Outer Space Law

International Law
• Topic : Outer Space Law

• University : USLA

• Instructor : MUDASSIR.A.SIDDIQUI
 Definition of space
• Anyone who travels more than 50 miles above
sea level is considered by the U.S. government
as an “astronaut.”
• the Federation Aeronautique Internationale—
– An international organization that certifies aviation
and space records—defines “space” as beginning at
100 kilometers—62 statute miles—above the surface
of the earth.
• Humans and vehicles that go into “space” do not
have to actually orbit the earth
 History of Man into Space
• The first human-made object to be launched into
“space” was actually a German V2 rocket from
World War II, that had been captured by the
Americans and modified after the war was over.
• The V2 rocket reached an altitude of 172
kilometers (107 miles) on October 10, 1946
• The first non-governmental vehicle to travel to
“space” was a flight by “Space Ship One,” funded
by one of Microsoft's founders, Paul Allen, and
built by legendary aircraft designer Burt Rutan
History of Man into Space(cont)
• The first flight of SpaceShipOne into space was
on June 21, 2004, and there were two flights to
win the $10 million X-Prize, one on September 29
and one on October 4, 2004.
• The project cost an estimated $20 million.
• In the case of SpaceShipOne, they used the
definition of space as 100 kilometers—62 statute
miles—above the surface of the earth.
• As you can tell, humans and vehicles that go into
“space” do not have to actually orbit the earth.
History of Man into Space(cont)
• The first human-made object to orbit the earth was the
Russian-built Sputnik 1 satellite, launched on October 4,
1957.
• This satellite had some primitive scientific experiments
aboard, and orbited between at altitudes between 200
and 940 kilometers (124 to 584 miles).
• Sputnik 1 weighed 183 pounds, was the size of a
basketball, and was visible from earth.
• It transmitted for three weeks, until its batteries failed.
• It fell from orbit 92 days after launch, after completing
1400 orbits of the earth.
History of Man into Space(cont)
• The first human in space was Yuri Gagarin, a Russian.
• The date was April 12, 1961.
• He orbited the earth once, and was returned safely to
earth
• The first American in space was Alan Shepard.
• On May 5, 1961, who rode a Redstone rocket aboard
“Freedom 7” to an altitude of 187 kilometers (116 miles),
before re-entering the earth’s atmosphere and splashing
down in the Atlantic Ocean.
• The whole trip took only 15 minutes; Freedom 7 did not
orbit the earth.
 How law consideration into
space
• On December 12, 1959, a committee of the United
Nations was established to consider the legal issues of
space travel.
• The Committee that was formed to work on these issues
is called the United Nations Committee for the Peaceful
Use of Outer Space (UNCOPUOS).
• It is still in existence today.
• In 1961, the United Nations passed a resolution
stipulating that only the peaceful use of outer space was
to be permitted.
• On October 10, 1967, the United Nations adopted the
so-called “Space Treaty of 1967.”
 How law consideration into space
(cont)
• Manned Space Flights and Space
Transport Systems:
– There are a variety of systems used to
transport people and goods into space
• Contracts between rocket manufacturers
generally call for using “best efforts” to
launch a satellite.
 More on historical perspective
• Interest of humankind in space dates back to prehistoric times
• Development of cosmo-vision, in ancient civilizations,
for example pre-colombian Olmecas and Incas.
• Considerable accumulation of scientific and astronomical knowledge
• Astronomy become a tool to understand the universe in ancient and
modern history
• Industrial revolution and XX century; fundamental evolution on
science and technology
• Launching of Sputnik marked the beginning of the space age in 1959
• Competition between the two space powers. Cold war environment
• Dissemination of space technology throughout the world due to
globalization
• New space fairing nations become more relevant on global stage
• Qualitative and quantitative space tools empowerment
 Subjects of space law
• Exploration of space and “celestial objects” (meaning
moons and planets) shall be carried out for the benefit of
all humankind.
• Outer space is not subject to being claimed by any
country on earth, by use or occupation, or any other
means.
• Exploration of space shall be done in the interest of
maintaining international peace and security, and
promoting international cooperation and understanding.
• No nuclear weapons or other weapons of mass
destruction will be placed in space, on celestial bodies,
or on space stations
 Subjects of space law (cont)
• Outer space will be used exclusively for peaceful purposes
• Governments of the earth shall regard astronauts as “envoys
of mankind” and shall render them all possible assistance in
the event of accident, distress, or emergency landing. If they
make an emergency landing, they shall be promptly returned
to their own country
• Astronauts from one country will render “all possible
assistance” to astronauts of other countries.
• If any government discovers any phenomena that would
constitute a danger to the life or health of astronauts, they
must inform all other countries
 Subjects of space law (cont)
• Governments must supervise the activities of any non-
government activities from their countries in space.
• Each government is responsible to all other countries for any
damages for the launch or use of any space vehicle.
• Ownership of objects launched from earth remains with the
country that owned it on earth.
• All countries shall work toward avoiding harmful contamination
and other changes to the environment of earth resulting from
space exploration.
• All countries shall inform the United Nations and all other
countries about the locations of its space activities.
 Why We Need Legislation
• To implement multilateral space treaties
• To govern private space activities
• To provide legal certainty for companies and their investors
• To minimize litigation
• To provide incentives for private space activities
• We need laws to govern commercial space activity
• National legislation is best manner of achieving US objectives
• Laws which are consistent with treaties offer path of least political
resistance at international level
• Laws which are based on existing US law provide easiest
learning curve for private entities’ attorneys and the courts
 Sources of Space Law and
Policy
• Custom
• Domestic and International Laws
• Treaties and Agreements
• Policy Statements and Directives
– Presidential
– DoD and the Armed Services
– Other Government Organizations
 Sources of Space Law and
Policy
• CUSTOM
• Based on maritime law and customs
• Specific differences
– Abandoned space materials are still the property
(and responsibility) of the launching nation
– Not like maritime derelicts and wrecks
• Concept: If not specifically illegal, then it is
legal
 Treaties of international space
law
• Limited Test Ban Treaty 1963
• Outer Space Treaty 1967
• Agreement on the Rescue and Return of
Astronauts 1968
• ABM Treaty 1972
• Liability Convention 1972
• Registration Convention 1975
• Moon Treaty 1979
• Strategic Arms Reduction Treaty (START I and II)
• NASA Act 1958
• Land Remote Sensing Policy Act (1992
 Limited Test Ban Treaty 1963
• Prohibits nuclear tests or explosions in
space, underwater, and atmosphere
• US, UK, and USSR original parties
• Many countries have signed since 1963
• Notably, France and PRC still have not
signed
 Outer Space Treaty 1967
TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE

EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHE

CELESTIAL BODIES

• Broad, general principles, non-binding

• Established freedom of access to space
• Nations can’t “claim” space or planets
• Establishes basic liability for damage caused by
manmade space objects
• Space is for peaceful purposes only
• No space-based weapons of mass destruction
• Over 100 countries have signed to include all
space capable nations
Outer Space Treaty 1967 (cont)

• Jus Ad Bellum Limitations

• Jus In Bello
 Jus Ad Bellum Limitations
• Peaceful Purposes
– Only Applied to the Moon and Other Celestial Bodies in the
Outer Space Treaty
– Probably a norm of customary international law
• What is the Content of the Norm?
– Demilitarized? Non Aggressive? Something in between?
• Jus ad Bellum Limits on Space Weapons
• Space Weapons can not be aggressive. They must be
Defensive:
– Necessity
– Immediacy
– Proportionality
• Key is the weapons potential uses
 Jus In Bello
• Cardinal principles of international humanitarian law
(ICJ Advisory Opinion on Nuclear Weapons)
– Protect civilians from attack
– Reduce suffering of combatants
• These rules apply during times of international armed
conflict
– But if a weapon can not conform to these rules during
wartime it would have no legal basis for being deployed
during peacetime (except non-international armed conflict)
• Key is again to look at the potential uses
– A weapon that can be used legally is not illegal because it
can also be used illegally
 Agreement on the Rescue and
Return of Astronauts 1968
• Elaborates principles stated in Article V of
Outer Space Treaty of 1967
• Astronauts are peaceful envoys of
mankind and must be returned safely and
promptly
• Recover spacecraft if possible, launching
state must pay for recovery
 ABM Treaty 1972
• Bilateral agreement between US and USSR.
Russia has affirmed.
• Deploy ABM system around capital and one missile
field
– Amended by 1974 protocol to either/or
• Deploy warning radars only on periphery
• Can’t interfere with national technical means of
verification of other party
• ABM systems and components cannot be sea, air,
space, or mobile land-based
 Liability Convention 1972
• Created effective rules and procedures
governing liability of space objects (Outer
Space Treaty, Articles VI and VII)
• Defines damage from space object
– On earth and in air: absolute
– In space: fault based
• Claims through diplomatic channels
• Cosmos 954/Skylab good examples
 Registration Convention 1975
• Requires central registry of space objects
with UN to further strengthen liability
convention of 1972
• Each state shall provide, as soon as
possible: Launching state, designator
number, date and location of launch, basic
orbital parameters and deorbit information
• Use satellite catalog to identify objects
 Moon Treaty 1979
• Declares Moon and its natural resources
to be common heritage of all mankind, and
all countries benefit from exploration,
exploitation of moon
• Wealth redistribution scheme
• Only 6 countries have signed, no space
powers have signed treaty
 Strategic Arms Reduction Treaty
(START I and II)
• START I:
– Effective 4 Dec 1994
– Limits must be met by Dec 2001
• 6000 warheads/1600 delivery systems
• START II:
– Ratified by US Congress (not Russian)
– Limits must be met by Jan 2003
• No MIRVs or “Heavy” ICBMs
• 3000-3500 total warheads
 NASA Act 1958
• Established National Aeronautics and
Space Administration
• Responsible for space activities not
related to national defense
• Peaceful exploration of space
• Enhance national prestige of the US
 Commercial Space Launch Act
(CSLA) 1984
• Purpose: To promote private sector
activity in space and provide single
agency to regulate commercial launches
• Set liability limits and made military space
launch infrastructure available for
commercial use on a cost-reimbursable
basis
 Land Remote Sensing Policy Act
(1992)
• Repealed previous LANDSAT Act of 1984
• Joint ownership of LANDSAT by DoD and
NASA
• Only unclassified images
• Civilian organizations must pay cost for
data retrieval only
Nuclear Power Sources: what about
nuclear power sources in space?
• The first nuclear power electric generator
was aboard a U.S. satellite in 1961.
• By the end of the 1970’s, there had been
21 satellites launched containing nuclear
power generators
 Nuclear Weapons and WMDs
• Banned in space by Art. IV of the Outer Space
Treaty
• ICJ Advisory Opinion on Nuclear Weapons?
– “contrary to the rules of international law applicable
in armed conflict, and in particular the principles
and rules of humanitarian law.”
– BUT : Nuclear weapons can be used when the
“very survival of a State would be at stake.”
 Uses of Geostationary Orbits
• Geostationary orbits are primarily used for
two functions:
– Weather monitoring
• Telecommunications & Broadcasting
– Commercial growth is focused on:
• DTH TV (Direct To Home: Sky TV)
• Phone, Fax, Video, Data services
• Mobile Communications
• VSAT & USAT
• Digital Radio
 Environmental Damage and
Space law
• It is possible to think about environmental damage
as being of six kinds:
– Damage caused by debris circulating in space;
– Damage caused by harmful contamination and
interference
– Damage caused by nuclear and radioactive space
activities;
– Damage to the ozone layer;
– Damage caused by space stations; and
– Damage caused by satellites designed to general
electricity on earth (the so-called “solar satellites”).
 Space Law in the Era of
Globalization
• The revolution in microelectronics, in
information technology and in computers
has established virtually instantaneous
worldwide links which, when combined
with the technologies of the telephone,
television, cable and satellite, have
dramatically altered the nature of political
communication.”
 The United Nations and the
peaceful uses of Outer Space
• Political commitment of International Community
• Application of the UN Charter and General international law
• Fears of non peaceful uses of outer space and indiscriminate
exploitation
• United Nations mandate the creation of a particular body
within its system
• The Committee on the Peaceful Uses of Outer Space was
established in 1959
• Main objectives:
– Preservation of the peaceful uses of outer space
– Focal point of international cooperation
– Study legal problems resulting of the exploration of outer space
– Promote technical and scientific space contributions
Inte
 UN Space Treaties
• Five (5) Major Space Treaties:
– Treaty on Principles Governing the Activities of States
in the Exploration and Use of Outer Space, including
the Moon and Other Celestial Bodies.
– Agreement on the Rescue of Astronauts, the Return
of Astronauts and the Return of Objects Launched
into Outer Space.
– Convention on International Liability for Damage
Caused by Space Objects.
– Convention on Registration of Objects Launched into
Outer Space.
– Agreement Governing the Activities of States on the
Moon and Other Celestial Bodies.
 Recent Achievements of
UNCOPUOS
• UNISPACE III “The Space Millennium: Vienna
Declaration on Space and Human development”,
1999 and recommendations
• Declaration on International Cooperation in the
exploration and Use of Outer Space for the
Benefit and in the Interest of all States, Taking
into Particular Account the Needs of Developing
Countries, 1996
• Resolution A/RES/59/115 of 10 December 2004
on the notion of « Launching State »;
• Resolution A/RES/62/101 of 17 December 2007
on registration of space objects
 Recent Achievements of UN-
COPUOS (cont)
• Resolution 55/122 of December 8, 2000; Agreement over
the character and uses of the geostationary orbit;
coordination principles of the uses of GEO
• Promoting adherence to Space Treaties and identifying
main obstacles
• Dissemination and information on States legislation
practices on registration
• Regimen on Nuclear power sources GEO
• Unidroit Protocol on matters specific to space assets
• Legal implications on sustainable development
• Space debris mitigation guidelines
• Promotion of Space Law and reinforcing inter-agency
approaches
• Regulating UNISPACE main tangible results: SPIDER
and GNSS
 Conclusion
• The space plane which is in the research and
development stage in some countries will
drastically change the future transportation
system. The emergence of the space plane
enables us to fly to the opposite side of the earth
within a few hours and bring a large number of
persons and cargo to the low orbit of the earth.
However, this kind of new transportation system
brings us various legal problems which need to
be solved because of its dual concepts .