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Chapter 2 of the Thesis (2.4.1(A) United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS)

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Chapter 2 of the Thesis (2.4.1(A) United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) Cover Page The handle http://hdl.handle.net/1887/29353 holds various files of this Leiden University dissertation. Author: Saari, Che Zuhaida Binti Title: National space legislation : future perspectives for Malaysian Space Law Issue Date: 2014-10-21 127 2 Malaysia, International Space Activities, and Laws 2.1. INTRODUCTION Space activities have become global in nature. A state’s engagement in international relations is definite when dealing with space affairs. Such worldwide relationships may, among other things, inspire the local and international space activities of a country and influence its space- related domestic legal framework. In general, states can be either participants or non- participants in space activities. There are various levels of participation involved in space activities, including sending personnel into outer space, launching and building satellites or other space objects, and being direct or indirect users of space technology. At this juncture, it is worth presenting an overview of the world’s space activities including Malaysia’s level of participation and engagement in the related activities, and the country’s acceptance of outer space laws. Furthermore, this part will also concentrate on Malaysia’s involvement with the world space organizations, as all these factors at certain levels may affect the future perspective of Malaysian space law. Hence, the chapter will begin with a summary of a number of world space activities and indicate Malaysia’s participation in such activities as well as the level of its engagement. The discussion will then focus on international space law including its historical background, meaning and sources. Next, it will explore Malaysia’s position in regard to the five outer space conventions and the international outer space principles. Finally, it ends with a discussion on Malaysia’s membership of the international and regional space organizations. 2.2. WORLD SPACE ACTIVITIES The evolution of space activities originated from the technological evolution of rocketry and a space transportation system.1 Due to the rapid development in science and technology, outer space activities are currently among the major concerns of many states, including the developing countries. Moreover, as states have realised that space exploration is obviously a great breakthrough in human knowledge and civilization, many have taken dynamic actions 1 For an excellent discussion on the evolution of space activities, see Matte, Nicolas Mateesco, ed. Space Activities and Emerging International Law, (Canada: Centre for Research of Air & Space Law, 1984), at 13. 128 to utilise its benefits, ranging from exploratory, experimental space operations to commercial utilisation. This section presents an overview of past, present, and future global space-related activities conducted by the space-faring nations2 as well as developing countries. One of the most interesting world space activities is the construction3 of the International Space Station (ISS) which is a symbol of international cooperation in space activities among the space-faring nations. It is a collaborative project between the United States National Aeronautics and Space Administration (NASA), the Russian Federal Space Agency, Roskosmos (RKA), the Japan Aerospace Exploration Agency (JAXA), the Canadian Space Agency (CSA), and the European Space Agency (ESA). As of May 2014, it is the largest spacecraft ever built and is currently being assembled in Low Earth Orbit. The assembly of the ISS started on 20 November 1998.4 The ISS serves primarily as a research laboratory which conducts experiments in biology, human biology, physics, astronomy and meteorology. It is funded until 2020, and may remain in operation until 2028.5 Concerning the exploration of Mars, it was reported that, in October 2009, NASA and ESA signed an agreement to expand their collective capabilities, resources, and expertise to explore Mars.6 However, in the 2011 budget blueprint, the United States President Barack Obama proposed to abandon the United States astronaut programme to return to the moon by 2 The term ‘space-faring nations’ refers to those capable of independently building and launching vehicles into space. In a stricter sense, it refers to those that can build, launch and recover the spaceflight missions. According to Prasad’s research of 2006, the six top space-faring agencies are the National Aeronautics and Space Administration or NASA (USA), European Space Agency or ESA (Europe), CNSA (China), Japan Aerospace Exploration Agency or JAXA (Japan), Russia, and the Indian Space Research Organization or ISRO (India). However, when the United States Government ceased manned space missions in July 2011, there was a claim that the country was no longer a space-faring nation. Rivkin, David and Diana McCaffrey, “U.S. No Longer A Space-Faring Nation”, The Hill’s Global Affairs Blog, 22 February 2010, http://thehill.com/opinion/op- ed/82727-us-no-longer-a-space-faring-nation, accessed: 14 May 2014; Top Space Faring Nations, International Space Agencies, Prasad’s Research, Jan 2006, http://home.att.net/~s-prasad/TSFN.htm, accessed: 17 October 2012; see also, http://en.wikipedia.org/wiki/Spacefaring; Belfiore, Michael, “International Space Dominance: 7 Nations Launching the Next Space Race”, Popular Mechanics, 1 October 2009, http://www.popularmechanics.com/science/space/4307281, accessed: 13 May 2014. 3 The ISS construction stages are available at, “Spacecraft: Manned: ISS: Chronology”, http://www.russianspaceweb.com/iss_chronology.html, accessed: 13 May 2014. 4See http://en.wikipedia.org/wiki/International_Space_Station#Station_structure, accessed: 13 May 2014. 5Smith, Marcia, “ESA Formally Agrees to Continue ISS Through 2020”, spacepolicyonline.com, 27 April 2011, http://www.spacepolicyonline.com/news/esa-formally-agrees-to-continue-iss-through-2020; Clark, Stephen, ‘Space Station Partners Set 2028 as Certification Goal’, Spaceflight Now, 11 March 2010, http://spaceflightnow.com/news/n1003/11station/; http://en.wikipedia.org/wiki/International_Space_Station; all accessed: 13 May 2014. 6 India also will be a part of this international consortium for the manned mission by 2030. See http://www.space-travel.com/reports/Human_Flight_To_Mars_Will_Be_A_Global_Mission_999.html, accessed: 1 February 2010. 129 2020.7 He then called on private industry to take on the role of building space vehicles to take humans to the ISS, while NASA focuses on research and development. With regard to Russia’s intention to keep up with the United States in the space race, it has successfully launched Cosmos-2479, a new geostationary early warning satellite, on 30 March 2012 from Baikonur space centre. It is the last of the family of Russian satellites designed to detect missile launches around the world. On 28 July 2012, it launched Cosmos-2481, a military communications satellite, together with two Gonets-M (M-13 and M-15), civilian communications satellites.8 The country also announced the launch of a new manned spacecraft by 2017.9 China is one of the space-faring nations that have developed an independent satellite navigation system. Its present Beidou-1 system, the launch of which took place from 30 October 2000 until 2 March 2007, comprises four satellites: Beidou-1A, Beidou-1B, Beidou- 1C, and Beidou-1D. The system is, however, experimental and has limited coverage and application. Therefore, China plans to continue setting up Beidou-2 (Compass) navigation satellite system for global operation with a constellation of 35 satellites. As of May 2014, 16 satellites for Beidou-2 have been launched.10 This system became operational in the China region in December 2011.11 The system began offering services for the Asia-Pacific region in 7 The moon is in fact expected to be a base for manned expeditions to Mars. In this situation, the White House was reported as saying that the United States would not be ready to ferry humans to the moon before 2028, since it would be too costly. Halvorson, Todd, and Bart Jansen, “President Obama to Propose Abandoning NASA’s Moon Plan”, SPACE.COM, 28 January 2010, http://www.space.com/7834-president-obama-propose- abandoning-nasa-moon-plan.html; Chang, Kenneth, “Obama Calls for End to NASA’s Moon Program”, The New York Times, 1 February 2010, http://www.nytimes.com/2010/02/02/science/02nasa.html?_r=0, both accessed: 13 May 2014. 8 “Cosmos-2479- New Geostationary Early Warning Satellite”, Russian Strategic Nuclear Forces, 30 March 2012, http://russianforces.org/blog/2012/03/cosmos-2479_-_the_last_geostat.shtml; and also http://www.russianspaceweb.com/oko.html#last; http://satellites.findthebest.com/, both accessed: 13 May 2014. 9Writers, Staff, “Russia Set to Launch Manned Spacecraft In 2017”, Space Travel, 27 January 2010, http://www.space-travel.com/reports/Russia_Set_To_Launch_Manned_Spacecraft_In_2017_999.html, accessed: 13 May 2014. 10 See http://en.wikipedia.org/wiki/Beidou_Navigation_Satellite_System#Global_system_.28BeiDou_Navigation_Sate llite_System_or_BeiDou-2.29, accessed: 13 May 2014. 11 “China GPS Rival Beidou Starts Offering Navigation Data”, BBC News Technology, 27 December 2011, http://www.bbc.co.uk/news/technology-16337648, accessed: 13 May 2014. 130 December 2012.12 It is planned to also offer services to global customers upon its completion in 2020.13 Following in China’s footsteps in joining the Asian space race, India launched its first unmanned mission, Chandrayaan-1, on 22 October 2008. In 312 days, Chandrayaan-1 completed more than 3,400 orbits but was finally aborted 10 months after it launched. It met most of its scientific objectives, one of which was to find water molecules over the moon’s surface.14 The mission was seen as the 21st century Asian version of the space race between the United States and the USSR.15 The success of Chandrayaan-1 strengthened India’s claim to be a global space power. India’s future project is to launch Chandrayaan-2 by 2014.16 This is a joint effort between the Indian Space Research Organization (ISRO)17 and Russia. The tasks of Chandrayaan-2 are to repeat some of the experiments carried out by Chandrayaan-1, and continue its uncompleted mission.
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