Committee On The Peaceful Uses Of Outer Space Research Articles

Space Sustainability Rating in Support of the Development and Adoption of Regulatory Guidelines Related to Long-Term Sustainability

In recent decades there has been an exponential increase of activities in space, such that concerns regarding the long-term sustainability (LTS) of the space environment have called to action the need for sustainable and mitigating efforts to ensure that the benefits of space continue to be accessible and beneficial to all. In June 2019, the United Nations (UN) Committee on the Peaceful Uses of Outer Space (COPUOS) adopted twenty-one LTS guidelines. While the guidelines are not legally binding under international law, they reflect the latest global consensus on what responsible and sustainable space activities look like in practice. In parallel, private space actors have led the charge in the development of best practices. Based on sustainability ratings successfully used in other industries, the Space Sustainability Rating (SSR) was first conceptualized in 2016 within the World Economic Forum’s (WEF’s) Global Future Council on Space Technologies as a tool to assess and quantify sustainable design and operational decisions taken by operators. This article provides an overview of the design and development methodology of the SSR, and details how regulatory norms of behaviour and best practices have been incorporated into the SSR, allowing actors the opportunity to demonstrate their adherence to sustainability guidelines. COPUOS, space sustainability, space sustainability rating, space debris

WRC-23 on the Horizon: Large Satellite Constellations, ITU Issues, and Industry Perspective

Although the previous World Radiocommunications Conference (WRC-19) attempted to resolve spectrum-sharing issues among the disparate new satellite constellations, issues have multiplied as these constellations are coming into use before all the rules have been created. The upcoming WRC, to be held at the end of 2023, will grapple with spectrum and situational sharing issues among constellations that are larger than ever before, and that are disrupting national regimes designed for licensing more traditional, one-at-a-time geostationary satellites. The agenda for WRC-27 will surely include multiple areas of study related to constellations, and the International Telecommunication Union (ITU) will need to work closely with the UN’s Office of Outer Space Affairs (UNOOSA) to resolve situational issues such as traffic management, debris, and the sustainability of the outer space environment. The emergence of operational constellations is disrupting legal regimes for states and industrial players, and future Agenda Items (AIs) should be added to WRC-27 or future Committee on the Peaceful Uses of Outer Space (COPUOS) sessions. constellations, LEO, ITU, spectrum, WRC

International legal activities of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) on the demilitarization of outer space

International legal activities of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) on the demilitarization of outer space

Private Law Aspects of Suborbital Flights: Second- and Third-party Liability and Insurance

Two companies carried private citizens to the edge of space in July 2021. Although suborbital flights have so far taken place within one jurisdiction—they start and end in the same state, do not pass through foreign airspace, or meet both criteria—they will become international when transportation between two points in different states via outer space becomes a reality. Inter- national law is ambiguous about the regulation of suborbital flights; neither international air law nor international space law explicitly apply. It is also unclear which organization or institution should be mandated with the international regulation of suborbital flights. The legal uncertainties must be solved to ensure a safe environment and a healthy industry. The characterization of suborbital flights as either aviation or spaceflight has important consequences, such as whether it concerns aspects of public law (e.g., safety) or private law (e.g., second- and third- party liability and insurance). This Article focuses on the latter—the private law issues of second- and third-party liability insurance against such liability in the fields of both air and space law, illustrating the differences between the two and underlining the need for a solution. When taking place within one jurisdiction, suborbital flights operating within a state’s territory are properly subject to state regulation through national law, as this would purely be a national activity falling within a state’s sovereign jurisdiction. Thus, states could decide to consider this activity as either aviation or spaceflight and apply air or space law accordingly. This may, however, lead to fragmentation and legal uncertainty. When flights become international by crossing borders on Earth, inter- national agreement about what law should govern suborbital flights becomes critical and should be developed in close cooperation between the International Civil Aviation Organization (ICAO) and the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). A new sui generis regime will likely borrow from both air and space law and insurance practices. Until such a regime under international law is adopted, national law will govern these issues. The only available model is U.S. law, which seems suitable for the short- to medium-term until an international regime emerges and the industry matures. This Article will analyze current regimes and formulate recommendations for the way forward. Pursuant to that analysis, this Article concludes that a new international agreement on the operation of suborbital flights is required. For the time being, national law, harmonized to the maximum extent, should pro- vide a solution. The Article further aims to identify relevant points for the establishment of national legislation and, in the longer term, an international agreement. Whether or not this will take the form of a legally binding instrument remains to be seen, although the latter seems more realistic in the current geopolitical context.

The Use of Law to Address Space Debris Mitigation and Remediation: Looking Through a Science and Technology Lens

Increasingly over the past six decades, space exploration and technology have revolutionized the world we live in. The land- scape in outer space has continued to evolve rapidly, presenting new challenges for a much slower moving legal framework as well as for peaceful uses of space more generally. In particular, space debris has emerged as a pressing global threat. In response, states have shifted towards a more informal two-pronged approach to outer space, as reflected by non-binding instruments adopted by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with the development of technologies that aim to provide practical solutions to space debris concerns. Taking into account these strategies, this Article first undertakes a review of various complexities facing the existing regulatory framework regarding the environment of space with a focus on dual-use technologies. The Article then demonstrates how Science and Technology Studies (STS) perspectives may offer frameworks and approaches that allow legal scholars to approach highly networked and entangled questions in ways that offer new paths forward while also facilitating technical legal analysis. By doing this, we hope to emphasize that a more multi-disciplinary perspective regarding the complexities and challenges associated with increasing levels of space activities is both warranted and constructive.

MISCELÁNEA: ¿HACIA UN CAMBIO DE PARADIGMA EN EL DERECHO DEL ESPACIO ULTRATERRESTRE?: LOS ACUERDOS ARTEMISA

The current state of development of outer space law faces significant challenges arising from new space exploration and exploitation activities. In this context, several States, under the auspices of the United States, signed in October 2020 the «Artemis Accords. Principles for cooperation in the civil exploration and use of the Moon, Mars, comets and asteroids for peaceful purposes». This paper examines the possible contribution of these Accords to the consolidation of a paradigm shift in the Law of Outer Space, especially in relation to two aspects. On the one hand, with respect to their own development, as they were adopted outside the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), the forum in which space law has historically been configured. Second, in relation to the legal regime of space resources, by consolidating an interpretation of the principle of non-appropriation that legitimizes their exploitation.

BRICS Astronomy and the United Nations Open Universe Initiative.

The almost universal availability of electronic connectivity, portable devices, and the web is bringing about a major revolution: information of all kinds is rapidly becoming accessible to everyone, transforming social, economic and cultural life practically everywhere in the world. Internet technologies represent an unprecedented and extraordinary two-way channel of communication between producers and users of data. "Open Universe" is an initiative proposed to the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and currently in implementation under the leadership of the United Nations Office for Outer Space Affairs (UN-OOSA). Its primary objective is to stimulate a dramatic increase in the availability and usability of space science data, extending the potential of scientific discovery to new participants in all parts of the world. This paper describes the initiative in general, some of the activities carried out to demonstrate its feasibility, and its use in the context of the BRICS Astronomy Programme.

Legal Support for the Private Sector: An Implementation Agreement for the Moon Treaty

The United Nations’ Committee on the Peaceful Uses of Outer Space (COPUOS), through its consensus process, has accomplished much over the decades, most notably helping to produce the five space treaties and related guiding principles. But it has been unable to produce the international framework of laws that the Moon Treaty calls for to facilitate humanity’s departure from the home planet. This has created a gap in space law that has had a detrimental effect on private activity in outer space. The Moon Treaty, with the proper implementation agreement, now offers the best hope for closing that gap. Such an agreement would need to address many issues, most involving private enterprise and settlements. Although some argue that the Moon Treaty would hinder private space activities, with the proper IA, it would in fact support them. The Space Treaty Project has proposed a ten-paragraph Implementation Agreement that is based on four organizational principles: (1) The Agreement must be comprehensive and support all private activity; (2) The Grand Bargain: Trade private property rights for public policy obligations; (3) Defer issues currently at impasse (e.g., monetary sharing of benefits) by creating a governance process for making future decisions; (4) Build upon and integrate current institutions and processes. Why is this proposal necessary? As of January 2020, there is no internationally recognized mechanism for granting property rights to anyone for any location or natural object in outer space. The current controlling international law is the Outer Space Treaty of 1967, which prohibits any one country from appropriating anything in outer space: “Article 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.” Many countries agree that the prohibition against appropriation prevents any one country from granting property rights on its own authority. Some disagree, enough to create a potential for conflict and uncertainty for businesses and investors. Since the functions of law include avoiding conflicts and reducing uncertainties, it is imperative to create an international legal framework for private activity in outer space. The Moon Treaty provides the international authority to grant property rights. Article 11 does not prohibit ownership; it just prohibits any one country from granting it on its own authority. It is important to note that Article 11 begins by stating that the “common heritage of mankind” is defined by the Moon Treaty and its implementation agreement. The CHM has no legal meaning or force of law beyond the framework that the States Parties adopt. The proposed Implementation Agreement provides the minimum framework of international law that is necessary at this time for public and private activity on the Moon and beyond. The hopes and dreams of individuals and groups to create new societies in outer space are just as important as the entrepreneurship of those seeking to engage in space commerce. Both must be recognized, honored, and nurtured if humanity is to leave our home planet in a sustainable manner. At this moment in time, it is space law itself that needs capacity building. The current framework is inadequate, resulting in endless arguments over the meaning of outdated agreements. The time has come to craft a new agreement that will facilitate the sustainable exploration and development of outer space. In the year 2020, it is the Moon Treaty, with a proper implementation agreement, that can provide the international framework of laws that humanity needs to become a space-faring species.

Suggestions for China on establishing safety mechanisms for space nuclear power source applications

With the development of deep space exploration in China, the application of space nuclear power source (NPS) is becoming increasingly intense when solar energy cannot meet the mission requirements. Because of the particularity of its nuclear operation and use, the safety of the whole process has become a matter that must be paid attention to and guaranteed. Establishing a scientific and efficient safety mechanism is an important means to ensure the safety of the whole process. The Safety Framework for Nuclear Power Source Applications in Outer Space ( Safety Framework ) was developed jointly by United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and International Atomic Energy Agency (IAEA), providing safety standards and technical guidelines for all countries. The Safety Framework is a consensus reached by the member states of COPUOS on the safety of space NPS, and it can be applied to all space NPS applications. Countries can flexibly adjust the guide according to their own actual situation to adapt to the organizational structure of their space NPS applications. According to the practical application needs of space NPS, the United States has developed and implemented its own domestic safety mechanisms. The comprehensive safety mechanism for space NPS applications in the United States is closely consistent with the requirements of the Safety Framework , and its relevant national laws are consistent with the three categories of guidance contained in the Safety Framework , namely, the guidance of government, management and technology. Even within the system of the federal law of the United States, stricter standards and assessment procedures for the safe use of space NPS have been adopted. The space NPS application program of the United States requires specific legal action measures and necessary procedures. If the relevant measures and procedures are not followed, the application of space NPS cannot be approved and started by the government departments. The guidelines of the three aspects of the Safety Framework have been strictly implemented in the comprehensive security mechanism of the United States. China’s space NPS application is still in its infancy. Although the relevant provisions of the Safety Framework have been tried to implement in China’s Chang’E-3 and -4 missions, there is still no long-term national space NPS safety mechanism. Based on the Safety Framework and the experience of the United States, combined with the safety practice of space NPS in China, this article puts forward some suggestions for further improving the comprehensive safety management mechanism in China: (1) Establish or improve the national laws and regulations system to ensure that all responsibilities and procedures for the safety of space NPS applications are effectively fulfilled; (2) establish or improve the safety mechanism of space NPS application at the government level, so as to ensure the whole elements and process of space NPS application safety; (3) strengthen the safety technology reserve of space NPS application, so that relevant departments have and maintain the technical capacity of safety application. In the context of the drafting of China’s national space law, the decision makers of relevant departments of space NPS application should draw on the international rules such as the Safety Framework and the safety management mechanism of space NPS in major space countries, and formulate the safety management mechanism applicable to China’s space NPS application, which will be conducive to the early realization of China’s space NPS application safety system and meticulous management to ensure the smooth implementation of the space exploration mission.

Zagadnienie wykorzystania i ochrony przestrzeni kosmicznej w dokumentach ONZ

<p>Postępujący rozwój technologiczny wymusił na społeczności międzynarodowej uregulowanie stanu prawnego przestrzeni kosmicznej. W celu zapobieżenia przekształcenia jej w kolejne pole do konfliktu, głównie dzięki pracom Komitetu ds. Pokojowego Wykorzystania Przestrzeni Kosmicznej ONZ powstał szereg traktatów normujących międzynarodowe prawo kosmiczne. Za główny cel postanowień umów międzynarodowych dotyczących tej tematyki można uznać stworzenie warunków prawnych do pokojowego wykorzystania przestrzeni kosmicznej dla dobra ludzkości jako całości. Problematyka ta jest również tematem poruszanym w <em>soft law </em>prawa międzynarodowego publicznego.</p>

A path forward to better space security: Finding new solutions to space debris, space situational awareness and space traffic management

This article addresses the growing problems of space debris elevating the increased risk of orbital collisions as well as the difficulty of accurate space situational awareness, especially with regard to smaller space debris. These problems of space situational awareness (SSA) and space traffic management (STM) will become more acute as perhaps as many as twenty thousand new satellites are deployed in low Earth orbit (LEO) as part of new large scale constellations. This problem will grow as these LEO satellites need to be replaced within a cycle of perhaps every five to seven years . Many believe that there is now a need for space traffic management (STM) capabilities to cope with all these issues. There are no specific agreements, however, on how space traffic management might be systematically accomplished at the international level. The good news is that the Working Group on the Long Term Sustainability of Outer Space Activities (LTSOSA) and COPUOS agreed to 21 new guidelines relating to the longer term sustainability of space and which help to establish a foundation for future efforts to create a process that could aid future space traffic control processes. Several key guidelines which were discussed extensively within the Working Group which could have aided the future prospects for traffic management, however, were not agreed before the Working Group adjourned in June 2018.This article also highlights the problem of space traffic management in near-space or ‘protospace’. These concerns grow as there is more activity in the stratosphere due to deployment of high altitude platform systems, more launches through the stratospher to deploy satellite constellation, more de-orbit operations, and perhaps increased operation of spaceplanes and hypersonic transportation in these upper altitude areas not covered by current commercial air traffic management and control. This article not only addresses these types of issues in terms of safety concerns and increased risks, but also suggests new and innovative ways that these concerns might be addressed through regulatory reforms and codification of best practices. These proposals thus outline new ways forward and suggest reforms that could supplement the efforts of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) in its efforts to address these safety and security concerns.

International coordination on planetary defence: The work of the IAWN and the SMPAG

Space capabilities play a crucial role in ensuring human security. One of the threats coming from space is the possible damage to our assets by an asteroid or comet impact. As demonstrated by the object entering the Earth's atmosphere over Chelyabinsk, Russia, in February 2013, the threat of an asteroid or comet impact is a real and global issue demanding development of an international response. Addressing such a hazard, by first identifying those objects that pose a threat to enable planning a corresponding mitigation campaign, require international coordination. The United Nations Member States, especially those with capabilities to engage in a possible planetary defence mission, already share a number of common activities in this field. This paper outlines the progress made in the implementation of recommendations for an international response to the NEO impact threat, as agreed under the auspices of the United Nations (UN) Committee on the Peaceful Uses of Outer Space (COPUOS) and welcomed by the UN General Assembly in its resolution 68/75 of December 2013. The recommendations provide for a coordinated international response to a possible NEO threat. They aim at ensuring international information-sharing in discovering, monitoring and physically characterizing potentially hazardous NEOs with a view that all countries, in particular developing countries with limited capacity in predicting and mitigating a NEO impact, are aware of potential threats. They emphasize the need for an effective emergency response and disaster management in the event of a discovered NEO impact threat. The International Asteroid Warning Network (IAWN) and the Space Mission Planning Advisory Group (SMPAG), which are the two entities established in 2014 as a result of the UN-endorsed recommendations, are important mechanisms at the global level for strengthening the coordination in the area of planetary defence. The United Nations Office for Outer Space Affairs (UNOOSA) acts as secretariat to SMPAG and works with both IAWN and SMPAG in addressing this global issue. In the event of a credible impact prediction, warnings would be issued by the IAWN, the SMPAG would propose mitigation options and implementation plans for consideration to the Member States. The goal is the global protection of the eco-system, of human beings and their properties on Earth, and of the civilization of humankind from a devastating asteroid impact. The current paper outlines the work of the IAWN and the SMPAG towards a road-map for planetary defence at the global level, including agreements on initial criteria and thresholds for impact threat response actions, consideration of mitigation mission types and technologies and mapping of threat scenarios to mission types as well as developing a plan for action in case a credible threat is discovered. The paper also reflects on how to convey information about the NEO impact warnings and associated impact probabilities to the public and governmental decision-makers as part of the agreed communications guidelines, which are another important pillar in the work of the IAWN.

International Collaboration Within the United Nations Committee on the Peaceful Uses of Outer Space: Framework for International Space Weather Services (2018–2030)

AbstractSevere space weather is a global threat that requires a coordinated global response. In this Commentary, we review some previous successful actions supporting international coordination between member states in the United Nations (UN) context and make recommendations for a future approach. Member states of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) recently approved new guidelines related to space weather under actions for the long‐term sustainability of outer space activities. This is to be followed by UN Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE)+50, which will take place in June 2018 on the occasion of the fiftieth anniversary of the first UNISPACE I held in Vienna in 1968. Expanded international coordination has been proposed within COPUOS under the UNISPACE+50 process, where priorities for 2018–2030 are to be defined under Thematic Priority 4: Framework for International Space Weather Services. The COPUOS expert group for space weather has proposed the creation of a new International Coordination Group for Space Weather be implemented as part of this thematic priority. This coordination group would lead international coordination between member states and across international stakeholders, monitor progress against implementation of guidelines and best practices, and promote coordinated global efforts in the space weather ecosystem spanning observations, research, modeling, and validation, with the goal of improved space weather services. We argue that such improved coordination at the international policy level is essential for increasing global resiliency against the threats arising from severe space weather.

Towards a results-based management approach for capacity-building in space science, technology and applications to support the implementation of the 2030 agenda for sustainable development

The United Nations Office for Outer Space Affairs (UNOOSA) has the mandate to assist Member States with building capacity in using space science, technology and their applications in support of sustainable economic, social and environmental development. From 20 to 21 June 2018 the international community will gather in Vienna for UNISPACE + 50, a special segment of the 61st session of the Committee on the Peaceful Uses of Outer Space (COPUOS), to celebrate the 50th anniversary of the first UNISPACE conference and to reach consensus on a global space agenda for the next two decades. “Capacity-building for the twenty-first century” is one of the seven thematic priorities of UNISPACE + 50, identified and agreed upon by COPUOS. The Committee has tasked UNOOSA with undertaking the work under this thematic priority and with reporting regularly to the Committee and its Subcommittees on the progress of its work. It is therefore appropriate, in this context, to take stock of the achievements of the capacity-building activities of the Office, to review the relevant mandates and activities and to consider the necessity to strengthen and better align them with the future needs of the World and in particular with the 2030 Agenda for Sustainable Development. This paper describes the efforts on-going at UNOOSA, building on its experiences with implementing the United Nations Programme on Space Applications and the United Nations Platform for Space-based Information for Disaster Management and Emergency Response (UN-SPIDER) and working with Member States and other United Nations entities, to develop a results-based management approach, based on an indicator framework and a database with space solutions, for promoting the use of space-based solutions to help Member States achieve the Sustainable Development Goals (SDGs) and successfully implement the 2030 Agenda for Sustainable Development.

Unearthing global natures: Outer space and scalar politics

During the 1960s, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) worked to develop laws that would regulate activity in outer space. In the treaty that followed, outer space, a resource that encompassed Earth, was to remain outside of existing political borders, free from sovereign claims, and open to use by all states. Because of these stipulations, many have labeled outer space a “global commons” or “global resource.” In most academic analyses of global commons, these laws rejecting sovereign claims are treated as the de facto way that a resource that materially spanned all states would be governed. As debates in and outside of COPUOS indicate, however, the status of outer space as beyond states’ sovereign territorial jurisdiction was not given. Rather, as I demonstrate in this paper, the status of outer space and orbits as beyond sovereign territories is a result of political contestation over the understanding of physical properties of outer space and Earth. I trace the debate in the late 1960s and 1970s over the border between sovereign air space and “global” outer space. This was a debate over how outer space would be incorporated into political–economic relations. By using a production of nature approach that recognizes the importance of physical materialities and scalar politics, I demonstrate the constructedness of outer space as a “global” resource and how its construction as such furthered uneven political–economic processes. Such analysis illuminates how such socionatures beyond and across borders are produced to achieve particular political–economic outcomes.

(A Study on the Governance of the Global Commons)

Korean Abstract: 국제 공유지는 특정 국가의 관할 밖에 있는 우주‧공해 및 심해저‧남극‧대기 등을 포함하며, 자원이 풍부하고 인류의 안위 및 발전과 직결되기 때문에 중요성을 갖는다. 이러한 중요성에 기반하여 국제사회는 국제 공유지의 활용 및 관리를 위한 거버넌스 체제를 구축해 왔는데, 최근 공유지에 대한 관심이 더욱 증대되면서 새로운 공유지 거버넌스의 필요성이 대두되고 있다. 이에 본 보고서에서는 심해저‧남극‧우주를 중심으로 국제 공유지의 일반적인 현황을 살펴보고 각 공유지별 거버넌스 제도를 면밀히 고찰하였다. 나아가 주요국들의 공유지 활용정책을 살펴봄으로써 우리나라 및 국제사회에 시사점을 도출하고자 하였다. 특히 대부분의 다른 연구들이 하나의 국제 공유지에만 집중한 데 반해, 본 연구는 세 개의 공유지를 포괄적으로 비교‧분석하였고, 문헌검토뿐만 아니라 국‧내외 전문가들과의 면담을 통해 더욱 심도 있는 분석을 시도함으로써 차별점을 두었다. English Abstract: The global commons are resource domains or areas which no nation exert sovereignty over. Three typical global commons refer to the deep seabed, Antarctica and, outer space. They have been said to be important due to not only abundant resources but also mankinds’ security. However, these have been free of any national or international regulation. The absence of exclusive property right could lead to economic inefficiency and international conflicts. This inherent problem is put forth by Garrett Hardin in his famous article, The Tragedy of the Commons. In order to avoid these problems, many theories or principles are postulated. One of these principles is the principle of the common heritage of mankind (CHM). It has been accepted and applied to the global commons since it was incorporated into the United Nations Conventions on the Law of the Sea (UNCLOS). With improving technology and developing countries’ growing, the application of the CHM has been a source of controversy. Consequently, it is necessary to suggest the new principles for the governance of the global commons. This research investigates not only the common properties of global commons but also their existing governance. First, we investigate issues of the deep seabed. For a long time the open access doctrine or mare liberum (free sea for everyone) of the high seas had ruled the governance of the deep seabed. But, UN adopted UNCLOS in 1982, and the CHM has been incorporated in the governance of the deep seabed. Based on UNCLOS, International Seabed Authority (ISA) was founded to manage the exploration and the development of mineral resources in the deep seabed. There have been conflicts between the leading countries which insist on their priority of natural resources they explored and found and the following countries which insist on suspension of development of natural resources in the deep seabed. ISA still suspends the development of mineral resources in the deep seabed, but it admits the priority of the leading countries if they explored two sector of the deep seabed and waive the one sector. Second, this study analyzes the current issues of Antarctica. Antarctica is facing rapid environmental degradation due to human pressures such as pollution, and the effects of global warming. Compared to the deep seabed, however, the governance of Antarctica has been stable and good at handling the major concerns of the protection of Antarctica. The governance of Antarctica works based on the Antarctic Treaty and related agreements, collectively called the Antarctic Treaty System (ATS). The reason of the stability of the governance of Antarctica is that all the participating countries agreed to the protection of Antarctica with no development of its resources. In addition, ATS has prohibited any country from claim to the sovereignty over Antarctica. Third, outer space is interesting to investigate since there has been no organized governance. Since its inception after the launch of Sputink in 1958, the governance of outer space has been created and modified. The five principal space law treaties had been signed between 1967 and 1981. The initial establishment of the governance was not difficult, and the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) has been responsible for managing the governance. However, the governance of outer space underwent a more controversial development than the deep seabed and Antarctica. With fast growing technology of spaceship and its related parts, the governance should have been modified. but the conflicts between the leading countries and the following countries hinder from the development of the governance of outer space. Shortage of orbits of satellites and space debris created major problems in the use of outer space, but all the countries participating in the governance had not agreed to the management system of handling these new problems yet.

Regulating private human suborbital flight at the international and European level: Tendencies and suggestions

In the context of the FAST20XX project (Future High-Altitude High-Speed Transport) that started in 2009 under the 7th Framework Programme of the European Union (EU), the authors reexamined the legal status of private human suborbital flight, and researched whether it might be regulated as aviation or as spaceflight.International space law is ambiguous as to accommodating suborbital activities. While some provisions of the UN outer space treaties would seem to exclude them, generally there is not any explicit condition in terms of reaching orbit as a requirement for application. International air law presents equal difficulties in dealing with this activity. The classic definition of “aircraft” as contained in the Annexes to the Chicago Convention does not really encompass the kind of rocket-powered vehicles that are envisaged here. As a result, it is unclear whether the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), the International Civil Aviation Organization (ICAO), or both could be involved in an eventual international regulation of suborbital flight.In the absence of a uniform international regime, each state has the sovereign right to regulate human suborbital flights operating within its airspace. So far, two practical solutions have been realised or proposed, and will be analyzed.On the one hand, the USA granted power for regulation and licensing over private human suborbital flight to the Office of Commercial Space Transportation of the Federal Aviation Administration (FAA/AST). Subsequent regulations by the FAA have set out a series of requirements for companies that want to operate these flights, enabling a market to develop. On the other side of the Atlantic, both the European Space Agency (ESA) and a group of representatives of the European Aviation Safety Agency (EASA) of the European Union (EU) seem to rather regard this activity as aviation, potentially subject to the regulation and certification competences of EASA, although recent developments may indicate a changed view.Due to these differences, it is uncertain when this activity will be considered aviation and when it will be considered as spaceflight. However, the characterization as either of these has important consequences for the industry and for a stable regulatory landscape.In the longer term, from an international and a European perspective, the best solution for regulation may be to create a sui generis legal regime specifically addressing the particular nature of suborbital flight. Suborbital transportation is neither aviation nor spaceflight; it is rather something in between. A new legal regime would be able to combine notions of both air and space law, in order to overcome and resolve the current deficiencies of each discipline.

Space Weather Societal Impacts Workshop and Seminar at the 55th Meeting of the United Nations Committee on the Peaceful Uses of Outer Space

The United States organized and convened a workshop on Space Weather Societal Impacts, held on the margins of the 55th Meeting of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), in Vienna on 8 June 2012. The purpose of this workshop was to focus the attention of space weather experts and member state representatives in the United Nations on the societal impacts of space weather events, with particular attention to the needs of developing nations. Approximately 20 science and policy experts representing more than 10 nations participated in the workshop. In focusing on societal impacts, the workshop helped the U.N. Office for Outer Space Affairs meet the mandate set forth by the member states in the COPUOS agenda item on the International Space Weather Initiative (ISWI). ISWI has enjoyed a great deal of success in implementing research observatories globally but has had less success in articulating the potential societal implications of space weather events. This first workshop on Space Weather Societal Impacts addresses the gap in international appreciation for the hazards attendant in solar activity at the governmental level of member States of the United Nations. The workshop was organized around several themes.

The origins of the “Long-term Sustainability of Outer Space Activities” initiative at UN COPUOS

The success of space-based systems worldwide, providing services to society and satisfying defence and security needs, has led to a situation where outer space is increasingly crowded. In addition, the rapid proliferation of space debris threatens the safe utilization of outer space on the most commonly used orbits. Beyond the mitigation of the orbital debris threat, additional measures will be needed to ensure the safety and security of activities in outer space for the long-term. This article describes the initiative to introduce a new agenda item in the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), first presented to COPUOS delegations in 2007, which led to a formal decision in 2009. This in turn led to the establishment of a dedicated Working Group of the Scientific and Technical Sub-Committee in 2010, with a work plan leading to a report and associated recommendations in 2014. Some references are made to other initiatives affecting space security, such as the Russia–China draft treaty (PPWT) tabled at the Conference on Disarmament and the EU-proposed Code of Conduct.

2. Outer Space

During 2011, the Space Law Committee of the International Law Association (ILA) focused a good part of its efforts on discussing state-of-the-art advances in the field of space debris. At the same time, its members followed the presentations made by states at the fiftieth session of the Legal Subcommittee (LSC) of the UN Committee on the Peaceful Uses of Outer Space (COPUOS), which was held from 28 March to 8 April in Vienna, Austria. Another important contribution on the matter was made by the International Institute of Space Law (IISL) at its fifty-fourth Colloquium on the Law of Outer Space, which was held on 3-7 October in Cape Town, South Africa, where participants addressed space debris issues from a strong inter-disciplinary platform. Further and substantial developments are expected for 2012. In the first place, the presentations to the LSC of COPUOS at its fifty-first annual session will include reports on domestic measures taken in compliance with the 2007 COPUOS Guidelines on Space Debris Mitigation. Just as important will be the proposals and recommendations to be submitted by the ILA Space Law Committee in its fifth report to the seventy-fifth conference of this institution, which is to be held in Sofia, Bulgaria, on 26-30 August 2012. In fact, one of the chapters of the report addresses space debris in a new light observing that, since the COPUOS Guidelines on Space Debris Mitigation are not binding and are only applied on a voluntary basis, this system does not seem to be strong enough given the increasing amounts of commercial space activity. Consequently, space debris risks are increasing at a similar pace. Furthermore, and as noted in previous reports for this yearbook, it remains a matter of concern that these guidelines were developed with no involvement whatsoever by the LSC of COPUOS and that they were not adopted by consensus at the UN General Assembly (UNGA) in 2007. Likewise, but indeed less clear, is the issue of space debris caused by military satellites, and this issue remains unresolved.