Geopolitical and regulatory framework of Space Transportation

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Julie Abou Yehia CVA Summer
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• SPACE BUDGETS
• COMMERCIAL SPACE MARKET
• SPACE LAW PRINCIPLES AND EVOLUTION
• INTERNATIONAL LAW APPLICABLE TO LAUNCHERS
• EUROPEAN LEVEL
• NATIONAL SPACE REGULATION
• VEGA

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Space Budgets

• Worldwide institutional budget 71,5 Billion
• gt 37 billion in civil expenditure
• gt 34 Billion in defence expenditure
• 28 Billion were spent by the US ( funds coming
  from the DoD, NRO, other gvt entities)
• - US has the biggest budget
• - 2010 increase of budget of China ( 2,4 Billion
  close to France, 2,5 B. ) and India
• - Second protagonist is not a state but ESA with
  a budget of 5.32 B
• gt US, ESA and Russia Concentrates most of the
  world budget allocated to space activities with
  82 of the total budget

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Summer School CVA - July 2011- Rome
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Commercial space market

• Commercial space revenues of 2010 189 Billion
• Space markets are mainly, satellite services,
  direct broadcast services, remote sensing,
  satellite manufacturing, ground segment,
  insurance sector and launch sector
• Commercial launch market is shared between 3
  actors
• Russia, Europe and the US

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Commercial launch in 2010 age in relation to the total of commercial launches Revenues of commercial launches in 2010
Russia 56,5 826 Million
Europe 26,1 1,32 Billion
US 17,4 307Million
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Summer School CVA - July 2011- Rome
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Worldwide launches by country in 2010 (source FAA)
Worldwide launches in 2010 by country and
commercial status (source FAA)
Summer School CVA - July 2011- Rome
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Space Law principles and evolution

• Creation of Space Law
• Cold war context
• October 1957 launch of the 1st artificial
  satellite Sputnik
• 12 Avril 1961 Yuri gagarin in Outer Space with
  the Vostok 1 mission
• gt The cold War context triggered the creation of
  space law

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1961 Creation of UNCOPUOS United Nations
Committee for the Peaceful Use of Outer Space

• UN Permanent Body for the Peaceful Use of Outer
  Space
• - Based in Vienna
• - decision made on Consensus
• - 2 subcommittees
• the scientific and technical subcommittee
• the legal subcommittee
• Forum for discussions between States and
  Negotiation of International agreements

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5 international Treaties basis of Space Law

• 1967 Treaty on Principles Governing the
  Activities of States in the Exploration and Use
  of the Outer Space including the moon and others
  celestial bodies The Outer Space Treaty
• 1968 Agreement on the Rescue of Astronauts and
  return of objects launched in Outer Space
• 1972 International Convention on Liability
  caused by Spàce Objects
• 1975 Convention on registration of Objects
  launched into OS
• 1979 Agreement governing Activities of States on
  the moon and other celestial Bodies

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The 5 UN treaties covers

• Non appropriation of OS by any states
• Arms control in Outer space
• Freedom of exploration
• Liability for Damage caused by a space object
• Safety and rescue of spacecrafts and Astronauts
• Prevention of harmful interference with space
  activities and the environment
• Notification and registration of Space activities
• Scientific expoloration and exploitation of
  natural resources

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5 UN principles and declarations

• 1963 Declaration of legal principles governing
  the activities of states in the exploration and
  Use of OS
• 1982 Principle governing the use by states of
  Artificial Earth Satellite for International
  Direct TV broadcasting
• 1986 Principle on Remote sensing of the Earth
  from OS
• 1992 Principle relevant to the use of nuclear
  Power Source in OS
• 1996 Declaration on International Cooperation in
  the exploitation and Use of OS for the benefit
  and in the interest of all states taking into
  account dvping countries

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Other International regulations applying to OS

• ISS agreement
• 1998 intergvtal agreement canada, ESA, Japan,
  US, Russia on cooperation of the ISS
• ITU
• specialized agency of the UN in Geneva
• coordinates the shared global use of the radio
  spectrum, promotes international cooperation in
  assigning satellite orbits, works to improve
  telecommunication infrastructure in the
  developing world and establishes worldwide
  standards.
• Manage the international radio-frequency spectrum
  and satellite orbit resources is at the heart of
  the work of the ITU Radiocommunication Sector
  (ITU-R).

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• Export Control issues
• Regime that respond to national strategic
  interests and international commitmentsto the non
  proliferation of weapon of mass destruction
• Applicable to armaments and dual use goods
• Space dual use goods
• International level MTCR, export control for
  conventional arms and dual use goods and
  technologies (WA), wassenar agreement
• Europe Reg. 1334/2000 and reg 428/2000 comon
  regime within EU of export control regime rely
  on its implementation at national level
• But lack of harmonisation of national policies
  and strong reliance on national authorities

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• the vega case
• French authorities refused to transfer the flight
  control technology software to ELV for the
  development of the launcher Vega
• According to EU Export Control regime technology
  transfer in this case should not be subject to
  authorisations and all technology should freely
  flow between the parties ( vega participation of
  7 ESA states and 6 EU states)
• ELV had to develop its own flight control system
  with the support of ESA ( constraint on the
  schedule)
• Grant of an exemption for the first flight
  granted by France while keeping secret the source
  code

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International law applied to launchers

• Art 4 of OST prohibition of placing nuclear
  weapons in orbit
• use of OS to peaceful purposes
• does not prohibit the placement of conventionnal
  weapon in orbit
• Art 6 of OST Responsibility
• International responsibility of the State for
  their national activities in OS
• regardless they are conducted by governemental
  Agencies or private entities

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• Art 7 of OST Liability
• if a country launches or procures a launch or
  whose territory is used to launch a space object
  in OS which causes a Damage to another party
  Liable
• 3 launching states to take into account
• Art 3 of Liability Convention
• - Absolute liability for D caused by a space
  object on the surface of the earth and on an
  aircraft in flight
• gt victim does not have to prve anything
• - D caused by a space object in Outer Space
• subjective liability
• evidence of negligence required

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The State unique actor recognised in
International Law

• Before Space Activities conducted to ensure
  National Security and International Prestige
• Now growing influence of Private entities and
  the regulations need to be adapted
• For the launch operator side
• - they must be in a position to indemnify their
  government under National law
• - nec to ensure their space object or demonstrate
  that they have sufficient financial banking.
• - Cross waiver of liability every partie waves
  the right to claim the others

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At European Level

• European Space Agency Created in 1975
• Legal basis ESA Convention
• ESA's Purpose promote, for exclusively peaceful
  purposes, cooperation among European States in
  space research and technology and their space
  applications, with a view to their being used for
  scientific purposes and for operational space
  applications systems
• gtimplement a long-term European space policy, in
  the space field coordinate the European space
  programme and national programmes, elaborate and
  implement the industrial policy
• 18 MS France, Germany, Italy, UK, Spain,
  Belgium, Netherlands, Switzerland, sweden,
  Danemark, Ireland, Norway, Austria, Finland,
  Portugal, Greece, luxembourg, Czech Republic (Mid
  2011) Romania
• Cooperating states Canada, Hungary Poland,
  Estonia, Slovenia
• 2 types of programmes
• Mandatory progammes ( general Budget and
  Science programme) ESA basic activities
• Optional programmes on the interest of MS to
  participate free to decide their level of
  involvment ( EO, Telecommunications, Satellite
  Navigation, Space transportation, participation
  to the ISS)

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• ESA and EU
• ESA, Intergvtal agency/EU supranational
  different rules and procedures
• BUT increasing their work together towards
  common Objectives
• because space is playing a role in supporting
  European Social, political and economic policies
• Around 20 of funds managed by ESA comes from EU
  budget
• Current Joint Initiatives
• gt European Geostationary Navigation Overlay
  Service (EGNOS)
• gt European Global Navigation Satellite Galileo
• gt Global Monitoring for Environment and
  Security (GMES)
• May 2004 Framework Agreement EC/ESA to
  coordinate their action through a joint
  secretariat
• Lisbon Treaty art 189 space become a shared
  competence between States and EU

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National regulations

• Increase of commercial space activities
• Need for States to establish a governmental
  control to comply with their International
  obligations
• Authorisation of space activities from states
  that will bear the obligations linked to these
  activities this Authorisation will be borne to
  compliance with safety standards, insurance
  requirements.
• establishement of a liability scheme between the
  state and the operator
• and. Ensure a legal framework to the evolution
  of commercial space activities in their
  territories
• gt Around 15 states have implemented a space
  regulation

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Existing Space regulations in Europe

• In the EU
• Sweden Swedish space Act on space activities and
  its decree (1982)
• UK British Outer Space Act (1986)
• Belgium Law on the activities of launching,
  flight operation or guidance of space
  objects(2005)
• The Netherlands Rules concerning space
  activities and establishement of a registery of
  space objects (2008)
• France Space Operation Act (2008)
• Exception Germany and Italy don t have any
  national regulation

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• Other european States
• Norway Act to implement its obligation for
  authorisation of space activities (1969)
• Ukraine ordinance of the Supreme soviet Ukraine
  on space activities (1996)
• Other countries
• USA main act Commercial Space Launch Act
  (1984)
• South Africa The South african Space Affairs Act
  ( 1993)
• Australia Space Activities Act (1998)

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Comparison France USA
Type of authorisation Art 4General licence ( certify capacity) permit per operation Sec 70104 Permit per operation
Material scope Art 1 launch attempt to launch control of a space object during its travel in OS Sec 70101 Launch and reentry
Jurisdiction Art2 If on french territory If carried out by persons with french nationality US citizen From US territory From foreign territory unless bilat ok
Competent Bodies Ministry of research CNES ( executive Agency) Secretary of transport and secretary of state for the observance of safety conditions and relevant executive Agencies (FAA,DoD)
insurance Art 6 Compulsory amount determined by decree 100 M to 500M
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VEGA( Interview with Mr Javier Delgado Meana ESA
Contracts officer for VEGA programs)

• ESA Family of launchers
• Ariane 5 for big payloads and SYLDA
• Soyuz medium payloads
• Vega up to 1500kg at 700 km in circular polar
  orbit with multipayloads option
• Optional Programme of ESA
• participation of Belgium, France, Italy, the
  Netherlands, Sweden Spain and Switzerland
• Italy contribution up to 70 of the project

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• Vega is composed by the following programmes
• Small launcher development programme divided
  between, the launch vehicle (prime ELV) and the
  ground segment (prime vitrociset)
• The P80 programme that develop the motor and
  demonstrate a solid propulsion technology (prime
  CNES with Avio)
• The VERTA programme to demonstrate the
  feasibility of the Vega launcher and to prepare
  its exploitation
• VERTA is divided in two
• the VERTA flights 5 VERTA flights ( AE)
  30Meuros
• The Customer Service Improvement (ELV) aiming at
  supporting the VERTA flights

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• Management of VEGA
• Development programme under ESA management and
  execution responsibilities, with the support of
  the National Agencies (ASI,CNES)
• Exploitation phase will be managed by AE
• Institutional Organisation
• ESA Management
• Integrated project team ESA, ASI and CNES in
  ESRIN
• Support from European Technical Center like
  ESA/ESTEC and CNES
• Suppot from Italian Centers and Universities

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• Industrial Organisation
• New prime contractorship in Italy with system and
  management capabilities
• More than 40 major aerospace companies from 12
  countries
• Use of Ariane Bakground and Facilities
• Main Legal Document
• Declaration on the small launcher development
  programme issued by ESA and signed by the
  participating states
• Planned to be launched in March 2012.

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• Thank you for your attention
• contact
• julieabouyehia_at_hotmail.com