How Space Law Aims to Regulate 'Space Junk' and Protect Earth
by Addison Dunlap, New York University
While life on Earth has been dramatic enough lately, there's also been an unusual amount of news from space in the early months of 2025. So far, debris from SpaceX and Blue Origin rockets has landed in locations including the Bahamas, Florida, Poland, and Turks and Caicos, causing flight delays at airports in Florida. On February 18, NASA estimated that asteroid 2024 YR4 had a 3.1% chance of hitting Earth in 2032—the highest probability of impact ever recorded by the agency—although they later reduced that estimate to 0.004%.
Understanding Space Debris
For decades, asteroids, rockets, satellites, and associated space junk have posed risks to our planet's infrastructure and people. In response, space law has grown into what we know today, starting in the mid-20th century by the United Nations. Shaped by various international resolutions, treaties, and organizations that have been created to regulate these threats, the field has grown in relevance and importance as more countries and private entities pursue activities in space.
Current Legal Frameworks
One of the foundational treaties governing space activities is the Liability Convention of 1972, which stipulates that countries are liable for damages caused by their space objects. The application of this treaty has been limited and challenging, especially as responsibility often shifts among numerous private and government entities.
When some space debris landed in Saskatchewan (in May 2024), SpaceX sent some employees to the farm where the debris landed, and they picked it up and took it away without any intervention by the Canadian government or the US government.
The Threat of Collisions
Damage from space debris does not only pertain to property. While we have no confirmed examples of fatalities caused by falling space debris, the threat exists. Studies have been done to explore the consequences of debris colliding with aircraft, raising significant concerns about safety.
Public Goods and International Collaboration
Discussing responses to potential asteroid impacts, Kingsbury points to a complex interplay of interests. "It's a public goods problem," he explains, pointing out that while the global community benefits from deflecting an asteroid, the costs of implementing such measures typically fall on a small number of players. Countries with larger economies may view the investment as worthwhile, but coordination remains a challenge.
Orbital Debris: A Growing Concern
Low Earth orbit (LEO) is becoming increasingly crowded, posing risks to operational satellites and astronauts on board the International Space Station (ISS). With more satellite launches occurring, debris from defunct satellites and fragments of rocket bodies presents a growing hazard.
International Coordination and Law Enforcement
The coordination of space activities is primarily conducted through bilateral agreements between nations, with international bodies like the United Nations providing frameworks rather than direct oversight. Notably, the U.S. Department of Defense has been the main provider of space tracking information, alerting satellite operators to potential conjunction events where collisions may occur.
Looking Ahead: The Future of Space Law
As space exploration and commercial ventures expand, the need for comprehensive and updated regulations becomes vital. Experts like Wyman advocate for developing a pervading framework that incorporates environmental law principles to manage space effectively and sustainably.
“Space law is about facilitating, organizing, and channeling human activities as they become more intensive off the Earth.” – Benedict Kingsbury
Conclusion
In conclusion, managing space debris and establishing a coherent legal framework is critical not only for the safety of current space missions but also for the wellbeing of life on Earth. As nations and corporations continue to venture into space, collaborative efforts must evolve to include robust legal guidelines to mitigate risks associated with this expanding frontier.
