Link to paperAbstract:
Space, "the final frontier," has become an attractive, but increasingly risky market for both public and private investments. Gold rush enthusiasm anticipates solutions to the Digital Divide via small low earth orbiting satellites, extraction of valuable minerals from asteroids, a vibrant space launch and tourism industry, and expanding earth observation opportunities. Such entrepreneurial boldness juxtaposes with a severe lag in government oversight, consumer safeguards, and essential operational guardrails. The ambitious plans of Elon Musk and other space entrepreneurs could fail, despite recent market success, as SpaceX’s plans for 148 rocket launches in 2024.
Without substantial refinement of global space treaties and effective national regulation, expanding and imprudent use of space resources could trigger "the tragedy of the commons," rendering the most valuable regions of space unusable. Satellites could collide, or strike orbiting debris at extremely high speeds. Accidental collisions are more likely in a crowded orbital region, such as 200-1200 miles above earth where low earth orbiting satellites operate.
A much more costly calamity can occur when a valuable, fully operational satellite collides with space debris, such as a deactivated satellite and launch stage, or when it becomes a target in a test of anti-satellite (“ASAT”) technology. The likelihood of a space object collisions increases substantially when space faring nations and private ventures do not nudge no longer useful objects upward, farther into deep space, or on a downward trajectory toward earth that would guarantee complete vaporization. The testing and future use of ASAT technology risks “weaponizing” space, despite treaty-level commitments to use it solely for peaceful purposes, benefitting everyone.
This paper explains how national governments have generated or tolerated the proliferation of space debris to potentially dangerous levels of space debris without penalty. The paper provides case study analysis of instances where space debris was generated by space object collisions and tests of anti-satellite technology. It also explains how intergovernmental agreements, such as the five space treaties administered by the United Nations, and the space/spectrum management agreements of the International Telecommunication Union, have not required space debris mitigation, nor sanctioned operators responsible for generating more space debris.
The failure to address and resolve proliferating space debris from ASATs and abandoned space objects will increase the potential for calamities that render space access too risky. The paper identifies how intergovernmental agreements can mandate space debris mitigation, impose sanctions for noncompliance, and create financial incentives for recycling and removing existing debris.