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A Legal Framework for Outer Space Activities in Malaysia Tunku Intan Mainura Faculty of Law, University Teknologi Mara,40450 Shah Alam, Selangor, Malaysia

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A Legal Framework for Outer Space Activities in Malaysia Tunku Intan Mainura Faculty of Law, University Teknologi Mara,40450 Shah Alam, Selangor, Malaysia International Journal of Scientific Research and Management (IJSRM) ||Volume||06||Issue||04||Pages||SH-2018-81-90||2018|| Website: www.ijsrm.in ISSN (e): 2321-3418 Index Copernicus value (2015): 57.47, (2016):93.67, DOI: 10.18535/ijsrm/v6i4.sh03 A Legal Framework for Outer Space Activities in Malaysia Tunku Intan Mainura Faculty of Law, university teknologi Mara,40450 Shah Alam, Selangor, Malaysia Introduction 7 One common similarity that Malaysia has between and space education programme . In order for itself and the international space programme1 is the Malaysia to ensure that its activities under the year 1957. For Malaysia it was the year of programme of space science and technology can be Independence2 and for the international space effectively undertaken, Malaysia has built space infrastructures, which includes the national programme, the first satellite, Sputnik 1, was 8 launched to outer space by the Soviet Union observatory and remote sensing centres . Activities (USSR)3. That was 56 years ago. Today outer space under the space science and technology programme is familiar territory to states at large and Malaysia is includes the satellite technology activities. Under one of the players in this arena4. Although it has this activity, Malaysia has participated in it by been commented by some writers that ‘Malaysia having six satellites in orbit. Nevertheless, these can be considered as new in space activities, since satellites were not launched from Malaysia’s territory, as Malaysia does not have a launching its first satellite was only launched into orbit in 9 1997’5, nevertheless, it should be highlighted here facility . They were all launched as payloads from that its space activities have grown very rapidly other countries. For example, MeaSAT 1 and since then because in a time span of ten years, in MeaSAT 2 which were the first Malaysian privately 2007 it has sent its first astronaut to the owned satellites were launched aboard an Ariane 6 rocket in January and November 1996 respectively International Space Station . 10 Malaysia’s space activities can be divided into three from Kourou, French Guiana . TiungSAT which main programmes. They are the space science and technology programme, the astronaut programme 7 Malaysia Space Agency’s official web site, <http://www.angkasa.gov.my/welcome/Menu/defau lt.php>. 8 These national observatory and remote sensing centres have the purpose of supervising and 1 Gibson, R., ‘The history of international space monitoring space network frequencies and programmes’, (2007) 23 (3) Space Policy 155. coordinating space networking, providing a 2 Mahathir, M., and Irwan, F., ‘Malaysia's role in platform for Malaysian scientists and international Asian regional cooperation: A look at foreign policy astronomers to do research on space science, and themes’, (2007) 14 (2) Asia-Pacific Review 97. controlling and maintaining the satellite operations. 3 Jackson, N. M., ‘The military ascent into space: Malaysia Space Agency’s official web site, From playground to battleground - The new <http://www.angkasa.gov.my/welcome/Menu/defau uncertain game in the Heavens’, (2005) LII (3) lt.php>. Netherlands International Law Review 461. 9 Since Malaysia actively participates in satellite 4 Brown, F., ‘The changing face of space’, (2007) activities, a proposal has been made by the 23 (2) Space Policy 69. Malaysian government to build its own rocket- 5 Allaudin, M. F., Peter, N., Md Said, M. A. and launching site in the near future. BBC Online, Nor, K., ‘Capacity building for the space sector: <http://news.bbc.co.uk/1/hi/world/asia- Microsatellite as a way forward. The example of the pacific/810057.stm>, ‘Malaysia seeks place in University of Sains Malaysia’, (2005) 57 (2–8) Acta space’. Reported on 28 June 2000. Astronautica 554. 10 The MeaSAT system is the first Malaysian 6 Luo, G., (ed.), ‘Malaysian astronaut blasts into privately owned satellite, operated by Binariang. space’, (2007) 3 (14) Asia-Pacific Space Outlook 8. The MeaSAT system provides the first direct-to- Tunku Intan Mainura, IJSRM Volume 06 Issue 04 April 2018 [www.ijsrm.in] SH-2018-81 was launched in September 2000 and MeaSAT 3 namely the space education programme, Malaysia which was launched in December 2006 were both has activities to encourage the public to be launched from Baikanor, Kazakhstan11. RazakSAT interested in learning about space, by organizing which was launched in July 2009 was launched many events suitable for the public, for example from Omelek Island in the Republic of the Marshal astronaut fashion design and drawing competitions, Islands12. As for the second type of programme carnivals, planetarium shows, and a rocket available in Malaysia, that is the astronaut launching technology challenge 14. programme, on the 10 October 2007, Malaysia has witnessed the departure of its first astronaut, Sheikh programme is borne by the Russian government. Muszaphar Shukor Al Masree, to the International This is due to the fact that this programme is a Space Station13. As for the third programme, project that is the result of an offset agreement between Malaysia and Russia, when Malaysia user (DTU) service in Malaysia, as well as general purchased the Sukhoi-30MKM fighter jets from communications services in an area reaching from Russia. As such, under this agreement the Russian India to Hawaii and from Japan to East Australia. government is responsible for the cost of training Both MeaSAT spacecraft were built by Hughes and sending of two Malaysian astronauts to the Space and Communications Company (HSC) in El International Space Station. See New Straits Times Segundo, California. MEASAT Satellite Systems Online, 29 September 2007, Sdn. Bhd.’s official web site, <http://www.nst.com.my/Current_News/NST/Sund <http://www.measat.com.my/>. ay/Focus/20070929194127/Article>. Malaysia’s 11 TiungSAT 1 is Malaysia’s first national micro government also states that the Malaysian people satellite which was built by Astronautic Technology and the country will gain benefits from this (M) Sdn Bhd (ATSB) and Surrey Satellite programme because the scientific research done in Technology Limited. The purposes of this satellite the International Space Station will contribute are earth observations, scientific Cosmic-Ray greatly in the fields of space medicine, aviation Energy Deposition Experiment (CEDEX) and medicine, life science, environmental science and simple communications applications. Amateur physics. See Malaysia Space Agency’s official web Satellite Organisation’s official web page, site, http://www.angkasa.gov.my/ <http://www.amsat.org/amsat/sats/n7hpr/tiungsat1.h 14 Under the programme of space education, they tml>. As for MeaSAT 3 the information can be include astronaut fashion design and drawing found at MEASAT Satellite Systems Sdn. Bhd.’s competitions, carnivals, planetarium shows, and a official web site, <http://www.measat.com.my/>. rocket launching technology challenge. See 12 RazakSAT is medium-sized aperture camera Malaysia Space Agency’s official web site, satellite, which was developed jointly by http://www.angkasa.gov.my/. Space education is Astronautic Technology (M) Sdn Bhd (ATSB) and also being taught at schools and universities, SaTReCi (SaTReCi Initiative Co Ltd) of Daejeon, whereby they include the teaching of space law in Korea. RazakSAT functions include electro-optical some universities in Malaysia. See Space Law earth observation, telecommunications and space Update, Volume 2, Issue 2, September 2005, United science. The information for RazakSAT can be Nations Office of Outer Space Affairs official found at Amateur Satellite Organisation’s official website, web page, <http://www.unoosa.org/oosa/en/SpaceLaw/spacela <http://www.amsat.org/amsat/sats/n7hpr/tiungsat1.h wupdate/index.html>. As regards to the space tml>. education programme, it should be mentioned that 13 Luo, G., (ed.), ‘Malaysian astronaut blasts into although the activities under the theme of space space’, (2007) 3 (14) Asia-Pacific Space Outlook 8. education do not require an actual legal framework, This astronaut programme however, has been nevertheless the purpose of mentioning it here is for criticised by some of the Malaysian public as the purpose of acknowledging Malaysia’s unnecessary and a waste of public money. See involvement in its space activities. The fact should ‘Comments by Malaysian public about space also be highlighted here that the subject of space is programme of Malaysia’, relatively new for the general public of Malaysia <http://www.malaysiakini.com/news/73524>, ‘Is he because before the programme of space education an astronaut or space tourist?’, reported 12 October was introduced by the Malaysian government, the 2007. In reply, Malaysia’s government has stated public knew very little about space and its benefits. that this astronaut programme does not utilise However, since the introduction of the space public funds as the financial burden of this education programme, many Malaysians are now Tunku Intan Mainura, IJSRM Volume 06 Issue 04 April 2018 [www.ijsrm.in] SH-2018-82 All these programmes and activities are lead by space activities of Malaysia. Furthermore it has also Malaysia’s national space agency, known as been commented that ‘as ANGKASA also holds ANGKASA, a cluster under the Ministry of extensive consultations with other governmental Science, Technology and Innovation (MOSTI). agencies to ensure that there is maximum alignment ANGKASA was established in 2002 with the of the national efforts in terms of education,
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