McGill Declaration on Active Space Debris

Removal and On-Orbit Satellite Servicing, 12

November 2011*

Ram S. JAKHU**

The third International Interdisciplinary Congress on Space Debris Remediation

held at McGill University’s Institute of Air and Space Law in November 2011 and
attended by a selection of international experts in the fields of natural sciences,
engineering, physics, astrophysics, business, military operations, political science,
international relations and law from Australia, Belgium, Canada, China, France,
India, Italy, Japan, the Netherlands, Switzerland, UK and US:
Recalling the first and second Space Debris Congresses held respectively at
McGill University’s Institute of Air and Space Law in May 2009 and the
University of Cologne’s Institute of Air and Space Law in April 2010.
Noting that orbital debris poses a growing and serious hazard to the
sustainability of space activities and a threat to vital multi-billion dollar space
operations that include space meteorology, space navigation, space
communications, remote sensing, space science and exploration on which the
world now depends;
Noting that presently, the problem of space debris is very pressing given that:
(i) The amount of catalogued trackable space debris objects has increased
from 5,600 objects in 1980 to over 16,000 in 2011 and is continuing to
increase at an alarming rate, and that there are many more pieces of
debris in orbit that are not catalogued or tracked;
(ii) Space debris, particularly in Low Earth Orbit (LEO) and Polar Orbits,
are a mounting hazard to all future space launch operations; and

*
This Declaration is a product of the third International Interdisciplinary Congress on Space Debris
Remediation that was convened at McGill University’s Institute of Air and Space Law on 11 and 12
November 2011 in Montreal, Canada.The Report of the Congress was presented to the 49th Session
of the STSC-COPUOS of the UN in Vienna on Feb. 10, 2012 and has been distributed as a UN
Document number:A/AC.105/C.1/2012/CRP.16 (of Jan. 27, 2012).
**
Associate Professor, Institute of Air and Space Law, Faculty of Law, McGill University, Montreal,
Canada.

Jakhu, Ram S. ‘McGill Declaration on Active Space Debris Removal and On-Orbit Satellite Servicing, 12
November 2011’. Air & Space Law 37, no. 3 (2012): 277–280.
© 2012 Kluwer Law International BV, The Netherlands
278 AIR AND SPACE LAW

(iii) There is increasing evidence that we are near the ‘tipping point’ whereby
the ‘cascade effect’ would make the problem progressively worse and this
would not only be a problem for LEO operations but for all space
activities;
Encouraged by the development of the Space Debris Mitigation Guidelines adopted
by the Inter-Agency Space Debris Coordination Committee as well as the Space
Debris Mitigation Guidelines of the United Nations Committee on the Peaceful
Uses of Outer Space, as endorsed by the General Assembly of the United Nations
in its Resolution 62/217 of 22 December 2007, as an important international
cooperative step towards reducing space debris risks;
Recalling the Treaty on Principles Governing Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies (Outer Space Treaty), the Agreement on the Rescue of Astronauts, the
Return of Astronauts and the Return of Objects Launched into Outer Space
(Rescue and Return Agreement), the Convention on International Liability for
Damage Caused by Space Objects (Liability Convention), and the Convention on
Registration of Objects Launched into Outer Space (Registration Convention);
Recognizing that according to Article I of the Outer Space Treaty, the
exploration and use of outer space is the province of all mankind and outer space
is free for exploration and use by all States without discrimination of any kind, and
that according to Article VI of the Outer Space Treaty, States Parties to the Treaty
shall bear international responsibility for national activities in outer space,
including the activities of their non-governmental entities;
Recognizing that Article VI of the Outer Space Treaty and the Liability
Convention sets out the principles for ascribing liability to the launching State for
damage caused by its space object, including that of its non-governmental entities,
to the space object of another State in outer space and for damage occurring on
the surface of the Earth or to an aircraft in flight;
Recognizing that Article IX of the Outer Space Treaty obliges States to avoid
harmful contamination of outer space during the conduct of studies and
exploratory activities in outer space, and to have due regard to the corresponding
interests of all other States;
Recognizing that the United Nations General Assembly in its Resolution 1721
B (XVI) of 20 December 1961 calls upon States launching objects into Earth’s
orbit or beyond to furnish information promptly to the Secretary General, for the
registration of launches, and that this obligation is codified in the provisions of the
Registration Convention;
Noting that Transparency and Confidence Building Measures are essential to
the success of active debris removal and on-orbit satellite servicing efforts;
 MCGILL DECLARATION ON ACTIVE SPACE DEBRIS REMOVAL 279

Noting that actions so far taken by international and national actors and
institutions to address the problem of space debris have focused mainly on
mitigating the creation of new pieces of debris;
Noting that active removal of space debris is essential to assure the
sustainability of the space environment for productive and peaceful purposes as a
critical element of a comprehensive process that includes judicious and
collaborative mission architectures, diligent and cooperative space situational
awareness, coordinated launch operations, and space system design practices that
emphasize debris minimization and mitigation;
Noting the development and maturity of several concepts and technologies
that will enable the active removal of existing pieces of debris from orbit and the
servicing of satellites in orbit;

Hereby Declares That:

(1) States are encouraged to increase compliance of existing and planned
space systems with space debris mitigation guidelines, requirements and
standards;
(2) Active removal of space debris and on-orbit satellite servicing should
be undertaken by all stakeholders as soon as possible;
(3) The United Nations and other international agencies should work
diligently to complement international conventions, particularly those
dealing with the liability of space activities as well as State jurisdiction
and control over space objects, in order to facilitate the conduct of
active debris removal and on-orbit satellite servicing;
(4) Governments and commercial operators should work actively and
diligently to develop and demonstrate debris removal and on-orbit
satellite servicing technology and missions;
(5) States and satellite operators should cooperate in sharing Space
Situational Awareness (SSA) information on a transparent basis;
(6) Efforts should be made to collect data from, and to provide SSA
services to as many space operators as possible in order to prevent
collisions involving controllable objects;
(7) National governments and competent international bodies should
examine legal and regulatory mechanisms and processes to advance and
facilitate the removal of space debris from orbit and the servicing of
satellites in orbit. These mechanisms and processes should seek to
encourage or commend the following types of actions:
(a) Active removal by launching State(s) of space debris attributable to
them;
280 AIR AND SPACE LAW

(b) Establishment of national or international funds to support the

removal of space debris from orbit and the servicing of satellites in
orbit;
(c) Promulgation of national legislation and regulations to promote
active debris removal and on-orbit satellite servicing; and
(d) Other appropriate actions to advance the expeditious disposal of
space debris and the servicing of satellites in orbit;
(8) States are encouraged to improve upon their levels of compliance with
international obligations for the registration of space objects so as to
allow the identification of space objects that are suitable candidates for
removal and so as to confirm their jurisdiction over, and commit to
their obligation to control, space objects;
(9) Consideration should be given to the idea of establishing national,
bilateral and/or international/intergovernmental entities (preferably on
Public-Private-Partnership basis) whose mandate will be to conduct
active debris removal and on-orbit satellite servicing activities on a
commercial basis;
(10) Consideration should be given to the creation of a Global Economic
Fund for Space Debris Removal to pay for removal service in the long
term (to cover the cost of removal of existing debris plus spacecraft
that fail in orbit);
(11) Debris producing nations should unilaterally take the lead in
voluntarily removing their own debris and servicing their own
satellites in orbit;
(12) Debris removal shall be performed without increasing the safety risk to
the public on ground, at sea, and traveling by air.
Done at Montreal on the Twelfth Day of November of the Year Two Thousand and
Eleven