THE INTERNATIONAL LEGAL REGULATION OF SPACE OBJECT RE-ENTRY AND CHINA'S POSITION

With the exponential growth of low-Earth orbit (LEO) spacecraft, advancements in active space debris removal technologies, and the accelerated commercialization of LEO utilization, the risks of cross-border damage caused by uncontrolled re-entry of space objects have surged significantly. Grounded in the normative frameworks of the Outer Space Treaty and the Liability Convention, this paper systematically examines the structural deficiencies in the current regulatory regime governing re-entry activities through a synthesis of international jurisprudence and state practices. Employing a methodological blend of treaty interpretation, comparative legal analysis, and quantitative studies of re-entry events (including uncontrolled descents of spacecraft), the research identifies three critical normative gaps in the existing system:The outdated definition of "launching State" under Article I of the Liability Convention, which fails to align with contemporary commercial space practices, leading to ambiguities in liability attribution-exemplified by the unresolved responsibility for the uncontrolled re-entry of Space X Falcon 9 rocket debris over Poland (2025);The blurred applicability boundaries between the absolute liability regime (Article II) and fault-based liability (Article III), as evidenced by evidentiary challenges faced by claimant states in cases such as the Cosmos 954 incident (1978);The non-binding nature of the Space Debris Mitigation Guidelines in enforcing re-entry risk prevention, particularly the widespread non-compliance with the internationally recognized 1e-4 risk notification threshold (limiting global casualty risk to 0.0001 per re-entry), as states rarely proactively disclose potential casualty risks during actual re-entry events.To address these issues, this study innovatively proposes a triple legal regulatory framework:Advocating for the adoption of an Optional Protocol to refine the Liability Convention, modernizing the criteria for identifying liable entities;Introducing a two-tiered liability mechanism by integrating the "strict liability-negligence liability" stratification from international aviation law;Promoting multilateral discussions under UN auspices to institutionalize risk transparency obligations, mandating Liability Convention states parties to disclose orbital parameters and contingency plans during re-entry events.The research further delineates China's normative pathway:Domestically, incorporating the 1e-4 risk notification standard into the implementing rules of China's Space Law and enhancing the national re-entry warning platform;Internationally, championing the inclusion of technology assistance clauses in risk notification obligations to establish a common but differentiated responsibility allocation mechanism, while advancing mandatory consultation procedures via the Asia-Pacific Space Cooperation Organization (APSCO).This study demonstrates that the integration of treaty interpretation and soft law instruments can effectively bridge the governance gaps between commercial space activities and existing liability regimes. By anchoring reforms in the "due regard" principle under Article IX of the Outer Space Treaty, the proposed framework offers a Chinese solution for constructing a re-entry regulatory system that balances state interests, commercial viability, and global safety imperatives.