Advances in Public Policy and Administration - Global Issues Surrounding Outer Space Law and Policy
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This chapter describes the main contents of the European Union (EU) Draft Code of Conduct for Outer Space Activities, Space Debris and Liability Convention. It is necessary and desirable for us to legislate more concretely the abovementioned draft Code of Conduct for Outer Space Activities so as to mitigate or remove space debris. In December 2008, the EU adopted a Draft Code of Conduct (EU Draft CoC) for outer space activities. On September 2010, the EU revised a second draft of the EU Code of Conduct for Outer Space Activities. The draft of the International Code of Conduct (the Code), dated March 31, 2014, was intended to be the subject of negotiations at the United Nations in New York from July 27-31, 2015. The code, a politically and not legally binding document, aims to establish some rules of good conduct for outer space activities. The author proposes the establishment of a new Asian-Pacific International and Environmental Monitoring Organization (tentative title) for prevention and mitigation of space debris.


This chapter describes the author's proposal on the necessity of Establishing an Asian Space Agency (ASA). The establishment of the ASA will promote the international cooperation among Asian countries in space exploitation, research and technology, as well as their space application and developments, much like the European Space Agency in Paris. It is desirable and necessary for us to establish ASA in order to promote cooperation in space policy, law, science, technology, and industry among Asian countries. The creation of an ASA would lead to a strengthening of the cooperation deemed essential by the Asian community towards joint undertakings in space and would act as a catalyst for the efforts on space exploitation and allow resources, technology, manpower, and finances to be centrally managed in an independent fashion to the benefit of Asian countries. It is desirable and necessary for us to establish the ASA in order to develop the space industry to strengthen friendly relations and to promote research cooperation among Asian countries.


This chapter introduces the ratification by member states and main contents of the 1967 Outer Space Treaty (Title: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies). Furthermore, the author explains the reason it the contents of the 1967 Outer Space Treaty should be amended. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.


This chapter explains the author's proposal on the necessity of “Establishing a New International Space Agency for Mining the Natural Resources in the Moon, Mars, Asteroid, and Other Celestial Bodies.” The International Space Agency (ISA) will be regarded as a new road for the global space policy and exploitation of the moon and other celestial bodies in the global community. As the moon, Mars, asteroid, Saturn, Jupiter, Titan, and other celestial bodies have a large quantity of the precious natural resources, we must establish a new ISA in order to explore and develop efficiently and effectively the aforementioned minerals. It is necessary for us to establish the ISA so as to work together in union to strengthen cooperation in research and to establish friendly relations for the benefit of mankind. Finally, a very important point is that a political drive, at the highest level, should be given to mobilize states to this initiative, possibly taking the form of a solemn statement by heads of the space superpower countries setting out objectives and prospects for the long term.


This chapter explains the historical background, key provisions, and main contents of the 1968 Space Liability Convention (Title: Convention on International Liability for Damage Caused by Space Objects). In order to protect the victims caused by space accidents, the author proposes a revision of the 1968 Liability Convention for the purpose of inserting and regulating the provision on the mental and indirect damage. The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention. The Liability Convention was concluded and opened for signature on 29 March 1972. It entered into force on 1 September 1972. As of 1 January 2019, 96 states have ratified the Liability Convention, 19 have signed but not ratified. States (countries) bear international responsibility for all space objects that are launched within their territory.


This chapter describes the establishment process, purpose of establishment, mission, exploration plan, activities of the European Space Agency (ESA) and International Space Station (ISS), and an explanation of the contents of the treaty that is legal basis for its establishment. The European Space Agency (ESA) is an intergovernmental organization of 22 member states dedicated to the exploration of space. Established in 1975 and headquartered in Paris, France, ESA has a worldwide staff of about 2,200 in 2018 and an annual budget of about € 6.68 billion (US $ 7.43 billion) in 2020. ESA also works closely with space organizations outside Europe. ESA has missions planned for Jupiter (JUICE, 2022) and others that will seek dark matter (Euclid, 2020) and observe the energetic universe (Athena, 2028). The International Space Station (ISS) is a space station (habitable artificial satellite) in low Earth orbit. The ISS programme is a joint project between five participating space agencies: NASA (United States), Roscomos (Russia), JAXA (Japan), ESA (Europe), and CSA (Canada).


This chapter explains the ratification, main contents, and prospect of the 1979 Moon Agreements. The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement, is a multilateral treaty that turns jurisdiction of all celestial bodies (including the orbits around such bodies) over to the participant countries. Thus, all activities would conform to international law, including the United Nations Charter. It has not been ratified by any state that engages in self-launched human spaceflight or has plans to do so (e.g., the United States, the larger part of the member states of the European Space Agency, Russia [former Soviet Union], People's Republic of China, and Japan). As of January 2019, 18 states are parties to the treaty. As the current Moon Agreement has emerged as a problem as the United States and other major powers are not joining it, many lawyers, professors, and scientists urged that the powers ratify it quickly.


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