scholarly journals STATE OBLIGATIONS RELATED TO THE LAUNCH OF OBJECTS INTO OUTER SPACE UNDER INTERNATIONAL LAW

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Riza Amalia
Keyword(s):  
International Law ◽  
Outer Space ◽  
Secondary Data ◽  
The State ◽  
Space Object ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
Space Objects ◽  
State Obligations ◽  
Outer Space Treaty

Space utilization is currently experiencing a very rapid increase. Many countries have carried out various missions by launching space objects. In launching an object into space, the state has several obligations that must be fulfilled, at least according to the author there are three basic obligations namely, registration, supervision, and responsibility when a loss occurs. For this reason, this study aims to provide information on how to carry out these obligations under international law. The method used in this study is the normative judicial approach. A normative juridical approach is a legal research conducted by examining library materials or secondary data as a basis for research by conducting a search of regulations and literature relating to the problem under study. The launch of space objects certainly has a regulation that is used as a standard worthy of launching space objects such as satellites. The launch is regulated in the 1976 Registration Convention and registered with an international institution, the International Telecommunication Union (Article iv (1) 1976 registration convention). In addition to registering space objects, the state must also supervise these space objects to find out the development of the mission they made (Article VI Outer Spece Treaty 1967), and the last is the responsibility of a country when a loss arises due to the space object. This is regulated in the 1967 Outer Space Treaty (Article VII) and the 1972 Liability Convention.

International Space Law and Satellite Telecommunications

2019 ◽  
Author(s):  
Elina Morozova ◽  
Yaroslav Vasyanin
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Outer Space ◽  
Space Applications ◽  
International Telecommunication Union ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Outer Space Treaty ◽  
Space Activities

International space law is a branch of international law that regulates the conduct of space activities. Its core instruments include five space-specific international treaties, which were adopted under the auspices of the United Nations. The first and the underlying one—the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)—establishes that outer space is free for exploration and use by all states. Such fundamental freedom is exercised by a number of space applications that have become an integral part of modern human life and global economy. Among such applications, satellite telecommunications is the most widespread, essential, and advanced. Indeed, since 1957 when the Soviet Union launched Sputnik 1, the first artificial satellite merely capable of continuous beeping during its 21-day trip around the globe, space technologies have progressed in leaps and bounds. Cutting-edge satellite telecommunications methods ensure instant delivery of huge amounts of data, relay of real-time voice and video, broadcasting of radio and television, and Internet access worldwide. By transmitting signals over any distance telecommunications satellites connect locations everywhere on Earth. A telecommunications satellite’s lifetime, starting from the launch and ending at de-orbiting, is governed by international space law. The latter considers satellites as “space objects” and regulates liability, registration, jurisdiction and control, debris mitigation, and touches upon ownership. Therefore, the first large group of international law rules applicable to satellite telecommunications includes provisions of three out of five UN space treaties, specifically, the 1967 Outer Space Treaty, the 1972 Convention on International Liability for Damage Caused by Space Objects, and the 1976 Convention on Registration of Objects Launched into Outer Space, as well as several UN General Assembly resolutions. To carry out a communication function, satellites need to be placed in a certain orbit and to use radio-frequency spectrum, both limited natural resources. Access to these highly demanded resources, which are not subject to national appropriation and require rational, efficient, and economical uses in an interference-free environment, is managed by the International Telecommunication Union (ITU)—the UN specialized agency for information and communication technologies. The ITU’s core regulatory documents are its Constitution, Convention, and the Radio Regulations, which collectively make up another group of international law rules relevant to satellite telecommunications. Both groups of international law rules constitute the international legal regime of satellite telecommunications and face the challenge of keeping pace with technology advancement and market evolution, as well as with a growing number of states and non-state actors carrying on space activities. These tangible changes need to be addressed in the regulatory framework that cannot but serve as a driver for further development of satellite telecommunications.

scholarly journals PRINCIPLE OF INTERNATIONAL COOPERATION IN MODERN INTERNATIONAL SPACE LAW

2021 ◽  
pp. 159-171
Author(s):  
O. A. POPOVA
Keyword(s):  
Developing Countries ◽  
United Nations ◽  
Private Sector ◽  
International Law ◽  
International Cooperation ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Outer Space Treaty

The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.

Registration of Space Objects

2020 ◽  
Author(s):  
Bernhard Schmidt-Tedd ◽  
Alexander Soucek
Keyword(s):  
Traffic Management ◽  
Outer Space ◽  
National Registry ◽  
The State ◽  
Space Object ◽  
Registration System ◽  
Technical Developments ◽  
Space Objects ◽  
Free Environment ◽  
And Control

Space objects are subject to registration in order to allocate “jurisdiction and control” over those objects in the sovereign-free environment of outer space. This approach is similar to the registration of ships on the high seas and for aircraft in international airspace. Registration is one of the basic principles of space law, starting with the first space-related UN General Assembly (GA) Resolution 1721 B (XVI) of December 20, 1961, followed by UN GA Resolution 1962 (XVIII) of December 1963 then formulated in Article VIII of the Outer Space Treaty of 1967, and later specified in the Registration Convention of 1975. Registration of space objects has arguably grown into a principle of customary international law, relevant for each spacefaring state. Registration occurs at the national and international level in a two-step process. To enter and object into the UN Register of Space Objects, the state establishes a national registry for its space objects and notifies the UN Secretary General of all registered objects. The UN Register is handled by the UN Office for Outer Space Affaires (UNOOSA), which has created a searchable database as an open source of information for space objects worldwide. Registration is linked to the so-called launching state of the relevant space object. There may be more than one launching state for the specific launch event, but only one state can register a specific space object. The state of registry has jurisdiction and control over the space object and therefore no double-registration is admissible. Registration practice has evolved in response to technical developments and legal challenges. After the privatization of major international satellite organizations, a number of nonregistrations had to be addressed. The result was the UN GA Registration Practice Resolution of 2007 as elaborated by the legal subcommittee of the UN Committee for the Peaceful Use of Outer Space. The complexity of space activities and concepts such as megaconstellations present new challenges for the registration system. For example, the Registration Practice Resolution recommends that in cases of joint launches each space object should be registered separately. Registration of space objects is a legal instrument relevant for state responsibility and liability, but it is not an adequate instrument for space traffic management. The orbit-related information of the registration system is useful for identification purposes but not for real-time positioning information. Orbital data to allow positioning, tracking, and collision warnings need to respond to various requirements of accuracy.

scholarly journals Geostationary Belt – State’s Territory or Province of Mankind?

2018 ◽  
Vol 8 (1) ◽  
pp. 167-178
Author(s):  
Rafał Kopeć
Keyword(s):  
Developing Countries ◽  
Space Exploration ◽  
Outer Space ◽  
Geostationary Orbit ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
Space Law ◽  
Special Area ◽  
The Subject ◽  
State Of Affairs

Abstract The geostationary orbit is a special area in outer space. Because of its distinctive characteristics, it has constantly been the subject of economic and political desirability. Space powers, taking advantage of their technological superiority and rules applied by the International Telecommunication Union (ITU) retained a privileged position. Developing countries, responding to this state of affairs, have taken a number of measures to improve their positions. Some of them posed a challenge to the main regulation of space law (Bogota declaration was an attempt to exercise a national sovereignty over the segments of the geostationary orbit), some are based on the use of the legal gaps in ITU regulations. Given these circumstances, the specific case of geostationary belt contributes to the debate on the regulations governing space exploration.

scholarly journals TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

2022 ◽  
Vol 4 (1) ◽  
pp. 100-126
Author(s):  
Virajati Adhazar ◽  
Suhaidi Suhaidi ◽  
Sutiarnoto Sutiarnoto ◽  
Jelly Leviza
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
State Accountability ◽  
Legal Provisions ◽  
Self Defense ◽  
Compensation Process ◽  
Outer Space Treaty

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

Peaceful Purposes for the Benefit of All Mankind

2020 ◽  
pp. 109-122
Author(s):  
P.J. Blount
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Peace ◽  
International Space ◽  
Legal Obligations ◽  
Ethical Content ◽  
Space Law ◽  
Peace And Security ◽  
Outer Space Treaty ◽  
Geopolitical Context

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.

Space Law and Hazardous Space Debris

2020 ◽  
Author(s):  
Martha Mejía-Kaiser
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
The Earth ◽  
Space Agency ◽  
State Practice ◽  
Space Objects ◽  
Manned Space ◽  
Space Activities ◽  
Debris Mitigation

International space law is a branch of public international law. Norms of treaty law and customary law provide a foundation for the behavior of the subjects of international law performing space activities. Five multilateral space treaties are in effect, which are complemented by important recommendations of international organizations such as United Nations (UN) General Assembly Resolutions and International Telecommunication Union (ITU) Regulations. The Inter-Agency Space Debris Mitigation Coordination Committee (IADC), a non-governmental body composed of several space agencies (for instance, the European Space Agency, the United States National Aeronautics and Space Administration, the Japanese Aerospace Exploration Agency, the Russian Federal Space Agency), issued its Space Debris Mitigation Guidelines in 2002. The IADC defines “space debris” as “all man-made space objects including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional” (IADC, 2002, Revision 1, 2007, 3.1. Space Debris). Although the term “space debris” was not included in any space treaty, the drafters of the space treaties considered space objects as “hazardous” because “component parts of a space object as well as its launch vehicles and parts thereof” detach in course of normal launching operations, because space objects can fragment during an attempted launch, and because space objects that re-enter Earth’s atmosphere and survive friction have the potential to cause damage. In addition, radioactive and chemical substances on board space objects may represent a hazard to populations and the environment on the Earth. Besides the threats to aircraft in flight and to persons and property on the surface of the Earth, space debris in orbit is increasing alarmingly and poses a threat to manned space missions and non-manned space objects. While the Convention on International Liability for Damages Caused by Space Objects (Liability Convention, 1972) considers the threats of space objects during launch, in outer space, and when entering the Earth’s atmosphere, there have been efforts to minimize the generation of space debris in orbit, outside the framework of the space treaties. The IADC Space Debris Mitigation Guidelines are a comprehensive list of recommendations to launching states, owners, and operators of space objects. They are increasingly recognized by states through the creation of codes of conduct, national legislation, recommendations of international organizations, and state practice. Furthermore, non-governmental institutions, like the International Organization for Standardization, are providing more detailed technical instructions for the implementation of the Space Debris Mitigation Guidelines, which are a breakthrough for the application of the guidelines by states of different economic and technical standing. Even though states are reluctant to accept new obligations through treaties, recommendations and state practice are becoming powerful instruments to avert the dangers of hazardous space debris that may create damage on the Earth or in orbit. Space debris also is becoming one of the drivers for the initiatives of the United Nations on the long-term sustainability of outer space activities to promote the existing mitigation guidelines and to formulate new guidelines for clearing outer space of debris.

International Liability for Commercial Space Activities and Related Issues of Debris

2020 ◽  
Author(s):  
Elina Morozova ◽  
Alena Laurenava
Keyword(s):  
Space Debris ◽  
Artificial Satellite ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Air Space ◽  
Space Objects ◽  
Outer Space Treaty ◽  
International Liability ◽  
Space Activities

Space activities are technically sophisticated, challenging, and high risk endeavors. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on the Earth, in air space, or in outer space, can be traced back to the very beginning of the space era. In 1963, just few years after the first ever artificial satellite was launched, international liability was declared by the UN General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects, which are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called “launching states,” as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to settle liability issues, including those arising from commercial launches, however, it is not always mandatory. Frequently, space-related accidents involve non-functional space objects and their component parts, which are usually referred to as space debris. This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the non-functional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called “space debris.” This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.

International Liability for Damage Caused by Space Objects

1980 ◽  
Vol 74 (2) ◽  
pp. 346-371 ◽  
Author(s):  
Carl Q. Christol
Keyword(s):  
International Law ◽  
Outer Space ◽  
Space Environment ◽  
The Moon ◽  
Space Objects ◽  
Celestial Bodies ◽  
Municipal Law ◽  
Basic Proposition ◽  
Per Se ◽  
International Liability

The exploration and use of the space environment, consisting of outer space per se, the moon, and celestial bodies, may result in harm to persons and to property. International law and municipal law have focused on rules allowing for the payment of money damages for harm caused by space objects and their component parts, including the “payload.” Both forms of law have accepted the basic proposition that money damages should compensate for harm. Principal attention will be given in this analysis to the kinds of harm caused by space objects that are considered to be compensable under international law at the present time.

scholarly journals Government procurement clause in EVFTA and implications for Vietnam

2020 ◽  
Vol 4 (4) ◽  
pp. 1104-1114
Author(s):  
Hoang Tien Nguyen ◽  
Vuong Hoang Do
Keyword(s):  
Public Procurement ◽  
Secondary Data ◽  
Government Procurement ◽  
Public Expenditures ◽  
International Integration ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
National Budget ◽  
The Government ◽  
The Government Procurement

EVFTA is one of the newest endeavors of Vietnam regarding the international integration process, which is anticipated to be beneficial for Vietnam in many aspects across industries. The government procurement sector does not stay out of this influence. This article mainly aims to explore the government procurement sector of Vietnam, the performance of the government regarding managing this market and how it will be affected and reformed by EVFTA. More importantly, by examining the significant factors that may have an impact on the EVFTA's implementation from Vietnam's perspective, the article attempts to assess the compatibility of the current situation of Vietnam with the fundamental conditions to conduct public procurement regulations of EVFTA efficiently. The article collects, summarizes, and analyzes the secondary data from trustworthy sources like the Vietnam General Statistics Office, the ranking table of the International Telecommunication Union, the official annual report of state departments of Vietnam, and other documents like journal articles, research papers,etc. Another methodology employed in the research is the in-depth interviews with professional experts who have been working for several years in the international integration field. the article discovers that Vietnam is capable of implementing EVFTA's chapter 9 efficiently but with more careful preparation. The article also points out that despite of having a strong mindset of globalization, Vietnam's public expenditures are still loosely covered by laws, which leads to irrational allocation on national budget. A number of implications are suggested to localize the EVFTA's regulations and recommendations are made to apply modern technologies to improve the procurement system, especially on the capacity of government on managing the government procurement sector. The authors hope to help state authorities to have a broader look and improve the sector as well as embrace the opportunities from EVFTA regarding government procurement sector.

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