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improving the outer space environment and make it more accessible for
everyone. If, as identified by some, the issue of space debris is the most
serious risk for the further utilisation of outer space, then such an issue
needs to be tackled in a way that would allow emerging space powers to
generate less debris through sharing of best practices and upgrading their
technological capabilities.
Bearing in mind the above and stressing the continued need for a solid legal
framework to govern this latest frontier of human activities, the idea of an
ICoC to govern space activities might indeed be useful if it were properly
negotiated in the relevant venues and if it were to abide by the above
principles. The challenge posed to the officials involved in developing this
CoC is to ensure that such principles are built into the proposed draft and,
once the next round of consultations are held, the draft should be submitted
to a proper venue to launch a proper multilateral negotiating process.
The September 16, 2013 version of the proposed draft on ICoC on Outer
Space Activities is still a work in progress. In order to be congruent with the
objectives outlined above, many issues need to be addressed. The following
are some of the issues that need to be addressed in the draft to be able to
garner wider support, as it has the potential to do.
Mitigation and Management of Space Debris
One of the major issues pertaining to the code of conduct is its scope. While
the current draft is said to cover outer space activities, in reality it mainly
focuses on the mitigation and management of space debris. Indeed, Section
II of the current draft, which is entitled “Safety, Security and Sustainability
of Outer Space Activities”, limits itself to space debris. However, in other
parts of the draft, there is an attempt to expand into other unrelated issues.
The end result is at best a patchwork and does not provide a consistent
effort. As such, it might be more pertinent to limit the scope and title of the
proposed Code to the mitigation and management of space debris.
Whereas space debris constitutes the major focus of the Code, the current
draft fails to establish the proper international institution or authority to deal
with the issue. It identifies the steps that subscribing states should seek to
follow to minimise generating space debris (or rather long-lived space debris).
It also stipulates that those states resolve to refrain from any action, which
ICoC: Recommendations for Further Elaboration | www.orfonline.org 47