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and it must be pro-actively involved in the development efforts of an international code of conduct on outer space activities. India is uniquely positioned as a developing nation to lead and be a balancing voice to bring about a stronger foundation for its own programme along with being a part of a more widely accepted international code. 168 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities
ICoC: Perspectives from Latin America and the Caribbean Roberto Becerra and Romina Acevedo Introduction According to Yaw OtuMankantaNyampong (2012), the legal framework for the activities of states in outer space is classified as follows: • • • International Space Law. Branch of the international law mainly consisting of the five outer space treaties of the United Nations, General international law, conventional and customary law, general principles, legal decisions and analyses of legal experts from different nations, New category of guidelines or "soft law", principles and codes of conduct - they are not binding on states (similar to the Code of Conduct for Outer Space Activities, presented by the EU). From the point of view of international space law (treaties and binding rules), the Committee on the Peaceful Uses of Outer Space (COPUOS, hereafter the Committee), through the Legal Subcommittee, has played a leading role in the progressive development and codification of this legal branch, becoming the focal point for international cooperation and for the establishment of rules of peaceful conduct for states in outer space. Its main contributions include: Without judging the actions of some space actors, it is obvious that the current international regime in outer space needs to be broadened and modified, as well as incorporate new regulations that address the problem of space debris and unequal access to the geostationary orbit, to mention just two aspects of the list of critical issues that threaten activities of states in outer space. ICoC: Perspectives from Latin America and the Caribbean | www.orfonline.org 169
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AWAITING LAUNCH: PERSPECTIVES ON TH
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Contents Preface About the Authors
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IV. ICoC: Perspectives from Latin A
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and done with the purpose of evolvi
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subscribed and those that have not.
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Geneva, Switzerland. Prior to joini
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Institute of Space Law (IISL), and
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George Washington University (Washi
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Dr. Gayya Habila Umaru is a space l
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Dr. Solomon Belay Tessema is Direct
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IMSO ISEF ISO ITSO ITU LEO LTSS MEO
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ICoC and Long-Term Sustainability o
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Meteorological Satellites (CGMS) fo
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guidelines by the end of 2014. The
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egional and global levels in both p
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formulated by the EU, is neverthele
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"There are some who question the re
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encourages a longer view and even f
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Commerce The Code is also fundament
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These omissions are fortunate becau
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mind its behaviour and follow some
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The UN has made two guidelines for
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any disobedience of the latter will
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ICoC: Recommendations for Further E
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improving the outer space environme
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diminish the ability of any state,
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It happened to Us… Ronnie Nader W
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Customary International Law: A Trou
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elating to the now defunct(EU CoC)
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specifically under §§ 5-6 that ar
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1.4 Subscription to this Code is op
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many years since the treaty's entry
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declarations to which the subscribi
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of “consensus” in this context
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The ICoC: A Starting Point Victoria
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Strengths The CoC is being negotiat
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59 defence as recognised in the Cha
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Space Code of Conduct.... Only a Be
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effort is the resolution about Prev
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important platform for discussions
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Towards A More Responsible Use of O
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It was also raised by the author of
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d. discussing the implementation of
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ICoC and the Right of Self Defence
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Difficulties of Verification If it
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were conducted under the chairmansh
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II. Unique Perspectives Unique Pers
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the Functioning of the European Uni
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countries (as of early 2014) has be
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The ICoC Project: A Way to Avoid Mu
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Second, Internet looks different fr
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The Benefits of an ICoC There are s
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the main cyber powers agree on thes
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Reference A. Kerrest, “Treaty vs
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provides ground-breaking opportunit
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104 scientifically useful orbits to
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Reference Argoun, Mohamed B., 2012.
Page 125 and 126: ICoC for Outer Space Activities: An
Page 127 and 128: Addressing Challenges in Space thro
Page 129 and 130: Making the International Code of Co
Page 131 and 132: of negotiations and creating more i
Page 133: III. Regional Views Regional Views
Page 136 and 137: objects of human origin in orbit ar
Page 138 and 139: Non-space faring nations could supp
Page 140 and 141: “Actively participate in the nego
Page 142 and 143: Space Situational Awareness In the
Page 145 and 146: EU Efforts for an ICoC: A Mexican P
Page 147 and 148: ilateral agreements to prevent or m
Page 149 and 150: aspects of space activities, and is
Page 151 and 152: that a successful ICoC could weaken
Page 153 and 154: ICoC and Sustainable Use of Outer S
Page 155 and 156: due to the Moon race and the Cold W
Page 157 and 158: such a way as to avoid the creation
Page 159 and 160: is said to amount to 20 per cent of
Page 161 and 162: oosting transparency and confidence
Page 163: Conclusion The concept of developin
Page 166 and 167: eyond disarmament issues. Therefore
Page 168 and 169: • • • consistently reinforce
Page 170 and 171: government and private sectors. The
Page 172 and 173: Debris Environment The space enviro
Page 174 and 175: preventive steps that might minimis
Page 178 and 179: • • • • • The Treaty on P
Page 180 and 181: development of international rules
Page 182 and 183: content of ICoC is beyond the compe
Page 184 and 185: References Becerra, R. (2013). Cien
Page 186 and 187: epresentatives in order to discuss
Page 188 and 189: practices and undertaking confidenc
Page 190 and 191: • Beijing and Russia have categor
Page 192 and 193: “United Nations Committee on the
Page 194 and 195: In that regard, efforts that have b
Page 196 and 197: aim of investing in space technolog
Page 198 and 199: and, to a different degree, Argenti
Page 201 and 202: Treaty on Principles Governing the
Page 203 and 204: use of military personnel for scien
Page 205 and 206: Article X In order to promote inter
Page 207 and 208: Depositary Governments. Such withdr
Page 209 and 210: One of its efforts is to recommend
Page 211 and 212: Organisations are encouraged to use
Page 213 and 214: 3.5 Operational Phases 3.5.1 Launch
Page 215 and 216: (3) High-pressure vessels should be
Page 217 and 218: each the surface of the Earth shoul
Page 219 and 220: Article I For the purposes of this
Page 221 and 222: Treaty, which shall: (a) Accept for
Page 223 and 224: Version16September 2013 DRAFT Inter
Page 225 and 226: and global security and stability,a
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• the Space Debris Mitigation Gui
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5.2. The Subscribing States resolve
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• • • • • The Subscribing
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9.2. The Subscribing States resolve
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Noting the constructive debates tha
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V. Endnotes Endnotes | www.orfonlin
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20. http://en.wikipedia.org/wiki/Ke
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law are not good. However, if both
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ActaAstronauticaVol. 71, 2012, pp.1
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132. The two monographs referenced
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at:http://www.esa.int/esapub/sp/sp1
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http://www.bbc.co.uk/news/world-lat
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