Critique of the International Law on Protection of the Outer Space Environment

Environmental concerns are an issue for the outer space legal regime. Human activities result in insurmountable amounts of debris, chemical effluents, and radioactive waste carried into the domain of space, which poses a serious threat to future generations and uses of space. Sophisticated technology and the amount of funds required to access space complicate the task of addressing orbital debris. To correct this anomaly, regulation of space activities with a view to making them environmentally sustainable is called for in this article. With this aim in mind, I critically analyze the existing international legal framework, examining its relevance in conserving the space environment. Discovering a slew of irregularities, I endeavor to review each legal instrument in the context of environmental conservation and evaluate their effectiveness. I conclude that the outer space legal regime is acutely ineffectual and reforms are an imperative. The research reveals a plethora of suggestions, which include, inter alia, amendment to Article IX of the Outer Space Treaty, harmonization of international environmental law and space law, and the establishment of an international regime for the removal, maintenance, and servicing of satellites. With such proposals in mind, the need to frame a new space policy or modify the existing framework is emphasized herein.