International Efforts for Transparency and Confidence-Building Measures (TCBM) and Japan s Contribution
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1 International Efforts for Transparency and Confidence-Building Measures (TCBM) and Japan s Contribution Atsushi SAITO 4 th March,
2 1. International Rules On Outer Space (1) Committee on the Peaceful Uses of Outer Space (COPUOS) Set up by the General Assembly in 1959 Reviewing international cooperation in peaceful uses of Outer Space Studying space-related activities Encouraging space research programmes Studying legal problems arising from the exploration of Outer Space Outer Space Treaty (OST) 1967 Rescue and Return Agreement 1968 Liability Convention 1972 Registration Convention 1975 ( Moon Agreement 1979) 2
3 1. International Rules On Outer Space (2) Conference on Disarmament Established in 1979, as a result of the first Special Session on Disarmament of the United Nations General Assembly held in 1978 Single multilateral disarmament negotiating forum of the international community (Partial Test Ban Treaty 1963) Ad hoc committee on prevention on arms race in outer space (PAROS) Comprehensive Test Ban Treaty(CTBT) 1996 (not yet entered into force) 3
4 1. International Rules On Outer Space (3) Current Situation What does International Law regulate? Basic principle of peaceful use of Outer Space. As for the security aspect, OST : Prohibition of stationing nuclear weapons or any other kinds of weapons of mass destruction in Outer Space CTBT : Prohibition of any nuclear weapon test explosion or any other nuclear explosion at any place including Outer Space Continuously discussed, but still in development. Not a legally binding instrument, but for soft law (Principles Relating to Remote Sensing of the Earth from Outer Space, UN Space debris mitigation guidelines..). 4
5 2. Drastic Change in Outer Space activities Background (1) Increasing space-utilizing actors and advancement of space technology Number of nations possessing satellites : more than 50 nations Number of nations possessing launching Technology : 10 nations Private actors engagement in outer space activities in commercial and scientific purposes (2) Increasing use of outer space for both civil and security applications Navigation Satellite Systems, Telecommunication and Broadcasting, Remote Sensing Information Gathering and Early Warning by Satellite Space-based technology essential for daily life 5
6 2. Drastic Change in Outer Space activities Situation (3) Increased vulnerability and risks involved in outer space activities Congestion of Outer Space Increasing amount of space debris Satellite Collisions Anti-Satellite weapon test NASA debris Program Office 6
7 3. Roles and Responsibilities What are the points needed to be addressed? Space activities closely related to our lives Increasing importance of Outer Space in National Security Enhancement of resiliency of space systems Ensuring space security New Basic Plan on Space Policy (abstract) To effectively address congestion in space due to space debris and the risks of attacks on satellites, etc., Japan will work to boost the resiliency of space-based systems and promote the formulation of international rules on space utilization, thereby preventing negative effects on our national security or civil interests from events occurring in outer space and ensuring the stable utilization of space. 7
8 4. How can we address? Legally binding instrument? Soft law? Issues to be solved Process: not easy for consensus building Difference of positions: same direction, but different priority Ensuring the implementation: more details, more difficult to verify Contents: even definition of terminology not agreed Target group: States and international governmental organizations as well as private entities 8
9 4. How can we address? Policy framework for realization of space policy goals Realization and reinforcement of the rule of law in outer space New Basic Plan on Space Policy (abstract) The government of Japan will further work toward the establishment of international rules, in particular by promoting the formulation of the International Code of Conduct for Outer Space Activities, and will proactively participate in and contribute to discussions in international conferences such as the United Nations COPUOS (Committee on the Peaceful Uses of Outer Space), so as to play the greatest possible role in the creation of rules by the international community. 9
10 5. Current Approach Non-binding and voluntary norms (1) International Code of Conduct (ICOC) Purpose and scope: Enhancing safety, security and sustainability of outer space activities Addressing outer space activities involving all space objects launched by states, or by non-governmental entities Characteristics: Space debris mitigation(refrainment from intentional destruction of space objects) Notification and Consultation mechanisms Status: 10 Participating in the international discussions towards the adoption of the ICOC
11 5. Current Approach (2) Long-term sustainability of Outer Space activities Guidelines (LTSGL) in UNCOPUOS Purpose: Enhancing the long-term sustainability of outer space activities Characteristics: Focused on practical and prudent measures that could be implemented in a timely manner Various topics (Space debris, Space weather, Space operations, SSA, etc.) Status: Contributing actively to develop guidelines in UNCOPUOS 11
12 6. Other Approaches (3) PPWT (Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects) legally binding Not to place any weapons in Outer Space Not to resort to the threat or Use of force against outer space objects Weapon of mass destruction ASAT test (4) NFP (No first placement of weapons in outer space) Non-legally binding Not to be the first to place any weapons in Outer Space 12 Conventional weapon
13 7. How can we ensure the implementation? Review mechanism? New organization? Example: Outline of ICOC Ⅲ. Cooperation Mechanisms Notification Information sharing Pre/Post consultation Ⅳ. Organizational Aspects Annual meetings Central point of contact 13
14 8. Way forward Establish common understanding for threat In so doing, what s necessary? Critical of TCBM. Realization and reinforcement of the rule of law in outer space New Basic Plan on Space Policy (abstract) In this process, we will actively utilize opportunities for bilateral and multilateral policy dialogues including the ARF (ASEAN Regional Forum) and other regional cooperative frameworks to convey to the international community Japan s principles and position based on fairness, transparency, and reciprocity. In addition, we will encourage other nations to boost the transparency of space operations and work to foster mutual trust, so as to avoid unexpected situations due to misunderstanding or miscalculation. Continue dialogue among space actors Enhancing international cooperation and dialogues - The 3 rd ASEAN Regional Forum Workshop on Space Security (Beijing, 30 November 2 December, 2015) - Bilateral and multilateral Dialogues Japan-U.S. Comprehensive Dialogue on Space (September 10, 11, 2015) Japan-Australia-U.S. Space Security Dialogue (September 15, 2015) 14 Japan-EU Space Policy Dialogue (October 7, 2014)
15 8. Way forward Contribution to global challenges (e.g. climate change, disaster reduction) utilizing Japan s space technologies Sentinel Asia: - Successful initiative of APRSAF (Asia-Pacific Regional Space Agency Forum) - Support disaster management through emergency observation upon requests in event of major disaster Voluntary efforts enhancing transparency UN Group of Governmental Experts Report (A/68/189, 29 July 2013): - Information exchange on space policies - Information exchange and notifications related to outer space activities - Consultative mechanisms 15
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