Chinese Note Verbale raises concerns over close encounters in outer space

10.01.2022

In a Note Verbale addressed to the Secretary-General of the United Nations, China furnishes information on two close encounters between the China Space Station and Starlink satellites.

According to the Note Verbale, the close encounters with SpaceX Starlink satellites Starlink-1095 and Starlink-2305 led the China Space Station to implement preventive collision avoidance manoeuvres on 1 July and 21 October 2021, resepctively. China bases the Note Verbale on Article V of the Outer Space Treaty, which provides that "States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts." The Note Verbale also refers to the responsibility regime for outer space enshrined in Article VI of the Outer Space Treaty. 

The risk of collision in crowded orbits, such as the low Earth orbit, certainly increases due to an ever-growing amount of objects and debris. However, it can well be argued that the US did not violate international law by authorising the launch and operation of Starlink satellites, as the satellites were registered in accordance with international law and continuously supervised. In any event, these recent close encounters serve as another example to illustrate possible dangers for human spaceflight. Similarly, the ISS had to perform 30 debris avoidance manoeuvres during its 23 years in orbit. Therefore, the implementation of a space traffic management system on an international level, as well as stringent measures to mitigate space debris, are essential for the prevention of catastrophic collisions hazardous to human life.