Port state control and the sustainability of space: a maritime enforcement paradigm for orbital debris governance

Abstract This paper explores the feasibility of adapting Port State Control (PSC) enforcement mechanisms—originally developed under the Law of the Sea—to the governance of orbital debris in outer space. Using a legal-doctrinal methodology, it analyzes the structural parallels between maritime and space commons and identifies critical enforcement gaps in the current space law regime, particularly under the Outer Space Treaty (1967). Through comparative case studies, including the European Union’s PSC regime and existing national debris mitigation practices, the paper develops a conceptual framework for a “Spaceport State Control” (SpSC) system. This model would enable launch and re-entry facilities to condition access on compliance with international sustainability standards. The analysis concludes that SpSC offers a legally grounded, scalable enforcement paradigm for orbital debris governance and recommends legal integration via national licensing, multilateral coordination, and precautionary regulatory tools. The findings contribute to strengthening the legal architecture of orbital sustainability through cross-domain regulatory innovation.