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Space law
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Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space", although most lawyers agree that outer space generally begins at the lowest altitude above sea level at which objects can orbit the Earth, approximately 100 km (60 mi) (the Kármán line).
The inception of the field of space law began with the launch of the world's first artificial satellite by the Soviet Union in October 1957. Named Sputnik 1, the satellite was launched as part of the International Geophysical Year. Since that time, space law has evolved and assumed more importance as humankind has increasingly come to use and rely on space-based resources.
NASA STS-121 Launch
Contents
Early developments
International treaties
International principles and declarations
Consensus
1998 ISS agreement
National law
Geostationary orbit allocation
Future
See also
References
External links
Early developments Edit
Beginning in 1957, nations began discussing systems to ensure the peaceful use of outer space.[1][2] Bilateral discussions between the United States and USSR in 1958 resulted in the presentation of issues to the UN for debate.[1][3][4] In 1959, the UN created the Committee on the Peaceful Uses of Outer Space (COPUOS).[5] COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of international agreements relating to outer space.
International treaties Edit
Five international treaties have been negotiated and drafted in the COPUOS:
The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty").
The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").
The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").
The 1975 Convention on Registration of Objects Launched into Outer Space (the "Registration Convention").
The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").
The outer space treaty is the most widely adopted treaty, with 103 parties.[6] The rescue agreement, the liability convention and the registration convention all elaborate on provisions of the outer space treaty. UN delegates apparently intended[according to whom?] that the moon treaty serve as a new comprehensive treaty which would supersede or supplement the outer space treaty, most notably by elaborating upon the outer space treaty's provisions regarding resource appropriation and prohibition of territorial sovereignty.[7] The moon treaty has only 13 parties however, and many consider it to be a failed treaty due to its limited acceptance.[6] India is the only nation that has both signed the moon treaty and declared itself interested in going to the moon. India has not ratified the treaty; an analysis of India's treaty law is required to understand how this affects India legally.[8]
In addition, the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water ("Partial Test Ban Treaty") banned the testing of nuclear weapons in outer space.
International principles and declarations Edit
The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space and the settlement of disputes." [9]
The United Nations General Assembly adopted five declarations and legal principles which encourage exercising the international laws, as well as unified communication between countries. The five declarations and principles are:
The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)
All space exploration will be done with good intentions and is equally open to all States that comply with international law. No one nation may claim ownership of outer space or any celestial body. Activities carried out in space must abide by the international law and the nations undergoing these said activities must accept responsibility for the governmental or non-governmental agency involved. Objects launched into space are subject to their nation of belonging, including people. Objects, parts, and components discovered outside the jurisdiction of a nation will be returned upon identification. If a nation launches an object into space, they are responsible for any damages that occur internationally.
The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982)
Activities of this nature must be transpire in accordance with the sovereign rights of States. Said activities should "promote the free dissemination and mutual exchange of information and knowledge in cultural and scientific fields, assist in educational, social and economic development, particularly in the developing countries, enhance the qualities of life of all peoples and provide recreation with due respect to the political and cultural integrity of States." All States have equal rights to pursue these activities and must maintain responsibility for anything carried out under their boundaries of authority. States planning activities need to contact the Secretary-General of the United Nations with details of the undergoing activities.
The Principles Relating to Remote Sensing of the Earth from Outer Space (1986)
Fifteen principles are stated under this category. The basic understanding comes from these descriptions given by the United Nations Office for Outer Space Affairs:
(a) The term "remote sensing" means the sensing of the Earth's surface from space by making use 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;
(b) The term "primary data" means those raw data that are acquired by remote sensors borne by a space object and that are transmitted or delivered to the ground :from space by telemetry in the form of electromagnetic signals, by photographic film, magnetic tape or any other means;
(c) The term "processed data" means the products resulting from the processing of the primary data, needed to make such data usable;
(d) The term "analysed information" means the information resulting from the interpretation of processed data, inputs of data and knowledge from other sources;
(e) The term "remote sensing activities" means the operation of remote sensing space systems, primary data collection and storage stations, and activities in :processing, interpreting and disseminating the processed data.[10]
The Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992)
"States launching space objects with nuclear power sources on board shall endeavour to protect individuals, populations and the biosphere against radiological hazards. The design and use of space objects with nuclear power sources on board shall ensure, with a high degree of confidence, that the hazards, in foreseeable operational or accidental circumstances, are kept below acceptable levels..."
The 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)
"States are free to determine all aspects of their participation in international cooperation in the exploration and use of outer space on an equitable and mutually acceptable basis. All States, particularly those with relevant space capabilities and with programmes for the exploration and use of outer space, should contribute to promoting and fostering international cooperation on an equitable and mutually acceptable basis. In this context, particular attention should be given to the benefit for and the interests of developing countries and countries with incipient space programmes stemming from such international cooperation conducted with countries with more advanced space capabilities. International cooperation should be conducted in the modes that are considered most effective and appropriate by the countries concerned, including, inter alia, governmental and non-governmental; commercial and non-commercial; global, multilateral, regional or bilateral; and international cooperation among countries in all levels of development."
Consensus Edit
The United Nations Committee on the Peaceful Uses of Outer Space and its Scientific and Technical and Legal Subcommittees operate on the basis of consensus, i.e. all delegations from member States must agree on any matter, be it treaty language before it can be included in the final version of a treaty or new items on Committee/Subcommittee's agendas. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is easier to achieve consensus when language and terms are vague. In recent years, the Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement (the idea of which, though, was proposed just by a few member States). It is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.
1998 ISS agreement Edit
In addition to the international treaties that have been negotiated at the United Nations, the nations participating in the International Space Station have entered into the 1998 Agreement among the governments of Canada, Member States of the European Space Agency, Japan, Russian Federation, and the United States of America concerning cooperation on the Civil International Space Station (the "Space Station Agreement"). This Agreement provides, among other things, that NASA is the lead agency in coordinating the member states' contributions to and activities on the space station, and that each nation has jurisdiction over its own module(s). The Agreement also provides for protection of intellectual property and procedures for criminal prosecution. This Agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars, where the first off-world colonies and scientific/industrial bases are likely to be established.[11]
National law Edit
Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty requires parties to authorize and supervise national space activities, including the activities of non-governmental entities such as commercial and non-profit organizations. The Outer Space Treaty also incorporates the UN Charter by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as customary international law (the custom and practice of states).
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