# The Legal Framework for Space Debris Remediation as a Tool for Sustainability in Outer Space
## 2 Why Space Debris Remediation? The Facts
### The Legal Framework for Space Activities
Limitations are certain exceptions contained in Article I of the OST itself as well as in other treaty provisions of the corpus juris spatialis. Such as, inter alia, the common benefit clause (Art. I para 1 OST), Art. III OST and Article 2 UN Charter, Art. IV para 1 OST, Art. VII OST and Art. 2 and 3 Liability Convention. Some of these limitations are specifically relevant for the sustainable use and exploration of outer space and celestial bodies, and thus for SDR, as sustainability is an indispensable condition for the usability of outer space. It is thereby required that the use of outer space by present generations takes place on the basis of responsibility towards future generations, which is reiterated by the specific nature of outer space as a global common. The notion of the \"province of mankind\"  
In Art I para 1 of the OST and Art. 4 of the Moon Agreement the use and exploration of space and celestial bodies are declared to be the \"province of mankind\". Although no definition of the term \"mankind\" has been provided, this notion is an expression of the equal right of all states (regardless of the fact that they are space-faring or developing countries) and all generations (present and future) in the use and exploration of outer space and celestial bodies [36]. The Common Heritage of Mankind (CHM) concept (Art I para 1 OST, Art. 11 MOON)  
The purpose of this doctrine, which is not restricted only to space law, is the protection of certain areas of great importance outside national territory and ensuring their integrity for future generations. It is reflected the United Nations Convention on the Law of the Sea [37] and can also be found in the Preamble of the Antarctic Treaty [38] without being explicitly mentioned there. As with the province of mankind clause, the notion of CHM brings forward the particular status of outer space as a domain which should be open and preserved for all states and generations. Another important limitation to the freedoms of outer space is contained in Art. IV of the OST. Certain military uses of outer space, such as the placement of nuclear weapons and weapons of mass destruction in orbit around the Earth, their installment as well as the establishment of military bases and the testing of weapons on celestial bodies or their stationing anywhere in space, are prohibited. Furthermore, para 2, Art. IV provides that outer space may be used for \"peaceful purposes only\". While the exact meaning of the term \"peaceful purposes\" is contested, the leading opinion interprets it as non-aggressive, meaning that some military activities are acceptable if exercised lawfully (e.g., the right to self-defence, Art. 51 UN Charter) [39]. This provision is relevant especially as e.g., anti-satellite testing and other military destructive activities can produce a considerable amount of debris. A further limitation is contained in Art. IX of the OST, which is considered the basis for the environmental protection of outer space. By providing that states parties \"shall conduct all their activities in outer space, including the Moon and other celestial bodies, with due regard to the corresponding interests of all other states\" [40], this provision reaffirms the common character of outer space. Furthermore, it provides that the \"harmful contamination\" of outer space and celestial bodies shall be avoided (Art. IX sent. 2 OST) and, in case activities can potentially cause \"harmful interference with activities of other states parties\", consultations should be undertaken before the activity is carried out or continued (Art. IX sent. 3 and 4 OST). Although the concepts used in Art. IX are difficult to define, it expresses the idea that there shall be protection of space activities from all forms of interference that might cause harm or pose a risk of harm to other states [40]. Thereby, Art. IX of the OST contains the principle of co-operation (Art. IX sent. 1 OST) which is also found in Articles III and X of the OST and was further developed in the other four treaties on space law.