Outer Space Law - Coursework Example

Outer Space Law - An Overview Introduction: Among the different branches of international law, outer space law appears to have the distinction of being the most difficult to reach agreement upon or to codify. Everyday activities from telecommunications to financial markets to navigation rely heavily on space infrastructure: Destruction of or damage to such utilities and facilities could cripple whole armies and economies.1 There is a real danger of terrorist groups getting hold of the technical ability to target space-based assets or worse, use space itself as a launching pad for their attacks. To counter/obviate such threats eventualities, some form of military activity in space would be necessary: Further, commercialization and exploitation of extraterrestrial resources may require a 'property interest' to be acquired therein.2 The committees responsible for the peaceful uses of outer space and the laws regarding it The `U. N. Committee on the Peaceful Uses of Outer Space' [COPUOS] is the primary body for the development of principles and legislation in respect of outer space. Its functions include providing parliamentary services and information and advice to and conducting studies for Member States on request in order to facilitate understanding, acceptance and implementation of the international space law agreements. Thus far (as of Jan. 1, 2006) the five under noted treaties and agreements have been adopted by the General Assembly: The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (“the Treaty") entered into force on 10 October 1967. From then it has undergone 98 ratifications and 27 signatures (as of 1 January 2006); The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement”) entered into force on 3 December 1968, 88 ratifications, 25 signatures, and 1 acceptance of rights and obligations. The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty") entered into force on 10 October 1967, 98 ratifications and 27 signatures; The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement entered into force on 3 December 1968, 88 ratifications, 25 signatures, and 1 acceptance of rights and obligations; The Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention" entered into force on 1 September 1972, 83 ratifications, 25 signatures, and 3 acceptances of rights and obligations. The 'Treaty’ contains the legal framework of space law and bars States Parties from placing nuclear weapons or any weapons of mass destruction (wmd`s) in orbit or to otherwise station them in outer space. It also limits the use of celestial bodies to peaceful purposes [Art. IV] and [Art II] states that outer space is not subject to appropriation by claim of sovereignty thus codifying the principle of ` res communis', i e exclusion of celestial bodies from private property rights in the way the law of the sea prevents anyone owning the sea.1 [In this connection please refer D. Walter`s essay ‘An International Law Perspective On Common Security In Outer Space' where he argues that if pursued unilaterally, a multilayered defense missile system with space-based interceptors would violate two important precepts of the treaty - the `peaceful purpose' and the `mankind' clause].1 Article VI of the Treaty deals with international responsibility of States for acts of their non-government entities and lays down inter alia that the activities of such entities in outer space shall require authorization and continuing supervision by the concerned State. In the present context, there is no gain saying the fact that early formulation and implementation of appropriate and effective systems, rules and procedures pertaining to issues such as disaster management registration of space objects, litigation, intellectual property rights (including inventions in outer space) and space travel is of the utmost importance. The treaties and agreements regarding the peaceful usage of outer space The committee regarding the peaceful use of outer space is only on in international arena. Five international legal instruments and another five sets of legal principles were concluded by the committee of United Nations Office for Outer Space Affairs. 2 The five treaties and principles involved are as following In 1966 the legal sub committee of UNOOSA considered the outer space treaty and an agreement was reached by UN general assembly. The resolution number was 2222(xxi) It was largely based on the declaration of legal principles of governing the activities of states in the exploration and use of outer space. This also was adopted by general assembly in resolution number 1962. The Russian, United Kingdom and United States Governments in January 1967 treated as depository states opened the treaty for the signing. The treaty was brought into force in 1967. It laid a basis for the frame work regarding international space law that includes the following principles. The exploration of the outer space must be conducted for the common benefit of all the countries on the earth. This must be in the interests of the mankind. The outer space is not considered for occupation and it is free for exploration by all the states. No nation can appropriate the outer space nor it can claim sovereignty. It is a common property of all the nations in the world. Any nation is not authorized to place any type of weapons particularly nuclear weapons and other weapons of mass destruction in the outer space for the defense or offensive purposes. The celestial bodies in the outer space like moon and other planets or any substance available in it can be used only for peaceful purposes. The astronauts sent by different states shall be considered as the envoys of the mankind. Every national government is responsible for the activities its space agencies. The government must be accountable for the governmental and non governmental activities carried out by the organization belonging to that particular country. The states will be responsible for the damages that are caused by their space crafts or satellites for property of any other country. The government of the particular country will be responsible for the contamination occurred if any by the space craft or satellites. The rescue agreement regarding astronauts was negotiated by legal sub committee of UNOOSA. The discussions have undergone between 1962 and 1967.1 Resulution 2345 (xxii) was passed to reach an agreement regarding the rescue operations of the astronauts. It was brought into force from 1968. The purpose of the agreement was to elaborate the elements of the articles 5th and 8th of the outer space treaty. This provides the clause that makes the states to take all possible steps to rescue and assist astronauts in distress and for making them enable to return to launching state. All states who signed on this agreement shall provide assistance to the launching state to bring its astronauts home in case of crisis. This made the cooperation between USA and Russia regarding the international space station possible. This cooperation increased the life time of the ISS and even in 2006 December NASA launched a space shuttle to plant astronauts in ISS. The following principles are guiding the international community regarding the outer space exploration and usage:2 The space exploration should be explored by the inspiration of the prospects that open before mankind. The exploration must take into consideration the common good of the mankind on the earth. The exploration of the space must be done for the betterment of the mankind. It should benefit all states irrespective of their economic achievements and scientific standards. The broad international cooperation in the scientific and legal aspects must be taken into consideration for use of outer space for any peaceful purposes. The exploration of the outer space shall contribute to international co operation in scientific and legal aspects. This type of exploration of outer space should be capable of developing the mutual understanding and strengthening of friendly relations between countries and their population. The condemnation of propaganda to provoke or incite any threat to the peace, act of aggression are included in resolution 110(ii) of 1947. The principles of the resolution were applied to that of outer space. The above mentioned principles were incorporated in 1721 (xvi) of 1961 and 1802 (xvii) of 1962 were adopted unanimously by the member states. According to the above resolutions there are some guidelines regarding the use of outer space. The exploration of the outerspace should not threaten the mankind regarding the pollution or by damaging the benefits and interests. The outer space and the celestial bodies present are available for any state. The law of equality was being observed internationally. Any nation’s act that explores outer space causing any pollution to the atmosphere can be termed as illegal. No nation should claim sovereignty on the outerspace. The declaration of sovereignty will result in positioning the weapons in the space thus bringing a threat to the international community. The states that carry out exploration must abide to the international law that is framed by united nations. This law was according to the charter of United Nations. This is meant for maintaining the international peace and the same charter results in the international law that guides the exploration of outer space towards peaceful purposes. 1 The signatory states must take responsibility for the activities carried by the agencies of the government or non governmental agencies. It is the duty of the government of the signatory state to monitor the activities of the space agencies and non governmental agencies regarding the space exploration. The non governmental authorities must take authorization from the government to conduct activities regarding the exploration of space. The mutual assistance and cooperation must be the underlying principle of the activities of the member states that are exploring the space. If the government decides that the exploration activity of its agency or non governmental agency is a threat to atmosphere and mankind, it should stop that activity. The signatory state will also have the right to consult the United Nations committee and that state government if it feels that the activity of that state is a potential threat to it. The states must and should claim control, responsibility along with the jurisdiction of the object sent into space. The personnel and the machinery in the outer space will come under its jurisdictions. Thought the outer space is not the property of any state, the objects and personnel sent by a state belong to that state only. The passage of the objects and personnel to the outer space does not result in loosing the nationality of theirs or the sovereignty of the state. If the parts of the object or the personnel found in any part of the earth or space by another country must be returned to the country in which they are registered. It is the duty of the finding state and the responsibility of the registered state. Along with the rights the responsibilities also were stressed in the principles. The states launch the space craft utilizing its rights regarding the exploration of outer space. If any damage occurs due to the launched object to any other state, the launching state must take complete responsibility for the damage done to that state. The threats regarding the exploration of outer space It is now generally accepted that (particularly) in view of the real danger of sophisticated / advanced WMD’s / technology falling into wrong hands, some military use of outer space is unavoidable; of course, with strict control and safeguards: And to ensure / facilitate, inter alia, responsible use of such military activities / methods, it is necessary to establish a World Space Organization.1 In this connection, please also refer the Article ‘Peaceful and Military Uses of Outer Space: Law and Policy’ (Institute of Air and Space Law, Faculty of Law, Mcgill University, Montreal2 Interestingly and instructively air and Outer Space have been “portrayed as paradigms for cyberspace areas of excitement (and boredom), commercial opportunity, political opportunism, danger, international conflict and global rulemaking” of varying effectiveness.3 Taken together, if their sophisticated and advanced technology falls into wrong hands, the danger to world peace multiplies: John F. Kennedy’s declaration way back in 1960 that ‘we stand at the edge of a New Frontier’ is applicable again today.1 Restraints on the part of each and every nation are of the essence. Recently, disturbing statements in this regard have been emanating from the Bush Administration - notably the one that says that President Bush has signed a new National Space Policy that rejects future arms-control agreements that might affect U.S. flexibility in space to deal with elements ‘hostile to U.S. interests’; and further: ‘Freedom of action in space is as important to the United States as air power and sea power.” “The long arm of the law is (veritably) starting to reach into outer space” 2but there are miles to go before the myriad of issues testing the intellects, wills and so-called national interests – of the committee of nations is resolved. The matter had better be addressed quickly before disasters – akin to, but much more lethal than 9/11 - start striking. Orbital Debris The ever-increasing activities in outer space are a cause for concern on the issue of orbiting debris as well.3 This aspect has not been `addressed explicitly' in current international law.4 The only three agreements in force having relevance to this issue are: (i) The Treaty; (ii) The Convention on International Liability for Damage Caused by space objects, Sept 1, 1972 ( the Liability Convention) and (iii) The Convention on Registration of Objects Launched Into Outer Space, Sept 15,1976 (the Registration Convention). In the Treaty, three Articles are relevant: according to Article VI, the Party States shall bear international responsibility for ‘national’ activities in outer space. Under Article VII, Party States are liable for damages caused by objects or parts thereof that they have launched into space; and Article IX permits States that have reason to believe that a proposed activity is likely to cause harm to their space activities to “request consultation” with regard to the activity. As regards the Liability Convention, it renders States liable for damage caused in space to an object of another entity or to persons or property on board such an object but only if the damage is due to its fault (vicarious responsibility included) The Registration Convention on the other hand provides information for use in determining the liability by laying down that all launching States notify the UN of such objects they launch including the orbital parameters of the object. Article VI of the Convention requires nations with monitoring or tracking facilities to assist in the identification of space objects that cause damage. These treaties, however do not address several key issues such as (a) the need for measures to reduce the creation of new debris (b) how to ascertain the ownership or responsibility in respect of the debris of objects that are not catalogued and (c) how can space debris or space objects be legally defined.* Interestingly, the only country known to this writer that has a mandatory law on the issue is the Russian Federation whose ‘Law on Space provides vide Section 1, Article 4, Paragraph 2 that “For the purpose of ensuring safety in the Russian Federation the following are forbidden; harmful pollution of space, leading to unfavorable environmental changes including intentional destruction of space objects in space.” This however can only be called a humble beginning. There is a pressing need for all countries to follow - may surpass – the example set by the Russians. The fact that comes to fore when we think about debris is that the space activities in earth orbit are increasingly important to the present civilization. The spacecrafts that orbit around the earth are serving in the vital fields and are playing important roles. These spacecraft will have valuable resources to serve the mankind. Satellites and spacecrafts will share the environment of outer space. The functional spacecraft will share low earth orbit, which contain natural meteoroids and the orbital debris that contains the remnants of the functional satellites of the past.1 The meteoroids will share low earth orbit and they will orbit the sun. Majority of them will burn up in the earth’s atmosphere when try to enter earth’s atmosphere. The case of the satellite debris is different. Once a satellite leaves the debris in the orbit, it will remain in the orbit until atmosphere drags it and makes it decay. This takes a long time. The reason is the meteoroids will orbit the sun and the satellite debris will orbit the earth. This difference makes the satellite orbit to take long time to perish. Another fact is that the atmosphere drag is as much less at that level that the debris may remain there for tens to thousands of years. Though in very rare cases, the uncontrolled entry of the debris of the satellites will pose serious and hazardous problems on the earth’s surface and to the earth’s atmosphere. To control the negative effects of the orbital debris or to minimize their effect, lot of data has been acquired on the cataloged population of debris and objects. Even this amounts to only a small fraction of the debris that was present in the orbit. Uncertainty exists regarding the complete knowledge about the orbital debris. This poses uncertainty in making an international law to control or remove the debris in the low earth orbit. To frame a law the population of total orbital debris population must be known along with the size and mass of the particles present in it. The above mentioned information will enable the law makers and drafters to define the debris accurately and the methods that involve different technology in removing them. The technology that involves in removing the debris requires information about the debris and no country is in a mood to provide complete information about its role in the debris. This is due to the fear about the amount burden regarding the finance for acquiring and implementing the technology to remove the debris. The budget that is required for clearing debris must be shared by every country, which benefited by using the space technology and information. Till now no country in the world provided the complete information about the debris regarding their satellites in the orbit. Now coming to the cataloged population of debris some concentration of the debris in geo synchronous orbit and low earth orbits. The densities of the debris at various altitudes were depicted. This cannot be considered as enough as it does not represent the real concentration. According to the catalogued debris the concentrations are at the altitudes of 2000km, 20,000km and at 36000km of GEO. Kaman sciences corporation, a US based company prepared a US space command satellite catalog. The population of the debris entering the atmosphere is increasing year by year due to the augmentation of the debris from the higher altitude orbits. The debris in the higher altitudes will have higher orbital velocity. The main problem regarding the debris collision is that the debris that is revolving at same altitude and at same inclination to earth have more chance to collide and will be responsible to make more debris. This type of debris consists of rocket bodies, mission related debris, fragmentation debris. These above mentioned substances will have same type of inclination and same altitude while revolving. Adding to the owes there comes the context of increase in the debris with more pace. The reason is the ever increasing information needs and the increasing number of communication constellation of satellites in Low earth orbit. These satellites were being launched from early 90s. The inclinations of US space craft and the space craft of the common wealth of independent states have 10 degrees difference. These inclinations will vary with time and the mass of the substance in the debris. The space craft that maintain 0 degrees inclination and which remain stationary above the space are less harmful than the others as they remain stationary above a given longitude value. There is a chance of estimating the concentration of debris at particular points after a period of time. This estimation will enable the law makers to make necessary amendments according to these estimations for the future course of action. Along with the gravitational perturbations of the moon and sun the ellipticity near the earth’s equator will cause debris in GEO to drift away from their longitudinal position. This makes them to concentrate at a nearest stable position at approximately 75 degrees position. This information can be used to avoid the satellites and spacecrafts orbiting the earth at that position. When we calculate the part of the objects that are not catalogued, they increase with increase of altitude. According to estimation the uncataloged debris is more than cataloged debris. The information of the debris will be less known as the size of the substances in the debris decreases. There is more information about larger size debris then the medium size debris. The information about the medium size debris is more than the smaller size debris. The technical reason for this is that, it is easy to detect the larger objects than the smaller objects. It was found that the medium sized debris and larger sized debris can be found at the same altitude. The reason is that they settle in a stable orbit more probably at 75 degrees longitude to earth in more or less period. The medium object may take less time than the larger orbit, but the point of concentration is same. These things also are capable of posing a threat to the environment by making particular inclination in space unsafe for the orbiting satellites. Assessment and prediction of Damage: Observing the impacts of the debris in space, testing of hyper velocity testing and analytical computer simulation studies were considered as the principal methods in assessing and predicting the damage caused to space to space craft by debris. The practical evaluation of the damage caused by medium and large sized debris to the space craft is not possible. So the large part of the analysis regarding it will depend on the numerical analysis. This is done by experimentally testing and analyzing the numerical methods. There are some laboratory testing methods also for estimating and predicting the damage that can be done by debris to the space crafts. The ground based hyper velocity testing is one of them. The effects of the orbital debris impact on spacecraft component performance, reliability and survivability can be estimated. The capacities and performance of impact damage mitigation techniques like shielding and shuttering can be decided. The amount of the orbital debris created in collision induced breakups of spacecraft and rocket bodies can be estimated. All the above estimations were done by hyper velocity impact testing. This testing provides a base to calculate the durability of the components of the aircraft, sub systems, probability of survival of the space craft in the space. The reason for using this type of testing is that it is difficult to build entire testing system in the space. Though some experiments regarding the debris and its impact were being conducted in international space station and that data will be analyzed on earth. From the above discussion it was clear that the orbital debris poses a potential thereat to the spacecraft in the orbit around the earth. Along with the measures taken and laws enacted more should be followed to reduce the effect of it. Instead of trying to reduce the orbital debris the efforts of the international community were limited to the avoid the major increase. This is making the debris ever increasing. This type of situation in the international community will result in a hazard of debris population in the orbits of outer space. The dealing and study of the outer space orbital debris may be a specialized subject to study in the future. Now the scientific community is focusing on the design of the spacecraft that can leave minimum amount of debris when rendered useless, that is after its lifetime was over.1 This research must include various aspects of minimizing or avoiding the impact of debris on the spacecraft. One of the design is that, the space craft can enter the atmosphere of earth and can be guided into the ocean after its expiry. This type of technology was developed long ago but currently various countries are using the satellites more than the estimated life time. This type of actions will result in sudden death of the satellite and the chance of guiding its annihilation will be lost. In the past it is due to lack of awareness regarding threat of debris and due to the limited use of spacecraft the management of debris was not a subject of consideration. The increasing need of the orbiting satellites and the availability of analytic and experimental tools to quantify the threat is making the exploring of the different designs possible. The designs of the spacecraft that can withstand the impact of debris are capable of increasing the orbital debris threat in future. This poses a serious environmental threat in future and still more study and efforts will be needed in the coming years to cope with the threat. The catalogued orbital debris gradually increased from 1967.This indicates that the un cataloged debris also increased in same proportion or more than it. The adding of the debris will be due to mission related debris and rocket bodies associated with those spacecraft, and the fragments caused by the breaking of objects in the space. Till date 15,000 objects in the debris were cataloged. A natural phenomenon of 11 year solar activity cycle caused the loss of the catalogued to outnumber the increases. This phenomenon is possible only once in every 11 years. For the next ten years there will be a continuous increase in the debris and this makes the exploring the ways of reducing it necessary and need. The current need is to balance between the loss of debris to increase of debris. The amount of debris that is possibly added in 10 years must be equal to the loss of the debris due to the 11 year solar activity cycle. References: 1. Committee on Space Debris, National Research Council, Orbital debris, 1995, The national academies or press 2. Committee on space debris, national research council, orbital debris, 1995, the national academies of press, http://www.nap.edu/catalog/4765.html 3. Committee on space debris, national research council, orbital debris, 1995, the national academies of press, http://fermat.nap.edu/openbook.php?record_id=4765&page=119 4. Committee on space debris, national research council, orbital debris, 1995, the national academies of press, http://fermat.nap.edu/openbook.php?record_id=4765&page=157 5. UNOOSA team, United Nations office for outer space affairs, United nations treaties and principles on space law, 2006, http://www.unoosa.org/oosa/SpaceLaw/treaties.html 6. UNOOSA Committee, The first treaty concluded by the committee, UNOOSA, 2006, http://www.unoosa.org/oosa/SpaceLaw/outerspt.html 7. UNOOSA committee, Agreement on the rescue of astronauts, return of astronauts, and the return of the objects launched into outer space, United Nations Office for Outer Space Affairs, 2006, http://www.unoosa.org/oosa/SpaceLaw/rescue.html 8. UNOOSA committee, Declaration of legal principles governing the activities of the states,in the exploration and the use of outer space, UNOOSA, 2006, http://www.unoosa.org/oosa/SpaceLaw/lpos.html 9. Space: Problem of Law and Policy’ (Softback)[Reynolds – 1997 10. Orbital Debris: A technical Assessment (1995); The National Academies Press 27-11-06 Read More