Malgorzata Polkowska, Lomza Academy; Arkadiusz Chimicz, General Command, Polish Armed Forces
Keywords: space debris, space law, SSA, defence, security,
Abstract:
In the era of rapid advancements and heightened interest in commercial and scientific space endeavors, the imperative for a cohesive and comprehensive legal framework to regulate these activities has become increasingly apparent. States like Poland, aspiring to bolster its presence in the global space sector, are confronted with the challenge of devising a national space law. This legislation should not only reflect international standards and obligations but also promote the development of domestic space initiatives. However, all activities of states (including emerging states in space) provide some risks. One of them is space debris. The growing threat of space debris demands urgent action to ensure the sustainability of space activities. This paper analyzes Poland’s role in addressing this challenge, focusing on recent developments in Polish space law concerning space debris mitigation and remediation. It examines the alignment of these laws with European Union (EU) policies and the European Space Agency (ESA) guidelines. Moreover, this paper integrates the efforts of the European Union, particularly through the lens of the European Space Strategy for Security and Defence (including Space Situational Awareness (SSA) which plays a key role in ensuring the security of the European economies, societies, and citizens who rely on space-based capabilities and applications such as communication, navigation and observation applications and related EU documents, showcasing how they influence and shape the requirements for national space laws.
It discusses the EU’s initiatives to enhance space security, space traffic management, and the sustainable use of space resources, emphasizing the strategic importance of space for Europe’s security and defense. The alignment with the EU’s approach provides a broader context for Poland’s national law, ensuring consistency with European space policies, enhancing cooperation within the EU framework, and contributing to the collective effort to address global space challenges. By analyzing these aspects, the article aims to define the legal frameworks that will support Poland in achieving its space ambitions while contributing to global efforts for responsible and sustainable exploration and utilization of outer space.
Purpose: This study aims to comprehensively evaluate Poland’s current space debris mitigation and remediation efforts within its national legal framework and the broader European context. It seeks to identify strengths, potential gaps, and recommendations for improvement in Polish space law to promote the long-term sustainability of space operations.
Methodology: This study employs a combination of qualitative analysis and expert interviews. It will critically examine existing Polish space laws and regulations, relevant EU directives, and documents outlining ESA debris mitigation guidelines. Additionally, interviews with legal scholars, policymakers, and space industry professionals in Poland will provide insights into practical implementation and future directions.
Results: The analysis will produce a detailed assessment of Poland’s legal framework related to space debris. It will identify areas where Polish space law aligns with or diverges from EU and ESA recommendations, and will offer qualitative insights on the effectiveness of current regulations in fostering responsible space practices.
Conclusions: This study will highlight the strengths and weaknesses of Polish space law regarding space debris concerns. It will present specific recommendations to enhance and update Poland’s space legislation, addressing potential gaps and promoting best practices informed by the evolving European and international legal landscape. The paper will advocate for greater harmonization between Polish space law and broader European space policy for effective regional and global debris mitigation efforts. The integration of EU directives and strategies into Polish space law signifies a step towards harmonized legal approaches across Europe, fostering a unified and efficient response to the emerging challenges and opportunities in the space domain. The results of the analysis conducted by the authors may be of importance also for other emerging space jurisdictions.
Date of Conference: September 17-20, 2024
Track: Space Debris