International Institute of Space Law

Article

Proposal of Governmental Compensation for Damages in Orbital Activities Especially for Space Debris Removal

Authors Mihoko Shintani
Author's information

Mihoko Shintani
Partner, Lawyer, TMI Associates, 23rd Floor, Roppongi Hills Mori Tower, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6123, Japan & Attorney-at-Law, Japan Aerospace Exploration Agency (JAXA), Ochanomizu Sola City, 4-6 Kandasurugadai, Chiyoda-ku, Tokyo 101-8008 Japan.
  • Abstract

      My paper advocates for the creation of a legal policy aimed at accelerating the initiation of the “Space Debris Removal Business” as quickly as possible. This policy is focused on government compensation for situations where the damage in outer space exceeds an insured amount. The policy will cover any damage derived from active orbital services, including Space Debris Removal.
      There is a common understanding across the globe that Space Debris Remediation is becoming necessary to keep space activities safe and sustainable. It would be ideal if a core set of laws were applicable to all nations. However, because Space Debris is increasing rapidly, we cannot wait for the formulation of international standards.
      Therefore, I would like to propose a measure to minimize the barriers of entry into the “Space Debris Removal Business,” which features a compulsory insurance and governmental compensation system (by referring the system in the field of rocket launch) to encourage private companies to conduct Space Debris Removal as a part of their core businesses.
      To sum up, until the moment an international rule is established, each country should proceed in haste to implement legislation for eliminating space debris. As industrial technologies develop, I expect to see more nations voluntarily remove broken satellites as well as upper stages of rockets that they themselves launched. I hope to support a burgeoning international debate on this issue.

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