction
The busy space activities of some major space powers, space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Frequently, space debris falls back to the earth, which poses a potential threat to man’s exploration and use of outer space activities. Space debris comprise the ever increasing amount of inactive space hardware in orbit around the Earth as well as fragments of spacecraft that have broken up, exploded or otherwise become abandoned.
Space debris has become an official enemy of mankind. We should mitigate and remove space debris in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law in order to safeguard the life and property of mankind and protect the earth’s environment. Space debris has created problems, which all space faring nations should endeavor to solve the problems together, in order to protect the environment of earth as well as space for future space development.
The Convention on International Liability for Damage Caused by Space Objects (hereinafter referred to Liability Convention) of 1972, also known as the Space Liability Convention, is a treaty that expands on the liability rules created in the Outer Space Treaty of 1967.
The Liability Convention composed of 28 articles. I am going to briefly explain and comment the main contents and key issues on the Liability Convention of 1972 in compare with the legal problems space debris. I would like to give particularly also my view on the legal problems of the new Draft for the International Instrument on the Protection of the Environment from Damage Caused by Space Debris,1which was proposed by Prof. Dr. Karl Heinz Böckstiegel (Germany) at the Space Law Committee of the aforementioned 66th Buenos Aires Conference of the International Law Association (ILA) on 16 August 1994. Korea is about to join the ranks of advanced countries in the aerospace field.
Korea sent its first woman astronaut into International Space Station (ISS) on April 2008.2The Naro (나로) Space Center3 is also the first space port to be completed in June 11, 2009 at Woinarodo, Goheung country, Junlanam Province on the southern coast of the South Korea. The launch of Korea's first space rocket was “partially successful” as the satellite aboard the rocket failed to reach the intended low earth orbit (LEO) on August 25, 2009.
Korean professors, researchers and experts of space law, members and experts of the Korea Society of Air & Space Law and Policy have gradually become interested in the legal problems relating to the threat of space debris, they have discussed the matter in depth, studying the causes of the accident which create space debris, and the legal problems of the liability for compensation for damage caused by space debris.
Key Terms in this Chapter
ISRO: Indian Space Research Organization (ISRO) is the national space agency of the Republic of India, headquartered in Bengaluru. It operates under Department of Space (DOS) which is directly overseen by the prime minister of India while chairman of ISRO acts as executive of DOS as well. ISRO is the primary agency in India to perform tasks related to space based applications, space exploration and development of related technologies.
CNSA: China National Space Administration (CNSA) (?????) is the national space agency of China. It is responsible for the national space program [2] and for planning and development of space activities. CNSA and China Aerospace Science and Technology Corporation (CASC) assumed the authority over space development efforts previously held by the Ministry of Aerospace Industry. It is a subordinate agency of the State Administration for Science, Technology and Industry for National Defence (SASTIND), itself a subordinate agency of the Ministry of Industry and Information Technology (MIIT).
KARI: The Korea Aerospace Research Institute (KARI: ?????????) established in 1989, is the aeronautics and space agency of South Korea. Its main laboratories are located in Daejeon, in the Daedeok Science Town. KARI's vision is to continue building upon indigenous launch capabilities, strengthen national safety and public service. The Korean Lunar Exploration Program (KLEP) is divided in two phases. Phase 1 incorporates the launch and operation of a lunar orbiter called Korea Pathfinder Lunar Orbiter (KPLO), which will be the first lunar probe by South Korea, meant to develop and enhance South Korea's technological capabilities, as well as map natural resources from orbit. Phase 2 will include a lunar obiter, a lunar lander, and a rover to be launched together on a KSLV-II South Korean rocket from the Naro Space Center, by 2030.
Naro (??) Space Center: Naro Space Center is a South Korean spaceport in South Jeolla's Goheung County, operated by the state-run Korea Aerospace Research Institute. The spaceport is located about 485 km from south of Seoul, Korea. It supported 4 launches and will also support the KSLV-II launch in 2021, and SSLV launches in 2025.
US Space Surveillance Network (SSN): The United States Space Surveillance Network detects, tracks, catalogs and identifies artificial objects orbiting Earth, e.g. active/inactive satellites, spent rocket bodies, or fragmentation debris. The system is the responsibility of the Joint Functional Component Command for Space, part of the United States Space Force (formerly USSPACECOM (United States Space Command).
JAXA: The Japan Aerospace Exploration Agency (JAXA) (??????????????????, Kokuritsu-kenkyu-kaihatsu-hojin Uchu Koku Kenkyu Kaihatsu Kiko , literally “National Research and Development Agency on Aerospace Research and Development”) is the Japanese national aerospace and space agency. Through the merger of three previously independent organizations, JAXA was formed on 1 October 2003. JAXA is responsible for research, technology development and launch of satellites into orbit, and is involved in many more advanced missions such as asteroid exploration and possible human exploration of the Moon. Its motto is One JAXA and its corporate slogan is Explore to Realize (formerly Reaching for the skies, exploring space ).