Search result: 11 articles

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Article

Space Debris: Between Unity and Fragmentation – Risk as a Static Principle with Dynamic Outcomes

Journal International Institute of Space Law, Issue 6 2019
Keywords risk, space object, space debris removal, material environment, social milieu, collision prevention, harmful interference
Authors Ward Munters
AbstractAuthor's information

    This paper analyses the interrelationship between science, risk, international law and the prevention of collisions between space objects, so as to contribute to progressive development of international law and of an epistemic community invested with a common conceptual and terminological apparatus, as well as to examine interrelated juridical and technical obstacles and opportunities regarding the creation of an informed, uniform and therefore, it is posited, more effective regulatory regime.
    To contribute to establishing a common frame of reference, the article presents and explores an analytical and theoretical mapping exercise of some structural contours delineating mutual space object relations, positing the common construction of risk and its collective management as central to the asymptotic realization of uniformity in standards concerning space objects, space debris and its removal, and preventing physical interference or collisions. The paper proceeds from scientific insights into collision risk to uncover the extent of the technical notion of risk in this area before briefly examining how risk management mechanisms operate in international law to produce restrictions or permissions regarding future conduct, activities or incidents. Risk emerges as a ‘static’, i.e. common, principle with ‘dynamic’, i.e. variable, outcomes that may form the normative foundation of a uniform yet highly adaptive regulatory framework – a principle thus particularly suited to protean conditions in orbital space. Finally, some sketches follow of a heuristic device for envisaging the normative and jurisprudential construction of a static risk principle that can correlatively produce the substantively variable permissive rights and restrictive obligations as may attach to space objects, i.e. output, on the basis of evolving material conditions in orbit, i.e. input.


Ward Munters
Institute for International Law and Leuven Centre for Global Governance Studies, KU Leuven, Tiensestraat 41, 3000 Leuven, Belgium.

Chuck Dickey
TCTB, LLC, P. O. Box 591031, Houston, TX 77259.

Martha Mejía-Kaiser
(Mexico/Germany), marthamejiak@aol.com. PhD in Political and Social Sciences (Universidad Nacional Autónoma de México). IISL Member. Co-Chair Manfred Lachs Moot Court Committee, IISL. Independent Researcher. This paper represents the personal opinion of the author and shall not be attributed to any organization with which she is affiliated.
Article

Applicability of Space Debris Mitigation Guidelines

New Legal Developments in the Protection of the Space Environment

Journal International Institute of Space Law, Issue 3 2007
Authors L. Belviso

L. Belviso
Article

Space Debris: A Review of the Current Regulatory Environment

1996 IISL-ECSL Space Law Symposium Held on the Occasion of the 35th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Protection of the Space Environment"

Journal International Institute of Space Law, Issue 5 1996
Authors V. Kopal

V. Kopal

L. Anselmo

B. Bertotti

P. Farinella
Article

UN, U.S., and C.I.S. Space Debris Positions: "Heavenly Junk"

Recent Developments in Space Law with Special Emphasis on Nuclear Power Sources

Journal International Institute of Space Law, Issue 4 1993
Authors E.R. Finch Jr.

E.R. Finch Jr.
Article

Summary of IAA Position Paper on Orbital Debris: Recent Events and Observations

15th IAA-IISL Scientific-Legal Roundtable in Graz, Austria, 1993: "Scientific and Legal Aspects of Space Debris"

Journal International Institute of Space Law, Issue 5 1993
Authors D.S. McKnight

D.S. McKnight
Article

Comments and Discussion

15th IAA-IISL Scientific-Legal Roundtable in Graz, Austria, 1993: "Scientific and Legal Aspects of Space Debris"

Journal International Institute of Space Law, Issue 5 1993
Article

Introductory Note

15th IAA-IISL Scientific-Legal Roundtable in Graz, Austria, 1993: "Scientific and Legal Aspects of Space Debris"

Journal International Institute of Space Law, Issue 5 1993
Authors V. Kopal

V. Kopal
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