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

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26 EXISTING UNITED NATIONS TREATIES: STRENGTHS AND NEEDSprudent to organise a separate regulatory system foreach orbital region? How would their interrelationshipsbe handled? This problem requires the cooperation ofscientists, engineers and lawyers to plan for the future.A Workshop could be organised by the Scientific andLegal Liaison Committee of the International Instituteof Space Law and the International Academy ofAstronautics to study tho problem. The Scientific andTechnical Subcommittee and Legal Subcommittee ofCOPUOS could also undertake the study as a SpecialProject.One aspect of this problem could be dealt with bythe following proposal:Proposal for an InternationalRegulatory Framework forAir/Space TrafficIncreased launchings of satellites, particularly in lowearth orbit, will necessitate a regulatory framework thatis more comprehensive and coordinated than existingpractices. The need for monitoring should not beallowed to drift into patterns of activity with unintendedconsequences. Now is the time for the effectiveestablishment and operation of standards andrecommended practices to ensure a safe, orderly andpeaceful space environment for expanding spaceactivities. One approach is the possibility of extendingthe Jurisdiction of the International Civil AviationOrganization (ICAO) to include relevant components ofspace traffic management. This proposal for anaerospace inquiry is timely because ICAO's 180Member States have endorsed and are “implementingthe development of a satellite-based system concept tomeet future communications, navigation,surveillance/air traffic management (CNS/ATM) needsof civil aviation.” ICAO defines the teak as “essentiallythe application of high technologies in satellites andcomputers, data links and advanced flight deck avonics,to cope with tomorrow’s growing operational needs.”(ICAO's Aims, Standardization CNS/ATM RegionalPlanning Facilitation, Economics, TechnicalCo-operation for Development and Law. ICAO,Montreal Canada.)A commission should be created to survey existingorganizations and procedures for regulating civilaviation and space subjects, estimate the probablefuture expansion ofthose activities, identify and analyseoptions for an international system that can assure safe,efficient and peaceful services. It is necessary tocompile information on current monitoring practices,the status of national space registries andtreaty-required reports in the United Nations. Acomparative study of directing planes and space objectsshould reveal civil aviation practices that could beapplicable to satellites. A roster is needed of expertswho can formulate international standards andrecommended practices while avoiding unnecessaryrestrictions. ICAO's success with managing civilaviation should be studied to determine whether thoreare organizational and management practices that areapplicable to space traffic and foreseeable aerospacetraffic. Is it feasible to incorporate some spacefunctions into ICAO's existing organization, e.g., theAir Navigation Bureau, the Air Transport Bureau orTechnical Cooperation Program? Should a new ICAOAerospace Bureau be established or should relations behandled by Agreements on matters with which theyconverge? We need to establish essential technical andscientific requirements without which space operationscannot be conducted successfully, and to which politicalentities must make adjustments.Space ExplorationThe 1967 Outer Space Treaty provides for a two-pathapproach to outer space: exploration and uses. At thepresent time emphasis is on the various uses, probablybecause of the increase in commercial applications. Inplanning for the 21st century, we must continue toemphasize the values from exploration of the solarsystem and the Universe, thus ensuring that nations willappropriate adequate funds for exploration.Definition of Legal TermsBoth the IISL and tho Legal Subcommittee could workon defining the legal terms that need to be clarified aswell as the methods available for this purpose. Theterms that require clarification include: space object,
EXISTING UNITED NATIONS TREATIES: STRENGTHS AND NEEDS 27responsibility of States for space activities, liability fordamage, legal responsibility for commercialinternational ventures, the common heritage ofmankind, province of mankind, settlement of disputes,astronaut, scope of information needed for registrationof space objects, celestial bodies, appropriate State,launching authority, nationality of the State, aerospaceobject, non-state entities, etc. Again, this task needs tobe performed with due regard for immutable scientificfacts that affect operations in outer space.Concepts of Area and FunctionThe development of space applications indicates thatsovereign states found ways of coping withnon-sovereign areas by regulating functions. We are notconfined to formulating law by area or function becausewe use both continuously and have done so for outerspace matters for 42 years. When the space age began,some organizations, notably those concerned withcommunications and meteorology, added spacetechnology to improve functions they were alreadyperforming. New national and internationalorganizations were created to carry on specificfunctions in the area of outer space. Now we have anew dimension added to planning for the future: theGlobal Positioning Service (GPS) which can quicklyprovide precise information on the place and time of anevent as well as data on moving objects. This capabilityshould be taken into account in discussions ondelimitation.What is Space Law?The five UN-formulated space treaties are basic inproviding guiding principles for States in the conduct ofspace activities. However, national and internationalspace activities have spread to such a variety ofapplications, some conducted by non-State entities, thatadditional legal sources must be used for regulatingoperations designed to preserve outer space as a safeorderly environment. The impact of space activitiesaffects the Earth with problems related to aviation,space debris, property rights, insurance, liability, etc.The laws of different nations become involved, creatingthe necessity for harmonizing national and internationallaw. The settlement of disputes may require reference toa variety of laws, depending on the subject. We are notdealing solely with law for the area of outer space butmore specifically with the legal aspects of spaceexploration and ever-expanding space activities on theEarth. It is therefore necessary to expand our concept ofspace law.The Moon Agreement and OtherCelestial BodiesOnly nine nations have ratified the Moon Agreementsince it was recommended by the United NationsGeneral Assembly 20 years ago: Australia, Austria,Chile, Mexico, Morocco, Netherlands, Pakistan,Philippines and Uruguay. Objections to provisionsregarding the establishment of an international Regimeto govern the exploitation of the Moon’s naturalresources when feasible, and differences over theinterpretation of the Moon's natural resources as “thecommon heritage of mankind”, have kept spacefaringnations and others from ratification. When the UNGeneral Assembly reviewed the treaty in 1994, tenyears after it had gone into force upon ratification byfive nations, it found no evidence of feasibility forexploitation of natural resources and no action wastaken.Evidently we cannot depend upon the passage ofmore time to result in acceptance of this document bythe international community. We are left, however, witha problem which demands attention. Article 1(1) of theMoon Agreement provides that “The provisions of thisAgreement relating to the Moon shall also apply toother celestial bodies within the solar system, other thanthe Earth, except insofar as specific legal norms enterinto force with respect to any of these celestial bodies”.“Specific legal norms" for celestial bodies other thanthe Earth are not now being considered in planning forthe future and, furthermore, we have no legal definitionof “celestial bodies”.I am, therefore, recommending that theInternational Institute of Space Law appoint a standingCommittee on Legal Aspects of International SpaceCooperation on Celestial Bodies to study and analyze
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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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EXPANDING GLOBAL NAVIGATION SERVICE
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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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