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09-530 NASA V. Nelson (01/19/2011) 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 2011 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 April 23, 2012. 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 Sara M. Langston, Research Counsel Michelle Aten, Assistant Director Melissa Wilson, Senior Staff Assistant Audrey Uffner, Archivist Matthew Elias, Student Research Assistant Ryan Noble, Student Research Assistant Ian Burke Perry, Student Research Assistant For More Information http://spacelaw.olemiss.edu http://rescommunis.olemiss.edu P.O. Box 1848 University, MS 38677 USA Phone: +662.915.6857 Fax: +662.915.6921 [email protected] iv Space Law: Selected Documents: 2011 Volume 2: International Space Law Documents Compiled by P.J. Blount P.J. Blount, editor Joanne Irene Gabrynowicz, editor Copyright 2012 The National Center for Remote Sensing, Air, and Space Law at University of Mississippi School of Law, University of Mississippi v Copyright © 2012 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 978-0-9720432-9-2 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 To all the men and women who served in the U.S. Space Shuttle program. 1976-2011 "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 2011 Volume 2: International Space Law Documents Table of Contents Foreword by Joanne Irene Gabrynowicz xiii International Agreements C.N.101.2011.TREATIES-1: Convention Relating to the Distribution of Programme Carrying Signals Transmitted by Satellite, Brussels, 21 May 1974 - Chile: Accession (Mar. 8, 2011) 1 C.N.267.2011.TREATIES-1: Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, Tampere, 18 June 1998 - Iceland: Ratification (May 13, 2011) 2 C.N.687.2011.TREATIES-2: Constitution of the Asia-Pacific Telecommunity, Bangkok, 27 March 1976 - Kiribati: Accession (Oct. 11, 2011) 3 C.N.801.2011.TREATIES-2: Convention Relating to the Distribution of Programme Carrying Signals Transmitted by Satellite, Brussels, 21 May 1974 - Republic of Korea: Accession (Dec. 19, 2011) 4 Australia – ESA: Agreement between the Government of Australia and the European Space Agency for a Co-Operative Space Vehicle Tracking Program (Oct. 5, 2011) 5 United States – Japan: Exchange of Diplomatic Notes on Space Cooperation (Apr. 22, 2011) 15 United States – Norway: Implementing Arrangement between the National Aeronautics and Space Administration of the United States of America and the Norwegian Space Centre of the Kingdom of Norway on the Interface Region Imaging Spectrograph (IRIS) Mission (Jan. 10, 2011) 19 United States – Romania: Agreement between the United States of America and Romania on the Deployment of the United States Ballistic Missile Defense System in Romania (Sept. 13, 2011) 29 United States – Sweden: Implementing Arrangement between the National Aeronautics and Space Administration of the United States of America and the Swedish National Space Board of the Kingdom of Sweden for Cooperation in Aeronautic and Space Research Using Nanosatell1te Technologies (May 19, 2011) 43 ix Declarations & Statements The Mombasa Declaration on Space and Africa's Development (Sept. 28, 2011) 53 Joint Announcement on United States–Japan GPS Cooperation (Jan. 13, 2011) 57 Conference on Disarmament CD/1912: Letter dated 21 June 2011 from the Permanent Representative of Canada to the Conference on Disarmament addressed to the Secretary-General of the Conference transmitting the summary report on the tenth annual space security conference entitled Space Security 2011: Building on the Past, Stepping toward the Future, organized by the United Nations Institute for Disarmament Research (UNIDIR) in April 2011 (Aug. 23, 2011) 59 CD/1925: Nigeria on behalf of member States of G-21 - Working Paper - Prevention of an Arms Race in Outer Space (Sept. 13, 2011) 73 Permanent Court of Arbitration Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (Dec. 6, 2011) 75 United Nations Committee on the Peaceful Uses of Outer Space A/AC.105/C.2/L.281: Information on the activities of international intergovernmental and non-governmental organizations relating to space law (Jan. 25, 2011) 99 A/AC.105/C.2/L.281/Add.1: Information on the activities of international intergovernmental and non-governmental organizations relating to space law (Jan. 25, 2011) 113 A/AC.105/989: Report on the United Nations/Thailand Workshop on Space Law on the theme “Activities of States in outer space in the light of new developments: meeting international responsibilities and establishing national legal and policy frameworks” (Bangkok, 16-19 November 2010) (Jan. 31, 2011) 133 A/AC.105/L.283: Declaration on the Fiftieth Anniversary of Human Space Flight and the Fiftieth Anniversary of the Committee on the Peaceful Uses of Outer Space - Working paper submitted by the Chair of the Committee on the Peaceful Uses of Outer Space (Mar. 3, 2011) 141 A/AC.105/C.2/2011/DEF/L.1: Draft report of the Chair of the Working Group on the Definition and Delimitation of Outer Space (Apr. 1, 2011) 145 A/AC.105/C.2/2011/TRE/L.1: Draft report of the Chair of the Working Group on the Status and Application of the Five United Nations Treaties on Outer Space (Apr. 4, 2011) 149 A/AC.105/977/Add.2: International cooperation in the peaceful uses of outer space: activities of Member States (Apr. 15, 2011) 151 x A/AC.105/990: Report of the Legal Subcommittee on its fiftieth session, held in Vienna from 28 March to 8 April 2011 (Apr. 20, 2011) 163 United Nations General Assembly A/RES/66/27: Prevention of an arms race in outer space (Dec. 2, 2011) 199 A/RES/66/71: International cooperation in the peaceful uses of outer space (Dec. 9, 2011) 203 xi This page intentionally left blank. xii Space Law: Selected Documents 2011 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 2011 was gathered primarily from postings placed on the aerospace law blog, Res Communis from 1 January through 31 December 2011. 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 during 2011, but which were not published on Res Communis. The blog’s name, Res Communis, is taken from the Latin legal term or art 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 published in 1973, is available on line at the Center’s website, http://spacelaw.olemiss.edu/, and through HeinOnline, http://heinonline.org/. This year’s compilation is again in two volumes: national space law documents and international documents. The body of space law continues to grow in size and complexity. During 2011, the U.S. space law corpus was integrated into the United States Code as Title 51, National and Commercial Space Programs. This was the first time in 83 years that a new Title was added to the Code.1 It can be expected that space law will continue to change for the practitioner, academic, and government lawyer.
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