Responsibility Of The Satellite Owner State That Becomes Waste In Space Under The 1967 Space Treaty

Abstract

Space exploration and utilization have increased significantly as more satellites have been launched into Earth orbit. The impact of these activities is the emergence of space debris which has the potential to cause collisions in orbit between space objects, especially between inactive satellites (space debris) and active satellites belonging to other countries that cause losses, with active satellites and trigger Kessler Syndrome. This study aims to analyze the legal status and responsibility of the satellite owner country that has become space junk under the 1967 Space Treaty. This research uses a type of normative juridical research with a legislative approach and a conceptual approach. The results show that although the 1967 Space Treaty does not explicitly regulate space junk, it is still categorized as a space object that falls under the jurisdiction of the launching country under Article VIII. State liability is regulated in Article VI, while liability for damages is regulated in Article VII which is then further regulated in the Liability Convention 1972 with the principle of fault-based liability for losses in space. However, the application of the principle of error is difficult to prove, creating a legal vacuum related to liability for space debris collisions and regulations regarding active space debris cleaning.