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Handbook for New Actors in Space Secure World Foundation
H SECURE WORLD FOUNDATION ANDBOOK HANDBOOK FOR NEW ACTORS IN SPACE SECURE WORLD FOUNDATION Space is rapidly changing. Every year, more numerous F and more diverse actors embark on increasingly novel, innovative, and disruptive ventures in outer space. They are OR HANDBOOK FOR joining the more than 70 states, commercial companies, N and international organizations currently operating over 1,500 satellites in Earth orbit. EW A NEW ACTORS The prospects are bright; accessing and exploring outer space now require less capital investment, less time, and CTORS fewer people than ever before. However, this rapid pace of IN SPACE growth and change exists in a complex landscape of legal, regulatory, political, technical, and administrative issues. New actors in space face a steep learning curve and will I stress existing institutions and governance frameworks. N Additionally, the inherently difficult and fragile nature of S the space environment means that accidents or mistakes in PACE space might affect us all. In considering the great possibilities for growth and innovation, and in light of the myriad and interlinked challenges new space activities will confront, the Secure World Foundation offers this Handbook for New Actors in Space in the hopes that it will assist all aspiring new entrants—whether governmental or non-governmental— in planning and conducting space activities in a safe and sustainable manner. 2017 EDITION 2017 Edition ISBN 978-0-692-45413-8 90000> | 1 9 780692 454138 2 | Handbook for New Actors in Space Secure World Foundation Handbook for New Actors in Space Edited by Christopher D. Johnson Nothing contained in this book is to be considered as rendering legal advice for specific cases, and readers are responsible for obtaining such advice from their legal counsel. -
The Outer Space Legal Regime and UN Register of Space Objects
The Outer Space Legal Regime and UN Register of Space Objects ITU-R Symposium and Workshop on the Small Satellite Regulation and Communication Systems Prague, Czech Republic, 2-4 March 2015 Niklas Hedman United Nations Office for Outer Space Affairs 1 Legal Regime of Outer Space and Registration Outer Space Treaty Article VI “International responsibility” Article VII “International liability” Article VIII “Jurisdiction and control” Liability Convention Article II “Absolute liability” Article III “Fault liability” Article IV “Joint and several liability” Registration Convention Preamble Article I “Definitions” (LIAB Art. I) Articles II, III, IV (fundamental registration requirements) Rescue Agreement, NPS Principles, GA resolution 59/115, 62/101 and 68/74, COPUOS debris mitigation guidelines, Safety Framework on NPS 2 Status of the Registration Convention As of December 2014, there are 62 States Parties and 4 Signatory States: Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Burundi (Signature only), Canada, Chile, China, Colombia, Costa Rica, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, France, Germany, Greece, Hungary, India, Indonesia, Islamic Republic of Iran (S), Italy, Japan, Kazakhstan, Kuwait, Lebanon, Libya, Liechtenstein, Lithuania, Mexico, Mongolia, Montenegro, Morocco, Netherlands, Nicaragua (S), Niger, Nigeria, Norway, Pakistan, Peru, Poland, Qatar, Republic of Korea, Russian Federation, Saint Vincent and the Grenadines, Saudi Arabia, Serbia, Seychelles, Singapore (S), Slovakia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay. Three international intergovernmental organizations have declared their acceptance of rights and obligations: European Space Agency (ESA); European Organization for the Exploitation of Meteorological Satellites (EUMETSAT); European Telecommunications Satellite Organization (EUTELSAT-IGO). -
The Registration Convention of 1975 Space News
2016/5/23 SPACE LAW AND POLICY WITH SIMULATED NEGOTIATIONS [7] THE REGISTRATION CONVENTION OF 1975 23 MAY 2016 YURI TAKAYA (PH.D) LECTURER, KOBE UNIVERSITY SPACE NEWS: BBC News [17 May 2016] First UK astronaut calls for more Brits in space Britain's first astronaut has said the UK risks becoming a "backward nation" if the government does not pay to send more people into space. Helen Sharman believes the country would lose many of the benefits of Tim Peake's mission if a commitment to more flights is not made very soon. Ms Sharman said that this was the UK's "last chance" to be involved "in the future of the human race". http://www.bbc.com/news/science-environment-36311799 1 2016/5/23 REGISTRATION CONVENTION OF 1975 CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER SPACE 3 Jurisdiction and Control State from whose territory State from whose facility State who launches States who procures Space object launched space object is launched 4 State of registry 2 2016/5/23 1. OVERVIEW check ◆Why important? to identify which space objects caused damage to identify who has jurisdiction and control over it (state of registry) to reduce suspicion against the deployment of WMD in orbit around the Earth ◆Preamble Recalling: The Outer Space Treaty of 1967: international responsibility + the state of registry The Rescue Agreement of 1968: a launching state furnish identifying data prior to the return of an object it has launched into outer space The Liability Convention of 1972: international rules and procedures about the liability of launching states for damage 5 1. -
Critical Issues Related to Registration of Space Objects and Transparency of Space Activities
Acta Astronautica 143 (2018) 406–420 Contents lists available at ScienceDirect Acta Astronautica journal homepage: www.elsevier.com/locate/actaastro Critical issues related to registration of space objects and transparency of space activities Ram S. Jakhu a,*, Bhupendra Jasani b, Jonathan C. McDowell c a McGill-IASL, Montreal, Canada b King's College, London, UK c Harvard-Smithsonian Center for Astrophysics, USA1 ABSTRACT The main purpose of the 1975 Registration Convention is to achieve transparency in space activities and this objective is motivated by the belief that a mandatory registration system would assist in the identification of space objects launched into outer space. This would also consequently contribute to the application and development of international law governing the exploration and use of outer space. States Parties to the Convention furnish the required information to the United Nations' Register of Space Objects. However, the furnished information is often so general that it may not be as helpful in creating transparency as had been hoped by the drafters of the Convention. While registration of civil satellites has been furnished with some general details, till today, none of the Parties have described the objects as having military functions despite the fact that a large number of such objects do perform military functions as well. In some cases, the best they have done is to indicate that the space objects are for their defense establishments. Moreover, the number of registrations of space objects is declining. This paper addresses the challenges posed by the non-registration of space objects. Particularly, the paper provides some data about the registration and non-registration of satellites and the States that have and have not complied with their legal obligations. -
The International Space Station: Legal Framework and Current Status, 64 J
Journal of Air Law and Commerce Volume 64 | Issue 4 Article 3 1999 The nI ternational Space Station: Legal Framework and Current Status Rochus Moenter Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Rochus Moenter, The International Space Station: Legal Framework and Current Status, 64 J. Air L. & Com. 1033 (1999) https://scholar.smu.edu/jalc/vol64/iss4/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE INTERNATIONAL SPACE STATION: LEGAL FRAMEWORK AND CURRENT STATUS ROCHUS MOENTER I. THE INTERNATIONAL SPACE STATION A. BACKGROUND AND CURRENT STATUS HE DEVELOPMENT and construction of an International Space Station (ISS) began with President Reagan's an- nouncement in 1984 that the United States of America intended to build a permanently inhabited civil space station in the earth's orbit, later labeled "Space Station Freedom."' In con- nection with the announcement, President Reagan invited other countries, in particular Canada, Europe and Japan, to partici- pate in the project. This invitation was subsequently accepted by several countries, including the members of the European Space Agency (ESA).2 Some of the countries accepting were Belgium, the Federal Republic of Germany, France, Italy, the Netherlands, Norway, Spain, the United Kingdom, Canada through the Canadian Space Agency (CSA) and the Govern- ment of Japan (GOJ). Many years of negotiations followed, mainly between NASA (National Aeronautics and Space Administration) and the re- spective national space agencies, regarding the construction, de- velopment and operation of an ISS. -
Arctic Security and Outer Space
SCANDINAVIAN JOURNAL OF Byers, M. (2020). Arctic Security and Outer Space. Scandinavian MILITARY STUDIES Journal of Military Studies, 3(1), pp. 183–196. DOI: https://doi. org/10.31374/sjms.56 RESEARCH ARTICLE Arctic Security and Outer Space Michael Byers Global Politics and International Law, University of British Columbia, CA. This article was delivered in Nuuk, Greenland, as the keynote speech at the Signature Conference of the Royal Danish Defence College, on 2 October 2019. It builds on an earlier piece: ‘Cold, dark, and dangerous: international cooperation in the arctic and space,’ Polar Record 55(1), 32–47, https://doi.org/10.1017/S0032247419000160 [email protected] Journalists often portray the Arctic and Space as rife with economic competition, contested territorial claims, and impending conflicts. In actuality, there is extensive and ongoing coopera- tion between Russia and Western states in both regions. A number of factors common to the Arctic and to Space contribute to this ongoing cooperation, including ‘complex interdependence’ and widely agreed rules of international law. This article focuses on three further common factors: the ‘cold, dark, and dangerous’ character of the regions; the absence of substantial ‘weaponisation’; and the relative ease with which information about military activities may be gathered in the Arctic and Space, for instance through Space-based technologies. The latter factor enables Arctic and Space-faring states to avoid classic ‘security dilemmas’. Keywords: Arctic; Space; Security; International Cooperation; International Law; Russia; NATO 1. Introduction The Arctic is closely connected to Outer Space (‘Space’). The Arctic climate is a consequence of Earth’s orbital mechanics, most notably the tilt of the planet, which leads to the absence of sunlight in winter and to 24-hour sunlight in summer. -
Role of COPUOS and UNOOSA in Global Space Governance
Vienna, 5 September 2018 Role of COPUOS and UNOOSA in Global Space Governance Niklas Hedman/Aygul Duysenhanova United Nations Office for Outer Space Affairs United Nations Office at Vienna www.unoosa.org Committee on the Peaceful Uses of Outer Space Established by General Assembly in 1959 to govern exploration and use of space for the benefit of all humanity (& STSC + LSC) Instrumental in the creation of the five treaties and five principles of outer space, and important to strengthen the international legal regime governing outer space Provides a unique platform at a global level to monitor and discuss developments in the space agenda and space technology applications. Support efforts at national, regional and global level to maximize the benefits of the use of space science, technology and applications. Increase coherence and synergy in international cooperation in space activities at all levels Membership AG: Algeria, Benin, Burkina Faso, Cameroon, Chad, Egypt, Ghana, Kenya, Libya, Morocco, Niger, Nigeria, Senegal, Sierra Leone, South Africa, Sudan, Tunisia APG: Bahrain, China, India, Indonesia, Iran, Iraq, Japan, Jordan, Kazakhstan, Lebanon, Malaysia, Mongolia, Oman, Pakistan, Philippines, Qatar, Republic of Korea, Saudi Arabia, Sri Lanka, Syrian Arab Republic, Thailand, United Arab Emirates, Viet Nam EG: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Czech Republic, Hungary, Poland, Romania, Russian Federation, Slovakia, Ukraine GRULAC: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Mexico, -
The Need for an Effective Liability Régime for Damage Caused by Debris in Outer Space
Michigan Journal of International Law Volume 13 Issue 2 1992 The Need for an Effective Liability Régime for Damage Caused by Debris in Outer Space James P. Lampertius University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Air and Space Law Commons, and the Legal Remedies Commons Recommended Citation James P. Lampertius, The Need for an Effective Liability Régime for Damage Caused by Debris in Outer Space, 13 MICH. J. INT'L L. 447 (1992). Available at: https://repository.law.umich.edu/mjil/vol13/iss2/5 This Note is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. STUDENT NOTES THE NEED FOR AN EFFECTIVE LIABILITY REGIME FOR DAMAGE CAUSED BY DEBRIS IN OUTER SPACE James P. Lampertius* Look here, brother who you jivin' with this cosmic debris? -Frank Zappa The most serious hazard facing human activities in outer space is the risk of collision with space debris.I Manmade space debris has already caused damage to a number of satellites2 and is the most likely cause of a number of serious accidents.3 Due to its high speed (an average of ten kilometers per second 4) and largely untrackable na- ture,5 space debris threatens the future development of manned space- craft and space stations. -
General Assembly Distr.: Limited 4 April 2019
United Nations A/AC.105/C.2/L.309/Add.1 General Assembly Distr.: Limited 4 April 2019 Original: English Committee on the Peaceful Uses of Outer Space Legal Subcommittee Fifty-eighth session Vienna, 1–12 April 2019 Draft report IV. Status and application of the five United Nations treaties on outer space 1. Pursuant to General Assembly resolution 73/91, the Subcommittee considered agenda item 5, entitled “Status and application of the five United Nations treaties on outer space”, as a regular item on its agenda. 2. The representatives of Brazil, Germany, Indonesia, Mexico, the Russian Federation and the United States made statements under agenda item 5. Statements were made by the representative of Egypt on behalf of the Group of 77 and China, and by the representative of Costa Rica on behalf of Argentina, Bolivia (Plurinational State of), Brazil, Chile, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Paraguay, Uruguay and Venezuela (Bolivarian Republic of). During the general exchange of views, statements relating to the item were also made by representatives of other member States. 3. At its 976th meeting, on 1 April, the Subcommittee reconvened its Working Group on the Status and Application of the Five United Nations Treaties on Outer Space, with Bernhard Schmidt-Tedd (Germany) as Chair. 4. At its […] meeting, on […] April, the Subcommittee endorsed the report of the Chair of the Working Group, contained in annex […] to the present report. 5. The Subcommittee had before it the following: (a) Working paper submitted by the Chair of the Working Group on the Status and Application of the Five United Nations Treaties on Outer Space entitled “Draft guidance document under UNISPACE+50 thematic priority 2. -
Changing Responsibility for a Changing Environment: Revalua Ng the Tradi Onal Interpreta on of Ar Cle VI of the Outer Space Trea
llVOLUME 5 llISSUE 1 ARTICLES & ESSAYS UNIVERSITY OF BOLOGNA LAW REVIEW hps://doi.org/10.6092/issn.2531-6133/10654 A Changing Responsibility for a Changing Environment: Revaluang the Tradional Interpretaon of Arcle VI of the Outer Space Treaty in Light of Private Industry y CHRISTIAN JOSEPH ROBISON ABSTRACT In recent times, private industry has made great advancements in the commercialization of outer space. Such advancement represents a monumental shift from a period in which outer space activities were the business of national governments. However, the traditional interpretation of Article VI of the Outer Space Treaty still assigns responsibility for private space activities to States despite private industry’s increased ability to conduct outer space activities without government involvement or assistance. Ultimately, the blanket application of State responsibility associated with the traditional interpretation of Article VI may be unworkable or inequitable as private industry becomes a dominant force in outer space. Therefore, this Article evaluates the shortcomings of the traditional interpretation of Article VI and proposes a solution based on the customary law of State responsibility in order to ensure that both private and public actors in outer space are unhampered by an overly broad interpretation of Article VI. KEYWORDS Liability; State Responsibility; Outer Space; Attribution; Private Industry TABLE OF CONTENTS Introduction ............................................ 2 1. State Responsibility and Article VI ............................... 5 1.1 State Responsibility .................................. 5 1.2. History and Formation of Article VI ......................... 7 1.3. Structure and Traditional Interpretation of Article VI ............... 9 2. Difficulties of Applying the Traditional Interpretation of Article VI . 12 2.1. Plain Ambiguity – National Activities and The Appropriate State . -
International Space Law”
ST/SPACE/2 Office for Outer Space Affairs United Nations Office at Vienna Proceedings of the Workshop on Space Law in the Twenty-first Century Organized by the International Institute of Space Law with the United Nations Office for Outer Space Affairs UNITED NATIONS New York, 2000 This document has not been formally edited. Introduction The Workshop on Space Law in the 21st Century, coordinated by the International Institute of Space Law (IISL), was held between 20 and 23 July 1999 in Vienna, Austria, as part o f the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE III). More than 120 participants attended the Workshop, all contributing to an active discussion on the future of Space Law. The IISL Workshop comprised eight sessions, covering current concerns in the field of space law. Each session began with the presentation of a discussion paper by an invited speaker, followed by invited papers commenting on the discussion paper, as well as informal discussion and comments. At the end of each session, the Coordinator/Rapporteur of the session presented a summary report on significant issues raised in the session and, following a general discussion, the findings, conclusions and recommendations of the session were consolidated in a single document. At the conclusion of the eight substantive sessions, the “Workshop Executive Committee”, consisting of the chairperson of each session, the Workshop Coordinator, and the President of the International Institute of Space Law, who was the overall chairperson of the Workshop, met to discuss the reports of the sessions. The session reports were integrated into the Workshop’s Final Report to the UNISPACE III Conference. -
Engaging Space Tools for Development on Earth: Contribution of Space Technology and Applications to the Post-2015 Development Agenda
ENGAGING SPACE TOOLS FOR DEVELOPMENT ON EARTH: CONTRIBUTION OF SPACE TECHNOLOGY AND APPLICATIONS TO THE POST-2015 DEVELOPMENT AGENDA SIMONETTA DI PIPPO, DIRECTOR United Nations Office for Outer Space Affairs United Nations Office Vienna 1 UN and Outer Space: Early Years 1958: Resolution by the UN General Assembly 1348(XIII): Outer space to be used for peaceful purposes only and to be exploited to the benefit of mankind Established an ad-hoc Committee on the Peaceful Uses of Outer Space (COPUOS) as an appropriate body for international cooperation 1959: UN General Assembly resolution 1472 (XIV) reaffirmed the role of COPUOS and mandated the Committee to: Review international co-operation Study space-related activities that could be undertaken under United Nations auspices Encourage and assist with national space research programmes Study legal problems which may arise from the exploration of outer space 2 Committee on the Peaceful Uses of Outer Space 1961: Establishment of two Subcommittees of COPUOS Scientific and Technical Subcommittee (STSC) Legal Subcommittee (LSC) Reports to the Fourth Committee of the General Assembly Adopts an annual resolution on “International cooperation in the peaceful uses of outer space” The only Committee of the General Assembly that deals with international cooperation in the peaceful uses of outer space COPUOS and UNOOSA organized three major United Nations conferences on the exploration and peaceful uses of outer space, all held in Vienna in 1968, 1982 and 1999 (UNISPACE) The third conference (UNISPACE III) outlined a wide variety of actions to: Protect the global environment and manage natural resources; Increase the use of space applications for human security, development and welfare; Protect the space environment; Increase developing countries’ access to space science and its benefits.