Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies
Presentation by Justin Ordoyo
University of the Philippines College of Law
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies
Presentation by Justin Ordoyo
University of the Philippines College of Law
Ripples in the Pond: The Effect of State Actions on the Corpus of Internation...Michael J. Listner
International law, including space law, is most commonly associated with treaties. However, international law is also created by custom and like the a body of water affected by state actions that create, interpret and erode its corpus.
Deficiencies and Pressing Issues in the Existing Legal Regime of Outer SpaceChristopher Johnson
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities. These deficiencies include both intended deficiencies in the law—where the drafters refrained from lawmaking (either out of modesty or political expediency); as well as unintended and emergent deficiencies (where technological progress in spaceflight technologies and capabilities were not addressed in the law because they were simply not imagined at the time).
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
Proposed space legislation: real property rights, mining law, salvage law, and other provisions to provide legal certainty and encourage commercial activities in outer space.
2. Theories As To Air Space Air Space Is Entirely Free And Open To All
Lower Zone Of Territorial Space Belongs To The Subjacent State While Higher Zone Of Air Space Is Fre
Air Space- An Unlimited Height Lies Within The Domain Of The Subjacent State
Air Space Within Sovereignty Of The Subjacent State Subject To Servitude Of Innocent Passage For Foreign Civil Aircraft But Not Military Aircraft
3. AIR LAW- AERIAL NAVIGATION-AIRCRAFT HIJACKING distinction
4.the right to fly over a foreign country without landing
the right to refuel or carry out maintenance in a foreign country without embarking or disembarking passengers or cargo
5. the the right to fly from one's own country to another and from another country to own country
the right to fly between two foreign countries on a flight originating or ending in one's own country
the right to fly inside a foreign country, with and without continuing to one's own country
right to fly from one's own country to another and from another country to own country
the right to fly between two foreign countries on a flight originating or ending in one's own country
the right to fly inside a foreign country, with and without continuing to one's own country
6. The Convention establishes rules of airspace, aircraft registration and safety, and details the rights of the signatories in relation to air travel
The Convention also exempts commercial air fuels from tax.
on April 4, 1947 ICAO came into being. In October of the same year, ICAO became a specialized agency of the United Nations Economic and Social Council (ECOSOC)
7. As of 2013, the Chicago Convention has 191 state parties, which includes all member states of the United Nations—except Dominica, Liechtenstein, and Tuvalu—plus the Cook Islands
Ripples in the Pond: The Effect of State Actions on the Corpus of Internation...Michael J. Listner
International law, including space law, is most commonly associated with treaties. However, international law is also created by custom and like the a body of water affected by state actions that create, interpret and erode its corpus.
Deficiencies and Pressing Issues in the Existing Legal Regime of Outer SpaceChristopher Johnson
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities. These deficiencies include both intended deficiencies in the law—where the drafters refrained from lawmaking (either out of modesty or political expediency); as well as unintended and emergent deficiencies (where technological progress in spaceflight technologies and capabilities were not addressed in the law because they were simply not imagined at the time).
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
Proposed space legislation: real property rights, mining law, salvage law, and other provisions to provide legal certainty and encourage commercial activities in outer space.
2. Theories As To Air Space Air Space Is Entirely Free And Open To All
Lower Zone Of Territorial Space Belongs To The Subjacent State While Higher Zone Of Air Space Is Fre
Air Space- An Unlimited Height Lies Within The Domain Of The Subjacent State
Air Space Within Sovereignty Of The Subjacent State Subject To Servitude Of Innocent Passage For Foreign Civil Aircraft But Not Military Aircraft
3. AIR LAW- AERIAL NAVIGATION-AIRCRAFT HIJACKING distinction
4.the right to fly over a foreign country without landing
the right to refuel or carry out maintenance in a foreign country without embarking or disembarking passengers or cargo
5. the the right to fly from one's own country to another and from another country to own country
the right to fly between two foreign countries on a flight originating or ending in one's own country
the right to fly inside a foreign country, with and without continuing to one's own country
right to fly from one's own country to another and from another country to own country
the right to fly between two foreign countries on a flight originating or ending in one's own country
the right to fly inside a foreign country, with and without continuing to one's own country
6. The Convention establishes rules of airspace, aircraft registration and safety, and details the rights of the signatories in relation to air travel
The Convention also exempts commercial air fuels from tax.
on April 4, 1947 ICAO came into being. In October of the same year, ICAO became a specialized agency of the United Nations Economic and Social Council (ECOSOC)
7. As of 2013, the Chicago Convention has 191 state parties, which includes all member states of the United Nations—except Dominica, Liechtenstein, and Tuvalu—plus the Cook Islands
Topic UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRA.docxturveycharlyn
Topic: UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRAEL’S CAPITAL
4 pages double spaced
Political Studies: Outline
First section: Topic
1. Paper topic: Write a short paragraph describing your topic. Be very specific.
2. Thesis statement: Write a clear thesis statement about your paper topic.
Second Section: The paper outline
1. Introduction: Outline what your argument in your paper is going to be in a paragraph
2. Section (#): briefly outline what each section of your paper will be about.
· Include your academic citations in their respective sections
· Explain how you will use them in your arguments in one or two sentences
· You should have as many sections in your outline as you expect to have in your paper.
3. Conclusion.
Things you should include in your outline:
1. Specifics on your topic. The more detail you provide the better your grade will be
2. At least six academic sources that are relevant to your topic as well as an explanation of how you will use them. (APA)
Holloway
Canada’s Need to Take Ownersh*t of its Role in Space Exploration
A short paper on international space law
Introduction/Issues
A frozen turd ball was ejected from our orbiting space station and struck a foreign state’s spy satellite. The satellite was knocked out of orbit and crashed to Earth. The foreign state now demands reparations from us. This paper will survey the legal regime for the use of space and states’ obligations with respect to debris causing damage to other objects in space. Then, this paper will analyze the current situation to assess our options for response. This paper concludes that we should pay reparations to the foreign state and develop technologies to reduce our production of dangerous debris in space.
Rules
Given that humanity gained access to space relatively recently, and only a limited number of states actually participate in space exploration, international space law is still in its infancy. Although states have jurisdiction over the airspace immediately above their territory, outer space is understood as a ‘res communis’, meaning that none of it can form part of a state’s sovereign territory.[footnoteRef:1] The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies entered into force in 1967 and forms the basis of international space law.[footnoteRef:2] 103 states, including Canada, have ratified the treaty and another 25 states are signatories.[footnoteRef:3] Article III notes the parties’ desires to promote peace, security, cooperation and understanding with regards to the use and development of space. Article VIII specifies that states maintain jurisdiction over whatever objects or personnel they send into space. [1: Currie, John H. et al, International Law: Doctrine, Practice and Theory, 2nd ed (Toronto: Irwin Law, 2014) at 466. ] [2: Treaty on Principles Governing the Activities o ...
Iridium satellites out of fuel. Gas tank is empty.kleova
Iridium satellites out of fuel and drifting towards earth. been nice ride on iridium satellite phones. now i know why my iridium phones is dropping calls like crazy these days.
Will OneWeb continue as a potential global satellite network after chapter 11?
This paper looks at what we can learn from previous chapter 11 filings such as ICO and Iridium. It notes that the regulatory ITU filings are not via the US administration. The UK and France control the ITU filings as notifying admins - so their attitudes will be key - and likely not bound by US chapter 11 decisions. This was the case with ICO having its filings revoked by the UK.
The paper also looks at what the current constellation of 74 satellites might offer to consumers and how many more satellites might be required (perhaps 300 in total?) to offer consumer grade service in the US.
The paper also looks at who the creditors are - nearly 90% from European companies and some European governments being significant creditors indirectly. This may suggest an option to have the network upgraded and used to provide rural broadband coverage for public policy objectives (perhaps in Northern Europe initially).
it is a description consisting of what is space debris and how it is caused, what all are methods being applied in encountering them, the speed at which debris moves in space and all... do go through to explore more !!
Private, non-governmental actors are becoming increasingly active in space activities, driving innovation and expanding our capabilities. However, their ambitions have implications for international and national governance regimes. This lecture was given at the Geneva Centre for Security Policy's 2019 Geopolitics and Global Futures Symposium
2. Space Debris Reentry Events 2011
• 2011 saw three significant orbital space debris reentry events
that could have implicated the strict liability standard of the
Liability Convention of 1972.
• The strict liability standard of the Liability Convention was
applied once by the Canadian government in 1979 when debris
from the RORSAT Cosmos 954 crashed in Canadian territory.
The Canadian government did recover compensation from the
Soviet Union; however, the success of the Liability Convention
in this case is debatable.
3. Space Debris Reentry Events 2011
• Upper Atmospheric Research Satellite (UARS) September
12/15, 1991 – September 23/24, 2011
– Launching State: United States
• Roentgen satellite (ROSAT) June 1, 1990 - October 23/24,
2011
– Launching State: Germany, United States, United Kingdom?
• Fobos-Grunt: November 8, 2011 – January 15, 2012
– Launching State: Russian Federation/Republic of
Kazakhstan/PRC?
4. Potential Collisions With Space Debris 2011
2011 also saw numerous potential orbital conjunctions between
the ISS and orbital space debris that could have implicated the
fault liability standard of the Liability Convention of 1972.
5. Potential Orbital Collisions 2011
Sampling of potential collision incidents in 2011 for the
International Space Station
Date of Maneuver/Close Object Avoided Action Taken
Approach
2-April-2011 Fragmentation debris from Collision Avoidance Maneuver
Russian Cosmos 2251
28-June-2011 Debris apparently from Proton Crew retreated to Soyuz;
ullage motor breakup insufficient time for maneuver
11-July-2011 Fragmentation debris from Maneuver not deemed
Cosmos 375 (ASAT) necessary.
29-September-2011 Russian Tsyklon rocket body Collision Avoidance Maneuver
debris
Information taken in part from NASA Orbital Debris Quarterly
6. Legal Consequences of Orbital Collisions
• Cosmos 2251/Iridium 33 Collision in 2009 set the stage for the
first application of the fault-liability standard, but no claim
was made because of lack of evidence about what happened
since incident was in an SSA blind-spot.
• Many questions surround the application of the fault-liability
standard, including how fault is apportioned.
• Question: Where would liability lie if a collision occurs
between the ISS and a piece of space debris?
7. Dispute Resolution
• On December 6, 2011, the Permanent Court of Arbitration
adopted the Optional Rules for Arbitration of Disputes
Relating to Outer Space Activities.
– First legal dispute resolution mechanism specific to outer space
since the Claims Commission in the Liability Convention of
1972.
– Intended for disputes related to outer space activities of
governmental organizations or non-governmental organizations.
– Potential use to clarify existing space law treaties.
– Could be used to enhance a Code of Conduct.
– Potential use for dispute resolution for the United States’ plan to
use TCBMs to address outer space security issues.
8. New Participants in Outer Space Activities
• The Austrian Parliament passed the Austrian Space Act on
December 6, 2011.
– Domestic space law that sets up Austria to become a launching
State and satellite operator from within its sovereign territory.
– The new law embodies and reinforces current international space
law treaties.
– The law mandates use of UN space debris mitigation guidelines
for space objects launched under Austria’s jurisdiction.
10. Commercial Space in 2012
• Successful COTS mission for Space X means that commercial
space will receive further support and move forward with ISS
resupply missions; other commercial actors will soon
participate.
• Sub-orbital will soon take the stage. Virgin Galactic has
received license from the FAA for powered test of Space Ship
2. Flight to take place in late 2012.
• What kind of regulatory environment will evolve as
commercial space matures?
11. Commercial Space Regulations/Space Traffic
Management
• Commercial Space Launch Amendments Act of 2004 imposes
a moratorium on new regulations on commercial space until
October 15, 2015 (by extension); however, as commercial
space grows (or an accident occurs) FAA will expand
regulation by balancing the need for regulation with safety.
• Many U.S. States have enacted limited liability laws to attract
sub-orbital commercial space operators.
– Liability will grow as commercial space matures.
• FAA and NASA signed MOU on June 4, 2012 to coordinate
their respective roles in commercial space and prevent overlap
of regulations.
12. Commercial Space Regulations/Space Traffic
Management (continued)
• FAA COMSTAC currently developing recommendations for
licensing of commercial spaceports (changes to 14 CFR Part
420.)
• Organizations such as the International Association for the
Advancement of Space Safety (IAASS) promote implementing
an international regime similar to International Civil Aviation
Organization (ICAO) to oversee commercial space activities.
• Customary international law will play a role.
• Other nations will likely follow U.S. example.
13. Commercial Space Issues
• Issues that may arise from commercial space activities:
– Does the current body of space law address commercial space?
– Is a new regulatory body or treaty needed to manage commercial
space activities or will customary law and practices fill the gaps?
– What is the legal status of passengers flying into space on
commercial vehicles? Are they entitled to protections under
current international law, i.e. astronauts?
– What happens if 3rd party actors commit an intentional tort or
criminal act during space activities. Who is liable? Criminal
sanctions and whose jurisdiction will it fall under?
15. Legal Issues of Space Debris Remediation
• No legal precedent for intentionally removing space debris from
orbit.
• Ownership issues under Article VIII of the Outer Space Treaty of
1967.
– There are no salvage rights akin to maritime law.
– Questions arise as to when a nation expressly abandons ownership.
• Export control issues could arise from ITAR.
• Intellectual property rights could be implicated resulting in civil
lawsuits.
16. Legal Issues of Space Debris Remediation
(continued)
• Liability and insurance issues will be complicit in space debris
removal
• Still to be defined and relevant to the space debris issue:
– The term “space”
– The term “space debris”
• Unlikely that any of these issues will addressed substantially
in 2012.
– More progress may be made after the outcome over negotiations
of the Code of Conduct is known.
17. Outline of Possible Definition of “Space
Debris”
• “Space Debris”
– is a space object as defined by Article I(d) of the Liability
Convention and Article I(b) of the Registration Convention
– whether re-entering the atmosphere, in Earth orbit, in outer space
or on the Moon or another celestial body,
– which no longer performs its original function or has no tangible
function;
– is either created intentionally or through the actions or inactions
of a launching State;
– may have economic value to a launching State;
– may have historical value to a launching State;
– and/or may have continued national security value to a launching
State.
