20 november, 2017 prague security studies institute and ...committee on the peaceful uses of outer...
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United Nations Office for Outer Space AffairsUnited Nations Office at Vienna
www.unoosa.org
Yukiko Okumura
20 November, 2017Charles University’s Institute of Political Studies,
Prague Security Studies Institute and American Center
United Nations and TCBM
Outline
1 Intro: What is UNOOSA?
2 TCBM and Registration
3 TCBM and COPUOS
4 TCBM and UNISPACE +50
5 How to read documents
United Nations Office for Outer Space Affairs
Vision
Bringing the benefits of space to humankind
Mission Statement
The core business of the Office is to promote international cooperation in the use of outer space to achieve development. goals
CAPACITY-BUILDER: UNOOSA brings the benefits of space to humankind by building space capacity of non-
space-faring countries.
GLOBAL FACILITATOR: UNOOSA plays a leading and facilitating role in the promotion of the peaceful uses of
outer space.
GATEWAY TO SPACE: UNOOSA is the main UN agency on space matters and
facilitates the coordination of UN activities using space technology to improve lives
around the world.
Unique Roles of UNOOSA
UNOOSA Structure
The Office has carried out programs designed to disseminate information and provide training in the practical applications of space technology, in particular for developing countries:
- The Program on Space Applications- UN-SPIDER- Secretariat of the International Committee on GNSS
Space Application Section (SAS)
UNOOSA’s Capacity-Building and Outreach
• Basic Space Science Initiative
Space Weather
• Basic Space Technology Initiative
Space Technology including Small Satellites, Hands-on Training
• Human Space Technology Initiative
Kibo-CUBE Project, DropTES, Zero-Gravity Instrument Project
• UN-SPIDER
• Space Law Capacity Building
Committee, Policy and Legal Affairs (CPLA)
CPLA provides substantive secretariat services to the Committee on the Peaceful Uses of Outer Space (COPUOS), its Scientific and Technical Subcommittee and Legal Subcommittee and related working groups.
A bit of history…
9
Governance –Committee on the Peaceful Uses of Outer Space
(COPUOS)
1961: Establishment of two Subcommittees
Scientific and Technical Subcommittee (STSC)
Legal Subcommittee (LSC)
Membership to date: 86 member States and 35 organizations with permanent observer status
Reports to the Fourth Committee of the General Assembly
Adopts an annual resolution on “International cooperation in the peaceful uses of outer space”
MEMBER STATES OF COPUOS (10/2017)ALBANIA
ALGERIA
ARGENTINA
AUSTRALIA
AUSTRIA
ARMENIA
AZERBAIJAN
BAHRAIN
BELARUS
BELGIUM
BENIN
BOLIVIA
BRAZIL
BULGARIA
BURKINA FASO
CAMEROON
CANADA
CHAD
CHILE
CHINA
COLOMBIA
COSTA RICA
CUBA
CHECHIA
DENMARK
ECUADOR
EL SALVADOR
EGYPT
FRANCE
GHANA
GERMANY
GREECE
HUNGARY
INDIA
INDONESIA
IRAN
IRAQ
ISRAEL
ITALY
JAPAN
JORDAN
KAZAKHSTAN
KENYA
LEBANON
LIBYA
LUXEMBOURG
MALAYSIA
MEXICO
MONGOLIA
MOROCCO
NETHERLANDS
NEW ZEALAND
NICARAGUA
NIGER
NIGERIA
OMAN
PAKISTAN
PERU
PHILIPPINES
POLAND
PORTUGAL
QATAR
REPUBLIC OF KOREA
ROMANIA
RUSSIAN FEDERATION
SAUDI ARABIA
SENEGAL
SIERRA LEONE
SLOVAKIA
SOUTH AFRICA
SPAIN
SRI LANKA
SUDAN
SWEDEN
SWITZERLAND
SYRIA
THAILAND
TUNISIA
TURKEY
UKRAINE
UNITED ARAB EMIRATES
UNITED KINGDOM
UNITED STATES OF AMERICA
URUGUAY
VENEZUELA
VIET NAM
Disclaimer: The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
PERMANENT OBSERVERS (10/2017)
IGOs
APSCO
ARSCAW
CRTEAN
ESA
ESO
EUTELSAT-IGO
ISNET
IMSO
INTERSPUTNIK
ITSO
NGOs
AARSE AOCRS ASE
CEOS COSPAR ESPI
EURISY IAA IAASS
IAF IAU IIASA
IATA IISL ILA
ISPRS NSS PSIPW
SCOSTEP SGAC SWF
TPS ESF ISU
UNISEC -Global WSWA
Ibero-American Institute of Aeronautics and Space Law and Commercial Aviation
Information exchange through agenda items
Disaster management
Space and sustainable
development
Long-term sustainability of
outer space activities
UNISPACE+50
Space weather
Global Navigation
Satellite Systems
Space and water
Space Security and TCBMs
Space and climate change
Space law and policy
Near-Earth objects
Space and
global health
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International Space LawOne of the biggest achievements of COPUOS was the development of five UN Treaties and five sets of Principles on Outer Space
► Outer Space Treaty, 1967 (106 Ratification / 24 Signatures)► Rescue Agreement, 1968 (96/23)► Liability Convention, 1972 (95/19) ► Registration Convention, 1975 (64/3) ►Moon Agreement, 1979 (17/4)
► Declaration of Legal Principles (1963)► Broadcasting Principles (1982)► Remote Sensing Principles (1986)► Nuclear Power Sources Principles (1992)► Benefits Declaration (1996)
14
Outer Space TreatyEntry into force: 10 October 1967
• Exploration and use of outer space - province of all mankind (Article I)
• Principle of non-appropriation (Art. II)
• Weapons of mass destruction are prohibited to place in orbit around the Earth, to install on celestial bodies and to station in outer space (Art. IV)
• International responsibility for
national activities in outer space (Art. VI)
• International liability for damage (Art. VII)
• Cooperation and mutual assistance (Art. IX)
OST Art. IV・Outer space (para.1)
WMD prohibit to place in orbit around the Earth, to install on celestial bodies and to station in outer space
・Moon and other celestial bodies (para.2)
shall be used exclusively for peaceful purposes <http://cns.miis.edu/pubs/week/020722.htm>
Fiftieth Anniversary of the OST
Panel Discussion The OST: 50 years - looking ahead towards 2030 (COPUOS 60th Session)
• Provided important and valuable insight into the role of the OST over the past 50 years and in the future, giving consideration to the Scientific, technical Policy and Legal Developments in the area of space activities.
Draft Declaration on the fiftieth anniversary of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
(A/72/20, June 2017)
• Urge States to become party to the OST, in particular those States that are members of the COPUOS
Other Soft Law Instruments► Recommendation on Registration of Space Objects (2007)
► Space Debris Mitigation Guidelines (2007)
► Safety Framework for Nuclear Power Source (1986)
► Long-term Sustainability Guidelines (2018??)
Outline
1 Intro: What is UNOOSA?
2 TCBM and Registration
3 TCBM and COPUOS
4 TCBM and UNISPACE +50
5 How to read documents
Registration of Space Objects: Status
• UNOOSA maintains a central register of objects launched into outer space as the only treaty-based TCBM in Outer Space
• UNOOSA assists State parties with the identification of space objects
• UNOOSA provides data needed for the implementation and application of other treaties
UN Register on Objects Launched into Outer Space
Image credit: ESA
Liability Framework 1A launching state shall be
liable to pay compensation
for damage caused by
its space objects
(OST Art. VII & Liability Convention )
Launching State
1 State which launches a space object
2 State which procures the launching of a space object
3 State from whose territory a space object is launched
4 State from whose facility a space object is launched
Damage
Loss of life, personal injury or other impairment of health; or loss of damage to property of States or of persons, natural or juridical, or property of international intergovernmental organization
Space objects
Component parts of a space object as well as its launch vehicle and parts thereof
Damage caused by a space object
Damage in surface of the Earth
absolute liability(Liability Convention Art.II)
Space activities are beneficial, however...・incorporates ultra-hazardous activities・might cause great damage・requires knowledge of the space
technology and notoriously difficult to prove the fault
Damage in outer space
liability(Liability Convention Art. III)
Both parties acknowledge the risk of space activities.
Due diligences is required.
If there is no fault there will be no illegality to the act, hence would not be liable
Liability Framework 2
Dispute Settlement Procedures 1
State suffering damage claim compensation to the launching state through diplomatic channels not later than 1 year following the date of the occurrence of the damage (Liability Convention Art.VIII, IX, X)
If no settlement within 1 year…
The parties concerned shall establish a Claims Commission(Art. XIV)
Shall give decision no later than 1 year from the establishment (Art XIX para.3)
Dispute Settlement Procedures 2But what happens if there are multiple launching States?
Which launching State should a State suffering damage claim compensation to?
The answer is …. whichever• It is thought to be best to select the State which has the ability
and which is willing to recompense.
• A launching State which has paid compensation for damage shall have the right to present a claim for indemnification to other participants in joint launching ( Liability Convention Art. V)
The treaty aims for speedy procedure in order to save the States suffering damage.
The objective of Registration
• Regardless of the speedy process in the settlement, if the information is not shared among the States on the launching State of a space object it is difficult to claim compensation.
• Outer Space Treaty Art.VIII does not mention international registration. It only mentions on domestic registration.
• Therefore Registration Convention was adopted to provide a UN Register on objects launched in to space in order to clarify the relationship between a State and a space object.
• This framework also contributes to Rescue Agreement as well as TCBM.
•
Information required for registration (Treaty)Registration Convention (Article IV para. 1):
Each State of registry shall furnish to the Secretary-General of the UN, as soon as practicable, the following information concerning each space object on its registry:
• name of launching State or States;
• an appropriate designator of the space object or its registration number;
• date and territory or location of launch;
• basic orbital parameters, including:
(i) nodal period (time for satellite to orbit the Earth)
(ii) inclination (angle from the equator of the orbit of the satellite)
(ii) apogee (the furthest distance the orbit is from the Earth);
(iii)perigee (the closest distance the orbit is from the Earth);
• general function of the space object.
Improvement needed in maintaining the UN Registry
• Where there are two or more launching States one of them shall register the space object.(Registration Convention Art. II para.2)
• However, it is unclear whether the State of registry should be the launching State who has the jurisdiction and control over the space object. (Art. II para.2)
• The “genuine link” is not necessary required between the launching State and the space object.
• Currently, there are many cases that the supervision of a space object in outer space has been transferred to non-launching States.
• This is unfortunately due to the advancement of space technology.
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Additional Information required for registration
Recommendation on Registering Space Objects (res 62/101, 2007)
(para. 4 (a) ):
States could furnish additional information, such as;
(i) The date of change in supervision;
(ii) The identification of the new owner of operator;
(ii) Any change of orbital position;
(iii)Any change of function of the space object;
Soft Law can accumulate State Practice and serves as a tool for TCBM
Outline
1 Intro: What is UNOOSA?
2 TCBM and Registration
3 TCBM and COPUOS
4 TCBM and UNISPACE +50
5 How to read documents
COPUOS: Current Agenda Items
Disaster management
Space and sustainable
development
Long-term sustainability of
outer space activities
UNISPACE+50
Space weather
Global Navigation
Satellite Systems
Space and water
Space Security and TCBMs
Space and climate change
Space law and policy
Near-Earth objects
Space and
global health
GGE Report • Group of Governmental Experts on Transparency and
Confidence Building Measures in Outer Space Activities was established in 2011 (A/RES/65/68)
• Mandate :
To conduct a Study on TCBMs in Outer Space
• Methodology:
Review of previous GGE report and other proposals.
GGE Report (A/68/189) 2013• Information exchange on national space policy and on military space
expenditures
• Information exchange on outer space activities, including orbital parameters, possible conjunction, natural space hazards and planned launches
• Notifications on risk reductions such as scheduled maneuvers
• Voluntary visits to launch sites, command and control centers
• International cooperation, consultative mechanisms, outreach also TCBMs
• Concludes that voluntary political measures can form the basis for legally binding obligations
COPUOS, OOSA & the GGE Report
• In 2014, COPUOS invited States members of the Committee tosubmit their views on making practical use of the recommendationscontained in the GGE report (A/69/20, para. 374).
• Replies from Germany, Italy, Russian Federation and the UnitedStates of America were received (A/AC.105/1080 and Add.1 andAdd.2) and considered at the 58th session of the Committee in2015.
• COPUOS, at its 58th session, requested UN-Space to issue a specialreport on the implementation of the GGE report, includinginformation on how UN entities support the implementation ofTCBMs.
UN-Space & Safety, security and sustainability of outer space activities
• Eight United Nations entities participated in the 36th session of UN-Space, held in New York on 3 March 2016 and hosted in collaboration with ODA. The session focused primarily on the topic of TCBMs in outer space activities.
• UNOOSA prepared the special report of UN-Space on the Role of UN entities supporting Member States in implementation of TCBMs (A/AC.105/1116) in close collaboration with the UNODA, and with contributions from DFS, IAEA, ITU, UNIDIR and WMO.
UN-Space & Safety, security and sustainability of outer space activities
• The final version of the UN-Space report,A/AC.105/1116, was considered at the 59th session ofCOPUOS in 2016.
• At that session, COPUOS agreed that States members ofthe Committee should be invited to submit their viewson TCBMs in outer space activities, on the GGE report,and on the document A/AC.105/1116, to the 60th sessionof the Committee in 2017 (A/70/20, para. 272).
• The Secretary-General invited States to submit theirreports and replies received from Australia, Canada,China, Japan, Pakistan and United Arab Emirates(A/AC.105/1145 and Add.1 and Add.2) and wasconsidered by the Committee in June.
Report of the Secretary General (A/72/65)
• In paragraph 8 of its resolution 70/53, the General Assembly requested the Secretary General to submit to the Assembly, at its seventy second session, a report on the coordination of TCBMs in outer space activities in the UN system.
• A/72/65, dated 16 February 2017 and prepared by ODA, reproduces the substantive text of the special report by UN-Space (A/AC.105/1116), incorporating updates received from contributing entities as well as executive summaries of views by States (Brazil, China, Cuba, El Salvador, France, Jordan, Paraguay, United Kingdom, United States).
UNOOSA Looking Forward: Risk Reduction Notifications
• Enhanced information exchange on space objects and events, an online platform could be developed to provide regular notifications relating to risk reduction in outer space activities.
• States could enter information directly into the platform, and that information could be distributed to a network of national focal points.
• The Office’s in-house capabilities in the area of space technology could be used, and grown as necessary, to validate and verify the information. In this connection, the Office already has access to the knowledge of a network of experts in the field, including through the Regional Centres affiliated to the United Nations.
• Additionally, as it has done in the past through its media monitoring of space activities, the Office could identify possible relevant events for follow-up by national focal points.
UNOOSA Looking Forward: Space Security and Pre-Launch Notifications
• UNOOSA currently provides some pre-launch information using open source data. UNOOSA provides pre-launch notifications to the IAEA Incident and Emergency Centre on nuclear-powered satellites and other non-nuclear deep space satellite missions.
• Possible expansion of the Office’s role in the provision of pre-launch notifications. Software similar to that used to disseminate notifications under the Hague Code of Conduct against Ballistic Missile Proliferation could be used.
UNOOSA Looking Forward: Voluntary Familiarization Visits and Expert Visits
• Art. X of OST provides the basis for voluntary visits.
• The Office is well positioned, at the request of MemberStates, to share information that would facilitate voluntaryvisits to space launch sites and facilities and demonstrationsof rocket and space technologies.
• The Office would also, at the request of Member States, beable to organise the logistics of such visits, provide thetechnical and secretarial support in reporting after the visit,and keep a register of visits undertaken.
Joint Panel, First and Fourth Committees of the General Assembly
• GA decided to convene a joint panel discussion of the First and Fourth Committees to the fiftieth anniversary of the Outer Space Treaty (A/RES/71/90) entitled “Possible Challenges to Space Security and Sustainability”.
• The Outer Space Treaty – 50 years un service for the peaceful uses of outer space and in maintaining international peace and security
• The legal regime of outer space and global governance of outer space activities
• Ways and means of maintaining outer space for peaceful purposes
• Efforts to ensure space sustainability for all nations
Outline
1 Intro: What is UNOOSA?
2 TCBM and Registration
3 TCBM and COPUOS
4 TCBM and UNISPACE +50
5 How to read documents
UNISPACE+50
UNISPACE+50 is an unprecedented opportunity to address challenges and opportunities in space today, defining the
Space2030 agenda
The outcome of the UNISPACE+50 process and its thematic priorities will be a dedicatedGeneral Assembly resolution comprising a comprehensive Space2030 agenda and itsstrategic objectives for the contribution of space activities to addressing overarching,long-term development concerns.
A plan of actions will also be presented for approval with initiatives, projects andactivities.
Governance
Capacity-building
Resiliency
Interoperability
Space for sustainable development
UNISPACE+
50
ThematicPriorities
Space Economy
Space Society
Space Diplomacy
Space Accessibility
Partnership
UNISPACE+50 Process
Refers to a society, which carries out its core functions while making the best use ofspace technologies and space-based services and applications.
The 4 Pillars of Space2030
SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY
SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY
Equal and non-discriminatory access to outer space for all States, which aims at improving life on Earth, regardless of a country’s scientific, technological, and economic development.
The 4 Pillars of Space2030
SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY
Cooperation among nations in using space technologies and applications to addresscommon challenges facing humanity and to build constructive, knowledge-basedpartnerships.
The 4 Pillars of Space2030
SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY
The full range of activities and use of resources that create and provide value and benefits to human beings in the course of exploring, understanding and utilizing space.
The 4 Pillars of Space2030
7 thematic priorities agreed by COPUOS in 2016:
1. Global partnership in space exploration and innovation
2. Legal regime of outer space and global space governance: current and future perspectives
3. Enhanced information exchange on space objects and events
4. International framework for space weather services
5. Strengthened space cooperation for global health
6. International cooperation towards low-emission and resilient societies
7. Capacity-building for the 21st Century
UNISPACE+50 Thematic Priorities
Focus on thematic priority 2: Legal regime of outer space and global space governance: current and future perspectives
Objectives:
• Promote the universality of the five United Nations treaties on outer space.
• Analyze the effectiveness of the legal regime of outer space in the twenty-first century
• Studying legal mechanisms to foster an international regime of responsibility and liability– Challenges for safety / security / sustainability
– enhanced information on objects and events
– avoidance of in-orbit-collisions and interference
• Considering means to strengthen the LSC
Current Status of TP23 cluster approach decided by LSC:
• Cluster 1: Analysing the effectiveness of the legal regime of outer space; and addressing the status and scope of, and assessing and, as appropriate, addressing possible gaps in, the legal regime of outer space. As a basis of the assessment the questionnaires established under the Working Group of the five United Nations treaties on outer space will be used.
• Cluster 2: Observing the progress of the Working Group of the Long-Term Sustainability Guidelines of Outer Space Activities (LTS) and TP3. A matrix could be developed demonstrating inter-linkages between the final guidelines on the LTS and the treaties and principles and other instruments under space law.
• Cluster 3: Promoting universality of the treaties. Capacity building efforts in UNOOSA are a fundamental tool to promote universality and UNOOSA to become more operational in capacity-building for space law
Focus on thematic priority 3: Enhanced information exchange on space
objects and events
Objectives
• Define and develop requirements for enhanced information exchange and notification procedures under the United Nations Register of Objects Launched into Outer Space
• Identify cooperation mechanisms to support this objective
• Encourage capacity-building and outreach activities on transparency and confidence-building measures
Current Status of TP3
• Considering dedicated mechanism under TP3, taking into account the Working Group of Long-Term Sustainability of Outer Space Activities.
• Pending further consideration of the relationship between the objective and the planned outcome of the TP3 and the current work of the Working Group of LTS
Outline
1 Intro: What is UNOOSA?
2 TCBM and Registration
3 TCBM and COPUOS
4 TCBM and UNISPACE +50
5 How to read documents
Annual Cycle of COPUOSCOPUOS
General Assembly
A/RES/71/90“International
cooperation in the peaceful uses of
outer space”
Delegates 84 mS
STSC(30 Jan-10 Feb)
(Dec)
(7-16June)LSC
(27 Mar-7 Apr)
Report: A/72/20
Fourth Committee
of the General Assembly(October)
Agenda Items1. Adoption of the agenda2. Statement by the Chair3. General exchange of views4. Info on activities of intl organizations5. Status and application of the 5 UN treaties 6. Definition/delimitation of outer space +GSO7. National legislation8. Capacity-building in space law9. Use of nuclear power sources10.Space debris mitigation11.Non-legally binding Instruments12.Space traffic Management13.Small Satellites14.Space resources15.Intl mechanisms for cooperation16.Draft provisional agenda
All UN MS
Analyzing the DocumentsAnnotedProvisional Agenda
Daily Journals
LSC Report(A/AC.105/1122)
Check the date ofagenda item, GEX
“Digital recordings”
And listen to the statements
Agenda Items1. Adoption of the agenda2. Statement by the Chair3. General exchange of views4. Info on activities of intl organizations5. Status and application of the 5 UN treaties 6. Definition/delimitation of outer space +GSO7. National legislation8. Capacity-building in space law9. Use of nuclear power sources10.Space debris mitigation11.Non-legally binding Instruments12.Space traffic Management13.Small Satellites14.Space resources15.Intl mechanisms for cooperation16.Draft provisional agenda
(A/AC.105/C.2/ L.2)
Which delegates
view is this???
Also listen to“Adoption of the report ”
Start again looking into past reports as well!
THANK YOU
United Nations Office for Outer Space AffairsUnited Nations Office at Vienna
www.unoosa.org@unoosa
THANK YOU
United Nations Office for Outer Space AffairsUnited Nations Office at Vienna
www.unoosa.org@unoosa