Concerted action is needed to deal with space debris problem

But as space commercialisation grows, so does the problem of space debris. A recent incident in Kenya, where space debris reportedly fell to Earth, has reignited critical discussions about international space law liability and responsibility.  

Under the 1972 Liability Convention adopted by the United Nations, states bear responsibility for their space objects, including debris falling to Earth, such as fragments from defunct satellites or spent rocket stages. Theoretically, the responsible state is required to provide compensation for any harm caused and although the convention provides a framework enforcing claims, determining precise responsibility is complex, especially in cases involving multinational collaborations.

The proliferation of debris has reached alarming levels, with more than 36,000 objects larger than 10 cm being tracked in orbit and millions of smaller fragments posing risks to operational satellites and crewed missions. While governments of the respective states involved have historically borne responsibility for space activities, the entrance of private companies to the space sector has complicated the liability landscape.  

Some countries are already funding programmes to address the growing issue of space debris. The UK Space Agency, for example, has a dedicated space sustainability team and has allocated funding to reducing debris and promoting sustainable practices in space operations. More international collaboration and investment are, however, needed to create a comprehensive and fair solution.

Fortunately, innovative companies like Astroscale are pioneering space debris removal technologies, ultimately enabling a circular economy in space through in-orbit servicing. These efforts are critical to the long-term sustainability of space operations, as collision risks continue to rise. Astrocale’s work shows the role private enterprise can play in complementing government initiatives to maintain a safe orbital environment. 

Beyond technological solutions, international dialogue on space sustainability is gaining momentum. Space debris is on the agenda at trailblazing conferences like Paris Space Week, Space-Comm Expo, and the Niparo Space Sustainability Summit. These events are essential platforms for discussing pressing issues and allowing industry leaders, policymakers, and researchers to share insights, forge partnerships, and propose solutions.

As Scotland further develops as a space sector hub, it has an opportunity to take a leading role in advocating for responsible practices. UK companies and policymakers, including Scotland specifically, can push for greater adherence to international treaties while fostering innovation to tackle debris. Scotland has a dedicated cross-political party group (which I’m proud to be a part of) where government and industry collaborate to support the sector. 

The Kenya incident is a stark reminder of the stakes involved in managing space activities responsibly. Without robust legal frameworks, government support, and innovative private-sector solutions, the space debris problem will continue to grow, jeopardising the very benefits space exploration brings. By working together through funding, technology, and international dialogue, we can ensure space remains a sustainable and safe frontier for generations to come. 

Naomi Pryde heads up DLA Piper’s Litigation and Regulatory practice in Scotland and is global co-chair of the Space Exploration and Innovation practice