SPACE TRAFFIC MANAGEMENT: TOP PRIORITY FOR SAFETY OPERATIONS
“Space Traffic Management is a safety issue that requires international coordination and uniform rules” [1]
Abstract The Outer Space Treaty, as the Magna Charta of Outer Space, should remain untouched and rather than seeking to amend it, new instruments could be introduced that correspondingly address the present legal uncertainties. The absence of an international Space Traffic Management system and the ever-growing need for international cooperation in the conduct of space activities, together with the unprecedented growth of non-governmental entities in the space industry, has brought to light the actual gaps in Space Law and the need for a set of ‘rules of the road’ without which an incident will more probably than not happen. The absence of norms or any standards for the behaviour of launching and operation of space objects makes it difficult to assure the safety of air space for both national and foreign users. Generally, Space Traffic Management has been defined as the set of technical and regulatory provisions for promoting (i) safe access to outer space, (ii) the conduction of operations in outer space, and (iii) the return of space objects from outer space free from interference of any form. This paper shall consequently address selected issues of Space Traffic Management, namely issues that relate to the launching phase and to orbital traffic including collision avoidance and the concept of fault in case of damage caused in outer space. Furthermore, this paper shall strive to present the views on space traffic management in different parts of the world, namely the European Space Agency Study White Paper on the “Implementation of a European Space Traffic Management System” conducted in its behalf by the German Aerospace Center and partner institutions on “Implementation of a European Space Traffic Management System”, the United States “Orbital Traffic Management Study– Final Report prepared for NASA” on 21 November 2016 and the much expected 2nd edition of the International Academy of Astronautics Study, “Space Traffic Management: Towards a Roadmap for Implementation”. Keywords: Space Traffic Management, Space Situational Awareness, Fault, IAA Study.
1. Introduction development of the New Space Industry. However, It could be soundly affirmed that the space sector is the problem is that Space Traffic Management witnessing a period of steep changes in the (STM) has been neither regulated nationally nor perception of the States and the industry. From a internationally which lato sensu means that relatively discrete sector serving mainly security currently there are no self-standing “rules of the applications, science and space exploration, the road”[2] in outer space. The regulatory aspects pose space sector is becoming more and more particular problems and various studies have commercial and the participation of diverse actors addressed them, attracting lots of interest and legal such as non-governmental entities evidenced a shift debates. Thus, the importance of such a system of activities from public to private commercial. In remains to be analyzed further answering to the this context, access to space is no more just a tool following research questions: for pioneering but a demand to support economic growth, mitigate risks and ensure innovations on a) How is the implementation of an Earth. international Space Traffic Management (STM) regime being addressed taking For this reason, the space sector is facing a period account of different approaches of the of regulatory challenges, seeking policy and United States (U.S.), European Space regulatory solutions for the recurrent questions of Agency (ESA) and the International the industry. The most debated issues are: (i) Small Academy of Astronautics (IAA)? satellite business such as the surge of b) What is the role of Space Situational Megaconstellations; (ii) Reusable rockets; (iii) Awareness (SSA) regime in the regulatory Space Mining; (iv) Commercial human space flight framework of an international Space and (v) Space Debris and mitigation measures. The Traffic Management (STM)? regulatory concern linking all these activities could c) Is it helpful to address the notion of fault in be covered under the concept of Space Traffic case of a collision in outer space from the Management (STM) which could be regarded a Space Traffic Management (STM) regime concept addressing mainly safety operations to, in point of view? and from outer space. 2. The concept of Space Traffic Over the last decade, the Space Traffic Management Management (STM) concept has slowly but The United Nations (UN) treaties among which the steadily evolved and gained relevance for outer Outer Space Treaty (1967), the Liability space activities especially due to the strong Convention (1972) and the Registration Convention
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(1975) do not restrict a legal regulation of a Space published ten years after the first study but finally Traffic Management (STM) regime but neither approved in April 2017 and delayed its publication provide solutions for its implementation. Thus, it for later this year. [6] could be concluded that the Corpus Iuris Spatialis allows the space sector to come with solutions for 2.2. Orbital Traffic Management Study – Final implementing the Space Traffic Management Report (STM) regime in order to address the concerns of The 2016 “Orbital Traffic Management Study - the New Space Industry. Final Report” prepared for National Aeronautics and space Administration (NASA) Headquarters, Traditionally, it was acknowledged that space by Science Applications International Corporation traffic already happens “however minuscule with (SAIC) does not contain a definition of Space regard to the dimension of near-Earth outer space” Traffic Management (STM). A definition is questioning thus the relevance of such a regime. provided neither for orbital traffic management nor [3,4] More than 10 years ago, the STM concept was for space traffic management, but only for Space introduced to the international community and was Traffic Safety, described as: “freedom from those not considered a priority from the regulatory point conditions in orbital space that may lead to of view. Due to the steady growth in the space incidents resulting in harm (death or injury to sector, the situation could be regarded as different astronauts and spaceflight participants, damage to in 2017. Up to this moment, several efforts were public welfare, damage or loss of spacecraft, made to bring more attention to this topic, for interference to spacecraft).Incidents of specific instance, the UNCOPUOS Legal subcommittee concern are collisions or orbital breakups”.[7] As approval in 2015 to add STM as an agenda item in the Study focuses on developing a national system 2016.[5] The concept of Space Traffic Management than an international regime, it seems that is has (STM) could be described by making reference to been preferred the word safety than management, several studies which proposed introducing and which could be interpreted as a concern of the researching this concept, representing the views in authors as regards the implications of such a different parts of the world: regime. The Study argues that: “use of the phrase “space traffic management” is problematic, in that 2.1. Cosmic Study on Space Traffic it implies centralized command and control (...) Management also creates a direct analog to “air traffic The 2006 Cosmic Study on Space Traffic management”. It can be concluded that through the Management conducted by the International above mentioned definition, the U.S. system Academy of Astronautics (IAA) defines Space proposes at this point to support a strong national Traffic Management (STM) as: “the set of system, questioning the efforts to implement a technical and regulatory provisions for promoting future international system where a possible safe access into outer space, operations in outer international institution, whether one which already space and return from outer space to Earth free exists such as the International Civil aviation from physical or radio-frequency interference”. Organization (ICAO) or one to be established, such as an International Space Organization could The 2006 IAA “Cosmic Study on Space Traffic manage the outer space traffic at international level. Management” is a multi-disciplinary approach representing the first comprehensive study about The 2016 Orbital Traffic Management Study – STM. [4] The aim of the Study was to provide a Final Report to NASA, supports the idea of a conceptual view and to identify the areas where national framework for space traffic management further research related to STM was needed. The applicable for the US Governmental and non- main idea of the Study was that the Space activities Governmental entities. This framework proposes to have to be regarded as a space traffic system and introduce STM as part of a future civil agency that not as disconnected activities. However, STM was will “best balance the needs for safety, national described to require “a roadmap for a research security and economic interest”.[7] In this context, program, identifying areas where further research it proposes to maintain the military information to is necessary” in the context that States where at a be administrated by the U.S. Department of point where it was premature to accept discussions Defense (DoD) and other entities, and the civil about a regulation that would limit their freedom. public or private to be provided under the rules of This Study has been regarded as very useful but the civil agency. The future civil agency is currently, could be considered that adjustments considered to be “the quickest and most affordable would be necessary to address the recent way” [7] to implement a framework allowing challenges. multilateral gathering and sharing of data. Additionally, the civil agency will be provided with The 2006 Study represents the basis for the IAA liability indemnification and will develop Study “STM: Towards a Roadmap for interagency coordination procedures. Implementation” which was expected to be
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Overall, the Study presents five Frameworks as regulation could put under question the legality of alternatives to implement a STM regime through a the operations on the other actors in space traffic. civil-agency, each of them addressing three categories: (i) Policy Domain – related to data It could be concluded that through the future civil sharing, best practices, guidelines, standards, rules agency, the U.S. aims to keep the command and and regulations; (ii) Technology Domain – related control at national level but allow others to to products and services to private and foreign participate with data and develop a cost-effective space operators; (iii) Operations Domain – related model for civil operations. However, the products to SSA operators and developing operational and services would remain free of charge, in an processes and procedures: [7] (i) Private Space advisory role. The Study states that the ability of a Traffic Safety Monitoring and Coordination; (ii) Framework to mitigate incidents is limited and that DOD-Based Space traffic Safety Monitoring and the “the Outer Space Treaty provides no authority Data Sharing; (iii) Civil-Based Space Traffic Safety for a State Party to regulate the outer space Monitoring and Facilitation; (iv) Civil-Based Space activities of any entities not affiliated with that State Traffic Monitoring and Coordination; (v) Civil- Party”. Overall, this could put under question the Based Space Traffic Management. From the five ability of a national system, even civil regulated, to framework alternatives, the third “Civil-Based become internationally accepted and feasible in Space Traffic Safety Monitoring and Facilitation” promoting an international STM regime. However, and the forth “Civil-Based Space Traffic promoting a standard of care that could be Monitoring and Coordination” have received the discussed internationally will represent an option most positive assessment criteria. Firstly, regarding for the States to voluntarily adhere to such a system the ability to ensure safety of operations in outer and make use of it in case of a collision avoidance space, these two options would enable informed procedure. decision-making due to a regulatory framework which allows a rapid development and 2.3. Implementation of a European Space implementation of diversified SSA sensors. Traffic Management System Secondly, it was mentioned that these frameworks The 2017 German Aerospace Center (DLR) White would provide more certainty to startups of Space paper on the “Implementation of a European Space Traffic Safety related to licensing requirements. Traffic Management System” defines Space Traffic Management (STM) as: “Execution of all necessary The aim of the proposed civil agency has been Managing and Monitoring & Control Operations described to: (i) “ facilitate (...) development of (including routine and contingency scenarios) to codified best practices”; (ii)“become a trusted ensure safe ballistic travel of manned and open source of SSA data”; (iii) “develop data- unmanned Suborbital Space Vehicles (SSVs) and sharing relationships with international owner- spaceplanes through Near-Earth space and operators and partners”; (iv) “promote (...) airspace under consideration of the existing commerce in orbital space”; (v) “use a business European Air Traffic Management System and approach for providing SSA products”; (vi) Infrastructure.” “interface appropriately with all interagency partners”. Aiming to offer codified best practices Mentioning the 2017 DLR White Paper “On the would mean that a number of domestic private implementation of a European Space Traffic owner-operators should adhere to such a system Management System”, [8] the Study consists of 3 and make us of the data. But the system would be volumes and apprehends the imminent development also open for foreign operators which could help of a global commercial space travel market and the disseminate internationally the procedures which need for a STM regime to address safety and were nationally developed. It would be expected support “integration of space vehicles into the daily that in this context, other spacefaring nations to air traffic flow”. This Study desires to be regarded prefer legislate their own procedures but make use as a roadmap for the implementation of a European of the data provided by the U.S. From another point STM, focusing its attention on suborbital point-to- of view, by promoting a national STM regime and point transportation. In the first volume, the not adhering to the collision avoidance maneuver research has identified the top 10 pressing issues system by other foreign actors in space will give regarding the implementation of a European STM rise to lots of uncertainties in case of a Court case. regime, mentioned in Table 5 of the Study. The In such a case, it would be possible for the judge to second Volume researches upon the Safety and advantage the State that has put in place such a Reliability strategy while the third volume contains system. A court would have the elements to reason the technical Requirements. on the due diligence taken by the U.S. in avoiding the risk of collision while others participants in This study conducted by DRL and partner institutes traffic will have to explain why did not adhere to in behalf of the European Space Agency (ESA) such a system. A precedent of such national could be regarded as the most complex study on STM addressing solely the European level.
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2.4. Space Traffic Management: Towards a Various publications have addressed Space Traffic Roadmap for Implementation Management (STM) and analyzed the objectives of Finally, it is expected that the 2017 IAA Study such a system. For instance, the STM concept was would offer more details on how to overcome the described as “to provide appropriate means so that regulatory barriers by proposing a “Roadmap for space activities can be conducted without harmful implementation”. The study is expected to contain interference”[3] and that “Mainly space traffic more details of a future instrument to support consists of the motion and the interaction of space elements of the STM regime. [9] While debris, space vehicles and the use of the radio approaching international cooperation is considered frequency spectrum in outer space” [10] putting as a “conditio sine qua non” for management of into discussion the role of the International Civil space [9] and also as a sustainable development of Aviation Organization (ICAO) and the International space activities, the Study proposes to adjust the Telecommunication Union (ITU). Both views concept of STM in order to tackle the current support the idea that a Space Traffic Management advancements in space activities, the diversification (STM) should be necessary in relation to space and growth of actors and how would such a regime objects and space debris, but also in addition to the contribute to the regulatory framework of space frequency spectrum allocation regarding orbital law. slots and orbital planes approved by the International Telecommunication Union (ITU). In comparison with the 2006 Study which addressed the STM up to 2020, the new Study will In his visionary contribution to the STM concept, cover the activities until 2030. Following the Professor Dr. Kai-Uwe Schrogl considered in 2007 objective to cover this period and given the fact that that STM will be more than only the sum of it was said that implementation could take an existing regimes for specific areas “like the ITU estimated 15 years from the political acceptance of regulations on using the orbit/frequency spectrum a comprehensive STM regime, it could be of the GSO or the emerging space debris mitigation reasonably assessed that the new Study would regime developed in IADC or even the rocket propose a regime to enter in force in 2035. launch notification regime of the HCOC”. [4] This is the reason why, Dr. Schrogl concluded that the It was also mentioned that a STM regime could be “STM will develop all provisions in one coherent established through (i) a bottom-up approach or a way from the overarching principle of guaranteeing (ii) top-down approach.[9] Regarding the first safe operations in the space traffic system” option, it was mentioned that elements of the envisioning the need for a single international bottom-up approach are already in place today, instrument to address STM, with reference to the meaning that STM elements exist and are divided “Outer Space Convention” mentioned in the 2006 into different categories, such as: (i) development Study. [4] In addition, Space Traffic Management of SSA capabilities; (ii) Space Debris mitigation (STM) has been considered an “evolutionary step guidelines developed by UN and the Inter-Agency away from the
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Management (STM) should address a number of monitoring efforts into a holistic European Space elements such as: (i) SSA; (ii) a Notification Traffic Management concept and develop a system; (iii) Concrete traffic rules and (iv) roadmap for its implementation”. However, the Mechanism for implementation. [4, 13] Reference Study does not define the concept of SSA and do to the elements of STM includes a standard of care not allocate any chapter for explaining its and addresses space debris and harmful interference importance for a European Space Traffic as well. Management (STM) regime. Reference to SSA is only made at the beginning of the first Volume of 3. Space Situational Awareness the Study without making any further reference. In 3.1. Overview such conditions, even if the relevance of such The Space Situational Awareness (SSA) is the notion for this Study is without doubt, it could be system which includes “the ability to detect, track put under question the progress at the European and identify potential hazards in space” level in providing this kind of information. It would determining “the movement and motives of objects have been necessary for the Study to show the in space” which “is critical to protecting (...) space progress of such a system and relevance in regard to assets”.[14] The SSA was also referred the STM regime in order to create a solid base to interchangeably as Space Surveillance Capability adhere and support a future international STM and described to “providing around-the-clock regime. visibility to detect distant space objects without interference from weather, atmosphere or time of The European Space Agency (ESA) has developed day”.[14] a Space Situational Awareness Programme which was formally launched in 2009. On this basis, ESA A definition of SSA is provided by the Orbital has established to carry out SSA activities in Traffic Management Study – Final Report for domains such as Space Debris, Space Weather and NASA in Chapter 1.1 named “Definition of terms”. Near Earth Objects.[15] As part of the three main SSA is defined as “the requisite decision-making areas, the “Space Surveillance and Tracking” (SST) knowledge to deter, predict, avoid, operate through, segment refers to Space Debris and was defined as recover from, or attribute cause to the loss, “The ability to detect and predict the movement of disruption, or degradation of space services, space debris in orbit around the Earth”. The capabilities, or activities, including space traffic current SSA Programme was established until 2020 safety hazards”. This definition support the legal and it is expected that ESA would manage the SSA base of a STM regime implemented by the 2006 capabilities in behalf of the Member States. Cosmic Study for safe activities to, in and from outer space, free from any interference. In conclusion, from the variety of Space Situational Awareness (SSA) definitions it could result that The 2006 Cosmic Study does not contain any such a system was only recently proposed to the reference to Space Situational Awareness (SSA) international community. The fact that SSA was and the lack of a definition could be interpreted that initially developed as a defense military system for such notion was not ready at that point to address monitoring the near earth space and predict orbital the Space Traffic Management regime. However, in events could explain the lack of harmonization but Chapter 2 of the Study, point 2.1.7 entitled as the purpose of space activities has changed, SSA “Monitoring of Artificial Space Objects”, reference has currently been identified as to “fill the gap was made to the methods of tracking a satellite and between space risks and information”. [15] It was summary mentioned the US Space Surveillance would be desirable to harmonize this concept and Network (SSN) and the Russian Space Surveillance implement it at the international level. System (SSS) together with the catalogues developed by each of them. Reference is also made In addition, the current problem of SSA is that to the database developed by the European Space having data is not enough. It is very important how Agency (ESA), however, without mentioning other this data is used, to who is these data shared and if details. The lack of SSA concept from this Study these data is multilaterally accepted. Transparency should be solved by the new IAA Study “Towards was identified as the biggest challenge of a SSA a Roadmap for implementation” and extensively system regarding an international STM regime.[16] addressed to present the relevance of the notion for Currently, the information could be challenged by an international STM regime. countries that did not adhere to such a system and thus, the lack of an international SSA regime puts The German Aerospace Center (DRL) White Paper in difficulty operations that relate to the registration makes reference to the European Space Agency`s of satellites and frequency assignments. For (ESA) Space Situational Awareness (SSA) instance, it could be regarded as challenging for the Programme and proposes to “investigate how to ITU to maintain the Master International Frequency integrate ESA’s Space Situational Awareness (SSA) Register (MIFR) and detect paper satellites in absence of an international recognized SSA system.
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Only a multilateral access to an international SSA Another example is the European Space Agency system could address the factor of diversification satellite Sentinel-1A which suffered an impact from and the increased risk of harmful interference and debris to one of its solar panels. Such an incident collision in the congested corridors of outer space. made the Head of the Space Debris Office at ESA [7] It was already assessed that access and sharing Darmstadt Germany, Holger Krag, to note that of SSA data may be perceived as a precondition to “Such hits, caused by particles of millimeter size, any international STM. Prof. Dr. Kai –Uwe Schrogl are not unexpected. These very small objects are stated that “In order to manage traffic, a sound not trackable from the ground because only objects information basis regarding space situational greater than about 5 cm can usually be tracked and awareness has to be established. (..) Only on such a thus, avoided by maneuvering the satellites”.[20] basis, a shared knowledge about what is going on in the Earth orbits, traffic rules can become Lastly, conjunction assessment and collision meaningful”. [4] To implement an effective system, avoidance which are part of the extended concept of challenges have to be overpassed such as access to, SSA have been regarded as a subset of orbital gathering of and sharing of the information through debris mitigation, involving the track of space a multilateral SSA system. Such information needs objects and conducting maneuvers when necessary to be made available without posing the risk of and if possible.[21] Space debris is one of the revealing military intelligence information but to problems that need to be addressed by the STM support the objective of a STM which is to improve under SSA and Avoidance collision. Problems were the safety and sustainability of space activities.[17] raised in the most recent European conference on Space Debris in ESA Darmstadt on 3.2. How should the Space Situational “Microsatellites, Megaconstellations and strategies Awareness capabilities be integrated into an for combating increasing volumes of space international Space Traffic Management system? debris”.[22] Overall, a recent study on impacts of Space Traffic Management (STM) has been divided the satellites with debris concluded that 10% of into three phases: (i) the launching phase; (ii) the functional satellites suffer debris impacts and for in-orbit operation phase and (iii) the re-entry this reason the latest concern is to deploy in-orbit phase.[18] Such a partition gives the view that Space debris Sensors above 600 km in altitude to different rules should apply, at least for the track the smaller objects than 10 cm. The Space operations the involve Air on the one hand and Debris Sensor (SDS) of the Debris Space on the other hand and operations that involve Resistive/Acoustic Grid Orbital NASA-Navy only space and which could request specific rules Sensor (DRAGONS) represent a project for GEO, MEO and LEO.[19] The STM system development by NASA to collect information about needs SSA especially for in orbit services and “the size, speed, direction and density of small avoidance maneuvers but also for the launching and impacting objects”.[23] re-entry phases. For the re-entry phase, SSA also plays a very However, space objects are more often than desired important role, to help the operators to avoid any involved in collisions while in orbit. To give just a interference in the descending track at the end-of- few examples, the ISS is the only operational man life of a maneuverable or non-maneuverable crewed space object in space with a planned satellite. To give some numbers “More than 600 mission till 2024 and the avoidance maneuvers are satellites, launch vehicle upper stages and other necessary to avoid danger to human life. In debris were recorded by U.S. Space surveillance perspective, other objects are expected to contain Network in 2014, from which 86 satellites, 49 upper man crew in space, such as the China plans to stages, 467 debris”.[24] There are two expected construct a permanent space station by 2022 or major re-entries, the ESA Envisat satellite and the even the suborbital flights. According to NASA, a Chinese Tiangong-1 Space Lab. The risk of maneuver for the ISS can take up to 7 minutes in collision could be prevented by an increased order to avoid a predetermined risk of collision cooperation between participants to space traffic, on while the collision warning and avoidance process the basis on a multilateral SSA system. begins about 4 to 7 days before a possible close approach might take place. It could be reminded In conclusion, the increasing population of in-orbit here the incident in 2015 that forced the ISS crew to satellites and predictions of growth of space debris evacuate into the escape Soyuz spacecraft attached poses new challenges that could be attempted to be to the station, which was the 4th time that the ISS overcome by a comprehensive STM, putting both crew had to prepare to escape due to the danger of the space debris mitigation measures and space collision with debris. Damage to the ISS has been situational awareness on the forefront of developing registered in 2016 when small debris caused a small an international space traffic management system. crack to the Cupola observation module. According To avoid collisions, protect the safe operations of to NASA, in 2014 were needed 21 collision the space assets but also support the outer space avoidance maneuvers by robotic spacecraft. environment and sustainability of the Earth`s orbits,
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the SSA and multilateral access and contribution to ineffective. Not only is fault difficult to prove; there it should be regarded as an essential criterion of any are no accepted international standards on which future STM. In addition, SSA capabilities should to measure the standard of care in the individual focus on the near-Earth space and especially in case. This negatively impacts on the operation of LEO where the traffic growth is expected to grow Art. III LIAB and gives rise to concern as to its even more. Because only few states pose longer-term feasibility”.[26] capabilities of SSA, it would become innovative to negotiate a solution by which states could jointly The consequences of fault make the state adhere to international rules of the road, make use responsible for the damage. But how would a state of the data available and abide by the traffic rules, be responsible without a legal definition of fault? thus contributing to the safety and sustainability of Fault has been described as ambiguous in the the activities in outer space. context of space law and also very difficult to prove.[29, 30] It results that in a case of collision, 4. Liability fault will be difficult to prove. In other words, the To begin with, the provisions of Article VI Outer provisions of Article III LIAB impose liability in Space Treaty (OST) provide that States bear outer space for the State breaching the objective international responsibility for any activity in Outer conduct imposed by the international law of outer Space in accordance with relevant rules of space. However, without international binding international law: “From the very inception an instruments that would impose obligations for international obligation is created, a duty to instance for collision avoidance, it would be respond as between States”.[25] As it was further difficult to prove in practice who was at fault at the expressed, States have the obligation to put in place moment when the damage occurred. appropriate provisions to ensure that persons engaged in outer space activity conduct it in In conclusion, there are two reasons for the urgent accordance with international law.[26] In general need of regulation of traffic rules: (i) as long as international law, only an illicit act gives rise to procedures will not be put in place to take international responsibility. According to Judge multilateral, fast and well informed decisions on the Manfred Lacks citing a former decision, if there is basis of a right-of-way passage, any risk of no omission of duty, then there is no fault and there conjunction could degenerate into disorganized is nothing to justify a complaint.[26] Referring to measures leading to collisions that could otherwise the LIAB and the rules governing liability for be prevented and (ii) without a standard of care, damage was also stated that “This is clearly a very liability is hard to be proven in practice in case of a modest beginning and, before long, it is to be collision in outer space.[26] The Studies developed expected that law will have to respond to the need by the IAA, DLR and NASA are extremely for further elaboration”.[26] important for raising awareness on the concept of According to the provisions of Article III of the STM as part of the safe access and operations in Liability Convention (LIAB), in the event of a outer space, to study the actual developments and damage caused in outer space, a state shall be liable current challenges and support future cooperation. only if the damage was caused due to its fault or the Even if barrier towards developing an international fault of persons for whom is responsible.[27] The system are yet to be surpassed, it is very important problem with the fault-based liability for damage that discussions are taking place and significant caused in outer space is the fact that although the workload is given to the regulatory and technical treaty requires proof of fault, does not offer a challenges to enable the procedures and standards definition of fault nor refers to a standard of care of conduct for in orbit activities. The significance of for determining fault.[28] this studies and the close relation with the Inter- Agency Space Debris Coordination (IADC) The concept of fault necessarily implies a code of guidelines is to promote standards from which it conduct or a standard of care by which the could be measured the fault in case of collisions. reasonableness of the State actions can be judged.[28] Related to the STM, in order to 5. Conclusions and Recommendations establish that the launching state was in fault and is The legal and political implications of a Space liable for the damage resulted from the collision Traffic Management (STM) regime plays an with another object in outer space, it must be important role towards addressing the dilemma of proved that has breached the standard of care when and under which circumstances would States traduced in traffic rules or the rules of the road. might be ready to negotiate a completely new These rules have to be accepted by the operators instrument for space activities.[31] It is not engaged in space traffic. The current status of the desirable to modify the well-established Outer LIAB challenges as regards the STM was very well Space Treaty. Addressing the current challenges described by the following: “While liability seems more realistic to be made in two phases, remains a key issue, there is some criticism that the firstly by developing, coordinating and harmonizing requirement of fault for damage in outer space is the existing elements of a STM regime and
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secondly, by proposing a new instrument that Secondly, data collection and sharing of would supersede the existing UN treaties. In other information through a SSA system is quintessential words, a STM regime has to be discussed and for developing a truly international STM regime. become internationally regulated in a harmonized Collecting the data from multilateral sources and manner, before an Outer Space Convention to be sharing it openly across the interested operators implemented. The IAA Study “Space Traffic while accepting it as a trustworthy source is one of Management – Towards a roadmap for the current challenges that have to be overpassed implementation” will represent a milestone for the and only the international consensus. SSA exists implementation of a STM regime on an today but the level of cooperation and acceptance is international level. It results that national not sufficient for a STM regime and work has to be regulations come before international agreements. done to achieve impartial access and acceptance of data gathering and sharing. However, it would not Implementing a comprehensive STM regime is not be an easy task to attempt implementing a SSA that easy and many challenges have to be changing the UN treaties but it is rather overpassed in the attempt to cater the needs of the recommended to supplement them with additional new industry. It could be concluded that such a binding instruments to be negotiated separately on regime implies a new level of international the international level. cooperation and focus on a number of selected priorities that are likely to improve the current Overall, the lack of a STM regime up to this regulatory landscape and support the sustainability moment could have been treated as superfluous due of space activities such as the Space Situational to the fact that man-made missions in outer space Awareness (SSA), a standard of care translated into were regarded as exceptional. However, if the traffic rules, but also to allow coordination with the humanity ambition is to conquer space by sending International Telecommunication Union (ITU) and people to an asteroid or Mars, develop regular International Civil Aviation Organization (ICAO). crewed missions in outer space to lunar orbit or Thus, the urgency is both to develop a multilateral surface than the consequences of unregulated space and open information system, namely a Space traffic are much more complex and could endanger Situational Awareness (SSA) but also a standard of life of astronauts. In addition to the Corpus Juris care, namely traffic rules to address access to, in Spatialis, Article 3 of the Universal Declaration of and from outer space. For the above mentioned Human Rights (UDHR) guarantees the right to life arguments, Space Traffic Management represents a of every human being stating that “Everyone has top priority for safety operations in outer space, the right to life, liberty and security of person”. representing the reason to convince decision makers From UDHR point of view, to implement a STM of the need to establish an international STM regime could be considered as an international regime. commitment based on the right to life.
A STM regime should first and foremost apply How is the implementation of an international internationally. If analyzing the past contributions Space Traffic Management (STM) regime being to space law such as UNIDROIT Space Protocol, addressed taking account of different the Moon Agreement and the IADC Guidelines, it approaches of the United States (U.S.), could be concluded that the procedure to implement European Space Agency (ESA) and the a binding instrument is slow and is usually reactive International Academy of Astronautics (IAA)? than proactive. For this reason, a recommendation Comparing the three studies analyzed above, it could address the following two options: Firstly, could be concluded that the IAA “Towards a the implementation of a future STM should roadmap for implementation” will represent the promote proactive measures in addition to the most important achievement for an international current principles. Respecting the direction imposed STM regime. Similar to Space Mining regulatory by the 2006 Cosmic Study, the final goal should be framework developed by the US and Luxembourg, implementing of an Outer Space Convention. To it seems that the US has the most developed project reach such a result, preliminary steps should be until now to develop a national regime for STM. taken such as harmonizing, coordinating and Despite the reality that a national system will be developing the current efforts that could be most probably implemented before an international regarded as elements of a STM regime. An regime, this game has to be played together and the Agreement for STM should propose a dual purpose national regulation could represent only the starting normative system composed of (i) primary legal point for further international negotiations. The principles that should not be altered, based on the stage of the projects for implementing a STM current principles and (ii) secondary provisions, regime at national level represents a solid argument which are more flexible and which would allow a for the international community to create the mechanism to update the regime in regard of the premises for a new comprehensive international technological advancements. STM regime.
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What is the role of the Space Situational Is it helpful to address the notion of fault in case Awareness regime in the regulatory framework of a collision in outer space from the Space of an international STM? Traffic Management (STM) regime point of The primary scope of any system of Traffic view? Management is to promote the safety of the The central concern for a future STM regime is to operations. In this scenario, the most relevant issues implement a standard of care comprised in a set of for STM is to find solutions for guaranteeing the traffic rules to be internationally recognized. Such sharing of and access to SSA data and services. A rules would regulate the traffic (i) to, (ii) in and (iii) strong synergy exists between SSA and STM, [32] from outer space, regarded as the launching phase; which determines the recommendation to allow a in-orbit operations and re-entry phase. It would be multilateral and open system of data gathering and helpful to address the notion of fault from the STM data sharing among international actors. Based on regime point of view in order to clarify the notion the safety concerns in outer space, the SSA is of fault in case of damage caused in outer space, considered a priority for an international STM which was preconized since 2006 IAA Study. The regime. Efforts should be made to allow the convenience of an international STM regime will governmental organizations to work together with both address the safety operations in space traffic nongovernmental entities and contribute in and will also benefit to the application of space law developing an international civil system. 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