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The University of Mississippi School of Law The National Center for Remote Sensing, Air, and Space Law Informational resources on the legal aspects of human activities using aerospace technologies Space Law: Selected Documents 2009 Volume 2: International Space Law Documents Compiled by P.J. Blount P.J. Blount, editor Joanne Irene Gabrynowicz, editor A supplement to the Journal of Space Law This page intentionally left blank. ii Disclaimer The information contained in this compilation represents information as of February 22, 2010. It does not constitute legal representation by the National Center for Remote Sensing, Air, and Space Law (Center), its faculty or staff. Before using any information in this publication, it is recommended that an attorney be consulted for specific legal advice. This publication is offered as a service to the Center's readership. The documents contained in this publication do not purport to be official copies. Some pages have sections blocked out. These blocked sections do not appear in the original documents. Blocked out sections contain information wholly unrelated to the space law materials intended to be compiled. The sections were blocked out by the Center's faculty and staff to facilitate focus on the relevant materials. iii National Center for Remote Sensing, Air, and Space Law Founded in 1999, the National Center for Remote Sensing, Air, and Space Law is a reliable source for creating, gathering, and disseminating objective and timely remote sensing, space, and aviation legal research and materials. The Center serves the public good and the aerospace industry by addressing and conducting education and outreach activities related to the legal aspects of aerospace technologies to human activities. Faculty and Staff Prof. Joanne Irene Gabrynowicz, Director Prof. Jacqueline Etil Serrao, Associate Director P.J. Blount, Research Counsel and Instructor of Law Michelle Aten, Assistant Director Melissa Wilson, Senior Staff Assistant Je'Lisa Hairston, Staff Assistant Student Research Assistants Surya Gunasekara, Stephen Huwe, Erik Lundin Paul Ordyna. Nicholas Welly, Nathan Wilson For More Information http://www.spacelaw.olemiss.edu http://www.rescommunisblog.com P.O. Box 1848 University, MS 38677 USA Phone: +662.915.6857 Fax: +662.915.6921 [email protected] iv Space Law: Selected Documents 2009 Volume 2: International Space Law Documents Compiled by P.J. Blount P.J. Blount, editor Joanne Irene Gabrynowicz, editor Copyright 2010 The National Center for Remote Sensing, Air, and Space Law at University of Mississippi School of Law, University of Mississippi v Copyright © 2010 The National Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law University of Mississippi All Rights Reserved ISBN 0-9720432-7-6 Published by The National Center for Remote Sensing, Air, and Space Law At the University of Mississippi School of Law University of Mississippi P.O. Box 1848 University, MS 38677 www.spacelaw.olemiss.edu Cover design by Michelle L. Aten. This publication was made possible by a NASA grant. vi Dedicated to S. Neil Hosenball (1925-2009) Dr. Hosenball served as NASA's General Counsel from 1975-1985. He participated in the drafting of the UN treaties on the peaceful uses of outer space and played a key role in negotiating the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. "Law must precede man into space." - Andrew G. Haley, Space Age Presents Immediate Legal Problems, 1 PROCEEDINGS OF THE FIRST COLLOQUIUM ON THE LAW OF OUTER SPACE 5 (1959) vii This page intentionally left blank. viii Space Law: Selected Documents 2009 Volume 2: International Space Law Documents Table of Contents Foreword by Joanne Irene Gabrynowicz xiii Conference on Disarmament Statement on PAROS: European Union, Deputy Representative Ivan Pintir of the Czech Republic (Feb. 7, 2009) 1 Statement: Group of 21, Mr. Md. Mustafizur Rahman of Bangladesh (on PAROS) (Feb. 19, 2009) 13 Statement: Islamic Republic of Iran, Ambassador Alireza Moaiyeri (Feb. 19, 2009) 15 Statement: United States of America, Mr. Garold N. Larson (Feb. 19, 2009) 19 Statement: Russian Federation, Minister of Foreign Affairs, H.E. Sergey Lavrov (Mar. 7, 2009) 21 Statement: Canada, Ambassador Marius Grinius on PAROS (Mar. 26, 2009) 29 CD/1864 - Decision for the Establishment of a Programme of Work for the 2009 Session (May 29, 2009) 31 CD/1865 – Canada Working Paper on the Merits of Certain Draft Transparency and Confidence-Building Measures and Treaty Proposals for Space Security (June 5, 2009) 35 International Astronomical Union XXVIIth General Assembly, Rio de Janeiro, Brazil 2009: Resolutions B1- B5 (2009) 41 International Space Exploration Coordination Group The 2008 Annual Report of the International Space Exploration Coordination Group (Mar. 2009) 51 United Nations Committee on the Peaceful Uses of Outer Space A/AC.105/865/Add.4 - National legislation and practice relating to the definition and delimitation of outer space (Feb. 2, 2009) 97 A/AC.105/934 - Safety Framework for Nuclear Power Source Applications in Outer Space (May 19, 2009) 101 ix A/AC.105/935 - Report of the Legal Subcommittee on its forty-eighth session, held in Vienna from 23 March to 3 April 2009 (Apr. 20, 2009) 113 A/AC.105/938 - Reservations of the delegation of the Bolivarian Republic of Venezuela concerning the Safety Framework for Nuclear Power Source Applications in Outer Space (May 8 , 2009) 151 United Nations General Assembly A/64/138 - Transparency and confidence-building measures in outer space activities: Report of the Secretary-General (July 15, 2009) 157 A/64/138/Add.1 - Transparency and confidence-building measures in outer space activities: Report of the Secretary-General, Addendum (Sept. 19, 2009) 171 A/RES/64/28 - Prevention of an arms race in outer space (Dec. 2, 2009) 177 A/RES/64/49 - Transparency and confidence-building measures in outer space activities (Dec. 2, 2009) 181 A/RES/64/86 - International cooperation in the peaceful uses of outer space (Dec. 10, 2009) 183 Treaties, Agreements, and Joint Statements Monthly Statement of Treaties and International Agreements (volumes 2009/1-2009/9) 191 C.N.154.2009.TREATIES-1 (Depositary Notification): Convention on Registration of Objects Launched Into Outer Space, New York, 12 November 1974 - Democratic People's Republic Of Korea: Accession (Mar. 10, 2009) 193 C.N.386.2009.TREATIES-1 (Depositary Notification): Convention on the International Maritime Organization, Geneva, 6 March 1948 - Uganda: Acceptance (June 30, 2009) 195 C.N.392.2009.TREATIES-2 (Depositary Notification): Convention on Registration of Objects Launched Into Outer Space, New York, 12 November 1974 - Nigeria: Accession (July 6, 2009) 197 Memorandum of Understanding Between the National Aeronautics and Space Administration of the United States of America and the Italian Space Agency Concerning the European Space Agency Planck Mission (Jan. 26, 2009) 199 Joint Statement of the European Space Agency, the European Commission and the Federal Space Agency on the implementation of the EU-Russia Dialogue on Space Cooperation (Mar. 18, 2009) 211 x Joint Statement by Dmitriy A. Medvedev, President of the Russian Federation, and Barack Obama, President of the United States of America, Regarding Negotiations on Further Reductions in Strategic Offensive Arms (Apr. 1, 2009) 215 Agreement Between the Government of the United States of America and the Government of the Republic of India on Technology Safeguards at All Facilities Under the Jurisdiction and/or Control of the Government of the Republic of India Associated with the Launch of U.S. Licensed Spacecraft (July 20, 2009) 217 xi This page intentionally left blank. xii Selected Space Law Documents: 2009 Volume 1: National Space Law Documents Volume 2: International Space Law Documents Foreword by Joanne Irene Gabrynowicz This compilation of space law documents for the year 2009 was gathered primarily from postings placed on the aerospace law blog, Res Communis from 1 January through 31 December 2009. Res Communis is hosted by the National Center for Remote Sensing, Air, and Space Law (Center) at the University of Mississippi School of Law. The postings are supplemented with materials from other sources that were published within 2009, but which were not published on Res Communis. The blog’s name, Res Communis, is taken from the Latin legal term that means, in part, “things common to all; that is, those things that are used and enjoyed by everyone.” Res Communis is also a fundamental principle that provides a major part of the foundation of the international space law regime. The name was chosen because of its specific relevance to space law and to express the Center’s intent that the blog provide the aerospace law community with a reliable, timely source of legal materials. The annual compilation is a special supplement to the Journal of Space Law, the world’s oldest law review dedicated to space law. The Journal of Space Law, beginning with the first volume, is available on line at the Center’s website, http://www.spacelaw.olemiss.edu/index2.html, and through HeinOnLine, http://heinonline.org/. This year’s compilation is in two volumes: national space law documents and international documents. This demonstrates that the body of space law is growing in size and complexity. As these volumes go to press, important changes are occurring in the U.S. space program and a number of other national programs that will also impact a number of international cooperative projects. On the private side of space activities, both investments and activities are expanding. It can be expected that space law will continue to change for the practitioner, academic, and government lawyer. The reader can find updated material on an on-going basis at http://rescommunis.wordpress.com/. xiii This page intentionally left blank. xiv Space Law: Selected Documents 2009, vol. 2 NCRSASL - 1 Space Law: Selected Documents 2009, vol.
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