AwaitingLaunch_1397728623369

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Sputnik in 1957. However, since the technology was in the nascent stage of development then, the perceptions in regard to space security were probably not yet fully evolved. Nuclear issues being the cornerstone of security in that era, activities in outer space were viewed under the limited nuclear prism. Hence, early proposals with regard to devising a mechanism for space security have a nuclear backdrop. The proposals for prohibiting the use of space for military usage and the placement of Weapons of Mass Destruction (WMD) in space were deliberated in the late 1950s and early 1960s by the UN. Shortly after the launch of the first satellite Sputnik, the UN formulated a Committee on the Peaceful Uses of Outer Space (COPUOS) during 1958-59 to address various issues ranging from international collaboration and research to legal aspects and monitoring the track of objects launched in orbit. Subsequently, five treaty mechanisms were put in place, which address core issues concerning various space matters. They include the Outer Space Treaty (OST, 1967), the Astronaut Rescue Agreement (1968), the Liability Convention (1972), the Registration Convention (1975) and the Moon Agreement (1979). Now, three decades after the last treaty mechanism was put in place, a serious effort has begun to put together a globally accepted formulation to realise space security in the form of the International Space Code of Conduct (CoC). It is likely that this CoC would be put in place shortly with a majority of stakeholders accepting it. As part of the debate to assess the draft of CoC (version September 16, 2013), it could be also useful to compare and contrast it with the already available mechanisms in the space domain. It may not be feasible to undertake an explicit content comparison because most of the available mechanisms are for a specified area and CoC covers a wider canvas. However, it could be useful to appreciate the overall comprehensive approaches behind formulating such mechanisms. Till the 1980s, various treaty mechanisms were formulated to address various issues concerning space technology management. However, all these efforts were inadequate to ban space weapons. OST, which could be viewed as a more compressive space treaty among the group of five, also limits itself, making provisions only to ban the deployment of WMDs in outer space. Hence, post-1980, few serious efforts have been made to bring together various stakeholders on a common platform to debate this issue. One such 76 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities
effort is the resolution about Prevention of an Arms Race in Outer Space (PAROS), which advocates a ban on the weaponisation of space. However, it could be broadly argued that all these efforts have proven to be inadequate to devise any legal regime to ban space weapons. Against the above backdrop, the question is, 'would the current draft under the discussion for CoC (version of September 16, 2013) help to ban the weaponisation of space?' The clear answer is no. However, it is important to note that the process of reaching any consensus on this subject would be a long-drawn process and the issue needs to be addressed in a step-by-step fashion and CoC should be viewed as a one step in that direction. Interestingly, the draft CoC could be viewed as somewhat selective in nature with regard to its faith on existing treaties, conventions and other commitments relating to outer space activities. It is not seeking to reaffirm the commitment in all the important mechanisms available. Amongst the five treaty mechanisms mentioned above, this draft CoC has not taken into cognizance the Moon Agreement (1979). COPUOS has addressed various issues over the years leading to a few important declarations/resolutions. The draft document has not considered reflecting on • • 1982: Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting 1986: Principles Relating to Remote Sensing of the Earth from Outer Space. One probable reason why the Moon treaty is not finding a place in CoC could be because of the differences in perceptions with regard to the issue of the common heritage of mankind (CHM). It needs to be appreciated that in the 21st century, renewed efforts are being made by a few states regarding their Moon agenda. Presently, the reasons for interests in the Moon are not from the Cold War-centric conception of one-upmanship. Hence, this is the appropriate time to debate CHM issues. Unfortunately, the draft CoC has not taken any cognizance of specific issues concerning deep space missions. Also, it appears that the principles concerning the remote sensing satellites could clash with the spy-satellite agendas of a few states and that may be the reason the draft CoC does not promote the 1986 principles in this regard. The draft CoC has not taken any cognizance of specific issues concerning deep space missions. Also, it appears that the principles concerning the remote sensing satellites could clash with the spy-satellite agendas of a few states and that may be the reason the draft CoC does not promote the 1986 principles in this regard. Space Code of Conduct.... Only a Beginning | www.orfonline.org 77
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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
Page 33: egional and global levels in both p
Page 36 and 37: formulated by the EU, is neverthele
Page 38 and 39: "There are some who question the re
Page 40 and 41: encourages a longer view and even f
Page 42 and 43: Commerce The Code is also fundament
Page 44 and 45: These omissions are fortunate becau
Page 46 and 47: mind its behaviour and follow some
Page 48 and 49: The UN has made two guidelines for
Page 50 and 51: any disobedience of the latter will
Page 53 and 54: ICoC: Recommendations for Further E
Page 55 and 56: improving the outer space environme
Page 57 and 58: diminish the ability of any state,
Page 59 and 60: It happened to Us… Ronnie Nader W
Page 61 and 62: Customary International Law: A Trou
Page 63 and 64: elating to the now defunct(EU CoC)
Page 65 and 66: specifically under §§ 5-6 that ar
Page 67: 1.4 Subscription to this Code is op
Page 70 and 71: many years since the treaty's entry
Page 72 and 73: declarations to which the subscribi
Page 74 and 75: of “consensus” in this context
Page 77 and 78: The ICoC: A Starting Point Victoria
Page 79 and 80: Strengths The CoC is being negotiat
Page 81 and 82: 59 defence as recognised in the Cha
Page 83: Space Code of Conduct.... Only a Be
Page 87 and 88: important platform for discussions
Page 89 and 90: Towards A More Responsible Use of O
Page 91 and 92: It was also raised by the author of
Page 93 and 94: d. discussing the implementation of
Page 95 and 96: ICoC and the Right of Self Defence
Page 97 and 98: Difficulties of Verification If it
Page 99 and 100: were conducted under the chairmansh
Page 101: II. Unique Perspectives Unique Pers
Page 104 and 105: the Functioning of the European Uni
Page 106 and 107: countries (as of early 2014) has be
Page 108 and 109: The ICoC Project: A Way to Avoid Mu
Page 110 and 111: Second, Internet looks different fr
Page 112 and 113: The Benefits of an ICoC There are s
Page 114 and 115: the main cyber powers agree on thes
Page 116 and 117: Reference A. Kerrest, “Treaty vs
Page 118 and 119: provides ground-breaking opportunit
Page 120 and 121: 104 scientifically useful orbits to
Page 122 and 123: 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
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objects of human origin in orbit ar
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Non-space faring nations could supp
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“Actively participate in the nego
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Space Situational Awareness In the
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EU Efforts for an ICoC: A Mexican P
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ilateral agreements to prevent or m
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aspects of space activities, and is
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that a successful ICoC could weaken
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ICoC and Sustainable Use of Outer S
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due to the Moon race and the Cold W
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such a way as to avoid the creation
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is said to amount to 20 per cent of
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oosting transparency and confidence
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Conclusion The concept of developin
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eyond disarmament issues. Therefore
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• • • consistently reinforce
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government and private sectors. The
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Debris Environment The space enviro
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preventive steps that might minimis
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and it must be pro-actively involve
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• • • • • The Treaty on P
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development of international rules
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content of ICoC is beyond the compe
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References Becerra, R. (2013). Cien
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epresentatives in order to discuss
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practices and undertaking confidenc
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• Beijing and Russia have categor
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“United Nations Committee on the
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In that regard, efforts that have b
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aim of investing in space technolog
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and, to a different degree, Argenti
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Treaty on Principles Governing the
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use of military personnel for scien
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Article X In order to promote inter
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Depositary Governments. Such withdr
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One of its efforts is to recommend
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Organisations are encouraged to use
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3.5 Operational Phases 3.5.1 Launch
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(3) High-pressure vessels should be
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each the surface of the Earth shoul
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Article I For the purposes of this
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Treaty, which shall: (a) Accept for
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Version16September 2013 DRAFT Inter
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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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