Proceedings of the Workshop - United Nations Office for Outer ...

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6provide for the application of international lawand the promotion of international cooperationand understanding in space activities, thedissemination and exchange of informationthrough transnational direct televisionbroadcasting via satellite and the sharing of dataand information from satellite observations ofEarth’s resources, and general standardsregulating the safe use of nuclear power sourcesnecessary for the exploration and use of outerspace.4. The Committee on the Peaceful Uses of OuterSpace and its Legal Subcommittee are currentlyconsidering the question of the review andpossible revision of the principles relevant to theuse of nuclear power sources in outer space;matters relating to the definition and delimitationof outer space and to the character and utilizationof the geostationary orbit, includingconsideration of ways and means to ensure therational and equitable use of the geostationaryorbit, without prejudice to the role of ITU; and areview of the status of the five international legalinstruments governing outer space. It isimportant to highlight the developments indealing with some of these topics, for examplerelative to the geostationary orbit, in the light ofthe recommendations by UNISPACE 82, thathave been reflected in legal instrumentsdeveloped in other bodies in the United Nationssystem. This is true for ITU with regard to theimplementation of guaranteed equitable access inaccordance with what has been established ininternational conferences and in the constitutionand norms of ITU. It is also true for the progressthat has been made in studying the topics on thebasis of recent proposals and agreements in theCommittee on the Peaceful Uses of Outer Space,in particular on the statement that theof 10 December 1982; the Principles Relating to RemoteSensing of the Earth from Outer Space, resolution41/65, annex, of 3 December 1986; the PrinciplesRelevant to the Use of Nuclear Power Sources in OuterSpace, resolution 47/68 of 14 December 1992; and theDeclaration on International Cooperation in theExploration and Use of Outer Space for the Benefit andin the Interest of All States, Taking into ParticularAccount the Needs of Developing Countries,resolution 51/122, annex, of 13 December 1996.geostationary orbit is an integral part of outerspace.5. Other intergovernmental organizations, inparticular those of the United Nations system, arealso contributing to the legal regime governinginternational cooperative space activities. Amongthem are ITU, WIPO, WMO and theInternational Atomic Energy Agency (IAEA). Inaddition, multilateral and bilateral treaties andagreements have secured the establishment andoperation of international and regional spaceorganizations and bodies, such as ESA theInternational Telecommunications SatelliteOrganization, the Arab Satellite CommunicationsOrganization, the European Organization for theExploitation of Meteorological Satellites(EUMETSAT), Inmarsat and the InternationalOrganization of Space Communications(Intersputnik), and the development ofcooperative programmes, such as the Council onInternational Cooperation in the Study andUtilization of Outer Space, theCOSPAS-SARSAT search and rescue satellitesystem and the International Space Station.Some individual States and groups of States havealso added to the corpus of space law through theadoption of their national laws and agreementswithin the groups governing their activities inouter space and their goals for internationalcooperative ventures.(b) Issues and objectives6. The United Nations has succeeded inprogressively developing and elaborating (inaccordance with Article 13 of the Charter of theUnited Nations), in the form of treaties anddeclarations, a body of principles and normsrelating to space activities which is considered awell-established branch of international lawgoverning space activities. In recent years, theincrease in space activities has given rise to new,highly technical issues such as, inter alia, spacedebris, the use of nuclear power sources in spaceand the protection of intellectual property rights.Those subjects pose many challenging legalquestions that call for creative solutions throughinternational cooperation if international spacelaw is to keep pace with the rapid advances inspace technology and activities. Such solutions
7should be sought on the basis of respect for theprinciples, declarations and resolutions of theUnited Nations General Assembly and taking intoaccount the needs of developing countries.7. Innovations in space technology are alsobringing activities geared towards theexploitation of natural resources in outer spaceand on the various celestial bodies within therealm of feasibility. In view of the apparent lackof international consensus on the principlesembodied in the Moon Agreement, as shown byits relatively low level of ratification, issuesrelating to the ownership of and equitable accessto such resources should require furthersubstantial consideration and study within thefield of international law.8. Since UNISPACE 82 (see paras. 21-27above), the world has witnessed a considerablegrowth in the commercialization andprivatization of space-related activities. Thattrend has led to significant increases in thenumber of non-state actors involved in theexploration and use of outer space, as well as thenumber of different activities in which they areengaged. Satellite telecommunications, satellitenavigation and positioning, the provision oflaunching equipment and services and remotesensing are, in some cases, already developinginto rapidly growing private industries. Similarly,activities such as space tourism, the mining ofasteroids and other celestial bodies and wastedisposal in outer space are being seriouslyconsidered as possibilities for private spaceenterprise in the not too distant future. Theseactivities have given rise to new legal challenges.9. Member States of the United Nations shouldinitiate discussion of and seek solutions toemerging legal problems of relevance and should,in particular, recognize the need to consider theexpanding role of private enterprise when makingnew laws. Specialized agencies should considerdrafting standards and recommended practices aswell as models for partnerships involving publicand private enterprises in their respective sectorsof space activity. The concept of “public service”and its various manifestations should bedeveloped further, paying particular attention tothe global public interest and to the needs ofdeveloping countries. The principles of fair tradeshould be strengthened. Attention should also bepaid to the various aspects of the issues ofliability and security of ownership in order toarrive at a coherent global framework. Theinternational organizations concerned shouldmake arrangements for effective and focusedjoint forums.410. The Committee on the Peaceful Uses ofOuter Space should give attention to variousaspects of space debris. The Committee on thePeaceful Uses of Outer Space should alsoconsider the legal issues regarding low-Earthorbits (LEOs), taking into account recentchanges in the ITU convention concerning thestatus of LEOs as limited natural resources. Theissue of security of ownership regardingspacecraft should be addressed.411. The Member States should consider thedevelopment of effective mechanisms for thesettlement of disputes arising in relation to spacecommercialization. Those mechanisms shouldtake into account existing arbitration rules usedin international practice for dispute settlement.412. A further pressing concern is the fact thatmany States have not yet become parties to theouter space treaties concluded within theframework of the United Nations. Despite annualresolutions by the General Assembly invitingStates to consider ratification or accession to thetreaties, the apparent decline in the willingness ofStates to bind themselves to the terms ofsuccessive treaties5 tends to undermine thenormative authority of the later internationalagreements. The Committee on the Peaceful Usesof Outer Space and its Legal Subcommittee havesolicited the views of States regarding the4 Proposed by the Workshop on Space Law in theTwenty-first Century, organized by the InternationalInstitute of Space Law.5 For example, the 1979 Moon Agreement has beenratified by only 9 States and signed by an additional 5States, as opposed to the Outer Space Treaty of 1967,which has been ratified by 94 States and signed by anadditional 27 States.
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Page 21 and 22: SESSION ONEExisting United Nations
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A resource management/administratio
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SESSION FOURExpanding Global Remote
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EXPANDING GLOBAL REMOTE SENSING SER
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SESSION SIXExpanding Global Navigat
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POSSIBLE INTERNATIONAL REGULATORYFR
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POSSIBLE INTERNATIONAL REGULATORY F
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SESSION EIGHTMaintaining the Space
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MAINTAINING THE SPACE ENVIRONMENT 1
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220Session 3: Wednesday. 21 July. 1
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223Annex IITHIRD UNITED NATIONS CON
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225No Name Address E-Mail27. Ersfel
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227No Name Address E-Mail57. Koloso
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229No Name Address E-Mail86. Noack,
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231No Name Address E-Mail117. Steph
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