United Nations Space Treaties as Foundations for National Launch and Space Legislation: A Canadian Example

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies 1967 (The Outer Space Treaty) is an agreement established by the Contracting Parties to regulate the use of outer space and its activities in Other celestial bodies. Outer space has limited natural resources in the form of orbit, these natural resources are the pathways for satellite orbits. According to The Outer Space Treaty, the use and utilization of celestial bodies are essentially exclusively for peaceful purposes. In practice, there are some countries engaged it’s activities on military purposes. By using normative juridical approach, this research examine how The Outer Space Treaty regulate human activities in outer space in the use and exploration of the moon and other celestial bodies and how it implement in the case of the use of GSAT - 7 communicatio n s satellites does for military purposes in India. This research concluded that the international outer space law has regulate human activities in the use and exploration of outer space for military purposes specifically in article 4 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies 1967 and India’s act by launching communication satellite GSAT-7 for military purposes is violation against The Outer Space Treaty even it’s non – aggressive military manuver.

У статті проаналізовано сучасний стан правового регулювання космічних відносин. Показано, що норми національного космічного законодавства не відповідають сучасним викликам і загрозам у сфері космічної діяльності. Доводиться важливість проведення кодифікації у галузі національного космічного законодавства. Обґрунтовуються необхідність розробки і прийняття Космічного кодексу України для підвищення рівня правового забезпечення проведення наукових космічних досліджень, створення та експлуатації космічної техніки, використання космічного простору.

Negotiated at the United Nations and in force since 1967, the Outer Space Treaty has been ratified by over 100 countries and is the most important and foundational source of space law. The treaty, whose full title is “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies,” governs all of humankind’s activities in outer space, including activities on other celestial bodies and many activities on Earth related to outer space. All space exploration and human spaceflight, planetary sciences, and commercial uses of space—such as the global telecommunications industry and the use of space technologies such as position, navigation, and timing (PNT), take place against the backdrop of the general regulatory framework established in the Outer Space Treaty. A treaty is an international legal instrument which balances rights and obligations between states, and exists as a kind of mutual contract of shared understandings, rights, and responsibilities between them. Negotiated and drafted during the Cold War era of heightened political tensions, the Outer Space Treaty is largely the product of efforts by the United States and the USSR to agree on certain minimum standards and obligations to govern their competition in “conquering” space. Additionally, the Outer Space Treaty is similar to other treaties, including treaties governing the high seas, international airspace, and the Antarctic, all of which govern the behavior of states outside of their national borders. The treaty is brief in nature and only contains 17 articles, and is not comprehensive in addressing and regulating every possible scenario. The negotiating states knew that the Outer Space Treaty could only establish certain foundational concepts such as freedom of access, state responsibility and liability, non-weaponization of space, the treatment of astronauts in distress, and the prohibition of non-appropriation of celestial bodies. Subsequent treaties were to refine these concepts, and national space legislation was to incorporate the treaty’s rights and obligations at the national level. While the treaty is the cornerstone in the regulation of activities in outer space, today the emergence of new issues that were not contemplated at the time of its creation, such as small satellites and megaconstellations, satellite servicing missions, the problem of space debris and the possibility of space debris removal, and the use of lunar and asteroid resources, all stretch the coherence and continuing adequacy of the treaty, and may occasion the need for new governance frameworks.

This article is devoted to the analysis of issues related to the possibility of organizing and implementing public control (control of the civil society of the peoples of the United Nations) over the processes of exploration and use of outer space. The authors note that outer space is of exceptional value and importance for the processes of conservation and development of mankind, since: the exploration of outer space in the last decade has been carried out at a rapidly growing pace; modern telecommunications technologies are not possible without the use of outer space; outer space is the most important condition for ensuring the defense security of states; the danger of environmental pollution of near space by waste has increased. There are serious risks of additional militarization of outer space (up to the placement of weapons of mass destruction in it); the activities of private economic entities in outer space are poorly controlled by the international community and the civil society of the peoples of the United Nations. A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The authors note that the organization and implementation of public control (control of the civil society of the peoples of the United Nations) over the processes of exploration and use of outer space are fraught with a number of problems: the UN Charter and international legislation do not directly fix the grounds and limits of the implementation of this control; the norms of international space law do not always detail the possibility of participation of civil society institutions in the control of the study and use of outer space; there is no certainty as to which subjects of public control (control of the civil society of the peoples of the United Nations) should organize and conduct its activities for the processes of exploration and use of outer space; these subjects are not endowed with a set of real powers that can ensure the legality of the above-mentioned processes; these subjects have a weak material and technical base; there is no mechanism for bringing to legal responsibility those responsible for countering the legitimate control activities of the above-mentioned entities.

The creation of space law is rooted in the aftermath of the Cold War. The two world powers of the time—the United States and the USSR—joined forces in the UNCOPUOS (UN Committee on the Peaceful Uses of Outer Space) to introduce law to outer space and ensure that the use and exploration of this domain was conducted for peaceful purposes. Against this backdrop, the negotiations underlying the drafting of the Magna Carta of outer space—the Outer Space Treaty—demonstrate how these two world powers set aside various political differences in order to reach a legal compromise for the benefit of the world as a whole. Today, half a century after this milestone, the landscape of the use and exploration of outer space has changed dramatically, particularly in terms of the technology involved. As a result, the question is whether international space law and UNCOPUOS are still able to provide a relevant framework within which the peaceful use and exploration of outer space can progress.

Introduction. On 10 October 2017 the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty) celebrated fifty years from the day of its entry into force. In this same year, the world celebrates another memorable event – 60 years of the space era, which began with the successful launch of the first artificial Earth satellite. These dates once again reminded the global community that technological progress is inseparable from international law, as well as of the importance of the rule of law in such a unique sphere of human activity as outer space. Materials and methods. The materials for the article were the works of Russian and foreign researchers in the field of international space law as well as the main international treaties governing the activities of states in the exploration and use of outer space, Resolutions of the UN General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. As for the methodology, the author opted to employ popular scientific research methods (including dialectics, analysis and synthesis, deduction and induction, comparative legal and historical analysis). Research results. Over the past decades, the international space law (ISL) has changed, but the Outer Space Treaty, which established the basic principles of the exploration and use of outer space, remains a reliable foundation for the global space activities. With the development of private space activities specific separate states attempt to govern aspects of such activities at the national level bypassing the imperative requirements of the Outer Space Treaty. In this respect a problem of due and authentic interpretation of universal norms of the ISL is of particular relevance, which would correspond to the interests of all participants of space activities. Discussion and conclusions. In recent years the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space (UN COPUOS) has heard statements that the provisions of the Outer Space Treaty are “obsolete” and “do not correspond to reality”. It seems possible to disagree with this characteristic. For half a century none of the basic principles established in the Treaty have been challenged, both States members to the Treaty (as of 10 October 2017, 106 states ratified the Treaty and another 24 signed it) and other countries that still have not joined it respect these basics and adhere to them. The Outer Space Treaty has fulfilled its aim: to preserve outer space peaceful, weapons-free and accessible for exploration and use by all states on the basis of equality and non-discrimination.

A State shall not engage in activities, including military space activities, that constitute a use of force against another State, in violation of the UN Charter. This Rule is based on Article 2(4) of the UN Charter, and is also reflective of customary international law. This Rule applies to any activity in the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with the explicit requirement in the Outer Space Treaty (OST) that all such activities be conducted in accordance with international law and the United Nations Charter. The travaux préparatoires of the OST further indicate that this reference to the UN Charter was included to ensure that the use and exploration of outer space would not jeopardize international peace and security.

Since the launch of the first artificial satellite, Sputnik 1 in 1957, the outer space arena has evolved to include non-state entities, which are becoming serious participants in outer space activities themselves, including venturing into the space tourism market. Although space tourism is still in its infancy, it is estimated that the number of space tourists will substantially increase within the next few years. As space tourist activities increase, accidents will inevitably occur, which will give rise to legal questions relating to the duty of states to rescue space tourists in distress, and the liability for damages. This contribution points out that the current outer space treaty regime, which focuses on the use of outer space by states, is to a large extent outdated and that it cannot adequately deal with the unique legal challenges presented by the rapidly developing space tourism industry. This situation is exacerbated by the fact that the outer space legal framework is very fragmented – consisting of treaties, UN principles and guidelines, regional regulations and intergovernmental agreements, as well as national guidelines and legislation. In order to ensure that space tourism is indeed to the benefit of all mankind, it is imperative that clear international legal rules relating to space tourism be formulated, where standards are set for the authorisation and supervision of commercial space activities and the interests of states, passengers and private actors are balanced as far as possible. In view of the urgent need to address these legal questions and the consequent lack of time to negotiate a binding legal instrument, it is submitted that, as an interim measure, soft law guidelines should be developed in relation to space tourism in order to provide a framework for the eventual creation of a consolidated and binding legal instrument on all aspects relating to the use and exploration of outer space.

On 1 April 2013, the Law of the Democratic People’s Republic of Korea on Space Exploration was enacted and promulgated by the Supreme People’s Assembly. The law is the first national legislation governing national space activities and it forms the basic law in the field of national space exploration. The enactment of this law provides a domestic legal guarantee for national space activities to the advantage of the country’s national economy and people’s livelihoods in conformity with the requirements of international space-related treaties. The paper provides a summary description and analysis of the national space legislation of the Democratic People’s Republic of Korea with an eye to the UN resolutions concerning national space legislation and other countries’ national space laws.

According to Article VI of the Outer Space Treaty, States Parties to the Treaty shall bear international responsibility for national activities in outer space. In consequence, national space legislation implements different levels of licensing and authorisation procedures in order to fulfil the international obligations. The Legal Sub-Committee of the United Nations Committee on the Peaceful Uses of Outer Space (uncopuos) has installed a Working Group on National Space Legislation with the goal of enhancing the present situation. At the same time, the European Union gained a new explicit space competence by virtue of the Treaty of Lisbon. Will this lead to any effect on European space legislation? The different layers of law between national responsibilities, a European approach for commercial space activities and possible areas of harmonisation is not as obvious as it might seem. This chapter tries to pave the way through this labyrinth. Keywords: European space legislation; Lisbon; Outer Space Treaty; UN space law; uncopuos

INTRODUCTION. More than fifty years ago, on October 10th, 1967, the entry into force 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 (“the Outer Space Treaty”) demonstrated the emergence of a new branch of international law: international outer space law (“ISL”). This article considers the contribution of the Russian Federation / U.S.S.R. and the United States and their leading lawyers and diplomats who were able to reach treaty cooperation even during the Cold War, and highlights the main historical legal steps on the way to signing of the Outer Space Treaty. The paper further focuses on the content of the Outer Space Treaty and other sources of ISL, and depicts approaches to interpretation of the treaty provisions with respect to actual legal challenges of space activities’ development, in the context of diverse economic, political and technological factors; as well as on the role of the Outer Space Treaty in the progressive development of ISL. MATERIALS AND METHODS. The theoretical background of this research consists of works of distinguished scholars and specialists in ISL as well as materials of diverse colloquiums, workshops and conferences on ISL. The analytical framework includes the Outer Space Treaty, other relevant international treaties; relevant UN GA resolutions; the 2001 Cape Town Convention and the 2012 Space Protocol; UN, COPUOS (including its subcommittees), ITU and UNIDROIT documents; national space legislation; documents and proceedings of the UNISPACE-III. The research is based on methods such as historical research, formal logic, including analysis, synthesis, analogy and modeling, as well as systematic, comparative and interpretation. RESEARCH RESULTS. Within the context of applicable principles and norms of the Outer Space Treaty, this article specifically provides an analysis of the related provisions of other sources of ISL, as well as unsettled legal issues such as 1) the international legal regime of natural resources of the Moon and other celestial bodies; 2) the use of the outer space solely for peaceful purposes; 3) the legal status of space tourists; 4) the legal regulation of commercial space activities involving a “foreign element” within the framework of the private international law and specifically private international space law (“PISL”); 5) the role of the 2001 Cape Town Convention and the 2012 Space Protocol in the context of international legal regulation of space activities, as well as, provided the entry into force of the Space Protocol, its role as the first specific international legal source of PISL; 6) International system of registration of interests in space assets as the third international system of registration related to space activities; 7) interpretation of Art. VIII of the Outer Space Treaty for the purposes of definition of law applicable to property rights over space objects located in the outer space; 8) “space object” and “space asset” as legal terms; 9) issues of international responsibility and liability, as well as extension of the scope of the concept of the “launching State”, including a proposal on addition of a potential fifth category; 10) registration and control; 11) International Space Station in the relevant legal framework; 12) ways of reaching of due relevance of international legal consequences for states resulted from the change of private law relations to the factual “participation” of the involved states in the corresponding space activities. DISCUSSION AND CONCLUSIONS. After discussing the issues noted above, this paper concludes that: 1) it is in the interest of the Russian Federation, the United States of America and other space powers to consider the role of the Outer Space Treaty as the basis for further progressive development of ISL and inter alia for orderly development of commercial space activities; 2) some burning issues of ISL, as well as other related legal challenges, can be resolved by an authentic interpretation of Outer Space Treaty provisions (e.g. by adding other specific protocols to it, or by means of a universal comprehensive convention on international space law); 3) it is important to take into account both the distinction of subject matter, as well as the relationship and interaction between diverse applicable sources and branches of international law and also relevant national legislation regarding the search for solutions of space related legal issues noted above. In sum, one needs to follow a comprehensive inclusive and coherent approach, involving science diplomacy.

Technical progress and economic development have made it possible that activities in outer space are increasingly carried out by private actors. The exploration and use of outer space is regulated by public international law, in particular by the five UN international space treaties. These UN treaties contain a number of rights and obligations of the states in relation to outer space. This chapter provides a brief overview over national authorization mechanisms and analyses in which way they implement the UN international space treaties. At the outset, it briefly recapitulates the relevant international obligations and some legal opinions on it. The chapter introduces some pieces of national space legislation in Europe and outside Europe which deal with the issue of authorization. On this basis, it analyses how those different systems have solved the most important questions which arise in connection with national authorization and supervision of space activities. Keywords: Europe; international law; national space legislation; UN international space treaties

This annex section of the book presents seventeen articles on the treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies. In the exploration and use of outer space, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. In order to promote international co-operation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities.Keywords: celestial bodies; international co-operation; outer space; sovereignty; States Parties

Based on the provisions of Article 1 Paragraphs 1 and 4 of the United Nations Charter, it is stated that the purpose of the United Nations is to maintain international peace and security, in this case to take effective collective action for the prevention and elimination of threats to peace, to suppress acts of aggression. or other violations, to bring it about by peaceful means and in accordance with the principles of justice and international law, adjustments or adjustments to the international situation that may lead to peace and the United Nations, as well as centers to harmonize the actions of nations in peace with common goals. So to realize these things, the United Nations establishes international bodies that regulate the regulations that apply when problems occur between countries in the world, furthermore for the regulation of the peaceful use of outer space in this case the United Nations, formed The United Nations Committee on the Peaceful Uses of Outer Space (UN-COPUOS) and the Division of Outer Space Affairs, as an important committee in overseeing the peaceful use of outer space. The United Nations General Assembly in Resolution 1348 (XIII) established an ad hoc Committee on the Peaceful Use of Outer Space. As well as the 1967 Treaty on the principles governing the activities of countries in the exploration and use of outer space, including the moon and other celestial bodies.

(a) A State shall undertake appropriate international consultations before proceeding with any national activity in outer space that it has reason to believe would cause potentially harmful interference with the peaceful exploration and use of outer space by other States. (b) A State shall request consultations, should it have reason to believe that another State’s national activity in outer space would cause potentially harmful interference with its own peaceful exploration and use of outer space. This Rule is based on Article IX of the Outer Space Treaty (OST) and draws from the 1963 Declaration of the Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. This Rule was designed to implement, at least in part, the obligation of due regard with respect to the peaceful exploration and use of outer space by other States.