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.     

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.     

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.     

Developing countries and space: From awareness to participation

As space commercialization is becoming a reality, and with the growing tendency for such activity to be transferred to the private sector, it is time for developing countries to assume a role in space. Space law could be of help if the interpretation of terms such as ‘common heritage’ were agreed on and sensible rules for the regulation of competition in space elaborated. But it is up to the developing states themselves to become aware of the situation, educate their public and train their personnel through participation in cooperative space ventures with the developed world.     

Assuring the sustainability of space activities

The growth of new space systems and the continued creation of orbital debris could in a few years make activities in Earth orbit unsustainable, so finding cost-effective ways to sustain space activities in Earth orbit is essential. Because outer space activities serve the needs of the military–intelligence, civil, and commercial communities, each with their own requirements, creating the necessary international agreements for reaching and maintaining a condition of sustainability will not be easy. This paper summarizes the primary issues for the international space community regarding our future ability to reap the benefit of space systems in Earth orbit. It explores several of the efforts to develop international agreements that would lead to or support the sustainability of space activities and examines the benefits and drawbacks of each approach. In particular, it reviews progress within the UN COPUOS, and examines the EU's proposal for an international Code of Conduct for Outer Space Activities. It also notes the need for states to establish or expand their own space legal infrastructure to conform to the UN treaties and guidelines for space activities.     

Issues in the implementation of the International Charter on Space and Major Disasters

The 2000 Disaster Charter initiated by the European Space Agency and the Centre National d’Etudes Spatiales is the first international mechanism to universally share remote sensing-derived information and knowledge for disaster management. It is an extensive international cooperative effort among space agencies to provide space-based assets to communities world-wide that are afflicted by disasters. After four years of operations, the Charter has successfully provided disaster relief to a number of afflicted states. Simultaneously, some deficiencies in its operational and legal provisions have been highlighted. The Charter can serve as a good case study to gain understanding of the current state and further challenges of Earth observations (EO). The purpose of this paper is to show what has been achieved through Charter operation, and to examine user requirements of EO, and what needs to be changed to serve them better.     

Outer space exploitability: International law and developing nations

This article outlines the principles upon which international space law is based. Space law has been successful so far in benefiting the developing countries without hampering the spacefaring nations. The principal treaty provisions that are of special interest to developing nations are discussed, and issues associated with remote sensing, communications and environmental harms are examined in detail. Since 1967 there has been a sharp change in the focus of legal concern towards ‘taking into account the particular needs of developing countries’, a principle that will be central to arrangements for the equitable sharing of the benefits of exploiting the space environment and its natural resources.     

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 environmental dimension of space arms control

Current debates on the prevention of an arms race in outer space are dominated by the traditional perspective of international strategic balance. This article addresses the issue through the often-neglected lens of environmental protection, reviewing a number of environmental instruments as they relate to outer space. It argues that environmental protection, as a non-traditional element, is an instrumental impetus for arms control. The current regime leaves the door open for states to develop conventional orbital weapons and ground-based anti-satellite weapons (ASATs), which would have a significant adverse impact on the space environment. Thus the law of environmental protection is deficient in effectively protecting the space environment from pollution resulting from military activities. It is further argued that the space arms control regime should be strengthened for humanity's common interest in a sustainable space environment. Preferably an international treaty should be concluded to prohibit testing, deployment and use of space-based weapons and ASATs. These substantive obligations also conform to the requirements of safeguarding international peace and security, and the security interests of spacefaring countries.     

On strengthening the role of COPUOS: Maintaining outer space for peaceful uses

This article discusses the role of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), and the importance of strengthening it in line with new developments in outer space. The author is particularly concerned about the growing threat of the militarization of space, and the issues of contamination, pollution and space debris. Existing international legal provisions are reviewed, and important provisions to maintain COPUOS's primary role are suggested.     

Beyond global: the international imperative of space

Despite provisions declarations that outer space shall be free for exploration and use by all states, it is a finite resource. This article argues for the need to ensure rational use of this resource via a major restructuring of space law. Focusing on telecommunications it proposes a change in the assignment of radio-spectrum and suggests that space must be treated as a means of advancing genuine globalisation.     

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.     

Privatization and militarization in the space business environment

Space business competition is presently fueled by two paradoxical phenomena. First, accelerated privatization of space projects leads to the militarization of outer space. Second, this militarization process in turn leads to the increased control of space ventures by a handful of nations. In other words, commerce and the military are going hand in hand to assert national objectives in outer space, no matter what space treaties and international agreements might say, so far. This could be detrimental to the multilateral cooperation spirit that should prevail in many, if not all, outer space ventures, as a consequence of the uniqueness of that environment.     

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.     

What role for Europe within a future global space exploration approach?

Europe is present in robotic exploration though the European Space Agency?s mandatory space science program and the optional Aurora program. In addition some member states are also involved in projects of non-European space faring countries through bilateral co-operations. Europe is also present in human exploration through the ISS utilization program. ESA and some of its member states participate in the activities of the International Space Exploration Coordination Group (ISECG), a club of 14 space agencies working for the elaboration of a global exploration roadmap. Finally, ESA and the European Union have initiated a political approach with the setting up of an international forum so as to elaborate a commonly agreed vision on space exploration at political level.     

Private space exploration: A new way for starting a spacefaring society?

Since the beginning space was an exclusive domain of public organizations, the role of privates is becoming more and more important, and not only in commercial activities. However, the main international treaties dealing with this subject are still based on the assumption that space activities are mostly reserved to states. In the last decade the idea that the role of privates could include the management of space infrastructures and launch vehicles gained support and now private launch services are a reality. An even wider role of privates is now advocated and private exploration and exploitation missions are discussed. This requires that space activity in general can generate an attractive return and those business models are identified.     

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.     

A selective space strategy for small countries

This article analyses the patterns and trends of small countries' participation in various forms of international space cooperation. The background to formulating a national space programme is discussed, together with considerations in linking national needs, stage of development, resources and capacity with those of the international community. The need for a selective national strategy on space activities is demonstrated: efforts must be concentrated around a few reasonably selected goals, provisions for acquiring information must be maintained, and the space programme must prepare the country for rapid development in all other fields of space research and applications, if world trends require. A brief examination of Bulgaria's space activity is made. A series of advanced space investigations have been undertaken in that country, and space technology transfer and spin-offs have resulted, with valuable benefits for the society and the economy.     

New roles in space for the 21st century: a Uruguayan view

In the economic and social circumstances of the 21st century globalized world, there is a need to rethink the traditional roles and positions in space of international intergovernmental organizations, states, both developed and developing, and humankind itself. Uruguay provides an example of a non-typical country that has managed to carve an important niche for itself in the field of space law. Although globalization is an irreversible phenomenon, which has had a devastating effect on the weakest countries, following the attacks of 11 September 2001 insecurity has become globalized for everyone. From the point of view of a state such as Uruguay, this crisis must be looked upon as an opportunity to renew and inspire intelligence, education and culture. In this way—and by continuing to argue for a global space organization—it can contribute to making the Space Age an era of global and planetary solidarity for the benefit of humankind.     

Space law and policy 2010: The IISL–IAA symposium

The first of a new series of annual symposia organized by the IISL and the IAA, in partnership with others, was held in Washington, DC in May 2010. It examined the effect of space law on international civil, commercial and governmental space activities, with the emphasis on US activities in particular. The importance of developing appropriate legal mechanisms to assure the sustainability of space was highlighted, as was the need for the legal profession to explain the differences between various legal tools for space governance. With the growing involvement of new states in space, the current legal regime may need to be amended.