Application of Article 25 of the Draft Articles on Responsibility of States for Internationally Wrongful Acts

As human exploration and use of outer space increases, the problem of space debris becomes more acute. The accumulation of space debris poses a huge threat to the exploration and use of outer space and may also affect the Earth's atmosphere and the environment. International organizations encourage national and non-governmental organizations to take initiatives in removing space debris. However, current international space law does not contain comprehensive rules governing the active removal of space debris of other States, which does not allow establishing the legality of such actions in international law. In the context of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARS), it would be useful to clarify the issue of State responsibility for the active removal of space debris of other States. This article uses the literature review method and the case analysis method. In particular, a detailed analysis of the application of the relevant provisions of ARS was conducted, which provides useful ideas for solving the problem of space debris and regulating space activities. It was noted that it is necessary to improve the legal system and that the active removal of space debris of other States should be discussed on a case-by-case basis. If the country to which the space debris belongs clearly does not consent to other countries to clean up its space debris, then continuing to clean up the space debris of other countries should be determined to be an internationally wrongful act. However, after a country takes the initiative to clean up the space debris of other countries, it can also declare a state of emergency to eliminate the illegality of its actions depending on the specific circumstances, thereby promoting the active participation of countries in cleaning up space debris and protecting the space environment.

space debris, active removal, internationally wrongful acts, state responsibility, legality, low orbit giant constellation, substantial interest, state of necessity, major and imminent danger, balance of benefits