Future of the Draft International Code of Conduct as the Linchpin of the Space Security and Safety

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1 Future of the Draft International Code of Conduct as the Linchpin of the Space Security and Safety 4 March 2016 International Symposium On Ensuring Stable Use Of Outer Space Setsuko AOKI, D.C.L. Professor, Keio University, Japan aosets@sfc.keio.ac.jp 1

2 Table of Contents I Principles of the existing international space law 1 forum to make international space law 2 basic principles of the UN treaties on outer space II Draft International Code of Conduct (ICoC) for Outer Space Activities 1 Path to to the ICoC: Various TCBM efforts 2 Contents of the draft ICoC III Concluding Remarks: ICOC as the linchpin of Space Security and Safety 2

3 I Principles of the existing international space law 1 Forum to make international space law UN Committee on the Peaceful Uses of Outer Space (COPUOS) A subsidiary organ of the UN General Assembly Permanent organ since States as of today Organization: (i) Scientific and Technical Subcommittee (STSC) (ii) Legal Subcommittee (LSC) (iii) Main Committee Consensus-based decisions since

4 UN Space Treaties Signature/ entry into force A/AC.105/C.2/2015/CRP. 8 (8 April 2015) Name of the treaty Number of states parties 1967 Outer Space Treaty (OST) Rescue and Return Agreement Liability Convention Registration Convention 62 Moon Agreement 16 4

5 UN General Assembly Resolutions, etc. (soft law) Principles and declarations on the use of: Direct Broadcasting Satellites Remote Sensing Satellites Nuclear Power Sources Geostationary Orbits Not a single treaty made for more than 35 years in the COPUOS Declaration and Recommendations on: Space Benefits Launching States Enhancing the Practice on Registering Space Objects National Space Legislation Not legally-binding, but only recommendatory COPUOS Resolution and Framework (not a GA Resolution) 2007 Space Debris Mitigation Guidelines (STSC) endorsed by the UNGA in Safety Framework for Nuclear Power Source Applications in Outer Space (STSC/IAEA) endorsed by the UNGA in

6 2 Basic principles of the UN treaties on outer space 1 Space exploration and use = province of mankind (Freedom of space activity) 2 Non-appropriation 3 Prohibition of military activities on the celestial bodies; and prohibition of stationing weapons of mass destruction in outer space 4 unique regime: liability of launching States 5 Protection of the space environment (prohibition of the harmful interference) 6

7 Article IV of the Outer Space Treaty (OST): States Parties to the OST undertake in outer space: 1) not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction; and 2) not to station such weapons in outer space in any other manner. outside the scope of the prohibition - conventional weapons - earth to space to earth (ballistic trajectory) 7 7

8 celestial bodies celestial bodies shall be used exclusively for peaceful purposes Earth Only WMD prohibited in outer space X a. military bases, installations and fortifications X b. testing of any type of weapons X c. conduct of military maneuvers 8

9 Art. IX of the Outer Space Treaty protection of the space environment 1 due regard to the corresponding interests of all other States Parties; 2 to avoid harmful contamination in outer space; and 3 the possibility of the potentially harmful interference with activities of other States Parties prior consultation insufficient rules on debris mitigation 9

10 II the draft International Code of Conduct (ICoC) for Outer Space Activities 1 Path to the ICoC: Various TCBM efforts 2 Contents of the ICoC 10

11 1 Path to the ICOC (1) Conference on Disarmament (CD) proposals (incl. 3 draft PPWT (2002, 2008, 2014) to the comprehensive ban of the weapons in space and various proposals to ban Anti-Satellite (ASAT) weapons What shall be banned: definition issues (incl. design based, or capability based); deployment/target position, etc. Verification issues No consensus reached to enter a negotiation for more than three decades CBM (TCBMs since 2005) ideas as a first step (esp. 1990s-) 11

12 (2) UN Group of Governmental Experts (GGE) Goal: to produce a consensus report which outlines recommendations on CBMs/TCBMs (1)established in 1990 Report (144 pages) published in 1993 satellite monitoring (PAXSAT A, ISMA, etc. ); strengthened registration of space objects; keep-out zones; launch inspection, etc. (1)Established in 2011 report published (22 pages) in 2013 Recommends int l CoC 12

13 (3) HCOC 2002 International Code of Conduct against Ballistic Missile Proliferation (HCOC) 93 states 137 states (Feb. 2016) *pre-launch notification *annual declaration of the SLVs policies *annual notification of the record of the previous year *voluntary international inspection * compliance with the tenets of space law 13

14 2 Contents of the ICOC (1) history 2007 EU (Portugal) proposal to the UNGA 1 st Committee on the elaboration of the ICoC as a response to the request by the UNSG on a concrete TCBMs 2008 EU Code of Conduct adopted (amended in Sept & June 2012) Jan declaration of the US Secretary of State to make an ICOC May 2013 Open-ended consultations (1 st ) Sept draft ICOC published Nov 年 Open-ended Consultations (2 nd ) March 2014 Revised draft ICOC = Current draft May 2014 Open-ended Consultations (3 rd ) July 2015 multilateral negotiations on the International CoC ICOC amended 4 times since

15 (2) Structures Preamble I. Purpose, Scope and General Guidelines II. Safety, Security and Sustainability of Outer Space Activities III. Cooperation Measures IV. Organizational Aspects 15

16 (3) I. Purpose, Scope and General Principles The purpose of the ICOC = safety, security and sustainability Nature: TCBMs, complimenting the current legal framework non-legally binding Scope: all activities= civil, commercial & military General Principles: adherence to the current legal frameworks To promote the development of guidelines safety and security + long-term sustainability (not adopted in the COPUOS/STSC as of 2016 (originally planned to be finalized in 2012) 16

17 (4) II. Safety, Security and Sustainability of Outer Space Activities to minimize the risk of accidents + collisions + harmful interference (incl. ITU rules on spectra) To refrain from damage or destruct of space objects exceptions: i) safety considerations (ex. protect human life); ii) to reduce the creation of space debris; or iii) the inherent right of self-defense Guideline 4 of the Space debris guidelines 17

18 (5) III. Cooperation Measures 1. notification Notification on the actions which could affect the safety of other States space activities - Pre-notifications of the launch; - Scheduled maneuvers; - Predicted high-risk re-entry - Predicted conjunctions; - Malfunctions of space object - On-orbit Collisions and break-ups taken place; *Above a certain threshold + to potentially affected States 18

19 (cont d) information exchange/provision Information sharing: periodical and when needed: - Space strategy/policy (incl. security related); - space programs; - efforts to comply with the international space law and frameworks; - Information on space environment/forecasts from its SSA Promote international cooperative programs (mutually acceptable basis such as technology safeguards arrangements) 19

20 (cont d) transparency by the information - Familiarization visits - Expert visits to space launch sites, etc. Repeated proposals in the CD - Observation of launches of space objects; Elaboration of Art. 10, OST - Demonstration of rockets and other space-related technologies; - Dialogues to clarify information; and - Workshops & conferences HCOC Consultation mechanism for peaceful settlements of disputes 20

21 (6) IV Organizational Aspects -annual meetings and ad hoc meetings to further develop this ICoC + facilitation possible reporting of the outcome to the UNGA, COPUOS, CD, etc. - A Central Point of Contact (Secretariat of the ICoC) - Electronic database (exclusively for the Subscribing States) and communications systems through which: notification dissemination, information sharing, etc. 21

22 III Concluding Remarks: ICOC as the linchpin of the Space Security and Safety Issues: Procedural: outside the UN v. in the UNGA Substantial: remaining differences on several provisions including the possible destruction/damage of space objects to protect the safety of human life; to reduce the creation of space debris----(para. 4.2) 22

23 (cont d) Issue of international space law One of the launching States registration of space object Jurisdiction and control (J and C) Space debris (already nonfunctional satellite) cannot be taken away no matter what without the consent of the State which retains J and C? 23

24 (cont d) ICOC is a first step for enhancing the security, safety and sustainability of outer space Grand sum of the reasonable TCBMs for the last several decades ICOC is the survivor in its substance, minimum necessity, and therefore, this is the solid platform on which we have to work on the order for the peaceful uses of outer space. 24

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