An Analysis of Space Debris II: The Space Weaponisation and the Kessler Syndrome

The dual-use capacity of many space assets and technologies is bolstering the weaponisation of space and becoming a great threat to satellites and space-based services. Therefore, the militarisation of space presents security risks and technical, diplomatic and legal challenges. This paper delves into the challenges that weaponisation of space pose to the proliferation of space debris in orbit and the risk of triggering the Kessler Syndrome from a legal perspective. Consequently, this article proposes updating the international legal framework to regulate the behaviour of space actors, restrict the location in space of space weapons and assets as well as to ban certain weapons.

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A Legal Analysis of Space Debris I: The Kessler Syndrome and the Regulation of Space in International Law

The evolution of industrial models applied to space technologies has opened the door to space exploration and activities for smaller states and private actors. This proliferation of actors and the access to launching objects into Earth’s orbit has multiplied the amount of functional and non-functional objects in space, increasing the amount of space debris and the risk of triggering the Kessler Syndrome. This paper is the first of a series of articles analysing this challenge from a legal perspective. In this first part, the purpose is to frame the space debris threat and analyse the regulation of space in International Law.

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