AwaitingLaunch_1397728623369

The international recognition of these rights by recording frequency
assignments (i.e. orbital positions used or intended to be used in the
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Master International Frequency Register).
If these rules were strictly adhered to, there would have been no need for the
Code of Conduct to call for the improved adherence to and strict
implementation of the ITU regulations. But that is not so because with
increased demand for satellite services, which result in increased demand for
orbital slots, various unethical behaviours have emerged in the international
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satellite network registration. Some of these unethical behaviours include
the problems of over-filing (paper satellites), undermining the coordination
process, using floaters to bypass deadlines, giving satellites a 50-year life-span
during registration instead of 15 years and the growing secondary markets
for orbital rights.
In the light of the above, the call for the improved adherence to the ITU
regulations by the Code of Conduct without calling for a review of the
regulation to correct the current unethical practices and empower the Union
to enforce its regulations is not likely to change anything. This is because
'good will' alone is not sufficient to stop operators from circumventing the
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regulations. Without the hope of such a review in the near future, the call
by the Code of Conduct for improved adherence is not sufficient. At best, it
would amount to a non-binding Code of Conduct calling for an improved
adherence to a non-binding ITU Regulation which amounts to an appeal to
“good reason only,” a requirement that has already failed.
Lastly, reading the Code of Conduct together, it displays a comprehensive
approach to all avenues of preventing the creation of space debris; it
embraces debris mitigation, prevention of harmful interference with space
activities, and also covers weapons in outer space to the extent that they lead
to space debris and harmful interference without banning ground-based
weapons. The Code reinstated the inherent right of self-defence along the
lines of Article 51 of the United Nation Charter. Furthermore, it aims at the
prevention of outer space becoming an area of conflict, without touching on
arms control. The Code calls for space situational awareness and better
adherence to the ITU regulation. It further makes provision on the
notification of outer space activities, registration of space objects,
information on outer space policies, executive measures, notification of outer
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space activities and information on outer space activities with the aim of
152 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities