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An Introduction to the Questionnaire on Small Satellites of the Legal Subcommittee Yukiko Okumura 13 December , 2017 United Nations/ South Africa Symposium on Basic Space T echnology UNOOSA Structure Committee, Poli licy and Le Legal

  1. An Introduction to the Questionnaire on Small Satellites of the Legal Subcommittee Yukiko Okumura 13 December , 2017 United Nations/ South Africa Symposium on Basic Space T echnology

  2. UNOOSA Structure

  3. Committee, Poli licy and Le Legal Affairs (C (CPLA LA) CPLA provides substantive secretariat services to the Committee on the Peaceful Uses of Outer Space (COPUOS) , its Scientific and Technical Subcommittee and Legal Subcommittee and related working groups.

  4. Committee on the Peaceful Uses of Outer Space • UN committee reviews peaceful use of outer space, encourages space research programmes, and studies legal issues arising from exploration of space • COPUOS has created 5 treaties and 5 principles of outer space • The Committee's membership has continued to expand ( 87 members representing over 6 billion people ) 1959: COPUOS established by Resolution 1472 • Two subcommittees: Scientific and (XIV). Technical and Legal It has expanded the number of members from Subcommittees 1959: 24 2018: 87.

  5. Scientific and Technical Subcommittee (STSC) and Legal Subcommittee (LSC) The Scientific and Technical Subcommittee (STSC) considers questions related to the scientific and technical aspects of space activities. Topics for discussion include space weather , near-Earth objects , the use of space technology for socioeconomic development , and for disaster management support , global navigation satellite systems , and the long-term sustainability of outer space activities. The Legal Subcommittee (LSC) considers legal questions related to the exploration and use of outer space. Topics include the status and application of the five United Nations treaties on outer space , the definition and delimitation of outer space, national space legislation, legal mechanisms relating to space debris mitigation , and international mechanisms for cooperation in the peaceful exploration and use of outer space

  6. Agenda items considered Space and Space and Disaster Space and sustainable climate change management water development Long-term Space law and sustainability of Small Satellites UNISPACE+50 policy outer space activities Global Space and Near-Earth Navigation Space objects Satellite weather global health Systems

  7. Annual Cycle of COPUOS STSC A/RES/72/XX COPUOS (29 Jan- 9 Feb, 2018) LSC “International (20-29 June, 2018) (9-20 Apr, 2018) cooperation in the Delegates Agenda Items peaceful uses of 87 mS 1. General exchange of views outer space” 2. Info on activities of intl organizations 3. Status and application of the 5 UN treaties Report: A/73/XX 4. Definition/delimitation of outer space +GSO 5. National legislation 6. Capacity-building in space law 7. Use of nuclear power sources 8.Space debris mitigation 9.Non-legally binding Instruments 10.Space traffic Management 11.Application of Intl law to small satellites activities 12.Space resources 13.Draft provisional agenda Fourth Committee All UN MS of the General Assembly General Assembly (October, 2018) (Dec, 2018)

  8. Consideration in the LSC • In 2016, LSC begun its consideration of “ General exchange of views on the application of international law to small satellites activities ”. • To provide valuable opportunities for addressing a number of topical issues relating to international and national policy and regulation measures regarding the use of small satellites by various actors.

  9. Questionnaire • In 2016, LSC requested the Secretariat to prepare a questionnaire containing a set of questions addressing the practice of the development and use of small satellites, as well as policy and legal aspects of their use. • The Secretariat presented the draft questionnaire on small-satellite activities during 2017 session and was considered under the Working Group on the status and application of the five United Nations treaties on outer space • Adopted by the LSC in 2017 (A/AC.105/1122).

  10. 6 areas of questions 1. Overview of small satellites activities 2. Licensing and authorization 3. Responsibility and liability 4. Launching State and liability 5. Registration 6. Space debris mitigation in the context of small- satellite activities The intention of the questionnaire is to raise awareness among member States by drafting the reply

  11. 1. Overview of small-satellites activities 1.1 Are small satellites serving the needs of your society? Has your country determined whether small satellites could serve an identified technological or development need? 1.2 Is your country involved in small-satellite activities such as designing, manufacturing, launching and operating? If so, please list projects, as appropriate. If not, are there future plans to do so? 1.3 Which kind of entity in your country is carrying out small-satellite activities? 1.4 Is there a focal point in your country responsible for coordinating small- satellite activities as part of your national space activities? 1.5 Are small-satellite activities carried out in the framework of international cooperation agreements? If so, what type of provisions specific to small- satellite activities are included in such cooperation agreements?

  12. 2.Licensing and authorization 2 Do you have a legal or regulatory framework to supervise any aspect of small-satellite activities in your country? If so, are they general acts or specific rules? Many states do not have regulation or rules in licensing satellites. Moreover, they may even not have national space legislation. Therefore it is difficult to authorize and continuously supervise small satellites activities.

  13. 3.Responsibility and liability 3.1 Are there new challenges for responsibility and liability in view of small- satellite activities? 3.2 How are liability and insurance requirements enforced on an operator in your country, for a small satellite under your country’s responsibility, in the event that “damage” occurs on the surface of Earth, to aircraft in flight or to another space object in orbit? Since small satellites nowadays can be launched with low cost, many universities or NGOs are involved in small satellites activity. However, if these satellites causes damage, regardless of their size, the launching State will be liable under the Liability Convention. Therefore, it is important to know that all satellite operators recognize potential liability and assure measurements for compensation.

  14. Liability Framework 1 A launching state shall be Launching State 1 State which launches a space object 2 State which procures the launching of a space object 3 State from whose territory a space object is launched 4 State from whose facility a space object is launched Damage liable to pay compensation Loss of life, personal injury or other impairment of for damage caused by health; or loss of damage to property of States or of persons, natural or juridical, or property of international intergovernmental organization its space objects Space objects （ OST Art. VII ＆ Liability Component parts of a space object as well as its Convention ） launch vehicle and parts thereof

  15. Liability Framework 2 Damage caused by a space object Damage in surface of the Earth Damage in outer space absolute liability liability （ Liability Convention Art.II ） （ Liability Convention Art. III ） Space activities are beneficial, however... Both parties acknowledge the risk of space activities. ・ incorporates ultra-hazardous activities Due diligences is required. ・ might cause great damage ・ requires knowledge of the space technology If there is no fault there will be no illegality to the and notoriously difficult to prove the fault act.

  16. 4.Launching State and liability 4.1 Since small satellites are not always deployed into orbit with dedicated rockets as in the case of larger satellites, there is a need for clarification in the understanding of the definition of “launch” . When a launch of a small satellite requires two steps — first, launching from a site to an orbit and, second, deploying the small satellite to another orbit — in your view, would the first step be regarded as the “launch” within the meaning of the United Nations treaties on outer space? 4.2 Do you think that the current international regulatory regime is sufficient to regulate operators of small satellites or that there should be a new or different international regulatory approach to address operations of small satellites? Small satellites are not always deployed into orbit with rockets as in the case of big satellites. Therefore there may arise problems in finding a country suitable for “procuring the launch”. I n terms of liability, it may be difficult to find the country liable when an incident has occurred.

  17. 5.Registration 5 Does your country have a practice of registering small satellites? If so, does your country have a practice of updating the status of small satellites? Is there any legislation or regulation in your country that requires non-governmental entities to submit to the Government information for the purpose of registration, including updating of the status of small satellites they operate? Under the Registration Convention, states must register space objects regardless of their size. However, registration to the UN is done in a “timely manner”, hence the status of the small satellites are not changed or sometimes never registered due to their relatively short life time.

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