CELESTIAL SOVEREIGNTY AND THE PRECAUTIONARY PRINCIPLE: A LEGAL AND ETHICAL FRAMEWORK FOR ORBITAL DEBRIS MITIGATION IN THE AGE OF AI
CELESTIAL SOVEREIGNTY AND THE PRECAUTIONARY PRINCIPLE: A LEGAL AND ETHICAL FRAMEWORK FOR ORBITAL DEBRIS MITIGATION IN THE AGE OF AI Sukaina Mehdi, Assistant Professor at Vivekananda Institute of Professional Studies – TC, affiliated to GGSIP University (India) Samreen Warsi, Assistant Professor at HILSR, Jamia Hamdard University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.275 With more satellites, observatories and other space assets being deployed continuously, the global space economy has expanded rapidly for technological advancement. It has also resulted in the accumulation of orbital debris, which threatens the long-term sustainability of the near-Earth orbital environment. The issue involves international space law, artificial intelligence and environmental ethics, all of which must be understood collectively to develop a robust regulatory framework for space sustainability. The Supreme Court of India has substantially developed environmental jurisprudence by expanding Article 21 to include the right to clean air, a safe environment and ecological protection. This study argues for extending the precautionary principle and Article 21 of the Indian Constitution to outer space by treating the orbital environment as a shared ecological heritage. AI plays a dual role: it can assist in climate monitoring, space situational awareness and mitigation of risks to orbital assets, while also generating new legal challenges concerning algorithmic accountability in autonomous collision-avoidance manoeuvres. The paper further argues that Extended Producer Responsibility should be applied to satellite manufacturers and operators through legal and financial mandates for de-orbiting end-of-life assets, including de-orbit bonds and Orbital EPR Plans. Applying a pragmatist research paradigm, the paper examines existing ESG regulations and their inadequate consideration of orbital pollution. It finally argues for a Space Sustainability Treaty, supported by a proposed Delhi Declaration on Orbital Sustainability, incorporating AI-driven monitoring and a stewardship-based legal model to ensure that exploration of the final frontier does not repeat the collapse of terrestrial ecological systems.