The need for a United Nations space policy

The international community is entering an era of shared global utilities from space and is increasingly reliant on space systems and activities that support a myriad of applications and utilities on Earth. A growing number of states are seeking to develop or extend their space capabilities. At the same time, a variety of non-state actors are also extending their involvement in space activities. The United Nations is the principal inter-governmental forum to deal with various space issues of global importance. Moreover, the United Nations system itself has become increasingly reliant on space systems for its day-to-day operations. In order for the United Nations to play its necessary role in the space arena, it will need to be supported by a space policy. A United Nations space policy would provide over-arching guidance on space activities for UN stakeholders in the space arena; it would inform UN participation in space activities and would promote improved coordination and cooperative governance of outer space activities. A world without a common UN space policy will not be able to respond to the challenges of the rapidly evolving space arena in the 21st century.     

Space Debris at the United Nations

Rules for activities in outer space are agreed upon in the Committee on the Peaceful Uses of Outer Space of the United Nations. Several international treaties have been adopted in the 1970s, that is, at a time before space debris became a concern for the international community. In the years 1979–1988 numerous documents were prepared by the UN Secretariat on space debris, but no official discussions of the problem were initiated by states members of the COPUOS. First proposals for introducing the matter to the UN appeared around 1988, after important studies on the subject were published by states and leading intergovernmental organizations. Also the International Telecommunication Union became concerned about the proliferation of space debris in the geostationary orbit and adopted in 1993 a recommendation to restrict the generation of debris and to re-orbit satellites approaching the end of their active lives into disposal orbits beyond the belt populated by active satellites. In 1994, the UN started discussing scientific and technical aspects of space debris. In the following years, with the assistance of experts from prominent space agencies, it elaborated a Technical Report on space debris. Legal aspects of the problem have not yet begun being discussed because the necessary consensus among states members of the COPUOS has not yet been achieved. Very recently, the UN received first information on a wider subject, space traffic management.     

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.     

Technical and legal issues surrounding space debris—India''s position in the UN

This article briefly presents the historical background, as seen by ISRO and India, to the growing problem of space debris. It describes the technical aspects of ISRO's activities in the field of space debris, and the grey areas in technical understanding, which may impede legal discussions. Analysis of the cost and technical aspects of reorbiting satellites from geostationary Earth orbit (GEO) is detailed, since this is an important area for India and other developing countries. The article also briefly describes ISRO's views of the applicability and relevance of the existing space treaties to a possible future legal regime for space debris. Debates are currently taking place in the UN and other multilateral fora on the subject of space debris and the situation is dynamic. The main aim of this article is to inform readers of ISRO's and India's position in the UN on the subject of space debris, in terms of its technical, political and legal aspects. Certain issues of importance from the legal point of view, though not of immediate urgency, are also discussed.     

国外空间环境试验与探测技术现状与发展趋势

文章分析了与航天器飞行有关的4类空间环境的特点;介绍了国外空间环境试验技术的现状与发展概况。文章还重点分析了未来空间环境探测的发展趋势:加强了对空间环境动态变化的探测;将星座探测摆在重要地位;以地球轨道卫星为发展的主流;利用卫星加大对空间环境探测的力度;加强国际合作。国外空间环境探测的经验表明,我国应重视发展地球轨道探测卫星,尽快提高卫星有效载荷的水平。     

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.     

Space commercialization and the law

This article examines the current legal status of commercial activities in space and describes the legislation — both national and international — existing for their regulation. The question of who is responsible for the action of non-governmental entities is thoroughly discussed, as is the notion of freedom of enterprise. Finally the author looks at the most commercialized areas of space activities — telecommunications and Earth observations — before drawing some conclusions on likely future trends in the privitization and regulation of space activities.     

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.     

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).     

Stepping stones toward global space exploration

Several nations are currently engaging in or planning for robotic and human space exploration programs that target the Moon, Mars and near-Earth asteroids. These ambitious plans to build new space infrastructures, transport systems and space probes will require international cooperation if they are to be sustainable and affordable. Partnerships must involve not only established space powers, but also emerging space nations and developing countries; the participation of these new space actors will provide a bottom-up support structure that will aid program continuity, generate more active members in the space community, and increase public awareness of space activities in both developed and developing countries. The integration of many stakeholders into a global space exploration program represents a crucial element securing political and programmatic stability. How can the evolving space community learn to cooperate on a truly international level while engaging emerging space nations and developing countries in a meaningful way? We propose a stepping stone approach toward a global space exploration program, featuring three major elements: (1) an international Earth-based field research program preparing for planetary exploration, (2) enhanced exploitation of the International Space Station (ISS) enabling exploration and (3) a worldwide CubeSat program supporting exploration. An international Earth-based field research program can serve as a truly global exploration testbed that allows both established and new space actors to gain valuable experience by working together to prepare for future planetary exploration missions. Securing greater exploitation of the ISS is a logical step during its prolonged lifetime; ISS experiments, partnerships and legal frameworks are valuable foundations for exploration beyond low Earth orbit. Cooperation involving small, low-cost missions could be a major stride toward exciting and meaningful participation from emerging space nations and developing countries. For each of these three proposed stepping stones, recommendations for coordination mechanisms are presented.     

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.     

How shall we live in space? Culture, law and ethics in spacefaring society

The US civilian space program is focused on planning for a new round of human missions beyond Earth orbit, to realize a ‘vision’ for exploration articulated by President George W. Bush. It is important to examine this ‘vision’ in the broader context of the global enterprise of 21st century space exploration. How will extending a human presence into the Solar System affect terrestrial society and culture? What legal, ethical and other value systems should govern human activities in space? This paper will describe the current environment for space policy making and possible frameworks for future space law, ethics and culture. It also proposes establishment of a World Space Conference to aid deliberations on the above.     

Taking a common-pool resources approach to space sustainability: A framework and potential policies

This paper examines Nobel Prize Winner Elinor Ostrom's principles for sustainable governance of common-pool resources (CPR), capturing the best practices of CPRs over the years, which avoid the “Tragedy of the Commons” without being either completely privatized or controlled by a Leviathan entity. Ostrom's principles highlight, inter alia, the need for clear boundary definitions, rules tailored to fit the domain, who has a say in formulation of collective-choice agreements and operational rules, monitoring of behavior, graduated penalties, and conflict resolution mechanisms. In the context of the space domain they highlight issues such as the definition of where space begins, gaps in the existing liability regime, the concept of collaborative space situational awareness, and how best to include emerging and developing space actors in negotiations and decision making. The paper concludes that Ostrom's principles highlight specific areas on which to focus initial space sustainability efforts and national and international policy. It also recommends further analysis into how best to translate her principles to the space domain, where they may not be wholly applicable because of the unique nature of space, and how to evolve space governance institutions and mechanisms to best suit the unique environment of outer space.     

A failure of international space cooperation: the International Earth Observing System

This paper examines the failure of the Earth Observation International Coordination Working Group to implement an International Earth Observation System. Tracing the history of both the Group and the mission concept, it explains the political and organizational failures that took place. It shows that these failures were linked to different approaches to international cooperation in Earth observation data policy. The main points of contention existed between Working Group members, NASA and ESA. NASA favored formal and binding legal arrangements, while ESA preferred to avoid institutionalized legal commitments. Success in coordinating and harmonizing data policy on a multilateral basis for Earth observation missions is more likely to be achieved by pursuing agreement on general principles and terms of reference than by seeking specific legal agreements.     

The CPR approach to space sustainability: Commentaries on Weeden and Chow

Space sustainability is emerging as a core element of national policy and international initiatives. At this time, however, a coherent strategy and supporting policies have not been developed. To initiate a conversation to develop such a strategy, the authors have applied the principles developed by Elinor Ostrom for terrestrial common-pool resource (CPR) governance to near-Earth orbit in space. A concern arises as to whether Ostrom's eight principles are a good “fit” for application to space CPR because of the unique physical characteristics of space and the legal underpinnings of our presence there. This commentary will address selected issues raised by Weeden and Chow, and suggest alternative ways to approach near-Earth orbit sustainability.     

Space traffic management: concepts and practices

The value of a space traffic management system must weigh the historical and legally entrenched concept of the freedom of operation in near-Earth orbit against the potential benefits of a new regulatory regime. Most spacefaring nations do not yet exert control over the selection of orbital parameters for new space systems within their own countries, much less in an international context. The need for and potential effectiveness of such intrusive space traffic management in the foreseeable future have not yet been clearly established.     

Outer space,Geneva and the Conference on Disarmament: Future directions

Global dependence on the space sector is increasing rapidly. However, the growing challenges outer space poses to international security have not, as yet, been effectively addressed in the United Nations Conference on Disarmament (CD) or in other multilateral fora. This paper briefly reviews the current state of affairs of international security and outer space and explores the challenges the international community faces in building international agreements for improved space security and global stability. It examines some of the hurdles that are faced in tackling space security issues are and provides some thinking on ways to overcome them. The paper concludes that there is a potential role for the disarmament community and the CD in particular. As potential conflicts in outer space emerge, having invested bodies and communities such as the CD and a strong cadre of disarmament diplomats and NGOs to act as an informed hub on space and disarmament issues is essential.     

Assessment on the feasibility of future shepherding of asteroid resources

Most plausible futures for space exploration and exploitation require a large mass in Earth orbit. Delivering this mass requires overcoming the Earth's natural gravity well, which imposes a distinct obstacle to any future space venture. An alternative solution is to search for more accessible resources elsewhere. In particular, this paper examines the possibility of future utilisation of near Earth asteroid resources. The accessibility of asteroid material can be estimated by analysing the volume of Keplerian orbital element space from which Earth can be reached under a certain energy threshold and then by mapping this analysis onto an existing statistical near Earth objects (NEO) model. Earth is reached through orbital transfers defined by a series of impulsive manoeuvres and computed using the patched-conic approximation. The NEO model allows an estimation of the probability of finding an object that could be transferred with a given Δv budget. For the first time, a resource map provides a realistic assessment of the mass of material resources in near Earth space as a function of energy investment. The results show that there is a considerable mass of resources that can be accessed and exploited at relatively low levels of energy. More importantly, asteroid resources can be accessed with an entire spectrum of levels of energy, unlike other more massive bodies such as the Earth or Moon, which require a minimum energy threshold implicit in their gravity well. With this resource map, the total change of velocity required to capture an asteroid, or transfer its resources to Earth, can be estimated as a function of object size. Thus, realistic examples of asteroid resource utilisation can be provided.     

Threats, risks, and sustainability—Answers from space: Results of the ESPI conference

An initiative was undertaken by the European Space Policy Institute (ESPI) on 10–11 December 2007 to shed new light on the various threats to long-term sustainability on Earth using an interdisciplinary approach. The main objective of this conference was to analyse how space could be a tool for prediction, management or mitigation of threats and risks in six sectors (environment, security, mobility, knowledge, resources and energy) defined by ESPI as the main areas for sustainability. For each sector, one (non-space) speaker from a think-tank covering the respective sector and two speakers from the space sector exchanged views and ideas in order to identify common needs for action to ensure sustainability in the field. Such a dialogue between sector specialist and space experts permitted a detailed examination of the way space has become a crucial tool in solving a variety of today's problems. It also identified areas where space applications could better respond to sectoral and future challenges.     

Earth observation from space – The issue of environmental sustainability

Remote sensing scientists work under assumptions that should not be taken for granted and should, therefore, be challenged. These assumptions include the following:1. Space, especially Low Earth Orbit (LEO), will always be available to governmental and commercial space entities that launch Earth remote sensing missions.2. Space launches are benign with respect to environmental impacts.3. Minimization of Type 1 error, which provides increased confidence in the experimental outcome, is the best way to assess the significance of environmental change.4. Large-area remote sensing investigations, i.e. national, continental, global studies, are best done from space.5. National space missions should trump international, cooperative space missions to ensure national control and distribution of the data products.At best, all of these points are arguable, and in some cases, they're wrong. Development of observational space systems that are compatible with sustainability principles should be a primary concern when Earth remote sensing space systems are envisioned, designed, and launched. The discussion is based on the hypothesis that reducing the environmental impacts of the data acquisition step, which is at the very beginning of the information stream leading to decision and action, will enhance coherence in the information stream and strengthen the capacity of measurement processes to meet their stated functional goal, i.e. sustainable management of Earth resources. We suggest that unconventional points of view should be adopted and when appropriate, remedial measures considered that could help to reduce the environmental footprint of space remote sensing and of Earth observation and monitoring systems in general. This article discusses these five assumptions in the context of sustainable management of Earth's resources. Taking each assumption in turn, we find the following:(1) Space debris may limit access to Low Earth Orbit over the next decades.(2) Relatively speaking, given that they're rare event, space launches may be benign, but study is merited on upper stratospheric and exospheric layers given the chemical activity associated with rocket combustion by-products.(3) Minimization of Type II error should be considered in situations where minimization of Type I error greatly hampers or precludes our ability to correct the environmental condition being studied.(4) In certain situations, airborne collects may be less expensive and more environmentally benign, and comparative studies should be done to determine which path is wisest.(5) International cooperation and data sharing will reduce instrument and launch costs and mission redundancy. Given fiscal concerns of most of the major space agencies – e.g. NASA, ESA, CNES – it seems prudent to combine resources.