international space law

8/8/2019 International Space Law

http://slidepdf.com/reader/full/international-space-law 1/32

SPACE LAW

1KDR/RGSOIPL/2008



EARLY DEVELOPMENTS

USSR launched the first earth satellite Sputnik in October 1957.

Roman Law Principle: he who owns the land owns it up to the sky.

The Committee on the Peaceful Uses of Outer Space was set up by the UNGeneral Assembly in 1958 with 18 members.

Now it has 69 Members

Soviet jurists like Korovin and Zhukov declared that space was res comunis

common property of mankind.

Not res nullius belonged to no one.

Wilfred Jenks, ICLQ 1957, 99

KDR/RGSOIPL/2008

2



UN INITIATIVES

Delimitation 50 to 100 miles air space space

A.1 of UN Charter: responsibility for lawmaking to maintain international

peace and security.

1959 GA-R. 1472 International Co-operation in Peaceful Uses of OuterSpace.

ITU, WMO, ICAO, UNESCO

The UN appointed an ad hoc Committee on the Peaceful Uses of Outer Space(COPUOS) under GA Resolution 1348 and 1721 of 1961.

It declared that outer space and celestial bodies were free for explorationand use by all states in conformity with the international law.

KDR/RGSOIPL/2008

3



1962

UN GA Resolution 1962- Xvii Adopted in 1963.

Declaration of Legal Principles Governing the Activities of States inthe Exploration and Use of Outer Space.

It provided for: use of space for the benefit of al mankind

Freedom of exploration in accordance with international law.

Prohibition of national appropriation of space

International responsibility of states in outer space

International liability of states for damage and assistance toastronauts.

KDR/RGSOIPL/2008

4



OUTER SPACE TREATY, 1967

On June 16, 1966, both the United States and the Soviet Union

submitted draft treaties.

1967 Treaty on Principles Governing the Activities of States in

the Exploration and Use of Outer Space, including the Moon and

Other Celestial Bodies.

98 ratifications

India signed and ratified

A.1 freedom of outer space on the basis of equality.

KDR/RGSOIPL/2008

5



OUTER SPACE TREATY

A.II - Outer space, including the moon and other celestial bodies,

is not subject to national appropriation by claim of sovereignty, by

means of use or occupation, or by any other means.

Prohibition of WMD A.IV prohibits the placing of nuclear

weapons in an orbit around the earth.

The Moon and other celestial bodies shall be used by all States

Parties to the Treaty exclusively for peaceful purposes.

KDR/RGSOIPL/2008

6



OUTER SPACE TREATY

A.V stipulates that astronauts as envoys of mankind in outer

space and shall render to them all possible assistance in the event

of accident, distress, or emergency landing on the territory of another State Party or on the high seas.

A.VI liability

States Parties to the Treaty shall bear international responsibility

for national activities in outer space, including the Moon and other

celestial bodies, whether such activities are carried on by

governmental agencies or by non-governmental entities

KDR/RGSOIPL/2008

7



OUTER SPACE TREATY

A.VII liability of launching state

Each State Party to the Treaty that launches or procures thelaunching of an object into outer space, including the Moon and

other celestial bodies, and each State Party from whose territory

or facility an object is launched, is internationally liable for damage

to another State Party.

A.IX states shall seek cooperation and assistance from other

states and conduct activities with due regard to the interest of

other states.

KDR/RGSOIPL/2008

8



OUTER SPACE TREATY

A.X observation of space programmes on the basis of equality.

A.XI obliges states to keep the UN informed of the type of activitythey undertake in space.

A.XII Installation in space shall be open to inspection.

A.XIII space treaty to inter-governmental organizations and groups

of states.

KDR/RGSOIPL/2008

9



SHORT COMINGS

The treaty does not provide an international agency like ICAO.

KDR/RGSOIPL/2008

10



RETURN OF ASTRONAUTS

Agreement on the Rescue of Astronauts, the Return of Astronauts

and the Return of Objects Launched into Outer Space (the "Rescue

Agreement", adopted by the General Assembly in its resolution 2345(XXII)), opened for signature on 22 April 1968, entered into force on

3 December 1968, 90 ratifications, 24 signatures, and 1 acceptance

of rights and obligations (as of 1 January 2008);

A.1 any state receives information about personnel of a spacecrafthave suffered accident or are experiencing conditions of distress or

have made an emergency or unintended landing in territory should

immediately report to the launching authority.

KDR/RGSOIPL/2008

11



RETURN OF ASTRONAUTS

A.2 states shall render all assistance to astronauts in distress.

A.3 enjoins states to cooperate and help astronauts in difficultyover the high seas.

A.4 astronauts found in any state owing to an accident shall be

returned to the launching state.

The state should notify the Secretary-General of the United Nations.

KDR/RGSOIPL/2008

12



LIABILITY CONVENTION

Convention on International Liability for Damage Caused by Space

Objects (the "Liability Convention", adopted by the General

Assembly in its resolution 2777 (XXVI)), opened for signature on 29March 1972, entered into force on 1 September 1972, 86

ratifications, 24 signatures, and 3 acceptances of rights and

obligations (as of 1 January 2008);

liability for damage caused by space objects and to ensure, inparticular, the prompt payment under the terms of this Convention

of a full and equitable measure of compensation to victims of such

damage.

KDR/RGSOIPL/2008

13




States (countries) bear international responsibility for all space

objects that are launched within their territory.

This means that regardless of who launches the space object, if it

was launched from State As territory, or from State As facility, or

if State A caused the launch to happen, then State A is fully liable

for damages that result from that space object.

Full liability to the extent of damage.

KDR/RGSOIPL/2008

14




A.XII - The compensation which the launching State shall be liable

to pay for damage under this Convention shall be determined in

accordance with international law and the principles of justice andequity.

A.XIV if the parties are not settling the claims through diplomatic

negotiations, both parties may constitute a claim commission.

KDR/RGSOIPL/2008

16



COSMOS 954

However, in 1978, the crash of the nuclear-powered Soviet satellite

Cosmos 954 in Canadian territory nearly led to a claim under the

Convention.

For these recovery efforts, the Canadian Government billed the

Soviet Union $6,041,174.70 for actual expenses and additional

compensation for future unpredicted expenses; the U.S.S.R.

eventually paid the sum of three million Canadian dollars.

KDR/RGSOIPL/2008

17



SKYLAB

Launched in 1973

Skylab crashed in Western Australia the following year, and whilethere were no deaths, injuries, or significant damage, the shire of

Esperance, Western Australia did fine the Government of the

United States $400 for littering as a result of Skylab crashing to

earth over Australia.

KDR/RGSOIPL/2008

18



USA 193

USA 193, also known as NRO launch 21 (NROL-21 or simply L-

21), was an American military spy satellite launched on

December 14, 2006.

The satellite malfunctioned shortly after deployment, and was

intentionally destroyed 14 months later on February 21, 2008.

KDR/RGSOIPL/2008

19



REGISTRATION CONVENTION

Convention on Registration of Objects Launched into Outer Space

(the "Registration Convention", adopted by the General Assembly

in its resolution 3235 (XXIX)), opened for signature on 14 January1975, entered into force on 15 September 1976, 51 ratifications, 4

signatures, and 2 acceptances of rights and obligations (as of 1

January 2008);

mandatory system of registering objects launched into outerspace.

KDR/RGSOIPL/2008

20



REGISTRATION

Each launching State shall maintain a registry for registration of all

space launches and inform the Secretary-General of the United

Nations of the establishment of such a registry.

Mandatory reporting to the UN Secretary General

KDR/RGSOIPL/2008

21



MOON TREATY

Agreement Governing the Activities of States on the Moon and OtherCelestial Bodies (the "Moon Agreement", adopted by the GeneralAssembly in its resolution 34/68), opened for signature on 18 December

1979, entered into force on 11 July 1984, 13 ratifications and 4signatures (as of 1 January 2008).

Australia, Austria, Belgium, Chile, Kazakhstan, Lebanon, Mexico,Morocco, Netherlands, Pakistan, Peru, Philippines, and Uruguay, haveratified it. France, Guatemala, India and Romania have signed but havenot ratified it.

As it is non-ratified by any major space-faring powers and unsigned bymost of them, it is of no direct relevance to current space activities.

India signed not ratified.

KDR/RGSOIPL/2008

22



MOON TREATY

The treaty makes a declaration that the Moon

(which the treaty notes includes all celestial bodiesfor the purposes of language) should be used for the

benefit of all states and all peoples of the

international community.

It also expresses a desire to prevent the Moon frombecoming a source of international conflict. To those

ends the treaty:

KDR/RGSOIPL/2008

23



MOON TREATY

Bans any military use of celestial bodies, including weapon testing or asmilitary bases.

Bans all exploration and uses of celestial bodies without the approval or

benefit of other states.

Requires that the Secretary-General must be notified of all celestialactivities.

Declares all states have an equal right to conduct research on celestial

bodies. Declares that for any samples obtained during research activities, the

state that obtained them must consider making part of it available to allcountries/scientific communities for research.

KDR/RGSOIPL/2008

24



MOON TREATY

Bans altering the environment of celestial bodies and requires that

states must take measures to prevent accidental contamination.

Bans any state from claiming sovereignty over any territory of

celestial bodies.

Requires all resource extraction and allocation be made by an

international regime for exploitation of natural resources.

A.11 the moon and its natural resources are the common heritage

of mankind.

KDR/RGSOIPL/2008

25



DTB

Direct Television Broadcasting

The UN drafted some principles according to GA Res. 2916 of 1972.

India put up a working draft 1981

Application of international law to DTB

Copyright and neighbouring rights.

KDR/RGSOIPL/2008

26



REMOTE SENSING

Argentina put up first proposal in 1970

1975 COPUOS formed principles serious differences Principles adopted in 1986

Declaration of Principles Regarding the Remote Sensing of Earth from

Space, 1986.

Remote Sensing: the sensing of the Earth's surface from space by makinguse of the properties of electromagnetic waves emitted, reflected or

diffracted by the sensed objects, for the purpose of improving natural

resources management, land use and the protection of the environment.

KDR/RGSOIPL/2008

27



REMOTE SENSING

The term "primary data" means the raw data that are

acquired by remote sensors borne by a space object and that

are transmitted or delivered to the ground.

The term "processed data" means the products resulting from

the processing of the primary data.

Principle II - Remote sensing activities shall be carried out for

the benefit and in the interests of all countries, irrespective of their degree of economic, social or scientific and

technological development.

KDR/RGSOIPL/2008

28



REMOTE SENSING

P.III - Remote sensing activities shall be conducted in accordance

with international law,

including the Charter of the United Nations, the Treaty on PrinciplesGoverning the Activities of States in the Exploration and Use of

Outer Space, including the Moon and Other Celestial Bodies etc.

P.IV - These activities shall be conducted on the basis of respect for

the principle of full and permanent sovereignty of all States and

peoples over their own wealth and natural resources, with due

regard to the rights and interests, in accordance with international

law, of other States and entities under their jurisdiction.

KDR/RGSOIPL/2008

29



REMOTE SENSING

P.V International Co-operation

P.VII - States participating in remote sensing activities shall make

available technical assistance to other interested States on mutuallyagreed terms.

P.XI - Remote sensing shall promote the protection of mankind from

natural disasters.

P. XII - As soon as the primary data and the processed dataconcerning the territory under its jurisdiction are produced, the

sensed State shall have access to them on a non-discriminatory

basis and on reasonable cost terms.

KDR/RGSOIPL/2008

30



SHARING OF ORBIT

Geostationary orbit - 22,400 miles (36,000 KM) above equator.

Space debris issue?

KDR/RGSOIPL/2008

31



THANK YOU

KDR/IIT KGP/RGSOIPL/-2008

32

international space law

Documents