20 November , 2017 Charles University’s Institute of Political Studies, Prague Security Studies Institute and American Center United Nations and TCBM Yukiko Okumura United Nations Office for Outer Space Affairs United Nations Office at Vienna www.unoosa.org
Outline 1 Intro: What is UNOOSA? 2 TCBM and Registration 3 TCBM and COPUOS 4 TCBM and UNISPACE +50 5 How to read documents
United Nations Office for Outer Space Affairs Unique Roles of UNOOSA Vision Bringing the benefits of space to humankind CAPACITY-BUILDER: UNOOSA brings the benefits of space to humankind by building space capacity of non- space-faring countries. Mission Statement The core business of the Office is GLOBAL FACILITATOR: UNOOSA plays to promote international a leading and facilitating role in the promotion of the peaceful uses of cooperation in the use of outer outer space. space to achieve development. goals GATEWAY TO SPACE: UNOOSA is the main UN agency on space matters and facilitates the coordination of UN activities using space technology to improve lives around the world.
UNOOSA Structure
Space Application Section (SAS) The Office has carried out programs designed to disseminate information and provide training in the practical applications of space technology, in particular for developing countries: - The Program on Space Applications - UN-SPIDER - Secretariat of the International Committee on GNSS
UNOOSA’s Capacity -Building and Outreach • Basic Space Science Initiative Space Weather • Basic Space Technology Initiative Space Technology including Small Satellites, Hands-on Training • Human Space Technology Initiative Kibo-CUBE Project, DropTES, Zero-Gravity Instrument Project • UN-SPIDER • Space Law Capacity Building
Committee, Policy and Legal Affairs (CPLA) 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.
A bit of history…
Governance – Committee on the Peaceful Uses of Outer Space (COPUOS) 1961: Establishment of two Subcommittees Scientific and Technical Subcommittee (STSC) Legal Subcommittee (LSC) Membership to date: 86 member States and 35 organizations with permanent observer status Reports to the Fourth Committee of the General Assembly Adopts an annual resolution on “International cooperation in the peaceful uses of outer space” 9
MEMBER STATES OF COPUOS (10/2017) ALBANIA CHILE IRAQ NIGERIA SUDAN ALGERIA CHINA ISRAEL OMAN SWEDEN ARGENTINA COLOMBIA ITALY PAKISTAN SWITZERLAND AUSTRALIA COSTA RICA JAPAN PERU SYRIA AUSTRIA CUBA JORDAN PHILIPPINES THAILAND ARMENIA CHECHIA KAZAKHSTAN POLAND TUNISIA AZERBAIJAN DENMARK KENYA PORTUGAL TURKEY BAHRAIN ECUADOR LEBANON QATAR UKRAINE BELARUS EL SALVADOR LIBYA REPUBLIC OF KOREA UNITED ARAB EMIRATES BELGIUM EGYPT LUXEMBOURG ROMANIA UNITED KINGDOM BENIN FRANCE MALAYSIA RUSSIAN FEDERATION UNITED STATES OF BOLIVIA GHANA MEXICO SAUDI ARABIA AMERICA BRAZIL GERMANY MONGOLIA SENEGAL URUGUAY BULGARIA GREECE MOROCCO SIERRA LEONE VENEZUELA BURKINA FASO HUNGARY NETHERLANDS SLOVAKIA VIET NAM CAMEROON INDIA NEW ZEALAND SOUTH AFRICA CANADA INDONESIA NICARAGUA SPAIN CHAD IRAN NIGER SRI LANKA Disclaimer: The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
PERMANENT OBSERVERS (10/2017) IGOs NGOs APSCO AARSE AOCRS ASE ARSCAW CEOS COSPAR ESPI CRTEAN EURISY IAA IAASS ESA IAF IAU IIASA ESO IATA IISL ILA EUTELSAT-IGO ISPRS NSS PSIPW ISNET SCOSTEP SGAC SWF IMSO ESF TPS ISU INTERSPUTNIK UNISEC -Global WSWA ITSO Ibero-American Institute of Aeronautics and Space Law and Commercial Aviation
Information exchange through agenda items Space and Space and Disaster Space and sustainable climate change management water development Long-term Space Security Space law and sustainability of UNISPACE+50 policy outer space and TCBMs activities Global Space and Near-Earth Navigation Space objects Satellite weather global health Systems
13 International Space Law One of the biggest achievements of COPUOS was the development of five UN Treaties and five sets of Principles on Outer Space ► Outer Space Treaty , 1967 (106 Ratification / 24 Signatures) ► Rescue Agreement , 1968 (96/23) ► Liability Convention , 1972 (95/19) ► Registration Convention , 1975 (64/3) ► Moon Agreement , 1979 (17/4) ► Declaration of Legal Principles (1963) ► Broadcasting Principles (1982) ► Remote Sensing Principles (1986) ► Nuclear Power Sources Principles (1992) ► Benefits Declaration (1996)
14 Outer Space Treaty Entry into force: 10 October 1967 • Exploration and use of outer space - province of all mankind (Article I) • Principle of non-appropriation (Art. II) • Weapons of mass destruction are prohibited to place in orbit around the Earth, to install on celestial bodies and to station in outer space (Art. IV) • International responsibility for national activities in outer space (Art. VI) • International liability for damage (Art. VII) • Cooperation and mutual assistance (Art. IX)
OST Art. IV ・ Outer space (para.1) WMD prohibit to place in orbit around the Earth, to install on celestial bodies and to station in outer space ・ Moon and other celestial bodies (para.2) shall be used exclusively for peaceful purposes <http://cns.miis.edu/pubs/week/020722.htm>
Fiftieth Anniversary of the OST Panel Discussion The OST: 50 years - looking ahead towards 2030 (COPUOS 60 th Session) • Provided important and valuable insight into the role of the OST over the past 50 years and in the future, giving consideration to the Scientific, technical Policy and Legal Developments in the area of space activities. Draft Declaration on the fiftieth anniversary of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (A/72/20, June 2017) • Urge States to become party to the OST, in particular those States that are members of the COPUOS
Other Soft Law Instruments ► Recommendation on Registration of Space Objects (2007) ► Space Debris Mitigation Guidelines (2007) ► Safety Framework for Nuclear Power Source (1986) ► Long-term Sustainability Guidelines (2018??)
Outline 1 Intro: What is UNOOSA? 2 TCBM and Registration 3 TCBM and COPUOS 4 TCBM and UNISPACE +50 5 How to read documents
Registration of Space Objects: Status
UN Register on Objects Launched into Outer Space • UNOOSA maintains a central register of objects launched into outer space as the only treaty-based TCBM in Outer Space • UNOOSA assists State parties with the identification of space objects • UNOOSA provides data needed for the implementation and application of other treaties Image credit: ESA
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 liable to pay compensation Damage for damage caused by Loss of life, personal injury or other impairment of health; or loss of damage to property of States or of persons, natural or juridical, or property of international intergovernmental organization Space objects its space objects Component parts of a space object as well as its launch vehicle and parts thereof （ OST Art. VII ＆ Liability Convention ）
Liability Framework 2 Dama mage caused by a space obje ject 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 and notoriously difficult to If there is no fault there will be no illegality prove the fault to the act, hence would not be liable
Dispute Settlement Procedures 1 State suffering damage claim compensation to the launching state through diplomatic channels not later than 1 year following the date of the occurrence of the damage (Liability Convention Art.VIII, IX, X) If no settlement within 1 year … The parties concerned shall establish a Claims Commission （ Art. XIV ） Shall give decision no later than 1 year from the establishment （ Art XIX para.3 ）
Dispute Settlement Procedures 2 But what happens if there are multiple launching States? Which launching State should a State suffering damage claim compensation to? The answer is …. whichever • It is thought to be best to select the State which has the ability and which is willing to recompense. • A launching State which has paid compensation for damage shall have the right to present a claim for indemnification to other participants in joint launching （ Liability Convention Art. V ） The treaty aims for speedy procedure in order to save the States suffering damage.
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