# The Legal Framework for Space Debris Remediation as a Tool for Sustainability in Outer Space
## 3 The Definition and Scope of Space Debris Remediation
### SDR and the Role of Non-Binding Instruments  
The lacunae in the binding law regarding effective mechanisms for the protection of the common right to use and explore the outer space environment from the negative consequences of man-made debris have not remained completely unaddressed by the international community. The prevention and reaction against space debris have become a main topic on the agenda of UNCOPUOS, IADC and other organisations that have considered possible mechanisms to impose obligations on states for their non-functional objects. For example, the missing definition and clarification of the legal nature of space debris in the treaties on space law has been taken up by the 2007 UNCOPUOS Space Debris Mitigation Guidelines [65] which provide that space debris are: \"all man-made objects, including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional\". Also, the Space Debris Working Group of ESA has proposed an approach to define space debris by dividing human-made space objects in two categories: (a) functional active satellites under control; and (b) space debris that includes deactivated satellites, rocket upper stages and/or parts thereof, paint flakes etc. Thereby, space debris is characterized by the fact that it is man-made and does not serve any purpose. However, there is no agreement on whether space debris should be considered to be space objects, as per the definition of \"space object\" of Art. I lit. (d) of the Liability Convention and Art. I lit. (c) of the Registration Convention [29], which, as it only clarifies that \"The term'space object' includes component parts of a space object as well as its launch vehicle and parts thereof\", is rather a circular definition. The technical guidelines for space debris mitigation by the IADC, [22] an intergovernmental organisation consisting of 12 national space agencies and ESA [66], as well as the UNCOPUOSGuidelines on Space Debris Mitigation, are applicable to \"mission planning and the operation of newly designed spacecraft and orbital stages and, if possible, to existing ones\". Such measures include: (1) limiting the debris released during normal operations, (2) minimizing of the potential for break-up during operational phases, (3) limiting the probability of accidental collision in orbit, (4) avoidance of intentional destruction and other harmful activities, (5) minimizing potential for post-mission break-ups resulting from stored energy, and (6) limiting the long-term presence of spacecraft and launch vehicle orbital stages in the low-Earth orbit region after the end of their mission [22; 65]. Further non-binding instruments concerning the protection of the outer space environment from space debris were developed in the 2004 European Code of Conduct for Space Activities [20] which is applicable to projects of European space agencies, projects conducted in Europe, as well as by European entities outside Europe and to all space systems and launch vehicles orbiting or intended for orbiting the Earth. The 2014 ESA Space Debris Mitigation Policy for Agency Projects [67] is applicable to the procurement of all ESA space systems and all operations under the responsibility of ESA. Since 2010, in the framework of UNCOPUOS a specific working group has been dedicated to the long-term sustainability of outer space activities. The Working Group has been tasked with formulating guidelines aiming at the long-term sustainable use of outer space. Thereby, current practices, operating procedures, technical standards, and policies relevant to space sustainability are considered as the backdrop to the legal framework governing space activities. A set of \"best practices\" for long-term sustainability in outer space has been drafted [68; 69] and the proposed guidelines are in the process of being finalized [70; 71].