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will bring about, directly or indirectly, damage or destruction of space
objects. Nevertheless, it recognises exceptions wherein states may take such
actions that may lead to the damage or destruction of space objects if that is
justified by imperative safety consideration, in particular if human life or
health is at risk, or in order to reduce the creation of space debris (as well as
such actions justified by the Charter of the United Nation including the right
to self defence – which will be discussed later).
The current draft, however, fails to specifically identify what constitutes an
imperative safety consideration, or how to reduce the creation of space
debris. Moreover, it fails to identify who takes a decision that such conditions
truly exist and what course of action is to be taken. Whilst it establishes a
consultation mechanism, it remains voluntary and of an ad-hoc nature
without the ability to take binding decisions.
In the absence of a multilateral authority sanctioning actions for the
common good, exceptions stipulated by the draft Code could be construed
as a license to take unilateral actions instead of serving the aim of the Code
in “creating mutual understanding and trust, helping both to prevent
confrontation and foster national, regional and global security and stability”
(Article 1.3 of the proposed draft). On the contrary, unilateral actions may
lead to disputes (for example, disputes related to the legal ownership of
space debris, especially regarding space objects that may be considered by
some as space debris while claimed by others as national property that may
contain sensitive material), or even actions that may be considered by some
states as belligerent in nature. This is not to argue that there are no situations
wherein an action might be needed or beneficial to deal with a threat, or to
mitigate space debris. However, such decisions need to be taken in a proper
multilateral forum and with participation of all relevant parties.
International Cooperation for Debris Mitigation
As discussed above, the issue of space debris is one of the major challenges
that is affecting the full utilisation of outer space. Space debris already exists
as a result of many decades of launching space objects. Emerging and new
space faring nations thus come into the space age with the space
environment under challenge, without them having contributed to the initial
problem. It is thus essential for any code of conduct that deals with space
debris or any other aspect of regulating the utilisation of outer space not to
48 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities