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UNITED NATIONS
Committee on peaceful
uses of outer space
BACKGROUND GUIDE
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Table of Contents
Letter from the Executive Board.3
Committee Structure.4
Overview..............................5
Agenda ...5
International space law....5
The Outer Space Treaty.................7
Recent Developments...........10
Role of the United Nations and other major actors.......11
United Nations.....11
United States of America...12
United Kingdom...12
Russian Federation....13
COSPAR......13
Major Space Agencies ......14
Bibliography..14
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LETTER FROM THE EXECUTIVE BOARDHello Delegates!
We warmly welcome you to the United Nations Committee on the Peaceful Uses of Outer
Space at none other than JKMUN 2013! It is our pleasure to be presiding over such a dynamic
and intriguing committee this year, and we assure you of an extremely enriching learning
experience through this MUN.
The following pages intend to guide you with the nuances of the agenda as well as the Council.
The Guide chronologically touches upon all the different aspects that are relevant and will lead
to fruitful debate in the Council. Make sure you go through the guide in as much detail as you
can, as this will be forming the basis of your entire research for the conference. However,
please do take note that the background guide only contains certain basic information which
may form the basis for the debate and your research as well. This guide will be your starting
point!
What we would expect from delegates is knowledge, research and facts. We also want to see
how delegates can respect disparities and differences of opinion and work around these while
extending their own foreign policy so that it encompasses more of the others without
compromising their own stand. Moreover, we also expect you to respect at all times, other
delegates as well as your executive board members as respect and humility are values
essential to a good delegate.
We wish you all the very best for your research and hope you are able to delve into the
important aspects of the agenda with immense clarity. Our email IDs and contact details are
listed below and feel free to contact us in case of any help required!
Note: Please note that all information given in this Background Guide is solely for the
Research purposes of the delegates. No authentication or proof from the inputs of the
Background Guide is advocated.
With that we wish you the best of luck for the Conference!
Executive Board
UNCOPUOS
Brijesh Choudhary Shubham Rajrah
Chairperson 1 Chairperson 2
[email protected] [email protected]
Mob: +919796285767 Mob: +919796228772
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COMMITTEE STRUCTURE AND MANDATE
The Office for Outer Space Affairs is the United Nations office responsible for promoting international
cooperation in the peaceful uses of outer space. The Office forms part of the United Nations Office at
Vienna and serves as the Secretariat for the General Assembly's only committee dealing exclusively withthose issues: the Committee on the Peaceful Uses of Outer Space. The Committee has two
subcommittees: the Scientific and Technical Subcommittee and the Legal Subcommittee.
The Committee on the Peaceful Uses of Outer Space was set
up by the General Assembly in 1959 (resolution 1472 (XIV)) to
review the scope of international cooperation in peaceful uses
of outer space, to devise programs in this field to be
undertaken under United Nations auspices, to encourage
continued research and the dissemination of information on
outer space matters, and to study legal problems arising from
the exploration of outer space.
The Office for Outer Space Affairs implements the United Nations Programme on Space Applications
(PSA) and works to improve the use of space science and technology for the economic and social
development of all countries, particularly developing countries. The Office implements the decisions of
the General Assembly and of the United Nations Committee on the Peaceful Uses of Outer Space;
performs functions of the Secretariat of the United Nations Committee on the Peaceful Uses of Outer
Space and its Scientific and Technical and Legal Subcommittees; coordinates the inter-agency
cooperation within the United Nations on the use of space technology; implements the United Nations
Programme on Space Applications; maintains coordination and cooperation with space agencies and
intergovernmental and non-governmental organizations involved in space-related activities. The Office
maintains, on behalf of the United Nations Secretary- General, the Register of Objects Launched into
Outer Space.
The Committee and its two Subcommittees meet annually to consider questions put before them by the
General Assembly, reports submitted to them and issues raised by the Member States. The Committee
and the Subcommittees, working on the basis of consensus, make recommendations to the General
Assembly.
The fifty-sixth session of the Committee on the Peaceful Uses of Outer Space was held from 12-21 June
2013 at the United Nation Office at Vienna, Vienna International Center, Vienna, Austria.
___________________________
Links for further research:
http://www.oosa.unvienna.org/oosa/COPUOS/copuos.html
www.oosa.unvienna.org/
http://www.oosa.unvienna.org/oosa/COPUOS/copuos.htmlhttp://www.oosa.unvienna.org/oosa/COPUOS/copuos.htmlhttp://www.oosa.unvienna.org/oosa/COPUOS/copuos.html -
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Overview
In 1958, shortly after the launching of the first artificial satellite, the General Assembly decided to
establish an ad hoc Committee on the Peaceful Uses of Outer Space(resolution 1348 (XIII), with 18
members, in order to consider:
the activities and resources of the United Nations, the specialized agencies and other
international bodies relating to the peaceful uses of outer space;
international cooperation and programmes in the field that could appropriately be undertaken
under United Nations auspices;
organizational arrangements to facilitate international cooperation in the field within the
framework of the United Nations; and
legal problems which might arise in programmes to explore outer space.
In 1959, the General Assembly established the Committee as a permanent body and reaffirmed its
mandate inresolution 1472 (XIV). In 1961, the General Assembly, considering that the United Nations
should provide a focal point international cooperation in the peaceful exploration and use of outer
space, requested the Committee, in cooperation with the Secretary-General and making full use of the
functions and resources of the Secretariat.
AGENDA
International dissemination on outer space with special
reference to the Outer Space Treaty
International Space Law
International Space Law is a sub study of Space Law which includes both domestic and international
space law. However, it is much more debated and controversial than domestic space law because it is
very difficult to come to a consensus when it comes to laws for international space area. Five
international treaties and five "declarations and legal principles" were developed through the United
Nations, which maintains an Office of Outer Space Affairs (OOSA) in Vienna, Austria.The Synopsis on the four other major treaties on International Space Law is as follows:
1. Agreement on the Rescue of Astronauts, Return of Astronauts, and Return of Objects
Launched into Space (the "Astronaut Rescue and Return Agreement")
Entered into force 3 December 1968. 90 ratifications, 24 signatures, and 1 acceptance of rights and
obligations as of January 1, 2008.
http://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_13_1348.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_13_1348.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_13_1348.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_14_1472.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_14_1472.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_14_1472.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_14_1472.htmlhttp://www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_13_1348.html -
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States Parties are to render humanitarian assistance to astronauts in distress or who have made an
emergency or unintended landing on their territory, and to return the astronauts to the launching
authority.
2. Convention on International Liability for Damage Caused by Space Objects (the "Liability
Convention")Entered into force 1 September 1972. 86 ratification, 24 signatures, 3 acceptances of rights and
obligations as of January 1, 2008
Procedures are created for presenting and resolving claims for damages caused by space objects on the
Earth, to aircraft, or to other space objects.
The launching state is absolutely liable for damage caused on Earth's surface or to aircraft in flight; if
the damage is caused elsewhere (e.g., in space), the launching state is liable only if the damage is due to
its fault or the fault of persons for whom it is responsible.
3. Convention on Registration of Objects Launched into Outer Space (the "Registration
Convention")
Entered into force 15 September 1976. 51 ratifications, 4 signatures, and 2 acceptances of r ights and
obligations as of January 1, 2008.
States Parties are to maintain a national register of objects launched into space.
States Parties must report certain information about the launch and payload to the United
Nations as soon as practicable, and notify the U.N. when an object no longer is in orbit.
4. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the
"Moon Agreement")
Entered into force 11 July 1984. 13 ratifications and 4 signatures as of January 1, 2008.
Exploration and use of the Moon shall be carried out for the benefit and in the interest of all countries,
and due regard shall be paid to the interests of present and future generations and to the need to
promote higher standards of living and conditions of economic and social progress and development in
accordance with the U.N. charter. The Moon and its natural resources are the common heritage of mankind; neither the surface nor the
subsurface nor any part thereof shall become property of any State, international intergovernmental or
non-governmental organization, national organization or non-governmental entity or of any natural
person.
States Parties shall undertake to establish an international regime to govern the exploitation of the
Moon's natural resources as such exploitation is about to become feasible. The regime's purposes
include the orderly and safe development of the Moon's natural resources, the rational management of
those resources, the expansion of opportunities to use those resources, and an equitable sharing by all
States Parties in the benefits derived from those resources, whereby the interests and needs of the
developing countries, as well as the efforts of those countries which have contributed either directly or
indirectly to the exploration of the Moon, shall be given special consideration.
________________________
Links for further research:
www.un.org/ga/maincommittees.shtmlhttp://www.oosa.unvienna.org/oosa/en/SpaceLaw/index.html
http://www.oosa.unvienna.org/oosa/en/COPUOS/Legal/index.html
http://www.oosa.unvienna.org/oosa/en/COPUOS/stsc/index.html
http://www.un.org/ga/maincommittees.shtmlhttp://www.un.org/ga/maincommittees.shtmlhttp://www.oosa.unvienna.org/oosa/en/SpaceLaw/index.htmlhttp://www.oosa.unvienna.org/oosa/en/SpaceLaw/index.htmlhttp://www.oosa.unvienna.org/oosa/en/COPUOS/Legal/index.htmlhttp://www.oosa.unvienna.org/oosa/en/COPUOS/Legal/index.htmlhttp://www.oosa.unvienna.org/oosa/en/COPUOS/stsc/index.htmlhttp://www.oosa.unvienna.org/oosa/en/COPUOS/stsc/index.htmlhttp://www.oosa.unvienna.org/oosa/en/COPUOS/stsc/index.htmlhttp://www.oosa.unvienna.org/oosa/en/COPUOS/Legal/index.htmlhttp://www.oosa.unvienna.org/oosa/en/SpaceLaw/index.htmlhttp://www.un.org/ga/maincommittees.shtml -
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THE OUTER SPACE TREATY
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that
forms the basis of international space law. The treaty was opened for signature in theUnited States, the
United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967.As of May 2013, 102 countries are states parties to the treaty, while another 27 have signed the treaty
but have not completed ratification.
The Outer Space Treaty was considered by the Legal Subcommittee in 1966 and agreement was reached
in the General Assembly in the same year (resolution 2222 (XXI). The Treaty was largely based on the
Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer
Space, which had been adopted by the General Assembly in its resolution 1962 (XVIII) in 1963, but
added a few new provisions. The Treaty was opened for signature by the three depository Governments
(the Russian Federation, the United Kingdom and the United States of America) in January 1967, and it
entered into force in October 1967.
The Outer Space Treaty provides the basic framework on international space law, including the
following principles:
The exploration and use of outer space shall be carried out for the benefit and in the interests
of all countries and shall be the province of all mankind;
Outer space shall be free for exploration and use by all States;
Outer space is not subject to national appropriation by claim of sovereignty, by means of use
or occupation, or by any other means;
States shall not place nuclear weapons or other weapons of mass destruction in orbit or on
celestial bodies or station them in outer space in any other manner;
The Moon and other celestial bodies shall be used exclusively for peaceful purposes;
Astronauts shall be regarded as the envoys of mankind;
States shall be responsible for national space activities whether carried out by governmental
or non-governmental entities;
States shall be liable for damage caused by their space objects; and
States shall avoid harmful contamination of space and celestial bodies.
________________________
Links for further research:
eniipediaorgiiOuterSpaceTreatunoosaorgoosaSpaceaouterspthtmlwww.unoosa.org/pdf/publications/STSPACE11E.pdf
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The Organization established for that task a special Committee on the Peaceful Uses of Outer Space
(COPUOS), first as an ad hoc committee in 1958 and, in 1959, as a permanent body. The COPUOS has
become the focal point for all space-related cooperative programmes furthered by the United Nations
and its Member States.
It created two subcommittees, one Legal, and the other Scientific and Technical, to consider specificproposals concerning the development of international cooperation, in their respective fields, of space
exploration for peaceful purposes. In resolution 1721 (XVI) of 20 December 1961, the General
Assembly adopted by consensus a wide programme for such multilateral cooperation. The same
resolution commended two fundamental principles to States for their guidance in space activities,
namely that international law, including the Charter of the United Nations, applies to outer space and
celestial bodies, and that outer space and celestial bodies are free for exploration and use by all States in
conformity with international law and are not subject to national appropriation.
The 1963 Declaration included a set of general principles which characterized the legal status of outer
space and celestial bodies and outlined the scope of legality for activities of States in the space
environment. It also provided initial rules for handling some already known problems of the space
activities undertaken at that time, thus creating starting points for a further regulation of space projects
by space law. As a General Assembly resolution, the Declaration could not establish binding norms of
international law. Nevertheless, already during the period of its adoption, it was considered to be the
basis for a future legally binding treaty.
The 1967 Outer Space Treaty bans the stationing of weapons of mass destruction (WMD) in outer space,
prohibits military activities on celestial bodies, and details legally binding rules governing the peaceful
exploration and use of space. Ninety-nine countries are states-parties to the treaty, while another 26
have signed it but have not yet completed ratification.
Fuelled by concerns about U.S. missile defense plans and space policy, many countries support
negotiation of additional outer space agreements. For instance, China and Russia are urging the 65-member UN Conference on Disarmament in Geneva to negotiate a treaty to prevent an arms race in
outer space. In February 2008, the two countries submitted a draft treaty text to the conference, which
has failed for several years to achieve the necessary consensus to start negotiations on an outer space
treaty.
The term "weapons of mass destruction" is not defined, but it is commonly understood to include
nuclear, chemical, and biological weapons. The treaty, however, does not prohibit the launching of
ballistic missiles, which could be armed with WMD warheads, through space.
The treaty repeatedly emphasizes that space is to be used for peaceful purposes, leading some analysts
to conclude that the treaty could broadly be interpreted as prohibiting all types of weapons systems, not
just WMD, in outer space.
________________________
Links for further Research:
http://en.wikipedia.org/wiki/Militarisation_of_space
http://www.uncosa.unvienna.org/
http://www.uncosa.unvienna.org/uncosa/en/iamos/index.html
http://www.uncosa.unvienna.org/uncosa/en/wssd/index.html
http://en.wikipedia.org/wiki/Militarisation_of_spacehttp://www.uncosa.unvienna.org/http://www.uncosa.unvienna.org/uncosa/en/iamos/index.htmlhttp://www.uncosa.unvienna.org/uncosa/en/wssd/index.htmlhttp://www.uncosa.unvienna.org/uncosa/en/wssd/index.htmlhttp://www.uncosa.unvienna.org/uncosa/en/iamos/index.htmlhttp://www.uncosa.unvienna.org/http://en.wikipedia.org/wiki/Militarisation_of_space -
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The treaty's key arms control provisions are in Article IV. States-parties commit not to:
Place in orbit around the Earth or other celestial bodies any nuclear weapons or objects carrying WMD.
Install WMD on celestial bodies or station WMD in outer space in any other manner.
Establish military bases or installations test "any type of weapons," or conduct military exercises on the
moon and other celestial bodies.
Born out of anxiety about the Cold War and excitement about the Space Age, the agreement is a tribute
to the ability of diplomats to draft international law that is simultaneously effective but is claimed to be
incompetent by some. Successful in preventing states from claiming sovereign territory in outer space
the treaty also hobbled space exploration and development. Today, human activity in outer space is
confined to low Earth orbit and unmanned space exploration of the solar system proceeds at a leisurely
pace. The Space Age has sputtered to a crawl and it is believed that the 1967 Outer Space Treaty
deserves a large measure of the blame.
The core legal principle of the 1967 Outer Space Treaty declared that everywhere beyond the
atmosphere to be res communis, an international commons rather ain to the international aters of
the open oceans on Earth, rather than terra nullius, the sort of territory that is unclaimed yet claimable
by states as sovereign territory. In what was then stirring, and today preposterous, language of the
agreement, all of outer space as declared the Common Home of Manind to be explored and
exploited by all countries and for the benefit of all humanity.
There are two most criticised flaws in the 1967 Outer Space Treaty. The first flaw is that it created an
anti-commons The general problem is that establishing a commons runs the ris of creating perverse
incentives. Where the commons is easy to exploit the likely result is the degradation of its renewable
resources. That much has been understood by public policymakers at least since publication of Garret
Hardins influential essa The Traged of the Commons ess appreciated is that establishing a
commons can also establish an anti-commons Eliminating the possibilit of reaping reards from a
desired activity discourages that desired activity. When the 1967 Outer Space Treaty eliminated the
possibility that states could claim territory on the final frontier it also extinguished an importantmotivation for states and private firms to engage in exploration and development. Had the policy
purpose of the treaty been wilderness preservation in outer space then today it would be declared a
smashing success. Beyond low Earth orbit, outer space remains a wilderness that benefits no one except
astronomers and stargazing lovers.
The 1967 Outer Space Treaty may expire as controlling international law well before humanity ever
encounters any extraterrestrials, indulgent or otherwise. Any resumption of human exploration on
celestial objects is liable to expose both territorial ambition and the flaws of the treaty. The recent
emergence of competition between the United States and China to return to the Moon and establish
permanent bases ill compel both interest in establishing national control over our satellites better
territories and their resources. Although NASA has encouraged participation by the other major nationalspace programs in its projected Moon base, participation by the Chinese is clearly unwelcome.
Planting rival Moon bases might be sufficient to cause one of the other of the powers to renounce
(denounce) the agreement and prompt resurgence of energetic human space exploration and perhaps
development. Fortunately, the 1967 Outer Space Treaty has an easy to operate escape hatch: signatory
states are free to withdraw from the agreement within one year of giving notice. American, Russian, or
Chinese withdrawal would reduce the treaty to irrelevance.
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RECENT DEVELOPMENTS
During the last five decades, an international legal basis for space activities was built up. It was
established in the United Nations through its Committee on the Peaceful Uses of Outer Space and its
Legal Subcommittee, which contributed to the progressive development of international law in a specialfield of outer space. The present system of space law now comprises the UN Space Treaties and
Principles, other international space agreements and also national laws, which complete international
norms by national regulations of activities performed under the jurisdiction of individual States.
Since more than two decades, there are important new developments that may change also the legal
order for outer space activities. At least, we can observe a considerable difference to the beginning of
the space age when there were only two space powers, the United States of America and the then
Soviet Union. The tendency towards commercialization as an orientation towards profit-making and
even to privatization and a considerably growing number of users of outer space may ask for new
answers and may ask for new legal regulation. In the following, the attempt will be made to briefly
sketch out the changing parameters of the use of outer space and then to come up with a description of
the present and perhaps the challenges of the future legal order.
The first man-made object to completely orbit the Earth was the Soviet satellite, Sputnik, which was
launched in 1957. In 1958, the US followed with the Explorer satellite. At the time, what was most
significant about these launches was that they showed that each country had the capability to fire
intercontinental ballistic missiles at the other. This took the terrestrial nuclear arms race, which began
with the US development and use of nuclear weapons in 1945, to a new level. Since 1957, satellites have
become important in their own right. As of 2007, there were at least 800 satellites in outer space,
photographing the planet and the universe, and receiving and beaming signals for everything from
radios, cell phones, computers, and televisions to telescopes, weather stations, navigational equipment,
and military surveillance.
Since 1969, Russia, Japan, China, and India have each conducted their own exploration of the Moon. In
addition, Russia, the US, Japan, and the EU have explored Venus, 12 and 13 countries have agreed to
collaborate to explore Mars. Since 1998, 16 countries have participated in the construction of,
experiments at, and explorations from the International Space Station (ISS). The space station is
composed of labs built by the North American Space Agency (NASA), Russia, the European Space Agency
(ESA), and Japan. It is manned by a crew of up to 6 scientists and other individuals (including tourists)
who are shuttled back and forth in Russian spacecraft, now that the US has ended its space shuttle
program. This was not the first space station but is the largest to date and the first to involve extensiveinternational cooperation in an effort to share costs. Since the Sputnik launch, outer space has also
become a realm for corporate research and investment. In 2006, Bigelow Aerospace, which is based in
Nevada, launched the first private space station, or habitat, called Genesis I. Its plan is to lease space to
corporations and others interested in research and travel.
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In Europe, in 1980 the semi-private firm Arianespace was established which became heavily involved in
commercial launches. Europe is probably the region of the world that is very advanced in
commercialization and privatization of the launching market. Other countries which today possess
launching capability, such as Russia, Kazakhstan, Ukraine, China and India provide public launch services,
but are in an increasing way engaged in commercial uses. Europe basically uses Arianespace and thus
the semi-private enterprise. Thus, the launching sector is still predominantly public but in a growing way
commercialized and partially even semi-privatized. The largest and most attractive commercial use of
outer space is the use through satellites. There are three major forms of such satellite use, namely using
outer space by telecommunication satellites, by satellites for Earth observation so called remote
sensing and by navigation satellites.
With regard to telecommunication, which is the most lucrative space application, one can observe a
considerable move towards privatization. The international telecommunication public enterprise
INTELSAT had been privatized and is now Intelsat Inc. Moreover, we find private satellite uses like for
example SES Astra in Luxembourg and the US enterprise IRIDIUM. So, one can clearly find a tendency
towards privatization. With regard to remote sensing of the Earth by satellites, we can find, on the one
hand, semi-public entities running the remote sensing for commercial ends like ENVISAT (ESA), ERS
(ESA), LANDSAT (NASA), SPOT (CNES, France), IRS (ISRO, India), Earth Observation System (EOS, NASA),
Terrasar X and Tandem X by Germany (DLR). On the other hand, there are commercial providers such as
ECONOS (US), Quick Bird (US), Orbit View (US) and Rapid Eye (Germany).
The use of the International Space Station (ISS) is governed by public entities. It is based on the
Intergovernmental Agreement of the United States, Russia, Japan, Canada and 10 ESA Member States.
The rationale of the ISS is rather unclear. Besides its high political value as a symbol of inter-State
cooperation, there are, of course, primarily scientific purposes which the ISS shall serve. Dollars as space
tourists made it clear that the participants of this great endeavour will call for commercial uses of theInternational Space Station.
ROLE OF THE UNITED NATIONS AND OTHER MAJOR ACTORS:
UNITED NATIONS:
The United Nations has the most important role to play in the formation, development and amendment
of International Space Law and treaties. The Office for Outer Space Affairs, a UN Commission is the one
responsible for coordinating International Space Law through deliberations with member nations of the
United Nations. Therefore, the importance of the UN in bringing different parties to the table,
conducting negotiations and forming the most widely acceptable law is paramount.
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In the past as well, through discussions on global platforms and the subsequent formation of the Outer
Space Treaty among others, the United Nations has served the greater purpose of settling space related
disputes between member nations.
UNITED STATES OF AMERICA:
The United States originally took the approach of establishing, in addition to a general space law, the
National Aeronautics and Space Act of 1958, three specific sets of national laws for each of the three
respective areas where private enterprise has become substantially involved in space activities:
launching, satellite communications and satellite remote sensing. In the course of the 1990s, policy
makers apparently and increasingly became aware of a number of overarching and transversal issues
and problems amongst the various sectors. Also the growing private and commercial use of the Global
Positioning System (GPS) signals and the impending prospect of partly commercial International Space
Station (ISS) operations called for a more comprehensive approach to private and commercialinvolvement in US space activities.
The CommercialSpace aunch Act as enacted on 30 October 1984 specificall to deal ith one ofthe
three fields of interest to private enterprise: launching activities. It was directly aimed at inducing
involvement of the United States private sector in such activities. Even more to the point, it was the
absence of substantial success in the prodding of private enterprise to enter the business that led to the
enactment of Amendments to the aunch Act in 1988 These Acts ere later incorporated more
formally into the US Codes, solidifying the relevant arrangements without fundamentally changing
them.
As active US involvement in the context of the World Trade Organization to enhance global liberalization
and privatization of satellite communications and the ORBIT Act in particular have shown, US policy over
the last years has largely focused on international aspects of the sector.
In many ways, the US market is considered mature enough not to require fundamental or even
revolutionary domestic legislative activities; the focus is rather on making existing procedures (even)
more flexible and business-friendly. The major legal issue involved in this context is that concerning the
possible auctioning and ownership of frequency assignments, which is why one might expect the major
national policy and legislative developments to arise in that area.
UNITED KINGDOM:
On 18 July 1986, the United Kingdom promulgated its Outer Space Act, which entered into force in1989.
The major reason for such legislative action was the growing need to implement domestically, the
relevant rules of international space law vis-a-vis private enterprise. The Act itself repeatedly refers to
the international obligations of the United Kingdom in this respect. The Act in practical terms applies to
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the launching, or procuring of launching, of a space object, the operation thereof, or "any activity in
outer space". Especially the inclusion of procurement should be noted. It is relevant, as a non-space
activity, in terms of international space law liability. Even more sweepingly, carrying on an activity in
outer space is defined as "causing it to occur or [being] responsible for its continuing". An individual
involved anywhere down the chain of causation or responsibility could thus find himself included in the
scope of the Act. As a consequence, he might be obliged to refund the government for any international
liability claims awarded - this, moreover, without a right to participate in the proceedings itself.
Within the United Kingdom for some time a debate has been raging in particular as to whether the
liability and insurance obligations are still in line with overall UK policies vis-a-vis private activities. One
might expect activities such as those envisaged by Mr. Branson (a UK citizen) in setting up Virgin Galactic
to raise the stakes in this debate even further. In particular issues of safety and liability, both third party
and contractual vis-a-vis the passengers, would have to be dealt with. No doubt the debate will make
reference one way or another to similar contexts in civil aviation, whether or not it will in the end find its
way into the UK Outer Space Act.
RUSSIAN FEDERATION:
On 20 August 1993, the President of the Russian Federation signed the Russian law regarding space
activities, thus bringing it into force. 25 Included within the aims of the Law is the regulation of any
potential private involvement in the activities under consideration. While it should be noted that many
issues are explicitly deferred to further future legislation, at this point from the perspective of private
enterprise the following picture arises.
The scope of the Russian Law in practical terms - as does the license obligation - comprises all activities
"immediately connected with operations to explore and use outer space". Space communications and
space remote sensing are expressly enumerated as examples, while launch activities undoubtedly fall
within the general circumscription as provided.
COMMITTEE ON SPACE RESEARCH (COSPAR):
The Committee on Space Research (COSPAR) was established by the International Council for Science in
1958.Among COSPAR's objectives are the promotion of scientific research in space on an international
level, with emphasis on the free exchange of results, information, and opinions, and providing a forum,
open to all scientists, for the discussion of problems that may affect space research.
These objectives are achieved through the organization of symposia, publication, and other means.
COSPAR has created a number of research programmes on different topics, a few in cooperation with
other scientific Unions. The long term project COSPAR international reference atmosphere started in
1960; since then it produced several editions of the high atmosphere code CIRA, The code "IRI" of the
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URSI-COSPAR working group on the International Reference Ionosphere was first edited in 1978 and is
yearly updated. The Committee on Space Research has also been involved in translating provisions of
the Outer Space Treaty and others into recommendations and is often an observer at the United Nations
Committee on Peaceful Uses of the Outer Space sessions.
MAJOR SPACE AGENCIES:
NASA (www.nasa.gov/)
ESA (www.esa.int/)
JAXA axapindexehtml) UKSA(http://www.bis.gov.uk/ukspaceagency)
CNSA(http://www.cnsa.gov.cn/n615709/cindex.html)
ISRO(http://www.isro.org/) ROSCOSMOS(http://www.roscosmos.ru/)
BIBLIOGRAPHY:
http://www.atomicarchive.com/Treaties/Treaty4.shtml
http://untreaty.un.org/cod/avl/ha/tos/tos.html
http://www.thespacereview.com/article/2305/1
http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1024&context=nlrhttp://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1011&context=spacelaw
http://www.oosa.unvienna.org/pdf/pres/2010/SLW2010/02-12.pdf
http://www.unvienna.org/unov/en/unoosa.html
http://www.un.org/documents/ga/docs/56/a5620.pdf
http://www.un.org/documents/ga/docs/56/a5620.pdf
_______________________
LINKS FOR FURTHER RESEARCH:
http://www.fas.org/nuke/control/ost/text/space1.htm
http://history.nasa.gov/1967treaty.html
http://www.au.af.mil/au/awc/awcgate/au-18/au180044.htm
http://www.fas.org/nuke/control/ost/text/space5.htm
http://www.state.gov/www/global/arms/treaties/space1.html
http://www.armscontrol.org/factsheets/outerspace
http://www.esa.int/http://www.bis.gov.uk/ukspaceagencyhttp://www.cnsa.gov.cn/n615709/cindex.htmlhttp://www.isro.org/http://www.roscosmos.ru/http://www.un.org/documents/ga/docs/56/a5620.pdfhttp://www.un.org/documents/ga/docs/56/a5620.pdfhttp://www.un.org/documents/ga/docs/56/a5620.pdfhttp://www.un.org/documents/ga/docs/56/a5620.pdfhttp://www.roscosmos.ru/http://www.isro.org/http://www.cnsa.gov.cn/n615709/cindex.htmlhttp://www.bis.gov.uk/ukspaceagencyhttp://www.esa.int/