LAW 1508 Lecture Notes - Lecture 3: Outer Space Treaty, Space Debris, Antarctic Treaty System
23 May 2018
School
Department
Course
Professor
SPACE LAW
• Access to space
9’s & 9s – Eclusivel Goveret:
’s – Govt ad Private idustr
• Boundary between Air space and Outer Space
Controversial. Trend towards up to 100 Km
from E surface Australias 1998 Space
Activities Act) The Commentary on the AMW
Manual the Commentary
Scientists disagree- 118km above earth
(University of Calgary)
Harvard Manual on International Law
Applicable to Air and Missile Warfare
→ Rule 1(a) - air or airspae is the air up
to the highest altitude at which an aircraft
can fly and below the lowest possible
perigee of a earth satellite i orit
Treaty and Custom
5 Treaties
1. Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer
Space, Including the Moon and Other Celestial
Bodies
2. Agreement on the Rescue of Astronauts, the
Return of Astronauts and the Return of Space
Objects Launched into Outer Space
3. Convention on International Liability for
Damage Caused by Space Objects;
4. Convention of Registration of Objects
Launched into Outer Space;
5. Agreement Governing the Activities of States
on the Moon and Other Celestial Bodies.
Custom
• principle of free passage in space established
when the USSR launched Sputnik into orbit and
crossed over territories other than its own
without protest from those countries.
(acquiescence)
Soft Law Principles (resolutions from UN
General Assembly)
• 1982: UNGA Resolution on principles related to
satellite TV broadcasting 1986: UNGA Resolution
on principles related to satellite remote sensing
• 1992: UNGA Resolution on principles related to
nuclear power sources
• 1996: UNGA Resolution on principles related to
space common benefits
• 2004: UNGA Resolution on the concept of the
lauhig “tate
• 2007: UNGA Resolution on the guidelines related
to space debris mitigation 2013: UNSG-Report of
the GGE on TCBMs in Outer Space Activities
• 2014: UNGA Resolution on Prevention of an arms
race in outer space (178 favor, 2 abstained)
The OUTER SPACE TREATY of 1967
Foundations for 4 other treaties
Article I – Freedom of Use
The exploration and use of outer space,
including the Moon and other celestial bodies,
shall be carried out for the benefit and in the
interests of all countries, irrespective of their
degree of economic or scientific development,
and shall be the province of all mankind.
Academic debate: Distinguish between
Common heritage of mankind v Province of
all mankind
→ OST is vague. Interpreted to mean for
the eefit of all akid principle
ensured underdeveloped countries have
equal access to space.
→ For the use of space to be lawful, there
must be some kind of benefit for ALL of
mankind
→ Analogy drawn between OST and 1959
Antarctica Treaty (Antarctica cannot be
appropriated by ay nation, is to be used
for peaceful purposes, nations are free to
preform scientific exploration)
Article II- Limitation
Outer “pae, iludig the Moo ad other
celestial bodies is not subject to national
appropriation by claims of sovereignty, by
means of use or occupation, or by other
eas’.
CLEAR prohibition
Possible violation- mining. US Commercial
Space Launch Competitiveness Act 2015 (S
51303)
‚no international agreement, whether the
right of free use’ includes the right to take
and consume non-renewable natural
resources, including minerals and water on
elestial odies.- II“L Positio Paper o “pae
‘esoure Miig De .
find more resources at oneclass.com
find more resources at oneclass.com
