Introduction to International Space Law

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Introduction to International Space Law

• Week Fifteen (15)
• Course Re-Cap Summary
• www.mansat.org

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International Space Law Summary

• Formulated During Cold War to Prevent Conflict
• Resources, Rights, Revenues
• Codification of Existing Practices
• International Space Law dictates all national
  space laws and regulations
• The Requirement for Nations to Regulate the
  activities of their Non Governmental Entities

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International Space Law
Outer Space Treaties
International Telecommunications Union
National Laws Regulations
Non Governmental Entities (Companies
Corporations)
National Space Agencies
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UN International Space Law

• United Nations responsible for the progressive
  development and codification of international
  law.
• International Space Law falls under UN
  Responsibility and Jurisdiction.
• Formulation of International Rules to Facilitate
  International Relations.
• UN Committee On the Peaceful Uses of Outer Space.
• UN Office of Outer Space Affairs.

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Consensus

• All UN Space Treaties created by Consensus.
• Codification of Practice and Activities.
• Consensus Time Lag

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UN Space Treaties

• Five (5) Major Space Treaties
• Treaty on Principles Governing the Activities of
  States in the Exploration and Use of Outer Space,
  including the Moon and Other Celestial Bodies.
• Agreement on the Rescue of Astronauts, the Return
  of Astronauts and the Return of Objects Launched
  into Outer Space.
• Convention on International Liability for Damage
  Caused by Space Objects.
• Convention on Registration of Objects Launched
  into Outer Space.
• Agreement Governing the Activities of States on
  the Moon and Other Celestial Bodies.

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Into Force

• Five (5) Nations to Ratify Treaty for it to Enter
  Into Force.
• Difference Between Signature Ratification
• Former Soviet States.
• Majority of States Party to Treaty to Change /
  Amend it.
• Notice of Withdrawal One (1) Year after Entry
  Into Force to take effect One (1) Year After
  Notification.

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Issue Delimitation

• Maritime versus Aviation Influence all a
  question of Jurisdiction.
• Where Does Space Start? Where Does Space Law
  Apply Versus Aviation Law?
• Different Nations Have Different Ideas.
• Why Does This Matter?
• Resources, Rights, Revenues
• Geostationary Telecommunications, Remote Sensing,
  Intellectual PropertyJurisdiction.

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UN Outer Space Treaty

• UN Treaty on Principles Governing the Activities
  of States in the Exploration and Use of Outer
  Space, including the Moon and Other Celestial
  Bodies.
• Entered Into Force October 1967
• Umbrella Treaty
• Contains Foundation of All Other UN Space
  Treaties, Conventions, Principles, and
  Agreements.

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UN OST Main Provisions

• The exploration and use of outer space shall be
  carried out for the benefit and in the interests
  of all countries and shall be the province of all
  mankind
• Outer space shall be free for exploration and use
  by all States
• Outer space is not subject to national
  appropriation by claim of sovereignty, by means
  of use or occupation, or by any other means

Source UN Office of Outer Space Affairs
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UN OST Main Provisions II

• States shall not place nuclear weapons or other
  weapons of mass destruction in orbit or on
  celestial bodies or station them in outer space
  in any other manner
• The Moon and other celestial bodies shall be used
  exclusively for peaceful purposes
• Astronauts shall be regarded as the envoys of
  mankind

Source UN Office of Outer Space Affairs
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UN OST Main Provisions III

• States shall be responsible for national space
  activities whether carried out by governmental or
  non-governmental activities
• States shall be liable for damage caused by their
  space objects and
• States shall avoid harmful contamination of space
  and celestial bodies.

Source UN Office of Outer Space Affairs
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UN Liability Convention Article II

• A launching State shall be absolutely liable to
  pay compensation for damage caused by its space
  object on the surface of the earth or to aircraft
  flight.

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UN Liability Convention Article III

• In the event of damage being caused elsewhere
  than on the surface of the earth to a space
  object of one launching State or to persons or
  property on board such a space object by a space
  object of another launching State, the latter
  shall be liable only if the damage is due to its
  fault or the fault of persons for whom it is
  responsible.

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UN Liability Convention Article IV

• 1. In the event of damage being caused elsewhere
  than on the surface of the earth to a space
  object of one launching State or to persons or
  property on board such a space object by a space
  object of another launching State, and of damage
  thereby being caused to a third State or to its
  natural or juridical persons, the first two
  States shall be jointly and severally liable to
  the third State, to the extent indicated by the
  following

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Issue State Liability

• Space Debris
• Cosmos
• Location of Launch Sites
• Launching State?
• Example of Sea Launch

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UN Registration Convention

• Liability Convention Does Not work Without It

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Astronaut Rescue Agreement

• To be an Envoy or Not an Envoy?
• Cost recovery
• Return of Vehicles People
• Effect upon Space Tourism?

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Moon Treaty

• National Appropriation?
• Common Heritage of All Mankind versus Province of
  All Mankind
• 1st treaty to Anticipate Activities as opposed to
  Codifying Activities.
• Relevance to Future?
• Who Owns the Moon?
• Who Owns Any Resources?

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International Telecommunications Union

• Oldest UN Body
• Predates UN
• Only Sovereign Nation States Can Be Members
• Only Members Can Vote
• UN Outer Space Treaty 96 States Ratified, 27
  Signed.
• ITU 184 Members

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Orbital Revenue Cycle
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Uses of Geostationary Orbits

• Geostationary orbits are primarily used for two
  functions
• Weather monitoring
• Telecommunications Broadcasting
• Commercial growth is focused on
• DTH TV (Direct To Home Sky TV)
• Phone, Fax, Video, Data services
• Mobile Communications
• VSAT USAT
• Digital Radio

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Issue Paper Satellites

• Orbital Positions Granted First Come First Served
• No Limit of Number of Filings
• Late 1980s Everybody Filed Just In Case
• Example of TongaSat
• Swamped System for Legitimate Users
• Developing Nations Refusing to Coordinate with
  Real Filings in System.

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Egregious Uses of Outer Space?

• Egregious Uses of Outer Space?
• Websters Blatant or Outstandingly Bad
• Term Coined and Used by U.S. State Department
• State Department (Diplomatic Channels) has
  received a number of complaints on the use of
  space in regards to the following
• Space Burial
• Space Solar Power
• Space Tourism
• Planetary Defence
• Who Decides what is Egregious?

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Further Study Reading

• UN Office of Outer Space Affairs
• http//www.oosa.unvienna.org/
• International Institute of Space Law
• http//iafastro-iisl.com/
• McGill University
• http//www.iasl.mcgill.ca/
• International Space University
• http//www.isunet.edu

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Papers!

• Due 10th December 2003
• E-Mail Copy to Prof Stott
• Deliver Paper Copy to UHCL Humanities Suite to
  Prof Stott
• C/O Angela Peters