11.07.2015 Views

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

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

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

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Registration ConventionRevisiting <strong>the</strong> 1975 Registration Convention: Time <strong>for</strong> Revision?Yun ZhaoLecturerSchool <strong>of</strong> Law, City University <strong>of</strong> Hong Kong,, ChinaIntroductionOne important step in <strong>the</strong> work <strong>of</strong> <strong>the</strong> Legal Sub-Committee <strong>of</strong> <strong>the</strong> Committee on <strong>the</strong>Peaceful Use <strong>of</strong> <strong>Outer</strong> Space (COPUOS) was successfully finalized in 1975: <strong>the</strong> UN GenerallyAssembly adopted <strong>the</strong> Convention on Registration <strong>of</strong> Objects Launched into <strong>Outer</strong> Space(Registration Convention), which contains detailed rules on <strong>the</strong> registration <strong>of</strong> space objectslaunched into outer space. The establishment <strong>of</strong> <strong>the</strong> registration requirement can basically servetwo functions as identified by Pr<strong>of</strong>. Diederiks-Verschoor: “(1) a well-ordered, complete andin<strong>for</strong>mative register would minimize <strong>the</strong> likelihood and even <strong>the</strong> suspicion <strong>of</strong> weapons <strong>of</strong> massdestruction being furtively put into orbit; (2) it is not possible to identify a spacecraft that hascaused damage without an international system <strong>of</strong> registration.”The Convention, consisting <strong>of</strong> 12 Articles, supplements Article VIII <strong>of</strong> <strong>the</strong> Treaty onPrinciples Governing <strong>the</strong> Activities <strong>of</strong> States in <strong>the</strong> Exploration and Use <strong>of</strong> <strong>Outer</strong> Space,Including <strong>the</strong> Moon and O<strong>the</strong>r Celestial Bodies (Space Treaty). As an important internationaldocument, <strong>the</strong> Convention is not merely an attempt to resolve principles <strong>of</strong> public internationallaw, ra<strong>the</strong>r it is an international ef<strong>for</strong>t to produce an international codification <strong>of</strong> administrativelegal doctrine.Scholars have commented on <strong>the</strong> Convention in depth concerning its application in spaceoperations. Almost 30 years <strong>of</strong> its peaceful existence clearly demonstrates its applicability.According to Article X <strong>of</strong> <strong>the</strong> Convention, <strong>the</strong> question <strong>of</strong> <strong>the</strong> review <strong>of</strong> <strong>the</strong> Convention shall beincluded in <strong>the</strong> provisional agenda <strong>of</strong> <strong>the</strong> <strong>United</strong> National General Assembly in order to consider<strong>the</strong> necessity <strong>of</strong> revision. The Assembly decided that <strong>the</strong>re was no such need in 1986, exactly tenyears after <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Convention.Never<strong>the</strong>less, with more and more space activities taking place on a daily basis, alongwith <strong>the</strong> trend <strong>of</strong> commercialization, severe challenges have been set on <strong>the</strong> continual application<strong>of</strong> <strong>the</strong> Convention. Particular concerns have been made with <strong>the</strong> trend <strong>of</strong> privatization <strong>of</strong> spaceactivities. It is indeed time to carry out a serious review <strong>of</strong> <strong>the</strong> Convention and make revisionsalong with <strong>the</strong> development <strong>of</strong> space activities. Fur<strong>the</strong>rmore, as identified by several scholars, <strong>the</strong>Convention entails several drawbacks. We should take <strong>the</strong> opportunity to study <strong>the</strong> issues havingbeen identified and make fur<strong>the</strong>r improvements. Also as stated in Article X <strong>of</strong> <strong>the</strong> Convention, at<strong>the</strong> request <strong>of</strong> one third <strong>of</strong> <strong>the</strong> States Parties to <strong>the</strong> Convention and with <strong>the</strong> concurrence <strong>of</strong> <strong>the</strong>majority <strong>of</strong> <strong>the</strong> States Parties, a conference <strong>of</strong> <strong>the</strong> States Parties shall be convened to review <strong>the</strong>Convention at any time after <strong>the</strong> Convention has been in <strong>for</strong>ce <strong>for</strong> five years. Accordingly, a well-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!