ABSTRACT
As humanity’s presence in outer space continues to grow, we face two critical challenges: the need to responsibly utilize the resources available in space, and the imperative to mitigate the escalating amount of space debris orbiting our planet. The exploitation of outer space resources holds immense potential, offering economic, scientific, and strategic benefits that could drive innovation and expand our presence beyond Earth. However, the extraction and use of these resources must be carefully managed to ensure sustainability and stop further contamination of the space. Concurrently, the growing problem of space debris presents a serious risk to space operations, both past and present, with the possibility to destroy or seriously harm spacecraft, satellites, and even human lives. This article examines the existing legal frameworks governing space resource utilization and debris mitigation, highlighting the need for international cooperation and the development of comprehensive regulations. Ultimately, this article argues that striking a balance between exploiting outer space resources and mitigating space debris is crucial for increased sustainability of space exploration and utilization. By addressing these dual challenges through a multifaceted approach, we can guarantee that the benefits of space activities are realized while minimizing the risks and environmental impact.
KEYWORDS
Earth, Minerals, Outer space resources, Space debris, Space debris mitigation, Outer Space Treaty
INTRODUCTION
The expedition and utilization of outer space have captured the imagination of humanity for decades, and with good reason. The possible benefits and advantages of space activities are vast, ranging from scientific discoveries and technological advancements to the exploitation of valuable resources and the expansion of human presence beyond Earth. As our capabilities in space continue to grow, so too do the challenges we face in managing this unique environment.
One of the most pressing issues in the realm of space exploration is the dual challenge of outer space resource utilization and space debris mitigation. On one side of the coin, the quest for outer space resources has propelled advancements in technology and scientific understanding. From mining asteroids for rare minerals to harnessing solar power in space, the potential benefits are immense. However, this pursuit must be balanced with responsible practices to prevent the creation of more space debris, which stands as a serious danger to existing satellites, spacecraft, and upcoming missions. Outer space resources and space junk mitigation are two interconnected aspects that require careful consideration to guarantee the sustainable use of space.
RESEARCH METHODOLOGY
The methodology used for this research paper is descriptive in nature and is based on secondary data through journals, research papers, statistical data and articles. To attain the aim of this paper, a qualitative approach was employed. The research is also doctrinal in nature.
REVIEW OF LITERATURE
Economic Analysis Tools for Mineral Projects in Space (2005),[1]
This paper investigates the economic viability of space mining, with a specific focus on asteroids. The authors address technological and financial obstacles, highlighting the importance of major investment and international collaboration.
The exploitation of natural resources of the moon and other celestial bodies: A proposal for a legal regime. (2009),[2]
This article proposes a legal framework for the regulation of space resource utilization and exposes the loopholes within relevant international space law such as the Outer Space Treaty of 1967, which this section demonstrates. He advocates for a new regulatory framework which balances commercial interests with the maintenance of outer space as a common heritage of humankind.
Risks in Space from Orbiting Debris (2006),[3] t
This article discusses the increasing risk posed by space debris and evaluates various mitigation technologies such as active debris removal (ADR) and on-orbit servicing.
By looking at these studies, we can comprehend the complex landscape of outer space resource utilization and debris mitigation, guiding future research and policy development.
OUTER SPACE RESOURCES
Outer space resources refer to the various materials and energy sources that exist in the vast expanse beyond Earth’s atmosphere. These resources have the potential to benefit humanity in numerous ways, from scientific exploration to commercial exploitation. Outer space is not just a void; it’s a treasure trove of resources waiting to be tapped.
Asteroids, mainly Near-Earth Objects (NEOs), are cosmic leftovers from the creation of our solar system. They are rich in minerals like platinum, gold, nickel, and iron, which are becoming increasingly scarce on Earth. Studying the composition and distribution of resources in space, such as minerals, water, and energy sources, can provide valuable insights into the creation and develpment of our solar system. This knowledge can lead to breakthroughs in fields like planetary science, astronomy, and geology.[4]
Extracting and utilizing resources from celestial bodies like asteroids, the Moon, or Mars could potentially provide a sustainable source of materials for future space missions and even support human settlements beyond Earth. Getting components that are essential for Earth’s fundamental sustenance is the primary goal of asteroid mining activities. Eight percent of the asteroids in our solar system are metal-rich (M type), and seventy-five percent are volatile-rich carbonaceous asteroids.[5]
The abundance of valuable minerals on celestial bodies (including lithium, cobalt, nickel, copper, zinc,niobium, lanthanum, europium, tungsten, and gold) is major draw for prospective extraterrestrial mining firms.[6]After all, these metals and mineral resources become rare on Earth, and governments as well as private players have been striving to search for resources from celestial bodies. The quantity of valuable minerals on celestial bodies is a major draw for potential extraterrestrial mining firms. Given the scarcity of such metals and mineral resources on Earth, governments as well as business entities are pressing for a closer look at celestial bodies as potential resource sources.
Countries such as India and China are aiming to mine the Moon to extract Helium-3, regarded as a clean and efficient energy source. It has been demonstrated that this isotope could offer safer nuclear energy in a fusion reactor, as it is non-radioactive and does not produce dangerous waste products.[7] Rocket propellants could be made from the water found in space. Scientists claim that since water exists in space in many forms, it may be collected and electrolyzed to produce hydrogen and oxygen, which are very essential components of rocket fuel.[8] As a result, asteroids could act as extraterrestrial/orbital “gas stations” for upcoming long space voyages, saving the need to carry fuel on one’s own the entire route. This would increase the efficiency and affordability of space travel at the same time.
LEGAL FRAMEWORKS GOVERNING OUTER SPACE RESOURCES
“The Outer Space Treaty(OST) of 1967”, previously called as the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies”, is the basic legal structure for international space law. It has emphasized the core grounds for outer space activities by restricting particular activities and emphasizing facets such as the “common heritage of mankind”.
States are free to access all celestial bodies and explore space “on the basis of equality and in accordance with international law,” according to Article I of the “Outer Space Treaty”. Article II says that outer space, encompassing the Moon and other celestial bodies, are “not subject to national appropriation by claim of sovereignty” through usage, occupation, or any other methods, even though the OST does not explicitly cover “mining” operations.[9] The Moon Agreement of 1979 also prohibits States from using planets and asteroids for commercial purposes unless an international framework is put in place to oversee these activities for the objective of “rational management,” and “expansion of opportunities” in the utilization of these resources. This agreement defines “space” as the “common heritage of mankind.”
Proponents argue that the treaty principle of “national appropriation by claim of sovereignty” is upheld as no sovereign nation is actually claiming jurisdiction over an area of space; rather, it is just a private unit claiming jurisdiction over unique resources. “It is true that, legitimately talking, no country can claim any portion of space as its own, but that doesn’t imply private industry can’t mine resources in space”noted space attorney Frans von der Dunk said.[10]
The first issue is defining accurate rules for mining asteroids. In 2015 the US government introduce the “US Commercial Space Launch Competitiveness Act”, which legalized space mining by permitting private companies to extract materials from the moon and other celestial bodies. The main aim of this enactment was to make clear regulations regarding asteroid mining. The “US Commercial Space Launch Competitiveness Act, 2015” states that “a US citizen engaged in commercial recovery of an asteroid resource or a space resource shall be entitled to any asteroid or space resource obtained.” This act gives US space companies the authority to own, keep, use, and sell celestial remnants as they deem fit. Luxembourg’s laws, which permit mining firms to hold their plunder, are to a great extent comparable to the US Act. The Luxembourg law, in contrast to US law, basically requires a firm to have an office in the nation in order to benefit from its safeguards; important stakeholders do not need to be based there.
“The Outer Space Treaty” in Article 4 outlines principles of peaceful use of the Moon and other celestial bodies, which stresses on complete ban on placing weapons of mass destruction in outer space. Thus, freedom of exploration, peace, international cooperation, scientific research, international consultation, state liability, non-appropriation, state-to-state assistance, and environmental protection of space are outlined in the 1967 space treaty.
The utilization of space resources has several potential advantages. By providing in-situ assets for missions, bringing down dispatch costs, and encouraging the improvement of self-sustaining space economies, it has the potential to entirely transform space exploration.
SPACE DEBRIS
Our expanding dependence on space has resulted in a growing cloud of defunct satellites, rocket parts, and other man-made objects orbiting Earth at alarming speeds. This debris poses a significant threat to operational spacecraft, creating a critical situation – a double-edged sword where the very resources we seek in space are jeopardized by the remnants of our past activities. Space debris, which includes rocket stages, abandoned satellites, and pieces from accidents and explosions, travels fast around the Earth and puts operating spacecraft and personnel at danger. It can originate from satellite collisions, explosions, or intentional releases. There are two main types of space debris: trackable and non-trackable. Trackable debris includes objects larger than 10 cm, while non-trackable debris consists of smaller fragments. The risks of space debris include collisions with operational spacecraft, damage to satellites, and generation of more debris through cascading collisions. The amount of junk in orbit is predicted to grow rapidly as more nations and commercial organizations get involved in space operations. This could result in a series of collisions that produce even more garbage. “The Kessler Syndrome”, which is named after NASA scientist ‘Donald J. Kessler’, paints a worrying picture. This hypothetical scenario suggests that a chain reaction could occur where collisions between debris objects create even more debris, exponentially increasing the risk of future collisions.
Today, space debris represents a significant threat and is considered the foremost environmental issue related to space activities. Currently, millions of fragments of space debris orbit the Earth at speeds reaching several kilometers per second. Space agencies worldwide continue to launch satellites, spacecraft, and various other objects for applications crucial to the advancement of space exploration, communications, defense, and weather forecasting.[11]When space debris approaches Earth in Low Earth Orbit (LEO) or Geostationary Earth Orbit (GEO), it becomes fatal.
SPACE DEBRIS MITIGATION
Space debris is a major threat to space operations, and effective mitigation of this problem calls for a combination of technology and techniques. A few methods for reducing space debris are:
- Debris Tracking:
The process of tracking debris in space is keeping an eye on objects to anticipate possible collisions and evaluate the risk they pose to satellites and spacecraft that are currently in operation. Technologies like large telescopes and radars are utilized in order trace and follow space debris, giving crucial data to satellite operators to prevent collisions and ensure the safety of space missions.[12]
- Active Debris Removal (ADR):
The elimination of big waste items and abandoned satellites from space is suggested to be accomplished through active debris removal (ADR) missions. The intended is to use technologies such as robotic space vehicles to retrieve and extract deceased satellites from orbit. The goal of ADR missions is to lessen the quantity of debris in crucial orbits, which will lower the chance of collisions and increase the sustainability of space operations.[13] Creating and implementing ADR missions is still a difficult and costly task. Improvements in robotics, spacecraft navigation, and rendezvous procedures are critical areas of technological development that will positively impact ADR mission affordability and efficacy.
- Collision Avoidance:
Satellites are maneuvered as part of collision avoidance measures to prevent possible collisions with space debris. Effective collision avoidance systems are essential given the growing quantity of satellites and trash in orbit. For the safety of space assets and to reduce the chance of collisions, improved collision avoidance techniques such as automation, space traffic coordination, and new communication protocols are important.[14]
- Designing for Demise (DfD):
A proactive approach lies in designing new satellites with the end in mind. DfD principles encourage designing satellites that can be safely deorbited after cessation of operations, minimizing their long-term contribution to the debris population.
There are various ideas for removing space debris, including the slingshot method from Texas A.M. University, the electro-dynamic tether approach from JAXA, the drag augmentation method from ESA, and the solar sail propulsion method. The current methods for tracking space debris include “drag augmentation system (DAS), electro-dynamic tether (EDT), contactless removal methods, and contact removal methods”.[15] These methods are employed for capturing and eliminating space debris, a significant challenge given the uncooperative nature of these objects.
The problems pertaining to space debris reduction and removal are growing more intricate and need to be resolved as soon as possible. In order to reduce and eliminate space debris, we must first define it and assess the threats. Second, in order to guarantee that all space operators are making a significant joint effort to minimize debris, we need to establish the proper international norms and procedures. Thirdly, it’s important to recognize that salvage laws encourage both public and private operators to diligently remove space debris.[16]
INTERNATIONAL COLLABORATIONS
The concern of space debris has a worldwide scope. The worldwide space community must present a unified front in response to this global problem. The following explains why global cooperation is essential to dealing with the growing threat posed by space debris:
- Shared Responsibilities: All space faring countries bear some of the burden of the debris issue. Debris orbits the Earth and poses a threat to every functioning spacecraft, regardless of origin, and is not confined by national boundaries. Thus, putting effective mitigation techniques into practice requires teamwork.
- Global Resources and experience: A wide range of resources and experience are needed to combat space debris. Countries can exchange knowledge in fields such as advanced robots for ADR missions, best practices for designing satellites for demise, and debris tracking technology through international collaboration.
- Regional cooperation: In order to promote communication and collaboration on space debris management, the Quad nations (United States, India, Japan, and Australia) established the Space Working Group (SWG), pledging to exchange best practices, coordinate tracking initiatives, and create cooperative mitigation technologies. This highlights how crucial regional cooperation is.[17]
Thoroughly outlined accountability frameworks promote international cooperation and interest alignment. By incorporating accountability into international laws, we can help avoid and reduce space waste, compensate for damages, remove scraps actively, and promote further global coordination. A worldwide solution is needed for the space debris issue. A foundation for international collaboration in space debris mitigation is established by treaties such as the “Outer Space Treaty” and the “Convention on Registration of Objects Launched into Outer Space”. Such agreements promote information sharing about debris tracking and collision avoidance, as well as safe spacefaring practices.
As per Article 4 of the “Outer space treaty”, countries have “international responsibility” for their space operations. This idea can be expanded to hold nations accountable for reducing debris produced by their space programs or by privately owned businesses operating within their borders. Further Article 7 creates “international liability” for governments in the event that damage has occurred due to their space objects. The notion of liability could be used in cases where another operating spacecraft is harmed by the debris of a launching state, even though the emphasis is usually on damage to Earth or other spacecraft.
The “Convention on International Liability for Damage Caused by Space Objects (1972)” clarifies that a launching state is liable for damage caused by its space objects, if debris damages another operational spacecraft. As per Article 3 of the treaty the concept of “fault” is introduced to determine liability, making it more challenging to establish liability for collisions resulted by existing debris, as the origin of such junk might be difficult to pinpoint. The development of non-binding international agreements to manage space debris is the result of international cooperation step, such as those undertaken by the United Nations Committee on the “Peaceful Uses of Outer Space and the Inter-Agency Space Debris Coordination Committee”. These tools highlight the shared responsibility of countries for the efficient management of space debris by offering guidelines and exemplary techniques for its diminishment and elimination.
We can combat the growing threat of space debris by actively watching it, creating cutting-edge cleanup technologies, giving collision avoidance methods first priority, and engineering for controlled demise. To guarantee that space is used sustainably for future generations, cooperation among nations is important.
SUGGESTIONS
Policymakers, industry stakeholders, and the global community must come together to design and carry out plans that effectively balance resource exploitation and debris abatement. These suggestions are
- Governments should adopt and implement stronger regulations to mitigate space debris, such as the “Space Industry Debris Mitigation Recommendations of the World Economic Forum”, in order to guarantee compliance from satellite operators and other stakeholders.[18]
- To enhance the tracking and monitoring of space debris and facilitate more efficient debris removal and collision avoidance, governments ought to allocate resources towards space situational awareness capabilities.
- To lessen the environmental impact of space operations, industry stakeholders should invest in sustainable technologies like active debris removal systems.
- Companies should exchange information and best practices for reducing space debris so as to encourage a sustainable culture within the space industry.
- To accomplish in solving the global problem of space debris, international cooperation is essential. In order to create and put into practice efficient debris mitigation plans, the international community should promote cooperation between governments, industry stakeholders, and other players.
CONCLUSION
The ever increasing presence of space debris poses a crucial threat to the very activities that create it. It jeopardizes future space exploration missions, hinders our ability to utilize space resources, and threatens the critical infrastructure we rely on for communication and navigation. Because resource exploitation and debris mitigation are intertwined, a multimodal strategy is necessary. We can explore the enormous potential that exists beyond our planet and create a safer and more sustainable environment for resource exploitation by actively mitigating debris through technical improvements and responsible spacefaring practices. To achieve this balance and guarantee the ethical and balanced use of space resources for the sake of humanity, international cooperation and concerted efforts will be essential.
SHARIKA PRAVEENKUMAR
KRISTU JAYANTI COLLEGE OF LAW, BENGALURU, KARNATAKA
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[2] FABIO TRONCHETTI, THE EXPLOITATION OF NATURAL RESOURCES OF THE MOON AND OTHER CELESTIAL BODIES: A PROPOSAL FOR A LEGAL REGIME (Martinus Nijhoff Publishers 2009).
[3] J.-C. Liou & N. L. Johnson, Risks in Space from Orbiting Debris,311(5759) SCIENCE, 340(2006).
[4] THE PLANETARY SOCIETY,https://www.planetary.org/articles/space-exploration-is-always-worthwhile (last visited June 13,2024).
[5] MASSACHUSETTS INSTITUTE OF TECHNOLOGY, https://web.mit.edu/12.000/www/m2016/finalwebsite/solutions/asteroids.html (last visited June 13,2024).
[6] Wilmer Giraldo and Jorge Ivan Tobon, Extraterrestrial Minerals and Future Frontiers in Mineral Exploration, 80 DYNA 83,83(2014).
[7] Utpal Bhaskar, Isro Plans to Mine Energy From Moon by 2030 to Help Meet India Needs, LIVEMINT (June 13, 2024, 5:00 PM), https://www.livemint.com/Science/W5WjJCdqqxXYpHvrB2TTHP/Isro-plans-to-mine-energy-from-Moon-by-2030-to-help-meet-Ind.html.
[8] EUROPEAN SPACE AGENCY, https://www.esa.int/Enabling_Support/Preparing_for_the_Future/Space_for_Earth/Energy/Helium-3_mining_on_the_lunar_surface (last visited June 13,2024).
[9] UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS, https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html (last visited June 13,2024).
[10] Mark Kaufman, Luxembourg’s Asteroid Mining is Legal Says Space Law Expert, INVERSE (June 13, 2024, 5:00 PM ), Luxembourg’s Asteroid Mining is Legal, Says Space Law Expert (inverse.com).
[11] Prabhat Singh, Dharmahinder Chand, Sourav Pal & Aadya Mishra, Study of Current Scenario & Removal Methods of Space Debris,10 INT’L J. MECH. & PRODUCTION ENG’G RES. & DEV 223, 224(2020).
[12] THE EUROPEAN SPACE AGENCY, https://www.esa.int/Space_Safety/Space_Debris/Mitigating_space_debris_generation (last visited June 13,2024).
[13] Luca Rossettini, Space Debris: Prevention, Remediation or Mitigation?, SPACENEWS(June 13, 2024, 5:00 PM ), https://spacenews.com/op-ed-space-debris-prevention-remediation-or-mitigation/ .
[14] ibid.
[15] Jian Guo et al, Review and comparison of active space debris capturing and removal methods, 80 PROG. IN AEROSPACE SCI. 18, (2016).
[16] Mark Meegan ,The Pressing Need For Legal Certainty For Space Operators To Mitigate And Removal Space Debris, ESA Space Debris Office,1 (2021) https://conference.sdo.esoc.esa.int/proceedings/sdc8/paper/200/SDC8-paper200.pdf.
[17] Shalini Singh, Cosmic Collision Course: Power Dynamics and Geopolitical Implications of Space Debris Management in the Quadrilateral Security Dialogue Countries, J. Indo-Pac. Aff. 125, 125(2023), https://media.defense.gov/2023/Jun/14/2003241448/-1/-1/1/11%20SINGH_VIEW.PDF/11%20SINGH_VIEW.PDF.
[18] WORLD ECONOMIC FORUM, https://www3.weforum.org/docs/WEF_Space_Industry_Debris_Mitigation_Recommendations_2023.pdf (last visted June 14,2024).