The Wonders of International Space Law

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1 University of Sydney Aerospace Engineering 30 August 2017 The Wonders of International Space Law Steven Freeland Professor of International Law, Permanent Visiting Professor, icourts Centre of Excellence for International Courts, Denmark Visiting Professor, University of Vienna, Austria Visiting Professor, Université Toulouse 1 Capitole, France Adjunct Professor, University of Adelaide Associate Member, Centre for Research in Air and Space Law, McGill University, Canada Member of Faculty, London Institute of Space Policy and Law Member of Government Expert Reference Group

2 The Need for International Regulation October birth of the space race Immediate legal issues Geopolitical context Cold War Rapid development of technology based on military / missile technology Early recognition of strategic value of space => need for legal framework UNGA / (eventually) treaties / (subsequently) soft law => Need for (UN) Coordinating Organisations and Regulatory Mechanisms UNCOPUOS Conference on Disarmament Demarcation of responsibility for Peaceful (non-security) uses of outer space - law-making Weapons in space / space security diplomacy / politics GGE Report (2013) => beginnings of a shift

3 Outer space is not a lawless frontier but UNGA Resolutions 1960s => a series of United Nations Treaties International Space Law Treaties Outer Space Treaty (1967) Rescue Agreement (1968) Liability Convention (1972) Registration Convention (1975) Cold War context Fundamental principles but Disconnect between words and reality? Moon Agreement (1979) coexisting with negotiations for UNCLOS (1982) both treaties rejected by major industrialised powers => inability to agree on further treaties 1980s => UNGA Principles Increasingly complemented by hard and soft law guidelines including TCBMs bloc positions (G77+ China, GRULAC, BRICS, NAM countries etc) emergence of national law (approximately 30 States and counting

4 UNCOPUOS (1) Ad Hoc Committee 1958 Permanent Committee 1959 (Australia a founding member) goals: Review international cooperation in peaceful uses of outer space Devise programmes under UN auspices Encourage continued research / dissemination Study legal problems / issues Two standing Subcommittees Scientific and Technical Legal First Meeting 1961

5 UNCOPUOS (2) Annual Meetings Vienna Permanent Secretariat (UNOOSA) Currently 83 members one of largest UN Committees Consensus approach to decision-making Common platform for discussion but other bodies / negotiating frameworks CD / UNIDROIT / Hague CoC / ICoC increasing commercialization of space / rapid technological development / diversity of activities / military issues => challenges

6 Conference on Disarmament Established 1979 (succeeding other fora) Geneva-based reports to UNGA Currently 65 members plus non-member observer States the single multilateral disarmament negotiating forum of the international community Consensus approach 2015 work includes Prevention of an arms race in space (PAROS) Some historical successes but Difficulty agreeing its own work programme priorities Gridlock on China/Russia sponsored initiative (PPWT)

7 Legal Status of Outer Space What is Outer Space? Territorial? Demarcation? Implications for Regulation

8 Outer Space Treaty (some) Fundamental Principles (1) Freedom to explore and use/free access for all (Art I) province of mankind (Art I) cf common heritage of mankind (MA / UNCLOS) No appropriation / claims of sovereignty (Art II) Activities in accordance with International Law (including UN Charter) (Art III) Restrictions re nuclear weapons / weapons of mass destruction (Art IV) Peaceful Purposes (Art IV)

9 Outer Space Treaty (some) Fundamental Principles (2) International responsibility for national activities in outer space (Art VI) non-governmental entities => authorization and continuing supervision International Liability (Art VII) => Liability Convention Jurisdiction and control / ownership (Art VIII) => Registration Convention Due regard / cooperation and mutual assistance / consultation (Art IX) Intergovernmental organizations (Art XIII)

10 Challenges for Space Law / Regulation Now and into the Future Breaking down silo approaches to regulation Internationally Nationally a whole of Government approach Long-term sustainability of space Militarization / Weaponization of space Small satellite technology The digitization (Google-isation ) of space Human (aero)space flight Commercial exploitation of natural resources High Altitude Platforms / Drones etc (not space law but ) Restoring / retaining the humanity of space