The rapid growth of space exploration stands as one of the most transformative technological developments of the 21st Century. Successful Mars rover missions and launching of spacecrafts have demonstrated the accelerating pace of space exploration.[1] Nations worldwide are vying for a foothold in this expansive domain, launching satellites, sending spacecraft to the Moon and Mars, and building advanced space stations.[2] However, as space becomes increasingly congested, the potential for conflicts, debris, and long-term damage to the space environment continues to increase.[3] Space debris refers to non-functional, human-made objects orbiting Earth, such as spent rocket stages, defunct satellites, and fragments resulting from collisions or disintegration.[4] According to the European Space Agency (“ESA”), more than 40,500 pieces of debris larger than 10 centimeters (“cm”) are currently orbiting Earth.[5] Moreover, an estimated 130 million smaller pieces of debris, each less than 1 cm in size, pose a significant risk to operational satellites.[6] Among the major contributors to this growing problem is China, whose space activities have raised serious concerns about its compliance with the Outer Space Treaty (“OST”) and its role in exacerbating the space debris crisis.[7]
The OST, adopted in 1967, serves as the foundational legal instrument for regulating space exploration.[8] The Treaty was created to prevent the militarization of space, ensure the peaceful use of outer space, and promote international cooperation.[9] The Treaty outlines several key principles that govern the peaceful and responsible use of outer space, including state responsibility, liability, and the prevention of harmful contamination to the space environment.[10] States are responsible for their national space activities, whether conducted by governmental or non-governmental entities, and are liable for any damage caused by their space objects.[11] States must also avoid harmful contamination of space and celestial bodies and should cooperate to prevent such contamination resulting from space activities, such as joint mitigation efforts for debris removal.[12]
In recent years, China has rapidly expanded its space program, achieving significant milestones in civilian applications.[13] These accomplishments include the successful Chang’e-6 mission to the Moon, a key step in China’s lunar exploration program, and the establishment of the Tiangong space station for valuable research.[14] Additionally, China has launched multiple satellites for global communications, navigation, and Earth observation.[15] However, this ambitious expansion of space operations raises questions about China’s adherence to international space law, especially given its growing role as a spacefaring power.[16]
The OST places a clear emphasis on state responsibility and accountability for activities conducted in space, and this is where China’s space activities have come under scrutiny.[17] China’s record of satellite launches, including numerous untracked satellites, has raised concerns about its failure to uphold this responsibility.[18] Untracked satellites are problematic because they can drift into orbits that put other satellites at risk of collision, especially as more objects are added to space.[19] The country’s lack of transparency regarding satellite operations increases the risk of collisions and debris generation, further complicating the management of space debris.[20] The 2007 Anti-Satellite (“ASAT”) test, in which China destroyed one of its own weather satellites, generated thousands of pieces of debris, many of which remain in orbit today.[21] This event not only caused significant environmental damage but also violated Article IX of the OST, which requires states to avoid harmful contamination of space and celestial bodies, yet no concrete enforcement actions were taken.[22] Since the ASAT test, China has continued to contribute to space debris through various satellite launches and the testing of space technologies.[23] In 2021, China issued a statement entitled “China’s Space Program: A 2021 Perspective,” emphasizing its commitment to minimizing space debris.[24] Although the Chinese government has pledged to reduce space debris, its actions suggest a lack of genuine commitment to responsible space activities.[25] The failure to implement measures to actively track, manage, and remove debris further exacerbates the problem.[26]
China’s space activities, particularly its role in contributing to space debris, have faced strong condemnation from international bodies.[27] The United Nations Committee on the Peaceful Uses of Outer Space (“COPUOS”) has repeatedly expressed concerns over space debris and the lack of universal adherence to mitigation guidelines.[28] Additionally, the European Space Agency (“ESA”) has raised concerns about the impact of China’s space operations on debris management.[29] NASA Administrator Bill Nelson, in a statement following China’s launch of a rocket that resulted in uncontrolled debris, noted, “It is clear that China is failing to meet responsible standards regarding their space debris.” [30] This comment reflects growing concern within the international community over China’s disregard for space debris mitigation standards.[31] On June 5, 2012, the European Union (“EU”) officially launched a multilateral diplomatic initiative to discuss and negotiate an International Code of Conduct for Outer Space Activities.[32] China’s reluctance to participate in international discussions about space debris mitigation has hindered progress toward a unified global framework for managing space debris.[33] This absence is troubling, as it highlights China’s failure to adhere to international norms designed to protect the space environment, including the guidelines established by COPUOS for debris mitigation and long-term sustainability in space.[34]
While the OST provides a framework for the peaceful use of space, its lack of enforcement mechanisms remains a significant limitation.[35] The OST relies on voluntary adherence to its principles, without a formal mechanism for enforcing compliance or penalizing violations, which leaves gaps in the regulation of space activities and limits the ability to hold states accountable for actions that threaten the space environment.[36] The United Nations Office for Outer Space Affairs (“UNOOSA”), which oversees the OST, lacks the authority, legal framework, and resources to effectively monitor and intervene in violations.[37] While UNOOSA fosters international cooperation, it cannot impose penalties or take direct action against states that breach the OST, such as China’s creation of space debris through irresponsible satellite launches and military tests.[38] Given the growing threat posed by space debris, it is evident that stronger enforcement of the OST is necessary. One potential solution is the creation of a Space Debris Convention, a binding international agreement that would regulate the creation, tracking, and removal of space debris. Such a convention could complement the OST and provide a more structured approach to debris prevention and establishing a framework for accountability, including regular reporting, adherence to debris mitigation protocols, and penalties for non-compliance, ensuring states like China adhere to international norms and take responsibility for their actions in space.[39]
As space exploration continues to evolve, it is crucial that all nations, including China, work collaboratively to preserve the sustainability of space for future generations. Space is a shared resource, and its preservation is essential not only for current space-faring nations but for future generations who will rely on its resources for scientific discovery, communication, and navigation.[40] Without stronger international cooperation and more robust regulations, we risk creating long-term damage to the space environment.[41] The OST must be reinforced with stronger enforcement mechanisms to ensure that the principles of peaceful and responsible space exploration are upheld. Only then can we ensure that outer space remains a global commons, accessible and safe for all.
[1] See Jessica Taveau, NASA Accelerates Space Exploration, Earth Science for All in 2024, NASA (Apr. 6, 2024), https://www.nasa.gov/news-release/nasa-accelerates-space-exploration-earth-science-for-all-in-2024/.
[2] See Jacob Aron, Space Station Turf War is Coming – Who Will Own Low Earth Orbit, New Scientist, (Apr. 13. 2016), https://www.newscientist.com/article/mg23030694-900-power-reshuffle-nations-are-devising-tactics-for-postiss-space/.
[3] UN General Assembly, First Committee, Outer Space Increasingly ‘Congested, Contested and Competitive,’ First Committee Told as Speakers Urge Legally Binding Document to Prevent Its Militarization, GA/DIS/3487 (Oct. 25, 2013).
[4] Paul Sipiera & Karen Kahler, Space Debris, EBSCO (2024), https://www.ebsco.com/research-starters/astronomy-and-astrophysics/space-debris.
[5] European Space Agency, Space Debris by the Numbers (Jan. 2017), https://www.esa.int/Space_Safety/Space_Debris/Space_debris_by_the_numbers.
[6] See Joseph Kurt, Triumph of the Space Commons: Addressing the Impending Space Debris Crisis Without an International Treaty, 40 WM. & MARY ENVTL. L. & POL’Y REV. 305, 307 (2015).
[7] See Kevin Pollpeter, China’s Role in Making Outer Space More Congested, Contested, and Competitive, CHINA AEROSPACE STUD. INST., Oct. 2021, at 9; Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies art. 1, Jan 27. 1967, 18 U.S.T. 2410, T.I.A.S. No. 6347.
[8] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies art. 1, Jan 27. 1967, 18 U.S.T. 2410, T.I.A.S. No. 6347.
[9] Id.
[10] Id.
[11] Id. at art. 6
[12] Id. at art. 9
[13] Brian Weeden, Test. Before the U.S.-China Economic and Sec. Rev. Comm’n at 8 (May 4. 2023).
[14] Kevin Pollpeter et. al, China’s Space Narrative, CHINA AEROSPACE STUD. INST., Mar. 2019, at 17.
[15] Id.
[16] Id. at 22.
[17] See OST, supra note 8 at art. 1.
[18] See Emily M. Nevala, Waste in Space: Remediating Space Through the Doctrine of Abandonment and the Law of Capture, 66 AM. U. L. REV. 1495, 1497 (2017).
[19] Rep. of the Int’l Interdisc. Cong. on Space Debris, at 16 U.N. Doc. A/AC.105/C.1/2011/CRP.14 (2011).
[20] See Weeden, supra note 13 at 16.
[21] See Navela, supra note 18 at 1497.
[22] See Weeden, supra note 13 at 7; See OST, supra note 8 at art. 1.
[23] See Pollpeter supra note 14 at 10.
[24] China’s Space Program: A 2021 Perspective, CHINA NAT’L SPACE ADMIN., (Jan. 28, 2022), https://www.cnsa.gov.cn/english/n6465645/n6465648/c6813088/content.html.
[25] Id.
[26] See Pollpeter supra note 14 at 39.
[27] See Michael Mineiro, An Assessment of Legal Obligations under Article IX of the Outer Space Treaty, 34 J. OF SPACE. L. 203, 356 (2008).
[28] UNCOPUOS, Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space, (2010), https://www.unoosa.org/pdf/publications/st_space_49E .pdf.
[29] ESA Space Debris Office, ESA’s Annual Space Environment Report, (Mar. 31, 2025), https://www.sdo.esoc.esa.int/environment_report/Space_Environment_Report_latest.pdf.
[30] Bill Nelson, NASA Administrator Statement on Chinese Rocket Debris, NASA (May 6, 2021), https://www.nasa.gov/news-release/nasa-administrator-statement-on-chinese-rocket-debris/#:~:text=%E2%80%9CIt%20is%20clear%20that%20China,sustainability%20of%20outer%20space%20activities.%E2%80%9D.
[31] UNOOSA, Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space, (2010), https://www.unoosa.org/pdf/publications/st_space_49E.pdf.
[32] European Union Press Release A 252/12, EU Launches Negotiations on an International Code of Conduct for Outer Space Activities (June 6, 2012).
[33] See Weeden, supra note 13 at 7.
[34] See Weeden, supra note 13 at 8-10; UNCOPUOS, Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space, (2010), https://www.unoosa.org/pdf/publications/st_space_49E .pdf.
[35] See Chelsea Muñoz-Patchen, Regulating the Space Commons: Treating Space Debris as Abandoned Property in Violation of the Outer Space Treaty, 19. CHI. J. INT’L L. 233, 253 (2018).
[36] See OST, supra note 8 at art. 8.
[37] Roles and Responsibilities, U.N. OFF. OUTER SPACE AFF. (2018), https://perma.cc/SD85-SETU.
[38] Id.
[39] See OST, supra note 8 at art. 8.
[40] Benefits Stemming From Space Exploration, INT’L SPACE EXPLOITATION COORDINATION GRP. (Sept. 2013), https://www.nasa.gov/wp-content/uploads/2015/01/benefits-stemming-from-space-exploration-2013-tagged.pdf?emrc=ca90d1.
[41] See supra note 3.
