Proceedings of the Workshop - United Nations Office for Outer ...

MAINTAINING THE SPACE ENVIRONMENT 209when no change can reasonably be expected in theseconditions in the foreseeable future.Space debris may result, inter alia, from:Routine space operations including spent stages ofrockets and space vehicles, and hardware re-leasedduring normal manoeuvres.Orbital explosions and satellite breakups, whetherintentional or accidental.Collision-generated debris.Particles and other forms o f pollution ejected, forexample, by solid rocket exhaust.Abandoned satellites.(d) "Environment", for the purposes o f thisInstrument, includes both the outer space and earthenvironments within or beyond national jurisdiction.(e) "Damage" means loss of life, personal injury orother impairment of health, or loss of or damage toproperty o f States or o f persons, natural or juridical, orproperty o f international intergovernmentalorganisations, or any adverse modification of theenvironment o f areas within or beyond nationaljurisdiction or control.Article 2: Scope of ApplicationThe instrument shall be applicable to space debriswhich causes or is likely to cause direct or indirect,instant or delayed damage to the environment, or topersons or objects.Article 3: The General Obligation toCooperate1. States and international organisations parties tothis Instrument shall cooperate directly, and/or throughthe pertinent international organisations, to protect theenvironment and implement this instrument effectively.2. States and international organisations parties tothis Instrument shall take all appropriate measures toprevent, reduce, and control any damage or significantrisk arising from activities under their jurisdiction orcontrol which are likely to produce debris.Article 4: Obligations to Prevent, inform,Consult, and Negotiate in Good FaithStates and international organisations parties to thisInstrument have, in addition to the duties set forth inArticle 3, the following obligations:(a) To cooperate in the prevention o f damage to theenvironment and make every effort to avoid situationsthat may lead to disputes.(b) To cooperate, in accordance with their nationallaws and practices, in promoting the development andexchange of technology to prevent, reduce, and controlspace debris.(c) To encourage and facilitate the flow and exchangeof information o f a scientific, technical, economic,legal, and commercial nature relevant to thisinstrument.(d) To hold consultations when a State, group ofStates or international organisation parties to thisinstrument have reasons to believe that activitiescarried out under their jurisdiction or control, orplanned to be carried out, produce space debris that islikely to cause damage to the environment, or topersons or objects, or significant risk thereto.Any State or international organisation party to thisInstrument may request to hold consultations when ithas reasons to believe that the activity o f another Stateor international organisation party to this Instrumentproduces space debris that is likely to cause damage tothe environment. Refusal to hold consultations, or thebreaking up of such without justification, shall beinterpreted as bad faith.(e) To negotiate in good faith which means, inter alia,not only to hold consultations or talks but also topursue them with a view o f reaching a solution.