Zero Debris Charter: Is It Soft Law Enough For Space Sustainability?

It would be breaking news to start this article by saying that a treaty has been approved to address the issue of space debris remediation; instead, we could just say that on 22nd May 2024, twelve states signed the Zero Debris Charter. The Zero Debris Charter is an effort to become debris-neutral in space by 2030. This situation, despite its importance, taking into consideration the low number of states' signatures, reveals the failure of action to protect the space environment, a common good of all mankind. Since the successful launch of the first satellite in 1957, the development of space activities and technological evolution has gone hand in hand to achieve objectives previously considered "science fiction". The commercial exploration of outer space is an undeniable reality with no return. Technological advances have made space into a real opportunity for more and more agents, not only public, but above all private. Furthermore, it has made space exploration no longer a stronghold of the three great space nations - Russia, USA and China, to give way to other protagonists, such as Europe, Japan, Brazil, Paraguay, among others. On the other hand, we have moved from a mostly public investment to an investment increasingly based on private capital, with companies understanding the commercial potential of space. The advantages of this movement to democratize space are undeniable. And, in fact, it is essential to continue to encourage and promote this "freedom of exploration", already idealized in the "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies", 1967 (hereinafter "Space Treaty"). However, this freedom cannot include "freedom to pollute"the natural space environment. During the last few years more satellites have been launched than in the last six decades of space exploration. In consequence, right now, an estimated 130 million pieces of space debris larger than a millimetre are orbiting the Earth, putting active satellites now and in the future at risk. However, up to now no responsibility for deorbiting or removing the debris was incorporated in any of the space related treaties. This consequently raises a series of questions regarding the sustainability of space activity that need to be addressed when the risks inherent to shocks and their consequences, such as the famous "kessler syndrome", become increasingly real. It is therefore urgent to understand how the currently existing legal regime responds to the needs for framing the obligations resulting from sending and controlling a space object into space, on the one hand, and the responsibilities inherent to deorbit or its removal from orbit at the end of its useful life, on the other hand. Therefore, in this article, we will analyse the Space Debris Charter, and understand if the approval of a real treaty (hard law) can be, or not, of crucial importance for the maintenance of peace in Outer Space and on Earth.