Aerotecnica Missili & Spazio, The Journal of Aerospace Science, Technology and Systems

Building a Safer Space Together

General V. Camporinia
a

Capo di Stato Maggiore della Difesa Roma, Italy

Abstract

Among the activities related to the space sector, the juridical issue is of signicant importance, as well as technological and industrial capabilities. All the Countries interested in space exploitation, either for civilian or military purposes, are, in fact, subject to compliance with treaties, laws and recommendations in order to avoid accidents, explosions and collisions in space (not least the intentional destruction of a satellite by a Chinese missile that caused numerous space debris, extremely dangerous for satellites currently in orbit and the astronauts aboard the International Space Station). There is therefore a need to refer to a shared set of well-dened laws or international rules to govern the use of space assets as well as to have appropriate technical means designed to ensure a thorough knowledge of the space environment (Space Situational Awareness) in order to detect possible violations (and related liability) and maintain a safe use of space.

1. Introduction This study is intended to give to the reader a framework as exhaustive as possible of what belongs to the juridical dimension related to the space environment, describing the specic elements that characterize the legal aspects concerning space safety, leaving to the specialists the opportunity to propose technical solutions in order to reinforce the concept of safe space. The analysis begins with an overview of the legal aspects aecting the safety of the space (Par. 2) and then gives evidence of the legal framework related to the space environment currently in force, in terms of international treaties and conventions (Par. 3). The study thus ends with a consideration and a reasonable future development in the eld, in the light of the recent and decisive impetus that the European Space Agency (ESA) has given to the Space Situational Awareness program (SSA), bearing in mind the ultimate goal of ensuring the construction of a safer space (Par. 4).

for civilian and military purposes. Space activities, taking place in cosmic or outer space, allowed from the very beginning the creation of customary rules aimed at establishing the fundamental principles of the cosmic space. To this end, the UN General Assembly gave birth in 1959 [2] to the Committee on Peaceful Uses of Outer Space (COPUOS), whose activities addressed the development of the principle of free use of outer space for peaceful purposes and the denition of signicant contributions for the adoption of some of the most important rules and conventions governing the space environment (Par. 3). In analogy to what is currently in force in the eld of air navigation over international waters, the cosmic space navigation refers to the concepts of: res nullius, indicating something that is considered ownerless property, namely that nobody has a real right of property but that this right may be acquired by occupation; res communis omnium, indicating something that belongs to everyone. These principles, being included in more than one of the agreements already signed, while virtually provided for all States, are instead in favour of those advanced technology countries that are able to exploit and explore outer space. In general terms, according to the international law, the most important issue, resulted by the rise and the conduct of space activities, is about the legal regime: rockets carriers, articial satellites and spaceships and the various activities undertaken by them should be 3

2. Juridical aspects involved in space security The launch of the Soviet Sputnik on 4th October 1957 marked the rst step for the development of space activities. From that date, the exploration to the Moon and other celestial bodies has started, sending probes beyond the limits of the solar system. At the same time, the launches of rockets and shuttles to put articial satellites in orbit have steadily increased
c AIDAA, Associazione Italiana di Aeronautica e Astronautica

General V. Camporini

subjected only to the control of the States that have launched them and use the activity, or to the one of the overowed States, as aircraft and connected activities are. Legal science follows two dierent and conicting criteria to address and solve the problem of sovereignty in the cosmic space: the rst one can be dened as the space determination criterion, which assumes as a reference point the cosmic space and its boundaries; the second one may be dened as the functionalities criterion, which doesnt consider the boundaries of cosmic space, but takes into account the nature of the performed activities. The method for determining the limits of functional sovereignty of States in cosmic spaces seems to be preferred to the criterion of determining space. It is not a coincidence that the various treaties, related to principles governing the activities of states in the area of exploration and use of cosmic space, and the same United Nations Committee on peaceful uses of cosmic space (COUPOS) have debated for many years the problem of delimitation of outer space without having reached any conclusion. Because of the dierent position existing on the subject among the various states, the issue related to the denition of the boundary between the airspace, subject to the sovereignty of states, and the cosmic space, where the principle of freedom is applied, has not been resolved yet. In terms of doctrine, the main problem was to determine the legal status of the cosmic space, which is closely linked to the issue of identication of vertical borders of sovereignty in space. Under this guidance, only the outer space or lower, and then all activities that take place in it, whatever their nature, would be subject exclusively to the sovereignty of below located states. The extra-atmospheric or higher space should be free, then all activities which can be undertaken, regardless of their nature, are subject only to the sovereignty of the states that exercise them. However, as only the activities can qualify the space and not vice versa, air space can be dened as the area where air activities exploiting the density of the atmosphere are performed, while cosmic space can be dened as the place where only cosmic or space activities can be performed. Figure 1. Objects in Low Earth Orbit (LEO) - view over the North Pole (ESA)

uses of extra-atmospheric space [3], completed and extended two years later by another UN resolution (1962, dec. 1963) entitled Declaration of legal principles governing the activities States in the eld of exploration and utilization of space extra-atmospheric which is the cornerstone of outer space law [4]. In the above mentioned Declaration, member States of the United Nations solemnly stated that their action in the exploration and utilization of outer space should be based on the following principles: exploration and utilization of outer space will be done in and for the benet of the whole mankind; outer space and celestial bodies are free for exploration and use by all States on the basis of equality and in accordance with international laws; outer space and celestial bodies cannot be subject to expropriation, by proclamation of national sovereignty, on the basis of their use or occupation, or with any other means. In these statements, nine relevant principles could be found as follows: 1. exploration and utilization of cosmic space is for the good and in the interest of mankind; 2. freedom of exploration and use of outer space and celestial bodies are for all States on the basis of equality and in accordance with the International law; 3. outer space and celestial bodies are not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means; 4. international law, including the Charter of United Nations, rules the space activities of States;
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3. Main Treaties and conventions on space The rst initiative of the United Nations on space was a resolution of the General Assembly in the eld of disarmament (UN res. 1148, nov. 1957, [1]) followed by another resolution (UN res. 1721, dec. 1961) related to the International Cooperation in the peaceful

Building a Safer Space Together

5. international responsibility for national activities carried out into space falls on States; responsibility for space activities carried out by international organizations and Member States falls on such organizations; 6. States shall be guided by the principle of cooperation and mutual assistance and shall conduct all their activities in outer space with due regard for the corresponding interests of other States: appropriate international consultations shall take place in order to avoid potentially harmful interference with activities of other countries; 7. States, on whose registry an object launched into outer space is carried, shall retain jurisdiction and control over such object, and any personnel thereon, while in outer space. Ownership of objects launched into outer space, and of their component parts, is not aected by their passage through outer space or by their return to the Earth; 8. responsibility over the for damage caused in the atmosphere or in space falls on the State which carried out the launch and every other State which has made its territory and/or its facilities available to the launch ; 9. obligation is posed for each State to provide assistance to the astronauts, given as representative of mankind. Although the principles contained in the Declaration seemed to have relevance for the whole system of international laws, they havent bound rules of international law yet. These principles clearly represent an important pattern of conduct for States in respect of space; models that should be processed in conventional rules, if included in multilateral or bilateral agreements and conrmed by international practice. The years that followed the Declaration saw the development within the United Nations of ve general multilateral treaties, which established concepts included in the Declaration of Legal Principles: the Treaty on principles governing the activities of States in the exploration and use of outer space, including the Moon and other celestial bodies (resolution 2222, December 1966, enforced on 10 October 1967) [5]; the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (resolution 2345, December 1967, enforced on 3 December 1968) [8];
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the Convention on International Liability for Damage Caused by Space Objects (resolution 2777, November 1971 enforced on 1 September 1972) [9]; the Convention on Registration of Objects Launched into Outer Space (resolution 3235, November 1974, enforced on 15 September 1976) [10] ; the Agreement on the Activities of States on the Moon and Other Celestial Bodies (resolution 34/68, December 1979, enforced on 11 July 1984) [11]. These multilateral agreements, concerning various aspects of the space system, are all inspired by the principle of the free use of it. Anyways, all provisions are further specied in the dierent texts and culminates in the conclusion of the Treaty on the moon in 1979. COPUOS elaborated and submitted for approval to the UN General Assembly a number of <<Declarations on principles>> not featuring the legal strength of a treaty, but providing an internationally recognized reference for certain space-based activities: the already mentioned Declaration of legal principles governing the activities of states in the exploration and use of outer space (resolution 1962, December 1963), precursor of the Outer Space Treaty [5]; the Principles governing the use by states of articial earth satellites for international direct television broadcasting (resolution 37/92, December 1982) [12]; the Principles Relating to Remote Sensing of the Earth from Outer Space (resolution 41/65, December 1986) [13]; the Principles relevant to the use of nuclear power sources in outer space (resolution 47/68, December 1992) [14]; the Declaration on international cooperation in the exploration and use of outer space for the benet and in the interest of all states, taking into particular account the needs of developing countries (resolution 51/122, December 1996) [15]. Notwithstanding, UN General Assembly elaborated Resolutions for approval by countries, in order to reinforce and clarify some aspects of the international legal framework for space activities, avoiding the long terms of approval that an international treaty would require:

General V. Camporini

Resolution 59/115 (10 December 2004) on the notion of Launching State [16]; Resolution 62/217 (December 2007) International Cooperation in the Peaceful uses of Outer Space [17] that remarks the need to consider the space for pacic use, a good of the international community of the States, and the common interest of mankind in promoting and expanding the exploration and use of outer space, taking special care of the issue related to space debris (endorsment of the Space debris mitigation guidelines ).

system for Space Situation Awareness. Such a system, once deployed and fully operational, will allow the complete understanding and knowledge of: the space objects population; the space environment; possible threats and risks; in order to verify the respect of treaties and to maintain our space safer. In this frame, the ESA initiative on Space Situational Awareness (SSA) (nov. 2008) is welcome to build an independent European space situation awareness system aimed to guarantee peaceful use of outer space by all states, securely and safely. With this objective in mind, an agreement with Russia and the United States in order to share real time information on space debris, space trac, and space situation in general will give better chances to successfully manage the increasing risks resulting from the proliferation of space debris.

REFERENCES
1. UN Resolution 1148 Regulation, limitation and balanced reduction of all armed forces and all armaments; conclusion of an international convention (treaty) on the reduction of armaments and the prohibition of atomic, hydrogen and other weapons of mass destruction, UN - NewYork, 1957. UN Resolution 1472, International cooperation in the peaceful uses of outer space, UN - New York, 1959. UN Resolution 1721, International cooperation in the peaceful uses of outer space, UN - NewYork, 1961. UN Resolution 1962, Declaration of legal principles governing the activities of states in the exploration and uses of outer space, UN - NewYork, 1963. UN Resolution 2222, Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies, UN - NewYork, 1966. UN Resolution 2260, Report of the committee on the peaceful uses of outer space, UN - NewYork, 1967. UN Resolution 2261, United Nations conference on the exploration and peaceful uses of outer space, UN - NewYork, 1967. UN Resolution 2345, Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, UN - NewYork, 1967. UN Resolution 2777, Convention on international liability for damage caused by space objects, UN - New York, 1971. UN Resolution 3235, Convention on registration of objects launched into outer space, UN - New York, 1974. UN Resolution 34/68, Agreement governing the activities of states on the moon and the other celestial bodies, UN NewYork, 1979. UN Resolution 37/92, Principles governing the use by states of articial earth satellites for international direct television broadcasting, UN - New York, 1982. UN Resolution 41/65, Principles relating to remote sensing of the earth from outer space, UN - New York, 1986. UN Resolution 47/68, Principles relevant to the use of nuclear power sources in outer space, UN - New York, 1992.

Figure 2. graph of space debris objects (ESA)

2.

Moreover, as far as the international cooperation in the peaceful uses of outer space is concerned, the prevention of weapons deployment for their use in the space is also addressed at the United Nations Conference on Disarmament. In addition to the activities of the UN General Assembly, in charge of developing the legal framework, there is, in parallel, an activity inside the UN Conference on Disarmament. In facts, in April 2007, the Russian ambassador at UN Security Council announced a project regarding an international treaty to prevent armament in space, requesting for an ad hoc working group, within the Conference on Disarmament, in charge of providing instruments to detect space armaments and their positioning. 4. The way ahead Bearing in mind the rising importance of space assets in every day life and the relevant economic activities related to space services and applications, a safe and secure use of space is becoming a priority for the international community. A future <<code of conduct>> in space operations as well as a dened set of rules for space trac management will require in the very next future a satisfactory

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Building a Safer Space Together

15. UN Resolution 51/122, Declaration on international cooperation in the exploration and use of outer space for the benet and in the interest of all states, taking into particular account the needs of developing countries, UN - New York, 1996. 16. UN Resolution 59/115, Application of the concept of the launching State, UN - New York, 2004. 17. UN Resolution 62/217, International cooperation in the peaceful uses of outer space, UN - New York, 2007. 18. UN - UNISPACE III, United Nations treaties and principles on outer space, UN - Wien, 2008.

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