The role of the united nations in promoting international cooperation in peaceful uses of outer space

The Committee on the Peaceful Uses of Outer Space (COPUOS) was established in 1959 by the United Nations General Assembly in order to review and foster international cooperation in the peaceful uses of outer space and to consider legal issues arising from the exploration of outer space. Since its establishment, the Committee has addressed such issues as benefits from space activities, the definition and delimitation of outer space and the use of the geostationary orbit, implications of remote sensing, space sciences, space-based communications, navigation and meteorological systems, as well as use of nuclear power sources in outer space, space debris and spin-off benefits of space technology. At its session in 1996, a symposium on the ‘Utilization of micro- and small satellites for the expansion of low-cost space activities, taking into particular account the needs of developing countries’ was organized by COSPAR and IAF to complement discussions on this theme. It was noted at the symposium that the increasing number of small satellites, in particular the proposed introduction of multi-satellite ‘constellations’ at low orbits, would result in concentrations of satellite mass at certain regions of space around the Earth. Special provisions would be needed to minimize the probability of satellite breakups and collisions which might create more space debris and compromise the future of spaceflight.     

Arms control and disarmament in space: the rough road to Vienna 1984: Part I

This article examines the international legal and diplomatic questions relating to arms control and disarmament, focusing on space-based activities. These relate importantly to the development of anti-satellite satellites (ASATs) and ballistic missile defence systems (BMDs). Part I of the article examines the goal of ‘peaceful uses’ of outer space as elaborated in national policies and in international fora, the debate that has has taken place at the international level over the meaning and definition of peaceful purposes, legal manoeuvres, particularly in the UN, and US responses, and recent Soviet initiatives relating to space militarization. Part II will appear in the next issue, and will consider the US Presidential-Congressional dialogue on these questions and recent Presidential initiatives.     

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).     

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.     

Shaping a legal framework for the commercial use of outer space: recommendations and conclusions from Project 2001

Private and commercial activity in outer space still poses challenges to space law and policy. Within ‘Project 2001’—a legal research project by the University of Cologne's Institute of Air and Space Law and the German Aerospace Center (DLR)—six international expert working groups examined international and national laws, in order to identify gaps and, where necessary, propose improvements to the present legal framework for private space activities. The results were presented and discussed at an international colloquium in May 2001 in Cologne, Germany, where final conclusions have been drawn. This report presents a summary of the project's work and main conclusions, which are documented in full in a comprehensive book to be published in May 2002.     

International outer space law

This report is an edited version of a talk given by Professor Christol at the Conference on Law and Life in Space, held at the Center for Aerospace Sciences, University of North Dakota, Grand Forks, ND, in September 1986. Professor Christol reviews the principles of space law as they relate to the relations between states, through existing treaties and agreements. He offers a hope that, through ‘strategic stability’, conditions will emerge for further agreements, and for public international outer space law to become more rigorous.     

A new paradigm for international cooperation in space exploration

In announcing a new Vision for the US space program, President George Bush committed the USA to “a long-term human and robotic program to explore the solar system”, via a return to the Moon, leading to exploration of Mars and other destinations. He also stated that other nations would be invited to join the vision. Many other nations have, or are developing, ‘exploration visions’ of their own. The potential for international cooperation therefore exists, both at the vision and program/project levels. This paper, based on Working Group discussions as part of an AIAA space cooperation workshop,¹ presents an approach for maximizing the return on all global investments in space exploration. It proposes an international coordination mechanism through which all these various national activities could be integrated into an inherently global enterprise for space exploration, a ‘virtual program of programs’. Within the context of the coordination, individual activities would utilize the full range of cooperative mechanisms for implementation. A significant benefit of this mode of conducting cooperation is that it would not require the negotiation of complex overarching international agreements as a precondition for initiating international activity.     

Leadership for new US strategic directions

Although faced with the new global challenges of terrorism and peer competition, the USA has been slow to adapt its cold war forces, and newer ‘warfighter’ strategy to meet them. Cyberspace and outer space offer the means to do this, via ‘responsive’ microsatellites and low-cost launchers, and broadband internet information and education services. The US military leadership is, however, not well enough versed in these technologies, with senior personnel largely lacking a space or technical background and having little appetite for change. If the USA is successfully to meet current challenges, it must first create a leadership that is technologically capable and philosophically attuned to change.     

The militarization of space: A policy out of step with world events?

The onset of the Space Age had strong military overtones, but these were restrained by international agreement and the creation of civilian-led agencies such as NASA. Currently, however, a number of developments threaten to seriously undermine the concept of peaceful utilization of space, in particular the Strategic Defense Initiative, anti-satellite weapons research, and the routine intentional destruction of military satellites. There are nevertheless several factors mitigating military influence in space: the arrival of ‘non-superpowers’ as significant space explorers; greater ecological awareness; the virtual end of the Cold War; reaction against the cost and wastefulness of open-ended military expenditure; and the realization of the comparative efficiency of civil as opposed to military space expenditure in stimulating industry.     

Surreal estate: addressing the issue of ‘Immovable Property Rights on the Moon’

At a time when scientific and commercial interest in the Moon is being reinvigorated it is becoming fashionable for ordinary individuals to ‘buy’ plots on the lunar surface, with the ‘vendors’ arguing that an absence of specific prohibition of individual private activity in space makes such action legal. It is therefore time for the legal community to address this situation by investigating just how legal such activity is—and bringing their findings to the attention of governments. This can be done through an examination of the relationship between national law and international space law, of the provisions of international space law—especially Article 2 of the Outer Space Treaty—and by answering any claims to private ownership of immovable property. Aside from the fact that individuals appear to be being duped, the pursuit of property claims on the Moon could impede future activities aimed at benefiting society.     

State of the art, lightweight scientific experiments available for small to micro satellite missions

A selection of light weight scientific instruments originally designed for major international missions but which, because of their modest resource requirements, can now in addition be flown aboard ‘small’ to ‘micro’ satellites are, briefly, described. These instruments have the capability to either make measurements of constituents of the Earth's energetic particle environment, or provide detailed monitoring of multiple parameters of the cold terrestrial ionospheric plasma. Scientific reasons for flying such instruments in LEO are, in each case, advanced. Individually, they constitute representative examples of a mature genre of commercially available (a cost parameter of £100k/kg can be achieved), light weight, space qualified, instruments which can contribute significantly to the implementation of first class scientific programs aboard small/micro satellites. Uniquely fault tolerant data processing units are a feature of these devices.     

Trends in the global space arena – Impact on Africa and Africa's response

Since the establishment of the United Nations Committee on the Peaceful Exploration and Uses of Outer Space (COPUOS) in 1959, many actions that affect the advancement of the space frontier have been taken, within and outside COPUOS, in the interest of the global community, but without much input from Africa. Yet a number of African countries have joined those with assets in space, albeit without the necessary infrastructure on the ground. These actions vary in scope, in importance and in participation; however, they affect us all. Examples include the legal instruments that are in operation today for the exploration and peaceful uses of outer space, sustainability of the outer space environment and the Global Exploration Strategy– Framework for Coordination (GES–FC), conceived by 14 spacefaring nations; this laid out the details needed for an active global space exploration programme. This paper reflects on existing space-related regional cooperation arrangements at the inter-governmental level, including the African Leadership Conference on Space Science and Technology for Sustainable Development (ALC). Noting that, despite UN General Assembly endorsement of the need for developing countries to have access to the International Space Station (ISS), almost all in Africa have not, it asks what Africa might gain from such an experience. The paper concludes with an examination of where and why Africa needs to focus its immediate space-related efforts – on the ground here on Earth or in outer space?     

Star wars brought to earth

This article considers the thinking behind, and the ramifications of, President Reagan's Star Wars ‘vision’. The author argues that the Strategic Defense Initiative (SDI) is incompatible with other aspects of the Reagan administration's own defence policies and that the ‘security shield’ version of it would make future US-Soviet arms agreements impossible. Only the so-called ‘prudent hedge’ research looks viable in the longer term. The SDI's main value will have been in bringing the USSR back to the negotiating table.     

The vision of human spaceflight

This viewpoint charts the historical origins of humans’ fascination with discovering, and having the possibility of visiting, outer space, arguing that acceptance of change is crucial to realizing such dreams. In the past, change was neither expected nor particularly welcomed but scientific and technological discoveries and advances––often made in the face of ‘establishment’ (e.g. Church) opposition––have persuaded people of the desirability of progress. Science fiction writers too have played a part in inspiring humans to want to explore the cosmos. Even if the current US Vision for space exploration proves politically unsustainable, today's humans will not abandon their dreams of space travel.     

Competitiveness of commercial space transportation services

Competition between the providers of space transportation has become intense with the distinct possibility of governments providing both direct and indirect subsidies in order to influence transportation user choices. This bodes well for users of transportation services but has serious ramifications with regard to the future makeup of the international space transportation industry. This paper addresses the following key issues: selecting a launch service given a decision to establish a business to provide satellite communication services; establishing the price that should be bid by a launch provider in order to have a specified chance of being awarded the launch contract; and assessing the possibility that a launch provider is utilizing unfair or predatory pricing in order to increase the likelihood of winning launch contracts and thereby increasing market share. A method is developed and results presented based upon establishing ‘value in use’ pricing that explicitly takes into account the multiple attributes of alternative launch services. This leads to an assessment of ‘predatory’ pricing in terms of the value in use pricing.     

Europe's space plans and opportunities for cooperation

This is a slightly abridged and edited version of the welcoming speech made by European Commission Vice-President Günter Verheugen at the ‘Winning through co-operation: sharing the benefits of space’ conference held in Brussels on 17–18 February 2005 as part of European Space Week. The importance of space for Europe across many areas—now explicitly acknowledged by the European Commission—is highlighted. Future initiatives are discussed and the Union's approach to international cooperation is outlined. It was hoped that the conference would provide an opportunity for participants to identify the best opportunities for partnership in space.     

Tackling the barriers to progress

Over 200 people attended the ‘International Business in Space’ conference, organized by the Center for Space Policy Inc, Cambridge, MA, USA, in Washington, DC, 9–11 January 1985. The official focus - commercial space developments in the USA, Canada, Europe and Japan - was somewhat of a misnomer. While US, Canadian and European views and interests were well represented, the Japanese element was almost completely absent. Virtually every category of organization likely to be involved in the ‘industrialization of space’ was strongly represented: government agencies, major and medium-sized aerospace companies, entrepreneurial space firms, and service organizations, eg consulting groups, law firms and financial institutions. Not surprisingly at this stage, attendance by non-aerospace potential users of space was very weak. This report highlights two major themes - international cooperation and the role of overnments.     

Switzerland and space – how a small country succeeds

Is it possible for small nations to get their concerns aired or improve their industries and economies in the field of space activities? In this edited version of a speech to the international symposium on ‘The History of the European Space Agency’, held in London, 11–13 November 1998, the author demonstrates that, through judicious cooperative endeavour within the framework of ESA, and a willingness to put forward solutions rather than harping on problems, it is. Switzerland’s role in the foundation of ESA is discussed, along with various successful initiatives taken by the country. The particular difficulties presented by the country’s constitution – and how they have been overcome – are also examined. The author concludes with some thoughts on the present and futute state of space affairs in Europe.     

Outer space and cosmopolitics

The two superpowers engaged in power politics on Earth, the USA and the USSR, have devoted great financial and technical efforts to the exploration, control and use of outer space, primarily to gain power-political advantages. This article considers the issue of power politics in outer space. The history and the instruments of ‘cosmopolitical power’ are discussed, as well as the attempts to limit the superpowers' dominance. A united Western Europe is seen to have a major role to play in providing a counterbalance to the concentration of space power.     

What do nations want from international collaboration for space exploration?

From 2006 to 2007 14 space agencies developed a Global Exploration Strategy outlining the rationales, goals, and timelines for space exploration. As more nations gain support for exploration programs and begin executing missions, the informal meetings of the Global Exploration Strategy ‘partners’ should be formalized through the establishment of a new international collaboration mechanism for space exploration. This paper outlines a set of desirable criteria a new collaboration mechanism should meet to encourage participation by the major space powers. The criteria were developed by synthesizing information from interviews with space agency representatives, government representatives, and space policy professionals from 10 of the Global Exploration Strategy countries. The criteria give an insight into the current requirements for international collaboration in space exploration.