PowerPoint - Legal Citation Form 1 - Case Law.pptx
Outerspace law
1. Space Law?
Body of law applicable to and governing space related activities
meant to regulate relations between states to determine their rights
and duties resulting from all activities directed towards outer space
Space law is an area of the law that encompasses national and
international law governing activities in outer space.
Space law addresses following matters:
Preservation of the space and earth environment
Liability for damages caused by space objects
The settlement of disputes
The sharing of information about potential dangers in outer space
The use of space related technology and international cooperation.
2. Principles of International Space Law
International law applies to outer space
Space is free for use by all countries
Space will be used for peaceful purposes
Space objects must be registered with the UN
The freedom of exploration and use of outer space by all
states without discrimination
3. Five Major International Treaties :
• The Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies, 1967.
• The Agreement on the Rescue of Astronauts, the Return of
Astronauts and the Return of Objects Launched into Outer Space, 1968.
• The Convention on International Liability for Damage Caused by
Space Objects, 1972.
• The Convention on Registration of Objects Launched into Outer Space,
1975.
• The Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies, 1979.
4. Limited Test Ban Treaty 1963
Prohibits nuclear tests or explosions in space, underwater, and atmosphere
US, UK, and USSR original parties
125 countries have signed since 1963
Notably, France and PRC still have not signed
Early development Beginning in 1957, nations began discussing systems to ensure
the peaceful use of outer space. Bilateral discussions between the United States and
USSR in 1958 resulted in the presentation of issues to the UN for debate.
In 1959, the UN created the Committee on the Peaceful Uses of Outer Space
(COPUOS).
Historical Background
5. Agreement on the Rescue and Return of Astronauts 1968
Elaborates principles stated in Article V of Outer Space Treaty of 1967
Astronauts are peaceful envoys of mankind and must be returned safely and
promptly
Recover spacecraft if possible, launching state must pay for recovery
Outer Space Treaty 1967
Broad, general principles, non-binding
Established freedom of access to space
Nations can’t “claim” space or planets
Establishes basic liability for damage caused by manmade space objects
Space is for peaceful purposes only
No space-based weapons of mass destruction
Over 100 countries have signed to include all space capable nations
6. Liability Convention 1972
Created effective rules and procedures governing liability of space objects
(Outer Space Treaty, Articles VI and VII)
Convention provides that a launching State shall be absolutely liable to
pay compensation for damage caused by its space objects on the surface of
the Earth or to aircraft, and liable for damage due to its faults in space.
Claims through diplomatic channels
Cosmos 954/Skylab good examples
Liability Convention, Article VII:
“The provisions of this Convention shall not apply to damage caused by a
space object of a launching State to:
(a) nationals of that launching State;
(b) foreign nationals during such time as they are participating in the operation
of that space object from the time of its launching or at any stage thereafter
until its descent, or during such time as they are in the immediate vicinity of a
planned launching or recovery area as the result of an invitation by that
launching State.”
7. Registration Convention 1975
Requires central registry of space objects with UN to further strengthen
liability convention of 1972
Each state shall provide, as soon as possible: Launching state,
designator number, date and location of launch, basic orbital parameters
and deorbit information
Moon Treaty 1979
Declares Moon and its natural resources to be common heritage of all mankind,
and all countries benefit from exploration, exploitation of moon
Wealth redistribution scheme
Only 4 countries have signed, Only two space powers have signed treaty (India
and France),other 18 countries are party to it.
8. Why Space law is important?
The development and/or strengthening of international
agreements, laws, regulations, and codes related to space
activities is essential to a sustainable space future.
Concerns:
States have considered development of anti-satellite weapons, and Anti Satellite tests
have been conducted by the Soviet Union, the United States, and China. Because
all space systems, whether civil or military, are subject to the threat of damage from
orbital debris, States need to consider what international laws, agreements, or codes
may be needed to protect all space systems.