LAW OF SPACE APPLICATIONS (G) Instructor: Professor Ram Jakhu Number: ASPL 638 Term: Winter 2009

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1 Faculty of Law McGill University LAW OF SPACE APPLICATIONS (G) Instructor: Professor Ram Jakhu Number: ASPL 638 Term: Winter 2009 Language of instruction: English Credits: 3 Course objectives: This course deals with the international legal aspects of various space applications. In particular, the course examines the international law related to satellite telecommunications, the role therein of various international organizations as well as broadcasting by satellite, navigational services, remote sensing by satellites, space stations, space travel, etc. Certain specific aspects of international law will be discussed as they relate to international technology transfers, military uses of outer space, trade in space products, satellite telecommunications and launch services. Course materials: Mandatory texts: - Jakhu, Ram S., Law of Space Applications: Course Materials, IASL, Jakhu, Ram S., Legal Issues Relating to the Global Public Interest in Outer Space, Journal of Space Law, Fall 2006, pp International Convention Concerning the Use of Broadcasting in the Cause of Peace, International Covenant on Civil and Political Rights, Treaty on Principles Governing the Activities of States in the Exploration and the Use of Outer Space, including the Moon and other Celestial Bodies; entered into force on Oct. 10, INTERSPUTNIK (1971), ARABSAT (1976), agreements; [also INTELSAT (1973), INMARSAT (1976), EUTELESAT (1982)] - Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, Brussels, 1974

2 Outline of Course on Law of Space Applications (2009) by Ram Jakhu 2 - Convention on the Transfer and Use of Data of Remote Sensing of the Earth from Outer Space, UN Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting, Agreement on the Activities of States on the Moon and other Celestial Bodies; entered into force on July 11, UN Principles Relating to Remote Sensing of the Earth from Outer Space, European Convention on Transborder TV, 1989 (as amended in 1998) - European Directive on TV without Frontiers, 1989 (as amended in 1997) - International Space Station Agreements, 1998; and related MoU s and arrangements. - ITU Constitution and Convention, 2002 (as amended in 2006); and the ITU Radio Regulations, 2004 (as amended in 2007) - Resolution of the UN General Assembly on Prevention of an arms race in outer space, UN Doc. A/C.1/60/L-27 of 12 October Resolution of the UN General Assembly on Prevention of an Arms Race in Outer Space, UN Doc. A/RES/61/58 of 6 December 2006 Recommended texts: - Annals of Air and Space Law, Benkö, M. and Gruber, G., The Adoption of Principles on Remote Sensing of the Earth from Outer Space and Other Recent Developments, 366(1) ZWL, 1987, Bender, R., Launching and Operating Satellites: Legal Issues, Bourbonniere, Michel, LOAC and the Neutralization of Satellites: or ius in bello satellites, Cheng, B., Studies in International Space Law, Christol, C.Q., The Modern International Law of Outer Space, 1982

3 Outline of Course on Law of Space Applications (2009) by Ram Jakhu 3 - Codding, Jr., G.A., and Rutkowski, A.M., The International Telecommunication Union in a Changing World, Doyle, S.E., Civil Space Systems: Implications for International Security, Federal of American Scientists, Ensuring America's Space Security: Report of the FAS Panel on Weapons in Space, September 2004; - Fisher, D., Prior Consent to International Direct Satellite Broadcasting, Gorove, S., Developments in Space Law: Issues and Policies, Guldimann, W. and Kaiser, S, Future Air Navigation Systems: Legal and Institutional Aspects, International Academy of Astronautics, Cosmic Study on Space Traffic Management, 2006; - Jakhu, Ram S., Space Security and Competition For Radio Frequencies And Geostationary Slots, to appear in Zeitschrift Für Luft-und Weltraumrecht, 2009, (with Karan Singh) ---- Twenty Years of the Moon Agreement: Space Law Challenges for Returning to the Moon, 54 Zeitschrift Für Luft-und Weltraumrecht, 2005, pp. 243 et seq Reforming the Regulatory Regimes governing Telecommunications in Asia in Proceeding of the Conference on Asian Cooperation in Space Activities: A Common Approach to Legal Matters, held on 1-4 August 2006, in Bangkok, Thailand, published in 2007, 14 pages (un-paginated) ---- Policy and Legal Aspects of the Space Launching Sites on Korea, Proceedings of the International Symposium on Space Launch Infrastructure, May 6-7, 2005, Goheung County, Jeonnam, Korea Challenges in Regulating Satellite Telecommunications in the Early 21st Century, XXVIII Annals of Air and Space Law, 2004, pp. 281 et seq International Law Regarding the Acquisition and Dissemination of Satellite Imagery, Vol. 29 (No. 1 &2), Journal of Space Law, 2003, pp. 65 et seq Legal Aspects of Space Tourism, Proceedings of the Forty-Fourth Colloquium on the Law of Outer Space, 2002, pp 112 et seq. (with Raja Bhattacharya).

4 Outline of Course on Law of Space Applications (2009) by Ram Jakhu Safeguarding the Concept of Public Service and the Global Public Interest in Telecommunications, 5(1) Singapore Journal of International and Comparative Law, 2001, pp 71 et seq The New United States Export Control Regime: Its Impact on the Communications Satellite Industry, XXV Annals of Air and Space Law, 2000, pp. 157 (with J. Wilson) ---- (with Virginia R. Serrano), International Regulation of Radio Frequencies for Space Services, in the Proceedings of the Berlin Workshop on Satellite Telecommunications, March (with Michael Davis), Global Mobile Personal Communications Satellite Systems (GMPCS) - The International Regulatory Revolution, Paper no. IAF-98- m Materials Processing in Space - Programs and Legal Aspects, 1992; ---- Plenipotentiary Decisions on Key Legal Issues, in Transnational Data and Communications Report, Aug./Sept. 1989, 15 et seq.; ---- (with Matte, N.M.), Legal Issues of the interception of American Television Signals in Canada, in E.J. Mestmacker (ed.), The Law and Economics of Transborder Telecommunications, 1987, 89 et seq The Evolution of the ITU Regulatory Regime Governing Space Radiocommunication Services and the Geostationary Satellite Orbit, in Annals of Air and Space, 1983, 381 et seq. --- The Legal Regime of the Geostationary Orbit, (D.C.L. Thesis), Jasani, B. (ed.), Peaceful and Non-Peaceful Uses of Space-Problems of Definition for the Prevention of an Arms Race, Johnson, Rebecca, Multilateral Approaches to Preventing the Weaponisation of Space in Disarmament Diplomacy, Issue No. 56, April 2001; - Lachs, M., The Law of Outer Space: An Experience in Contemporary Law-Making, Lafferanderie & Crowther (eds.), Outlook on Space Law over Next 30 Years, Lyall, F., Law and Space Telecommunications, Meredith, P.L., & Robinson, G.S., Space Law: A Case Study for the Practioner, Mistry, Dinshaw, Beyond the MTCR: Building a Comprehensive Regime to Contain Ballistic Missile Proliferation 27.4 International Security, (Spring 2003), pp. 119 et seq.

5 Outline of Course on Law of Space Applications (2009) by Ram Jakhu 5 - US Air Force, Counterspace Operations: Air Force Doctrine Document 2-2.1, 2004, - US, Report of the Commission to Assess US National Security Space Management and Organization, January van Traa-Engelman, Commercial Utilization of Outer Space: Legal Aspects, Wolter, Detlev, Common Security in Outer Space and International Law, United Nations Institute for Disarmament Research, Geneva, Young, A.J., Law and Policy in the Space Stations' Era, 1989 Evaluation: 100 % Examination (open book; 3 hours) on Wednesday, 22 April 2008, at 2.30 PM General Information: Companion courses in the faculty of law: Public International Law; Law of International Organizations, Communications Law in Canada. Prerequisites: None (however, some knowledge of General Principles of Space Law and/or Public International Law is assumed) Teaching days and hours: Mondays: from 2.30 to 5.30 PM; except where notified otherwise. Professor s coordinates: Room 100, 3661 Peel Street; Tel ; ram.jakhu@mcgill.ca Office hours: open door; or contact Ms. Maria D Amico at maria.damico@mcgill.ca to arrange for a meeting at mutually convenient day and time. Preferred method of communication: . Rescheduled classes: No rescheduled classes are expected at this time. Should they become necessary, students will be notified accordingly. McGill University values academic integrity. Therefore all students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Code of Student Conduct and Disciplinary Procedures (for more information, visit:

6 Outline of Course on Law of Space Applications (2009) by Ram Jakhu 6 OUTLINE AND TENTATIVE SCHEDULE OF LECTURES (01) Monday, 05 January 2009: 2.30 to 5.30 PM Factual Background and Introduction (a) Technology of space applications (b) Relationship between space technology and law of space applications (02) Monday, 12 January 2009: 2.30 to 5.30 PM Regulation of Telecommunications by Satellite (a) Legal regime, established through intergovernmental consultative organisation (the International Telecommunication Union-ITU) regulating the use of the radio frequencies and the geostationary orbit (i) Brief history and organisational structure of ITU (03) Monday, 19 January 2009: 2.30 to 5.30 PM (ii) Right-vesting procedures, including coordination and registration, for interference-free operation of satellites (04) Monday, 26 January 2008: 2.30 to 5.30 PM (Audrey Allison, Boeing, TBC) (ii) Right-vesting procedures (conti..) (05) Monday, 02 February 2009: 2.30 to 5.30 PM (b) Legal regime governing intergovernmental satellite operating organisations (i) World-wide and regional organisations and their distinctive features (ii) Latest legal developments in privatising these organisations (06) Monday, 09 February 2009: 2.30 to 5.30 PM (c) The World Trade Organisation and the law implementing liberalisation of satellite telecommunication services (d) Legal and policy issues related to Global Mobile Personal Communication Satellite (GMPCS) services (07) Monday, 16 February 2009: 2.30 to 5.30 PM (e) Specific legal issues related to: (i) Direct broadcasting by satellites (DBS) (ii) Unauthorised interception of satellite signals February Study Week - no classes (08) Monday, 02 March 2009: 2.30 to 5.30 PM Legal Regime Governing Manned Space Activities, including Space Stations and Space Travel (a) Relevant technical aspects of manned space activities (including space stations)

7 Outline of Course on Law of Space Applications (2009) by Ram Jakhu 7 (b) Analysis of the 1998 international agreements for the operation of the International Space Station, particularly their provisions relating to: (i) national jurisdiction, especially over criminal matters, (ii) participation in and utilisation of the ISS facilities by partners and non-partners, (iii) operation and organisation, (iv) liability and cross-waiver of liability, (v) acquisition and protection of intellectual property rights (including data security) in materials processed in outer space (c) Specific legal issues relating space travel and tourism. (09) Monday, 09 March 2009: 2.30 to 5.30 PM Legal Regime Governing Manned Space Activities (conti ) (10) Monday, 16 March 2009: 2.30 to 5.30 PM (Dr. Peter van Fenema - TBC) Legal Issues Related to Space Transportation, Trade and Transfer of Technology (a) Agreements relating to international trade in space launch services, (b) International trade in space products and legal barriers to international transfer of space technology (11) Monday, 23 March 2009: 2.30 to 5.30 PM (Jiefang Huang TBC) A. Regulation of Navigation by Satellites (a) Relevant technical and political aspects of navigation by satellite (NAVSATs) (b) Legal and institutional issues related to the satellite-based navigation systems in general and for aeronautical services (CNS/ATM) in particular (c) Law and space traffic management B. Regulation of Remote Sensing by Satellites (including meteorological services) (a) Relevant technical aspects of satellite remote sensing, (b) United Nations and legal principles governing remote sensing satellites, (c) Regulations and policies relating to the control of collection of remote sensing data, its processing and distribution (12) Monday, 30 March 2009: 2.30 to 5.30 PM Military Uses of Outer Space (a) International law and military activities in outer space (b) Space arms control and disarmament: proposals and prospects (c) Law of armed conflict and rules of engagement (re: military space operations) (13) Monday, 06 April 2009: 2.30 to 5.30 PM Military Uses of Outer Space: (conti.) Final Review of the Course: Questions and Answers Last day of Classes: Tuesday 14 April 2009