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58Th IISL COLLOQUIUM on the LAW of OUTER SPACE (E7) Joint IAF-IISL Session on the Legal Framework for Collaborative Space Activities (7-B3.8) Author: Ms

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58Th IISL COLLOQUIUM on the LAW of OUTER SPACE (E7) Joint IAF-IISL Session on the Legal Framework for Collaborative Space Activities (7-B3.8) Author: Ms 58th IISL COLLOQUIUM ON THE LAW OF OUTER SPACE (E7) Joint IAF-IISL Session on the Legal Framework for Collaborative Space Activities (7-B3.8) Author: Ms. Olga S. Stelmakh, Parliament of Ukraine / DRSH Group Int., Ukraine, [email protected] GLOBAL SPACE GOVERNANCE FOR ENSURING RESPONSIBLE USE OF OUTER SPACE, ITS SUSTAINABILITY AND ENVIRONMENTAL SECURITY: LEGAL PERSPECTIVE Abstract The paper will be focused on the dominant legal actions taken worldwide, more specifically at the regional and international level, towards responsible and secure use of outer space and ensuring of its sustainability. For this purpose the sufficiency of applicable legally binding norms elaborated at the beginning of the space era and extent of complementarity of the pertinent soft law provisions will be analyzed. It will also envisage legal grounds for regulating emerging space threats and a shaped framework for measures taken at all stages of space activities towards achieving of aforementioned objectives. The emphasis will be made on legal initiatives to manage the risks posed by dangerous space debris, destructive collisions, the crowding of satellites, the growing saturation of the radio-frequency spectrum, etc. In this line, the paper will provide an overview of such topical concepts as “space situational awareness”, “space traffic management” and “active debris removal”. Finally, the role of international cooperation through transparency and confidence-building measures designed to enhance coordinated actions in the context of concepts’ proper implementation will be examined. INTRODUCTION AND PREREQUISITES FOR States shall undertake appropriate A SECURE AND SUSTAINABLE SPACE international consultations before proceeding with ENVIRONMENT AND RESPONSIBLE any activity or experiment that would cause BEHAVIOUR THEREIN potentially harmful interference with activities of other States (art. IX) / with a counter right to Even though the grounds of responsible request consultations concerning such an activity and secure use of outer space, and of its or experiment (art. IX); sustainability have been laid down at the States conducting activities in beginning of the space era, the recognition of the outer space agree to inform the UN Secretary- need to develop them further adjusting to modern General as well as the public and the international space challenges started about a decade ago. scientific community, to the greatest extent As of today the legal regime governing feasible and practicable, of the nature, conduct, responsible, secure and sustainable space locations and results of such activities. On environment is composed of two main blocks: receiving the said information, the UN Secretary- legally binding norms (mainly international space General should be prepared to disseminate it treaties and national space legislation) and immediately and effectively (art. XI); complementary soft law provisions (draft codes of States shall consider on a basis of conduct, GGE reports, policies, guidelines, equality any requests by other States to be principles etc.). afforded an opportunity to observe the flight of The very first fundamentals of secure space objects launched by those States (art. X). space environment and responsible behavior The aforementioned provisions are the therein have been enshrined in the Outer Space minimum requirements for a responsible public Treaty.1 order in space, the optimum ones are found in soft In particular it provided for four law provisions thus not having any enforcement categories of obligations towards ensuring the mechanisms – backing for implementation. In a minimum level of transparency: perfect public order in space the optimum • To cooperate; requirements should move towards the minimum • To hold consultations; ones and replace them leaving the niche to more • To inform; up-to-date requirements - responses to current • To afford the opportunity to space threats and challenges. However taking into observe the flight of space objects launched. account the fast pace of changes occurring in a Elaborating further on those categories, space sector, the niche of optimum requirements we have to refer to some pertinent provisions: should be taken by the new ones adjusted to the States shall be guided by the congested and contested space environment. principle of cooperation and mutual assistance (art. IX); LEGAL ACTIONS TAKEN WORLDWIDE can share information with the aim of creating mutual understanding and trust, reducing The first question that should be asked: misperceptions and miscalculations and thereby why do we need to ensure security and helping both to prevent military confrontation and sustainability of space environment, and to foster regional and global stability. TCBMs responsible nature of space activities? have been also seen as a facilitator in building ITU and IADC indirectly responded to confidence as to the peaceful intentions of States this question focusing on the importance of increasing understanding, enhancing clarity of satellite orbits and protected regions of outer intentions and creating conditions for establishing space. Namely, ITU specifies that satellite orbits a predictable strategic situation in both the constitute limited natural resources that are economic and security arenas. increasingly in demand. The IADC, in its turn, In that Report the GGE defined two emphasized on the value of protected regions, categories of TCBMs: stating that any activity taking place in outer space 1) dealing with capabilities; should be performed while recognising the unique 2) dealing with behaviors. nature of protected LEO and GEO regions of With focus on enhancing the transparency outer space, to ensure their future safe and of outer space activities, the report provided for: sustainable use. It has been also highlighted that Information exchange on space these regions should be protected with regard to policies; the generation of space debris. Information exchange and Highly vulnerable space assets provide us notifications related to outer space activities; with enormous benefits that are threatened by Risk reduction notifications; risks from space debris, destructive collisions, Contact and visits to space launch the crowding of satellites, the growing saturation sites and facilities. of the radio-frequency spectrum, etc. As correctly Another important soft law document noted by the European External Action Service entitled “International Code of Conduct for Outer these challenges call for committed involvement Space Activities” 5, even though still a draft, is by all space-faring and other countries to ensure considered as one of the most promising and greater safety, security, and long-term comprehensive documents of this nature that sustainability of outer space activities.2 focus on security and sustainability of outer space. The first relevant study dates back to 15 Shaped as multilateral code of conduct, it October 1993 entitled “Study on the application of is aimed at enhancing the safety, security, and confidence-building measures in outer space” sustainability of outer space activities and as (A/48/305 and Corr.1).3 It was initiated based on recommended by the aforementioned GGE Report the UNGA resolution 45/55 B of 4 December on TCBMs is perceived as a complement to 1990 that requested the UN SG with a group of international law. governmental experts to carry out a study on the Already in its preamble was specific aspects related to the application of acknowledged the need to safeguard the continued different technologies available, possibilities for peaceful and sustainable use of outer space for defining appropriate mechanisms of international current and future generations that should be cooperation in specific areas of interest. Even performed in a spirit of greater international though at that time the main emphasis was made cooperation, collaboration, openness and on “prevention of an arms race” still it was transparency. The Code recognizes the necessity acknowledged that to avoid conflicts based on of a comprehensive approach to safety, security, misperceptions and mistrust, it is imperative to and sustainability in outer space. It also notes that promote transparency and other confidence- space debris affects the sustainable use of outer building measures. space, constitutes a hazard to outer space activities The next topical study was requested and potentially limits the effective deployment almost 20 years later, namely on 8 December and utilisation of associated space capabilities. 2010, by the UNGA Resolution 65/68. Therefore it is in the shared interest of all States to Transparency and confidence-building measures reinforce international norms for responsible in outer space activities.4 This resolution provided behaviour in outer space. for a mandate to establish the Group of Under this Code the States agree to Governmental Experts (GGE) to conduct a study, establish and implement policies and procedures commencing in 2012, on outer space TCBMs. In to minimise the risk of accidents in space, 2013 the GGE Report on Transparency and collisions between space objects, or any form of Confidence-Building Measures in Outer Space harmful interference with another State’s peaceful Activities has been released. The GGE considered exploration, and use, of outer space. In conducting the TCBMs as a means by which Governments outer space activities they also resolve to refrain from any action which brings about, directly or eliminate the identified risk initially triggering the indirectly,
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