# The Legal Framework for Space Debris Remediation as a Tool for Sustainability in Outer Space
## 3 The Definition and Scope of Space Debris Remediation
### The Deficiencies of the Legal Framework Related to Space Debris Remediation (SDR)  
While it is expected that the necessary advanced technology for SDR will become available in the foreseeable future, there are various legal problems that might challenge its practical implementation. The existing treaty law provides some main legal principles which set the legal framework for human activities in outer space. However, instruments for the protection of the space environment from space debris are not specifically provided for. Neither is space debris defined or its production prohibited, nor are the mitigation and remediation of space debris considered in the binding law. Thus, the creation and the non-removal of space debris is not recognized to be an unlawful act. The following deficiencies of law with relation to SDR must be highlighted:  
* It is not yet clear how a substantial risk should be defined so as to decide which fragments should be removed first. Art. II and III of the Registration Convention provide that space objects have to be registered in a national register and be carried on a register maintained by the United Nations General Secretary. Art. IV requires that data describing the name of the launching state(s), the designator of the space object, the date and territory of launch, the general function of the space object, as well as basic orbital parameters of the space objects (nodal period, inclination, apogee and perigee) are provided. However, these elements do not provide for the functionality and current status of the space object and, thus, cannot serve as criteria to determine its eligibility for removal. * The legal framework does not provide standards to decide on whether an object constitutes space debris. Moreover, the legal regime for space activities does not define what space debris is. Therefore, it could be questionable what the criteria to define a space object as debris should be:its functionality, its controllability? For example, it could be aimed at first removing objects which cannot be attributed to a state registry--e.g., because their origin cannot be identified, which would be the case for the majority of small debris fragments. * The question of attribution through registration is closely linked to the jurisdiction of states over their space objects. While outer space and celestial bodies are free from sovereignty, according to Art. VIII of the OST states shall retain jurisdiction and control over the space objects carried on their registry. The notion \"jurisdiction\" means that states withhold the power to legally enforce over their space objects and \"control\" is the factual element which ensures that the possibility to technically control the satellite lies within the state registry. As a consequence, registered space objects can only be subjected to SDR by the state registry itself or with its permission. Another relevant question is how to gain authorization to remove in cases where, for example, the state or registry neither consents to undertake the removal not does it provide authorization to a third party due to security concerns. As there is no legal obligation for states to remove their objects, this seems to be one of the most significant obstacles for SDR. Another case to be addressed is if the state registry is unknown, e.g., because the space object has not been registered or the state registry is not identifiable. Could a state of necessity be applicable in urgent cases so that the removal, even without permission, remain lawful? Self-help in a state of necessity [60; 61] could be invoked to justify measures aiming at \"cleaning-up\" the environment of outer space if the conditions for such justification are given [62], e.g., in order to safeguard an essential interest from a \"grave and imminent peril\". Interests not only of single states, but also of the international community as a whole have been recognized by the International Law Commission (ILC) as a ground to invoke necessity.