Space Treaty Research Articles

Incorporating Traditional Ecological Knowledge into Science under the Law of the Sea via the Arctic Ocean Governance

Abstract As indicated in Goal 14 of the Sustainable Development Goals, the international community tackles marine biodiversity and ecosystem conservation. However, the information on such biodiversity and ecosystems is limited compared to terrestrial conservation. Therefore, global ocean governance needs to acquire such knowledge and situate this knowledge into the decision-making process. In more recent contexts, the scientific approach is gaining acceptance. Meanwhile, the international movement towards human rights protection has gained strength and respect for diversity has also been confirmed. In this tendency, it is natural that the international community seeks to incorporate the ecological knowledge derived from the experience of various actors, so-called Traditional Ecological Knowledge (TEK), into the global ocean governance. This tendency is quite strong in the Arctic, where scientific evidence has not accumulated, and many people live with TEK. Therefore, the framework to harmonise science with TEK in the Arctic Ocean is a worthy model for the rest of waters in the globe. For this purpose, the paper examined three agreements: the Agreement on Enhancing International Arctic Scientific Co-operation (Science Agreement), the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA), and the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) Agreement, a universal treaty.

THE SECURITY IMPACT OF THE MILITARIZATION OF OUTER SPACE

The competition for the military conquest of outer space dominated the public agenda during the Cold War. It was the spatial side of the geopolitical competition between the capitalist West and the communist East. It started with the researches for the development of strategic armaments and it ended with the military space programs launched by the great powers of the post-war era, which transformed the outer space into a real theater of operations. Theater currently relieved, by the Cosmic Space Treaty, of weapons of mass destruction. However, the unregulated military action in outer space, and especially the problems of defining the boundary between outer space and atmospheric space, can become explosive at any time. This article aims to present the main space powers, the space military programs they run and the potential security impact of the militarization of outer space.

OUTER SPACE TREATY REFORM AND THE LONG-TERM SUSTAINABILITY OF SPACE EXPLORATION

Abstract. The challenge of ensuring the space environment’s long-term sustainability in the context of the exploration and commercialisation of outer space raises several important issues and dimensions with respect to both international environmental law and sustainable development. The research question analyses the extent to which such exploration benefits humanity and expands the province of all humankind. In this article, historical achievements of the international legal framework governing the area of space exploration are presented. Opportunities for further developing and strengthening this framework to ensure the cooperative, transparent, inclusive and equitable development of space exploration are deliberated, notably those that do not limit the interests and opportunities of space-faring countries. The key finding and proposition of this article is that while discussing the need to improve and strengthen the international regulatory framework, developing countries’ needs and interests should also be effectively incorporated. More equitable, inclusive and sustainable development is as much in the interest of developed countries as it is of developing countries. Keywords: The Outer Space Treaty, space law, UNCOPUOS, space commercialisation, Sustainable Development Goals, inclusive and balanced development, international environmental law

SPACE LAW AND HUMAN RIGHTS

Purpose: international space law, consisting of five international agreements and 7 resolutions of the United Nations General Assembly does not contain directly any provision that would hint to human rights. It cannot however be realistically perceived that there is any field of international law that would not be affected by human rights. Space Law provides an opportunity to be influenced by human rights. Article III of the Outer Space Treaty of 1967 allows the application of other areas of international law, such as human rights, in case of this area not being mentioned by the lex specialis of space law. Research methods: general-scientific and special-legal methods of scientific knowledge, in particular: system-structural and functional methods, method of observation, method of generalization, methods of analysis and synthesis have been applied. Results: in this short paper it will be assessed under which circumstances and with which effect human rights can be applied to the lex lata of international space law. Discussion: should no help be provided to an astronaut in distress? Should not the behaviour of astronauts on board the international space station be directed by the idea of human rights? Shouldn’t in the future any living together of human beings on celestial bodies like Moon or Mars be directed through human rights?

US legal developments in outer space mining

In December 2020 NASA (National Aeronautics and Space Administration) announced a contract with a private company to deliver Moon material to Earth, the first and only contract of this type to be concluded to date. The sum that will be paid for the services of Lunar Outpost company was set at 1 US dollar. Although the arrangement may seem like a publicity stunt to catch international media attention, it spurs a legal discussion on the actual degree of freedom to utilized outer space. This article is focused on describing the USA’s policy and legislation concerning the utilization of natural resources of outer space, and comparing it to the international legal framework of outer space activities.

Intellectual Property Protection in Outer Space: Conflict in Theory and Application in Practice

The granting of intellectual property protection to space activities plays a significant role in promoting the sustainable development of space commercialization. However, the international intellectual property treaties have not explicitly stated in their provisions the issue of intellectual property protection in outer space, neither the provisions of the five outer space treaties explicitly address the legal issue. Such legal uncertainty may discourage States and non-governmental entities from actively participating in commercial space activities. One concerned rationale resulting in such legal status is the territoriality conflict in theory between the legal regimes of outer space and intellectual property. This article purports to illustrate territoriality conflict in theory between legal regimes of outer space and intellectual property. It then moves to argue that the conflict is proved to be a problem that exists purely in legal theory rather than legal practice because the legal value of Article VIII of the Outer Space Treaty elaborately reconciled the territoriality conflict in theory and offers a self-contained mechanism that would allow guaranteed levels of intellectual property protection in outer space. This mechanism employs space objects as a connecting factor to link space activities with the existing laws of the State of registry to realize the purpose of intellectual property protection in outer space.

The Curious Case of Article IX and Outer Space Environment

With the launch of the first artificial satellite, Sputnik, back in 1957, to life on Earth being socio-economically dependent on space technologies, we have come a very long way and with this comes several problems, one being extra-terrestrial pollution. The 1967 Outer Space Treaty has only one provision – Article IX – which merely puts an obligation to avoid ‘harmful contamination’ of outer space. There is nothing in the treaty or elsewhere to suggest the meaning of this term and the extent of protection offered by Article IX, thereby creating a lacuna. The article tries to evaluate whether the interpretation of the term ‘harmful contamination’ has evolved to envisages the implementation of the international environmental law regime for a holistic protection of the outer space environment. In this context, the meaning of ‘harmful contamination’ is analysed as intended by the drafters to highlight the shortcomings. Taking into account the evolving international environmental and space law jurisprudence, the article analyses whether the shortcomings can be addressed by harmoniously interpreting Article IX with the existing environmental law regime. Different tools of treaty interpretation are used to examine the evolving interpretation of the term ‘harmful contamination’ to provide an insight into what the lex ferenda be vis-à-vis application of Article IX in the protection of outer space environment.

The Curious Case of Article IX and Outer Space Environment

With the launch of the first artificial satellite, Sputnik, back in 1957, to life on Earth being socio-economically dependent on space technologies, we have come a very long way and with this comes several problems, one being extra-terrestrial pollution. The 1967 Outer Space Treaty has only one provision – Article IX – which merely puts an obligation to avoid ‘harmful contamination’ of outer space. There is nothing in the treaty or elsewhere to suggest the meaning of this term and the extent of protection offered by Article IX, thereby creating a lacuna. The article tries to evaluate whether the interpretation of the term ‘harmful contamination’ has evolved to envisages the implementation of the international environmental law regime for a holistic protection of the outer space environment. In this context, the meaning of ‘harmful contamination’ is analysed as intended by the drafters to highlight the shortcomings. Taking into account the evolving international environmental and space law jurisprudence, the article analyses whether the shortcomings can be addressed by harmoniously interpreting Article IX with the existing environmental law regime. Different tools of treaty interpretation are used to examine the evolving interpretation of the term ‘harmful contamination’ to provide an insight into what the lex ferenda be vis-à-vis application of Article IX in the protection of outer space environment.

A Round Trip to the Stars?: Considerations for the Regulation of Space Tourism

The prospects for space tourism activities were first mooted in the early 1980s with the launch of the Space Shuttle, which opened a new era of space flight. In the new millennium, space tourism continued its rise from possibility to reality with momentum towards a future dynamic commercial market sector propelled in 2021 with the launch of diverse missions by Virgin Galactic, Blue Origin and SpaceX. These three pioneering companies are continually developing and refining technology to potentially give many tourists their moment in space. The private sector is largely contributing to the development of the relevant space science, funded by private and public investments for space exploration missions. These developments raise complex and novel legal and regulatory issues that are not directly addressed in the five United Nations Space Treaties, even as space tourism are to be considered a lawful use of space. In this article we explore several significant legal issues relevant for space tourism activities including the delimitation of outer space, requirements for authorization, questions of liability, the status of ‘space flight participants’, the duty to rescue tourists and the protection of the space environment. space tourism, space activities, regulation, international space law, national law

Looking for the Rules-of-the-Road of Outer Space: A search for basic traffic rules in treaties, guidelines and standards

The rapidly growing population of satellites increases risk of congestion, collisions and debris generation in the orbits closest to earth. In addition to the quantitative increase in activity, the orbital domains are becoming less predictable with the broadening of what operations are technologically and economically viable. Mega-constellations of disposable satellites, on-orbit-servicing and refuelling, space tourism, increased manoeuvring, inter alia are complicating tracking and coordination. The effect is a still more complex and busy near earth orbital environment.Academics and policymakers, as well as private actors, including satellite operators, recognize the urgent need for international governance of space traffic. However, there is far from agreement on the most feasible regulatory form for an international Space Traffic Management regime. In this paper it is argued that the long-running arguments about the most feasible regulatory approach to Space Traffic Management, has been overshadowing the equally important discussion concerning the actual core provisions of the traffic regime, namely the Rules-of-the-Road.The paper seeks to clarify the concept of Rules-of-the-Road in the context of space traffic. The core contribution is an analysis of the state of Rules-of-the-Road in international space law today, considering a broad array of hard and soft legal instruments. The systematic analysis spans from the formal law of the Outer Space Treaties to soft law instruments developed by UNCOPUOS, private sector stakeholders and others, including technical standards. The reviewed instruments vary in scope and have garnered varying degrees of international support, but all have an impact on the current traffic regime in orbit. The discussion of regulatory approaches is sidestepped by focusing on distilling the concrete Rules-of-the-Road from the instruments, irrespective of how they can or should have legal effect.The investigation find that despite the many initiatives related to Space Traffic Management, there are few tangible, specific rules clarifying how actual Space Traffic should be conducted on an operational level. In other words, there is an absence of actual “Rules-of-the-Road” for traffic in Low Earth Orbit in the current body of international space law. The paper argues that this area needs to be elaborated by technical and regulatory experts and present an opportunity to further the discussions on a functional, international Space Traffic Management regime.

Out of sight, out of mind? The proliferation of space debris and international law

AbstractThe quantity of man-made space objects, ranging from abandoned launch vehicle stages to fragmentation debris, is remarkable. At the time, the drafters of the Outer Space Treaty did not (and perhaps could not) anticipate how great the problem of debris in outer space would one day become. As a result, they only drafted general provisions for the protection of the space environment which are generally deemed insufficient. This article aims to demonstrate that both general rules of international law and the UNCOPUOS Debris Mitigation Guidelines come to the rescue in addressing the space debris issue as they complement and complete the general obligations contained in the Outer Space Treaty. Particular attention is paid to anti-satellite weapon tests, which have catastrophic consequences in terms of creating debris but nonetheless continue to be carried out. Finally, it ascertains whether an obligation on states to actively remove their space debris exists.

International Legal Regulations Concerning Launching of Russian Anti-Satellite Weapon Missiles Reviewed in Space Law Perspective

The development of weapons technology is currently very advanced and competitive, one of which is the Anti-Satellite weapon (ASAT) technology. ASAT has become a real threat to the sustainability of the space environment, this is because ASAT has the potential to damage international peace and security, trigger an arms race, and increase the amount of space debris orbiting the earth. The absence of regulations that specifically regulate ASAT makes countries feel free to conduct anti-satellite missile test launches. For example, in 2021 Russia conducted an ASAT test targeting the Cosmos-1408 satellite. Using normative juridical research and research approaches with statute approach, case approach, and analytical approach, the author wants to study and analyze international legal arrangements regarding the launch of Anti-Satellite Weapon (ASAT) missiles and the legal consequences against Russia as the country that launches Anti-Satellite Weapon (ASAT) missiles. Based on the results of the study, the researchers found that there were no regulations specifically limiting ASAT, but the regulation in question should have been contained in the Outer Space Treaty 1967 as the basis for regulating all activities related to space, then further legal consequences against Russia for launching anti-missile missiles. -satellite, namely Russia is obliged to be responsible in terms of responsibility and liability in terms of liability and is strengthened by the principle of liability based on fault as stated in the Liability Convention 1972.

Unstealing the Sky: Third World Equity in the Orbital Commons

To whom does outer space ‘belong’? This question lead to space law’s first treaty provision and its most fundamental disputes, but remains unanswered. This ambiguity empowers the loudest interpreters to conquer the cosmos in plain sight – a conquest that continues today in how we read its law, how we remember its past, and how we imagine its future. Space can only be as common as its history. This counterhistory of the decade from Sputnik to the Outer Space Treaty expands our discipline’s origin story. Through reviving these histories, we can see the space commons which might have been, and reimagine the scope of our law’s potential. outer space law, history, global commons, TWAIL, environmental law

International Standards of Juvenile Justice: Its Creation and Impact on Ukrainian Legislation

Background: The rights of the child have always been a focus of international organisations, including the United Nations. This is evidenced by the fact that in 1979 the UN Commission on Human Rights established a Working Group to draft a convention on the rights of the child, which from 1979 to 1989 worked on establishing a universal treaty for children around the world. Among other articles, members of the Working Group developed provisions on juvenile justice. The result of this hard work was that international standards of juvenile justice were established in Arts. 37 and 40 of the UN Convention on the Rights of the Child. Methods: The historical and legal methods were the main methods of the research, which allowed us to make a comparison of the draft texts of Arts. 37 and 40. This comparison gave us an opportunity to trace the development of thoughts of states parties about the treatment of children in penal matters and punishments for committed crimes. The paper begins by considering the draft texts of Art. 20 (which would become Arts. 37 and 40) of the Convention that were proposed for discussion. We reveal the main discussions and contradictions of the members of the Working Group. The next part describes the reason for dividing the initial article about juvenile justice into two separate parts. The final important comments and suggestions of state parties are also highlighted. Results and Conclusions: The process of adopting these articles was long and difficult, as it turned out that developing universal proposals with which all member states would agree was a complex task. Nowadays, Ukraine is trying to reform its legislation, particularly in the sphere of juvenile justice. That is why some useful recommendations for Ukrainian legislation are proposed in the concluding remarks.

Outer Space, an Area Recognised as Res Communis Omnium: Limits of National Space Mining Law

Against the background of rapid advances in space technology and better understanding of the composition of celestial bodies, the utilisation of space resources has become an increasingly important topic; however, the lack of a comprehensive legal framework and the consequent legal uncertainty surrounding legality and conditions under which space resources can be utilised represent a significant barrier for private investors. To be precise, outer space is not unregulated. There are norms of customary international law applicable to activities in outer space, and fundamental legal principles have been enshrined in the Outer Space Treaty. What is more, the Moon Agreement declared space resources the common heritage of mankind and envisages the establishment of an international legal regime; however, the Moon Agreement – the only international treaty explicitly addressing space mining – has been ratified/acceded to by only 18 states, and legal principles enshrined in the Outer Space Treaty are too vague to provide private investors with the regulatory certainty they need. As a result of the lack of progress on legally binding instruments within traditional fora, especially the UN COPUOS, several states decided to address legal certainty unilaterally – via national law. National legislators should take into consideration that national space mining laws are to be applied in an area that is open for access and use to all, an area recognised as res communis omnium. This article analyses regimes governing the utilisation of space resources and aims to identify practical implications for national legislators and diplomats.

TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

Starlinked! An analysis of SpaceX’s small satellite mega-constellation under the Fourth Amendment

ABSTRACT Private commercialization is making broadband internet accessible through a new frontier: space. Space Exploration Holdings, LLC (SpaceX), is launching a mega-constellation of thousands of small-satellites into low-Earth orbit to provide fixed-satellite service across the globe. In order to do so, SpaceX was required to receive a license from the Federal Communications Commission (FCC). The licensing regime is part of a larger international regulatory framework based on five governing treaties – the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, and the Moon Treaty. Compliance with these treaties is managed through the International Telecommunications Union (ITU) an agency of the United Nations. In this instance, the FCC’s domestic licensing processes ensure compliance by the United States to the ITU’s procedures and the treaties. The role of the FCC in maintaining these regulatory operations may, however, introduce risks to consumer privacy. This paper explores the tension between government regulation of information and communication technologies, specifically, small satellite mega-constellations and the right to privacy under the Fourth Amendment of the United States Constitution.

United States policy and legislation on the exploration of natural resources of celestial bodies (international legal aspects)

The present article attempts to integrate and comprehensively analyze the main stages in the formation and development of the U. S. policy and legislation on the use of outer space, including the Moon and other celestial bodies. In connection with recent announcements — the new lunar space program “Artemis” launched by NASA in May 2019, negotiations on bilateral “Artemis Accords” with potential partners in May 2020 (concluded by the U. S. with several states in October 2020), and Donald Trump’s Executive Order on Encouraging International Support for the Recovery and Use of Space Resources — the article focuses on U. S. policy and legislation in the light of the principles and norms enshrined in the following space treaties: the Outer Space Treaty, 1967 (main space treaty), and the Moon Agreement, 1979. The authors, using historical-legal, formal-legal, and comparative legal methods, show the changing position of the U. S. taken by their delegation during the drafting of the aforementioned international treaties, and the U. S. authorities’’ constant adjustment of their national policy and legislation on the exploration of space and its natural resources. To clarify the initial U. S. Position on key aspects, the authors refer to the travaux preparatoires of both the Outer Space Treaty, 1967, and “uncertainty” (according to the U. S. authorities, which had been the active drafter at the time) of the Moon Agreement, 1979. Condensed opinions of leading space experts and famous researchers on international space law are submitted in the article resulting for the authors in: U. S. pursue destructive policy aiming at undermining enshrined in the Outer Space Treaty, 1967, fundamental basis of international space law.

Mining the Milky Way: How to Bring America’s Extraterrestrial Excursions Back Into Compliance With International Obligations

In November of 2015, the 114th United States Congress enacted the Commercial Space Launch Competitiveness Act of 2015 (Space Act) and, in turn, thrusted the door to outer space mining wide open for Americans. Unfortunately, while the Space Act provided a solution for corporations, it created a di- lemma for the United States. As currently enacted, the Space Act directly conflicts with the world’s foundational and most basic framework for international space law: 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). To reassure other signatories and to ensure the United States complies with its international obligations under the Outer Space Treaty, Congress should establish a centralized regulatory authority to govern the activities of American entities in outer space and amend the Space Act to require bonding and permit- ting processes for entities wishing to engage in asteroid mining. This Article is the first to analyze how to modify existing legislation to impose sufficient regulation so the United States may once again comply with its international obligations under Article VI of the Outer Space Treaty. This Article will show that given the inherent risks of outer space mining, the intent and origins of the Outer Space Treaty, and the conflicting allowances contained in the Space Act, changes must be enacted to ensure that the tradition of treaty compliance and mineral- extraction regulation does not stop at our planet’s troposphere.

Ambiguities in Space Law as Path towards Weaponization of Space: the Case of the Outer Space Treaty. Remarks on Regulation of Weaponization of Outer Space by Space Law

Nowadays, space management is widely recognized as an important area of global governance. The management of outer space is very complex, therefore activities of states in outer space realm are regulated by Outer Space Treaty. However, due to a number of ambiguities in the provisions of the Outer Space Treaty regarding the military use of space, loopholes for an increase in militarization and weaponization of space have emerged, thus causing serious problems with space security and affecting the sustainable use of space. Such shortcomings in the regulation of the military use of outer space by the Outer Space Treaty, including the lack of definition of certain terms and the establishment of appropriate procedures, allow the parties to freely interpret the relevant terms, and also conduct experiments in space, which contribute to the militarization and weaponization of space. Naturally this issue poses global security threat, because once the militarization or weaponization of outer space has started, it is almost impossible to reverse this process. In addition, the development of anti-satellite weapons and the dual purpose of satellites orbiting the Earth undoubtedly adds to the political and legal challenge of managing outer space. Therefore, this articles claims, that the legal regulation of outer space requires thorough revision in order to effectively address the issue of legal mechanisms in outer space.