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

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216 MAINTAINING THE SPACE ENVIRONMENTPrinciple 21 of the UN Stockholm Declaration, whichwas frequently quoted at the Rio Conference, shouldbe taken fully into account. The same should be saidabout the principles of precaution and "polluter pays"in the implementation of which internationalcooperation -or, shall we say, the "general obligationto cooperate"- has an essential role to play. Thespeaker reminded the audience of a number ofenvironmental law texts which were proving effective,such as, for example, the 1985 Vienna Convention onthe Protection o f the Ozone Layer, and relatedinstruments where the international community showeda true and timely sense o f responsibility by acceptingobligations and restrictions on the production and useof halocarbons which would have seemed unthinkablea few years before. As to the Climate Convention,Prof. Machisio believed it deserved wider support.Finally, this speaker considered that the UN GeneralAssembly should encourage the Legal Subcommitteeof COPUOS to take up the subject of space debris.Johannes Andersen, Secretary-General o f theInternational Astronautical Union, and Dr. SylviaOspina, both agreed on the advisability of having aninternet data-base, particularly in connection withconstellation satellites and flight-plans of registeredsatellites. The latter proposed the transfer ofregistration fees to a central fund in order to supportstudies on debris mitigation, for example.Dr. Karrest pointed out the differences between"limitation" of debris and "mitigation" thereofemphasising the importance of the liability aspects andthe duty "to prevent". This expert considered theadoption of rules o f conduct for the protection o f thespace environment to be an urgent matter. AmbassadorFinch, for his part, made a number of subtle remarksconcerning the legal aspects of space debris, focusingon the question of definitions and dispute settlement.Dr. Lafferranderie believed that private enterprisesshould be incentivated to this end and that the questionof insurance should be carefully studied. Indeed, this isa field where a great deal of legal thought is required.Commentary PaperArmel KerrestProfessor of International Law at theUniversity of Western Brittany (France)After the very interesting and so dynamic interventiono f Dr. Perek and other commentators, I would like tomake two remarks and two proposals.The first remark deals with the prevention, or morerealistically the mitigation o f space debris. It is the firstand for the time being the only possibility. Given thecost o f such mitigation either in construction cost or insatellite lifetime, no private entity is ready to acceptthem if its competitors do not. National rules should bemade compulsory and, as entrepreneur may changetheir nationality, international regulations must beaccepted.I draw your attention to the fact that whatever thepreventive measures may be, they will just have thecapacity to lower the increase of space debris. If weconsider on the one hand the time needed by theCopuos to discuss and adopt rules and on the otherhand the necessity to begin now to prevent creatingnew space debris, we must recognise that time is up toconsider the legal issues within the Copuos. During itslast meeting the technical sub-committee transmittedits report on space debris. It was proposed to begin thediscussion within the legal sub-committee.Unfortunately this proposal could not reach aconsensus. It should be good not to play Ping-Pongbetween the main committee and the technical subcommitteeand to enter into legal discussions in thelegal sub-committee.Summary Report• Keep outer space clean for further spaceactivities
MAINTAINING THE SPACE ENVIRONMENT 217• Support of work done so far by COPUOS andother UN bodies• Encourage technical solutions for de-orbitingo f spacecraft as it is in the best interest o f allusers o f operational orbits• Identification that the present rules are toovague and general. Art. IX Outer SpaceTreaty is not sufficient.• Registration Convention to be more effective,better implementation:• increase the number of States andinternational organisations actively adheringto this Convention• need for COPUOS to request the Office ofOuter Space Affairs to obtain requiredinformation on space objects and to maintaina comprehensive and fully updated register onits websites.• Definition of "space object” is necessary;additionally definition o f some other terms.• Study liability aspects; the IISL is requestedto study the issue o f liability and to initiateappropriate further steps.• Code of conduct along the lines of NPSprinciples.• Supporting the principle of reservingnecessary frequency bands for future researchof distant natural sources of radio signals, andto their protection from spill-over.• The principle o f preserving the darkastronomical sky suitable for astronomicresearch should be taken into account inplanning space missions (see last conference“Preserving the Astronomical Sky” held from12 to 16 July 1999).• Establish an international regulatoryframework in order to ensure safe andefficient services for an international action,refer to ILA Conferences• International legal provisions should beinvestigated to enable providers of collisionwarning and mitigation services to beresponsible for coordinating with the partiesinvolved in close approaches, and to assurethe awareness of satellite operators of thesituation.• Take over a flight plan for satellite which isalready known from aviation.• The service provider concept should bereviewed and refined by an international bodyor committee which includes representativeso f both industry and government. Serviceprovider concepts including governmental,commercial, multiple entity, and consortiashould be evaluated.
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ST/SPACE/2Office for Outer Space Af
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IntroductionThe Workshop on Space L
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CONCLUSIONS AND PROPOSALS OF THEWOR
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3between public and private law and
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6provide for the application of int
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8obstacles that impede ratification
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SESSION ONEExisting United Nations
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EXISTING UNITED NATIONS TREATIES: S
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SESSION FOURExpanding Global Remote
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SESSION SIXExpanding Global Navigat
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Page 185: POSSIBLE INTERNATIONAL REGULATORYFR
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Page 203 and 204: SESSION EIGHTMaintaining the Space
Page 205 and 206: MAINTAINING THE SPACE ENVIRONMENT 1
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Page 226 and 227: 220Session 3: Wednesday. 21 July. 1
Page 229 and 230: 223Annex IITHIRD UNITED NATIONS CON
Page 231 and 232: 225No Name Address E-Mail27. Ersfel
Page 233 and 234: 227No Name Address E-Mail57. Koloso
Page 235 and 236: 229No Name Address E-Mail86. Noack,
Page 237 and 238: 231No Name Address E-Mail117. Steph
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