University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Space, Cyber, and Telecommunications Law Program Faculty Publications Law, College of 1992 TOWARDS A EUROPEAN SPACE AGENCY, MARK II? The Space Program of the Former Soviet Union and the Commonwealth of Independent States Frans G. von der Dunk University of Nebraska - Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/spacelaw Part of the Air and Space Law Commons von der Dunk, Frans G., "TOWARDS A EUROPEAN SPACE AGENCY, MARK II? The Space Program of the Former Soviet Union and the Commonwealth of Independent States" (1992). Space, Cyber, and Telecommunications Law Program Faculty Publications. 44. https://digitalcommons.unl.edu/spacelaw/44 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Space, Cyber, and Telecommunications Law Program Faculty Publications by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. von der Dunk in Proceedings of the Thirty-Fourth Colloquium on the Law of Outer Space 172-182 (1992). Copyright 1992, Frans G. von der Dunk. Used by permission. TOWARDS A EUROPEAN SPACE AGENCY, MARK II? The Space Program of the Former Soviet Union and the Commonwealth of Independent States Frans G. von der Dunk Co-Director International Institute of Air and Space Law Leiden University, The Netherlands Member IISL, Member AIAA Abstract 1. Introduction Out of the many historical political events of the last The death blow was dealt to the Soviet Union in few years, in terms of outer space and outer space December 1991. On the 1st of that month, in a law the final demise of the Soviet Union in referendum in the Ukraine, after Russia the most December 1991 no doubt was the most important. important of the Soviet Republics, an overwhelming One of the two superpowers in space disappeared as majority of 90,32 % voted for Ukrainian a state never to return. The fifteen republics independence. Russia and its President Boris Yeltsin formerly comprising the Soviet Union entered the amongst others drew the obvious conclusion that a international community of states more or less in its Soviet Union without the Ukraine was not a viable stead, eleven of them willing - so far - to remain option; and on the 8th of December, in Minsk an together within a framework for cooperation agreement on a Commonwealth of Independent ominously named "Commonwealth of Independent States (CIS) to replace the former Soviet Union was States". concluded by Russia, the Ukraine and Byelorussia.1 As to outer space, nine of those eleven states within Although President of the USSR Mikhael Gorbachev a week of the final demise of the Soviet Union tried to keep whatever was effectively left of the concluded the Minsk Space Agreement. The Soviet Union alive, the other former republics Agreement was in force instantly, which is rather quickly choose sides with the CIS, and eight of them unique and points to the importance attached by the (Georgia in the end not being included) on the 21st states involved to continuation in principle of of December in Alma Ata officially joinded the C1S.2 conducting space activities together. It is in the On Christmas 1991 Gorbachev accepted these framework of this Agreement that the future of the realities and stepped down; exit the Soviet Union, space program of the former Soviet Union is to be enters the Commonwealth of Independent States. analyzed in legal terms, both as to programs already in operation, as to programs which are really only in a phase of development. In this respect comparisons 2. The Soviet Union is dead, long lives the with the European Space Agency have indeed Commonwealth of Independent States: the already been made. Transition Furthermore, as one of the key-elements in the historical events concerning the Soviet Union One of the two superpowers in space, in fact the first consists of the transfer to a sort of capitalist society, a to enter outer space and the first to introduce men glance at the role private enterprise is supposed to into outer space, had thereby disappeared. The play and is allowed to play under the Minsk Space problem is that, despite the suggestion that the role Agreement is in point. Once again, the European of successor would be assigned to the CIS, it actually Space Agency may provide an interesting example. were the fifteen republiCS formerly comprising the Thus, some light might be shed on the question as to Soviet Union which entered the international whether the former Soviet Union will witness the community of states more or less in its stead. The development or creation of a European Space CIS namely is not a state under international law to Agency, Mark II, or a fundamentally different legal any extent, and therefore not in the position for framework for space activities. instance to simply succeed to the former Soviet Copyright ©1992 by author. Published by the American Union's international legal obligations} The CIS is Institute of Aeronautics and Astronautics, Inc. with permission. based on an agreement, the so-called Minsk Released to AIAA to publish in all forms. Agreement of 8 December 1991, as amended by a protocol to that Agreement, the so-called Alma Ata 172 Protocol of 21 December 1991, with High analyzed in legal terms, wherefore an analysis of the Contracting Parties, and not on a Constitution. Minsk Space Agreement is now in point.1 2 This For space endeavours and space law that has analysis is to take place along the lines provided for important consequences. The space industry of the by a few basic elements of that Agreement; notably former Soviet Union was spread over almost the the organizational structure possibly arising from it, whole of the territory of that Soviet Union, in other the programs to be covered by it, the financial words over most of the presently independent framework (both on the expenditure- and on the republics4. Russia is still by far the most important of income-sides), the special question of the those, accounting for the largest part of the industry infrastructure and the use thereof, some specially (heavily concentrated around Moscow moreover) of important issues of space law as far as reflected launchers, satellites, equipment and other items to (and, as far as not reflected, the consequences be used in outer space activities, most ground thereof), and the question of accessions to the tracking stations, spacecraft control centres and Agreement. design bureaus. The Ukraine however has an The Minsk Space Agreement to begin with does not, important space industry too, plus two ground to any extent, create an international organization, tracking stations at Ternopol and Evpatoria. with independent legal personality at least in Kazakhstan is even more important: although muniCipal legal systems and powers distinct from Russia has two launching facilities at Plesetsk and those of the totality of the 'member states'. Yet, an Kapustin Yar, the by far biggest and best placed embryonic structure is present in the Agreement, cosmodrome is that of Bajkonur in Kazakhstan. just as it is the case in the Minsk Agreement on the Other republics are of lesser importance in terms of Commonwealth at large. In view moreover of the space activities, although their existence in principle actual interdependence of the former Soviet Union's for the purpose of space activities must indeed be space endeavours and the resulting acknowledged. interdependence in space activities of the states The falling apart of the Soviet Union and the concerned, a kind of community-of-necessity is important consequences arising therefrom for the existing more or less covered by the framework space industry involved happened to coincide more developed in the Minsk Space Agreement; a or less with another string of developments. Since community of ten states which I will call, for lack of glasnost and perestrojka have been gaining ground better words, the 'Space Commonwealth'. commercialization to a slowly but increasing extent The basis of future space research and exploitation was introduced in the field of space activities.S No within this 'Space Commonwealth' is to be formed by doubt, the tendency thus apparent in Soviet space interstate programs 13, to be coordinated by the industry to commercialize, which inevitably will lead Interstate Space Council14 . This does not mean that to a significant amount of privatization too, will only states can be active in outer space only in the grow stronger in the coming years, due to the framework of the Space Agreement: their right to increasing introduction of capitalist ideas and have independent space programs is explicitly elements in the economy of the former Soviet confirmed 15, although the states pledged to bring at 6 Union , the downgrading of defense as a least all activities concerning rocket technology consequence of the end of the Cold War7 and the within the ambit of the interstate programs16. Then, otherwise prevailing financial and economic all military and dual purpose (meaning both military difficulties making it unlikely for much public and civilian) space research and exploitation money to be spent in outer space - relative to the programs are to be "ensured/assured by the joint extents to which such money used to be spent in the strategic armed forces"17, which is a rather 8 old Soviet Union . ambiguous formula. Finally, as to the activities which are enVisaged indeed under the Space Agreement, a difference is 3. Former Soviets in Space: the Minsk Agreement made here as to "interstate programs for space research and exploitation" in Article 4, and "the Nevertheless, space remains a big issue in the exploitation of existing and the setting up of new republics of the former superpower in space.