Cutting the bread

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force Against Outer Space Objects (PPWT) will not work - whereas the Code of Conduct for Outer Space Activities may.     

Keeping the peace in outer space: a legal framework for the prohibition of the use of force

Outer space is an area of growing economic and technological importance. It is also a developing theatre of military defence and warfare. Against this backdrop, development of a legal framework on the use of force in outer space is of critical urgency. This paper proposes a framework for the development of international law in this area and also assesses the effectiveness of the current state of international law governing the prohibition on the use of force in the context of outer space. It expands upon a proposed role for the United Nations and outlines a proposed enforcement mechanism for the law on the use of force in outer space. This proposed framework rests on a three-tiered system involving an International Tribunal for Outer Space, an International Space Surveillance Agency and an International Space Inspection Agency, co-ordinated through a Secretariat under the auspices of the United Nations Office of Outer Space Affairs. The paper also provides a proposed Protocol on International Peace and Security to the 1967 Outer Space Treaty as a means of establishing the proposed enforcement mechanism. Finally, the paper looks at the complexities involved in developing the law, and moots immediate steps for its development.     

The UN and space — 1989 review

In 1989, the two sub-committees of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) - the Scientific and Technical Sub-Committee and the Legal Sub-Committee - held their 26th and 28th sessions, respectively, at UN Headquarters in New York. They subsequently produced reports which were discussed at the 33rd session of COPUOS in New York from 5 to 15 June 1989. N. Jasentuliyana, Director of the Outer Space Affairs Division at the UN, discusses their work.     

The “peaceful purposes” principle in outer space and the Russia–China PPWT Proposal

Using the global commons for “peaceful purposes” is agreed upon among states in principle but disputed in substance. While non-militarization has been superceded by the doctrine of non-aggression, the latter, as a necessary rather than sufficient condition for “peaceful purposes”, is tested to its limit by the pressing issue of space weaponization. An international treaty to plug the gaps of the Outer Space Treaty should be negotiated. This would require the prohibition of both weapons in outer space and anti-satellite weapons on Earth. The Draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects, proposed by Russia and China at the Conference on Disarmament, is an effort in this direction. However, divided views are held on several issues arising from the draft treaty, e.g. the efficiency of the current regime of outer space law, definitions of “weapons in space” and “threat or use of force”, and verification. A primary reason for US opposition to the draft treaty are security concerns over its space assets. However, exercising the right of self-defense is excluded from the obligations of disarmament and this is explicitly affirmed in the draft treaty.     

A European view on UNISPACE III follow-up

Preparations for the third UN Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE III) were intense. The conference itself was a success. But what forms will the follow-up take? Just reading the 150-page report is an effort in itself. Having played a central part in the preparations and organization, Europe fully appreciates the need to build on the spirit of cooperation which emerged from UNISPACE III. In November 1999, the European States gathered to analyze the results of the conference and to set a course for their future participation in the United Nations Programme on Space Applications (UNPSA), which is mainly done through ESA, and for their participation in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), which is done through coordination among ESA Member States. This article presents the authors’ personal accounts of the results of the European efforts around UNISPACE III and shows how ‘European foreign policy’ can work in international space policy. It also seeks to illustrate Europe's commitment to putting space technology to work for the benefit of development throughout the world.     

United Nations Human Space Technology Initiative (HSTI)

The Human Space Technology Initiative was launched in 2010 within the framework of the United Nations Programme on Space Applications implemented by the Office for Outer Space Affairs of the United Nations. It aims to involve more countries in activities related to human spaceflight and space exploration and to increase the benefits from the outcome of such activities through international cooperation, to make space exploration a truly international effort.     

The UN and space — 1990 review

In its 44th session the United Nations passed resolutions endorsing International Space Year and the United Nations Conference on Environment and Development, both scheduled for 1992. Together they provide for global efforts to understand and protect the Earth and its environment. N. Jasentuliyana, Director of the Outer Space Affairs Division at the UN, outlines their significance.     

Committee on the peaceful uses of outer space

The first artificial earth satellite, Sputnik 1, was launched on 14 October 1957 and proceeded to orbit the Earth blithely unconcerned with the political boundaries below. It was apparent that space activities had international implications. In the United Nations, the question of space activities was first raised in 1957 in the context of the debate on disarmament. In 1958, the ‘Question on the Peaceful Uses of Outer Space’ was placed on the agenda of the General Assembly, which adopted a resolution establishing an Ad Hoc Committee on the Peaceful Uses of Outer Space (COPUOS).     

Registration of the 12 December 2012 satellite launch by North Korea: Should UNOOSA have accepted it?

The transmittal letter from North Korea to the United Nations Office of Outer Space Affairs in January 2013 of the registration of the placement in orbit of the North Korea satellite, Bright Star 3-2, in December 2012 raised a number of interesting legal issues. Specifically, the United Nations Security Council had adopted Resolution 2087 on the 22nd of January 2013 that condemned that North Korean launch due to the use of ballistic missile technology and that the launch was in violation of two prior UN Resolutions. The status of the satellite itself was not addressed in Resolution 2087, and the question of whether the satellite should be registered by the UNOOSA was unclear. This note concludes that the UNOOSA was legally bound to register the satellite under the terms of the Outer Space Treaty and the Registration Convention.     

US space commercialization — effects on space law and domestic law

This report by Harry Marshall Jr is based on a paper presented to the 27th International Colloquium on the Law of Outer Space of the International Institute of Space Law during the 35th Congress of the International Astronautical Federation, Lausanne, Switzerland, 9 October 1984. It outlines US attitudes and legislation on the commercialization of space, in particular the space programme of President Reagan, LANDSAT commercialization, ELV commercialization and conflicts of space law.     

History and impact of the 1996 UN declaration on ‘space benefits’

At its 1996/1997 session, the UN General Assembly adopted by consensus Resolution 51/122, containing a Declaration on international cooperation in space. This Declaration finalizes the agenda item which has become known as ‘Space Benefits’ in the UNCOPUOS Legal Subcommittee. It provides an authoritative interpretation of the cooperation principle in Article I of the Outer Space Treaty and should thereby put an end to North-South confrontation over the question of shaping the international order for space activities. This article traces the history of the run-up to adoption of the Resolution, analyses how it came to be accepted by all sides and examines its likely impact.     

Decision program on asteroid threat mitigation

The Association of Space Explorers Committee on Near-Earth Objects (NEOs) and its Panel on Asteroid Threat Mitigation have prepared a decision program to aid the international community in organizing a coordinated response to asteroid impact threats. The program is described in the ASE's report, Asteroid Threats: A Call for Global Response, which will be considered by the United Nations Committee on the Peaceful Uses of Outer Space in its 2009 sessions. The findings and recommendations of this report are presented here as well as some of the major implications of the complex decision-making involved in developing a coordinated international response to the challenge of protecting the Earth from NEO impacts.     

地球静止轨道空间碎片的处置

介绍了国际机构间碎片协调委员会提出的关于地球静止轨道（GEO）空间碎片问题的研究结果和碎片处置的建议，主要内容包括：GEO与GEO环的概念、EGO上物体现状，EGO空间碎片处置的基本原则和8条具体处置措施建议。该建议已于2000年2月提交联合国和平利用外层空间委员会科技小组委员会第37届会议。     

Progress in basic space science education and research: The UNBSSI

This report describes recent progress in the UN Basic Space Science Initiative (UNBSSI), which aims to facilitate space science education and research, and attendant resources in developing countries. In addition to holding workshops across the developing world, the UN Committee on the Peaceful Uses of Outer Space (COPUOS) successfully implemented the International Heliophysical Year (IHY) as a catalyst for improving understanding of the Sun and of solar-terrestrial physics. Building on this it is now preparing for the International Space Weather Initiative (ISWI). Achievements of the former are discussed, as are the goals and anticipated activities of the latter.     

Space Agency Forum prepares UNISPACE III

On 19-20 May 1998 the German Aerospace Center (DLR) hosted the Space Agency Forum (SAF) at Berlin. The meeting was dedicated to the preparation of the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE III), which will take place in July 1999. It was attended by 16 space agencies and international organisations from Europe, North- and South America as well as Asia. In this report, first UNISPACE III will be introduced and then the results of the SAF meeting will be reported.     

国际空间法中的限制性义务及其他规则概要

国际空间法是指调整国家、国际组织之间开展外空探索、利用、开发活动中权利义务规则的总称。狭义的国际空间法仅指以联合国外空五大公约为核心的国际条约体系,对于缔约国是具有强制的法律约束力的;广义的国际空间法还包括联合国大会决议和联合国外空委大会文件在内的不具有法律约束力、但具有很强的政治约束力的外空国际活动规则。中国1983年加入《外空条约》,1988年加入《营救协定》、《责任公约》和《登记公约》,没有加入《月球协定》。文章分析前4个公约以及《遥感原则》、《防止在外空部署武器条约草案》、"外空透明与建立信任措施"联大决议、《外空活动长期可持续准则草案》等不具有法律约束力的文件,简要分析其对中国航天活动可能产生的限制和影响,并提出对策、建议。     

The United Nations Programme on Space Applications: Status and direction for 2010

The United Nations Programme on Space Applications was established in 1971 to assist countries in making full use of the benefits of space technology and its applications for social and economic development. Since its inception the programme has organized numerous training courses, workshops, seminars and conferences and provided funding support for more than 10?000 experts, mainly from developing countries, to participate in those activities. The programme has continuously evolved over four decades, taking into account the latest developments in the field of space activities, to best serve the capacity-building needs of countries and to help ensure that space-based solutions contribute to improving life on Earth. This report describes the status and direction of the UN Programme on Space Applications as recommended for approval by the UN’s Committee on the Peaceful Uses of Outer Space (UNCOPUOS) Scientific and Technical Subcommittee at its 47th session held in Vienna in February 2010.     

Recent and future activities of the UN Office for Outer Space Affairs

This article discusses the development, and the current and future work, of the UN Office for Outer Space Affairs. The Office is active both as a source of information, education and training on space and as a secretariat to COPUOS and its Subcommittees; it also performs a role in the monitoring and implementation of various space-related legal treaties. Presently—and as part of the drive to use space to improve life on Earth—the bulk of its work is guided by the Vienna Declaration produced at UNISPACE III.     

SDI versus arms control

Dr Dahlitz examines three options for the strategic relationship between the superpowers and scrutinizes 12 major arguments that have been advanced in favour of the Strategic Defense Initiative. Arms control is offered as an available option and recommendation are given for methods of outer space arms control. These considerations are brought together in an illustrative draft Treaty on the Prohibition of the Use of Force Concerning Outer Space.     

The PCA Rules for dispute settlement in outer space: A significant step forward

Outer space activities have evolved significantly. While they were previously the exclusive domain of a restricted number of states, now thanks to technological advances and the easing of governmental restrictions, space activities are carried out on a much larger scale and involve subjects of both a governmental and non-governmental nature. Furthermore, the commercial uses of outer space are making space business increasingly profitable and attractive to potential investors. As the economic value of outer space activities, as well as the number of space actors grows, it is nearly inevitable that international disputes related to the use of outer space will occur. Until recently, international space law contained little dedicated machinery to settle international outer space-related disputes. This absence significantly weakened the applicability and enforceability of space law and contributed to a climate of uncertainty. In order to address these issues, the Permanent Court of Arbitration (PCA) adopted the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities on 6 December 2011. The PCA Space Rules represent a significant development in the field of space law because they provide a voluntary and binding dispute settlement method accessible to all space actors and modeled on the specific legal and economic characteristics of space activities. This paper describes the genesis of the PCA Space Rules, assesses their content and innovative character, evaluates their possible implications for the settlement of outer space disputes, and argues that they should be positively received by the outer space community.