## 3 Some Thoughts on Legal Issues Related to Space Debris
Complicating matters is the realization that there is currently no internationally agreed definition of what \"hazardous\" really means! Interestingly enough, space treaties (those mentioned above, as well as others) neither define space debris, nor do they expressly and specifically address it by name. In this case, what organization has the internationally recognized legal authority to say how states should manage the different sorts of hazards posed by space debris, when it is not even called out or given formal standing? Of course, next come the questions regarding who will enforce those specified debris management approaches? How? Regarding debris that falls down to earth, the reality is that most of the debris pieces that re-enter the atmosphere burn up during re-entry. This is especially true of structures and structural materials with relatively low melting points (e.g., aluminum). However, large pieces or small ones made of heat-resistant materials, such as silicon carbide or glass reinforced composites, can land on Earth relatively intact [22]. Because these re-entries, especially for the latter parts of the re-entry process, cannot be controlled, that is, one cannot control the entry flight trajectory, it is not possible to know precisely where such a re-entering piece of debris will make landfall. The (potentially highly contentious) point of interest here is that countries are not obligated to inform each other about imminent atmospheric re-entries. Launching countries are only *recommended* to notify other countries that they may be in danger of the atmospheric re-entry of a space object only if that object contains radioactive materials. Compensation for damage caused by space objects (either falling or in orbit) is discussed in the Liability Convention. There, damage is defined as \"loss of life, personal injury or other impairment of health, or loss of or damage to property of states, or persons, or property of international inter-governmental organizations\". However, no mention is made of what legal and financial framework is to be put in place to assess that damage, how that compensation is to be sought, and how (and by whom) it is to be enforced. Unfortunately (at least, from the perspective of someone who has worked 35+ years developing systems to protect spacecraft and astronauts from the hazards posed by space debris), the OST falls short of a legally binding obligation for countries that launch satellites or other spacecraft into earth orbit to avoid the generation of additional space debris, to minimize the associated risks of orbital space debris, or to reduce the hazard posed by space debris to functional space objects and to humans who live, work, or travel in space. However, the OST does state that countries that launch a space object have \"jurisdiction and control\" over that object. The question naturally arises regarding how long this \"jurisdiction and control\" lasts and what are its ramifications when it comes time to remove a non-functioning satellite or other large piece of space debris from orbit. A number of issues and concerns arise when considering the removal of defunct space objects, especially when the launching country and the removing country are not the same country. Two such issues/questions are noted as follows:  
1. What if a space debris removal mission results in an uncontrollable atmospheric re-entry of the removed object, and then object remnants cause damage to land or property in another country or to aircraft in flight? 2. What if a failed removal operation results in collisions in outer space that, in turn, result in the creation of even more space debris objects?In other words, by trying to make things better, things could actually get worse. If that were to happen, which country should be the one to pay compensation for the ensuing damages or worsening situation? The country that tried to make it better by cleaning things up, or the country whose junk it was that the other country was attempting to remove or clean up?