Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal

As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology...

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Bibliographic Details
Main Authors: Runggu Prilia Ardes, Ridha Aditya Nugraha
Format: Article
Language:English
Published: Hasanuddin University 2020-12-01
Series:Hasanuddin Law Review
Subjects:
Online Access:http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/2600
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author Runggu Prilia Ardes
Ridha Aditya Nugraha
author_facet Runggu Prilia Ardes
Ridha Aditya Nugraha
author_sort Runggu Prilia Ardes
collection DOAJ
description As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.
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spelling doaj.art-f4fed116b38646d4bb85c564a779d91d2022-12-21T22:31:48ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992020-12-016319921210.20956/halrev.v6i3.2600668Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris RemovalRunggu Prilia Ardes0Ridha Aditya Nugraha1Center for Aerospace Policy Studies, Lembaga Penerbangan dan Antariksa NasionalAir and Space Law Studies - International Business Law Program, Universitas Prasetiya MulyaAs the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/2600liabilityspace debrisspace law
spellingShingle Runggu Prilia Ardes
Ridha Aditya Nugraha
Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal
Hasanuddin Law Review
liability
space debris
space law
title Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal
title_full Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal
title_fullStr Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal
title_full_unstemmed Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal
title_short Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal
title_sort assessing the liability convention and the indonesian space act in light of active debris removal
topic liability
space debris
space law
url http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/2600
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