International Law and Space Sanel Bejdic & Timothy Margolf INTL-5030-01 Professor, Julie A.

Fix

In September of 1962 at Rice University, Houston Texas, President of United States of America, John F. Kennedy in his speech said, We choose to go to the moon. We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win, and the others, too. Little he knew that in only half a century technology will become so advanced and new unexplored area of outer space will become possible. History of International Law and Space International Law applies to outer space and is free for use by all countries. Development of space law in early 20th century and history was broadly internationally based. First idea was written on paper by Belgian lawyer, Emile Laude but it was just generic term because in that time science and international community was undeveloped and outer space was just imagination and out of reach. In 1926, Soviet senior official of Ministry V.A. Zazar recognized the basic altitude and operational differences between air and space flights, just like Emile Laude thought of need for separate legal regime to regulate use of air space and outer space. Between 1910 and 1957 outer space development were just ideas which were written on paper by intellectuals, also idea of exploring the outer space was hard because world was in war. World War I and World
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War II set back scientist from developing technology to explore the outer space. After World War II things started moving quicker and in 1957 first worlds artificial satellite, Sputnik 1 was launched into Earths Orbit. The United Nations fairly new organization saw the need to provide a new framework for space activities which United States of America and United Soviet Socialist Republics were pursuing. In 1958 United Nations initially set up committee to manage framework for space exploration activities. The Committee on Peaceful Uses of Outer Space was created in 1959 and included United States of America, United Kingdom and United Soviet Socialist Republics. With establishment of The Committee on Peaceful Uses of Outer Space, the international government and law making process had begun.

United Nations and International Space Law Treaties Five treaties of Space Law: Treaty on principles governing the activities of states in exploration and use of outer space, including the Moon and other celestial bodies (resolution 2222). Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (resolution 2345). Convention on international liability for damage caused by space objects (resolution 2777). Convention on registration of objects launched into outer space (resolution 3235). Agreement governing the activities of states on the moon and other celestial bodies (resolution 34/68).

Treaty on principles governing the activities of states in exploration and use of outer space, including the Moon and other celestial bodies (resolution 2222) was entered into force in October 1967 and signed by the Russian Federation, U.K., and U.S.A. The treaty provides the framework for International Space Law under principles, which include: Exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind. Outer space shall be free for exploration and use by all States and is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner. The Moon and other celestial bodies shall be used exclusively for peaceful purposes. Astronauts shall be regarded as the envoys of mankind. States shall be responsible for national space activities whether carried out by governmental or non-governmental entities, and shall be liable for damage caused by their space objects, and states shall avoid harmful contamination of space and celestial bodies. Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (resolution 2345) was entered into force on December 1968 and is an extension of the Outer Space Treaty articles 5 & 8. Principles of treaty include, states shall take all possible steps to rescue and assist astronauts in distress and promptly return them to the launching State and States shall, upon request, provide assistance to launching States in recovering space objects that return to Earth outside the territory of the Launching State.

Convention on international liability for damage caused by space objects (resolution 2777), was entered into force in September 1972 and is extension of Article 7 of the Outer Space Treaty. Principles of treaty include: A Launching State shall be absolutely liable to pay compensation for damage caused by its space objects on the surface of the Earth or to aircraft, and shall be liable for damage due to its faults in space. It also provides procedures for the settlement of claims for damages. Convention on registration of objects launched into outer space (resolution 3235), entered into force in 1976, and as of January 2011, 4 states have signed and 56 states have acceded/ratified. 2 international intergovernmental organizations have declared their acceptance of the rights and obligations of the convention. Treaty provides that the States shall provide to the U.N. information regarding items launched into outer space, including: name of the Launching State, designation of the space object and its registration number, date and location of the launch, The orbital parameters, and the general function of the space object. Agreement governing the activities of states on the moon and other celestial bodies (resolution 34/68) was entered into force in July 1984 and elaborates on the Outer Space Treaty provisions regarding the Moon and other celestial bodies. Principles of treaty include that they should be used for peaceful purposes, and their environments should not be disrupted. The United Nations should be informed of any stations established on those bodies, and sets up that the Moon and its natural resources are the common heritage of mankind.

Issues Facing International Space Law

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When talking about issues in outer space and international law, one may consider of talking about military use of outer space, space junk and space tourism. Military use of outer space takes on similar status as the high seas under international law. However military is largely using outer space in their strategic warfare planning. Use of global position satellite is popular by most world military forces. Satellites are used to take photographs and life video streams of enemy positions, which are then used in war rooms by high ranking officials for their warfare strategic planning. Fighter jets use global position satellite guided missiles to infiltrate their targets and to destruct enemy high risk points. In case of Srebrenica in Bosnia and Herzegovina in 1995 NATO troops used an American fighter jets F-16 Fighting Falcons and F117 Stealth as interceptor aircrafts in no fly zone. Aircrafts were equipped by digital cameras which took photographs of terrain and transmitted during flight from aircraft via satellite to Aviano Air Force Base, where analysts reviewed footage and determined if mass graves were located at certain coordinates. Outer space can be used in good way by military, but there is also negative side of technology that is orbiting in outer space. Negative side is that not all world countries comply with international law and treaties and therefore one of those countries may decide to use satellite technology to launch nuclear warfare which can bring the world as we know to total destruction. Space Junk is any manmade object which has been left in outer space or on celestial body after its use has expired. As of today there are approximately 200 dead satellites in outer space orbit. States are under an international obligation to respect the environment of states beyond their territory and control. Each state is responsible for cleaning their junk in order to preserve safe voyage for further exploration of outer space.

Space Tourism is any commercial activity offering customers direct or indirect experience with travel into outer space. As of right now only super wealthy individuals are eligible to afford such a travel. In near future that may change as we get more technologically advanced. Few corporations are working on creating space aircrafts which will make space travel more affordable. As space travel gets to high speed new treaties and laws will be declared. In conclusion, international law and outer space is based on any common law in our hemisphere only difference is that we still do not know what is on other side of outer space. Treaties are written and committees formed to overlook activities in outer space by states. Just as standard international law may have issues, outer space has its issues too. Some of them are military use of outer space which has its positive and negative side. Environmental issues which are very controversial in many aspects of international law and last but not least is that of space travel.

References Doyle, S. E. (2002). The origins of space law and the International Institute of Space Law of the International Astronautical Federation. San Diego: Univelt. Listner, M. J. (2003). The Ownership and Exploitation of Outer Space a Look at Foundational Law and Future Legal Challenges to Current Claims. New Hampshire : New Hampshire Bar Journal . Quote of the moment: John F. Kennedy, We choose to go to the Moon Millard Fillmore's Bathtub. (n.d.). Millard Fillmore's Bathtub. Retrieved May 16, 2012, from http://timpanogos.wordpress.com/2009/07/24/quote-of-the-moment-john-f-kennedy-wechoose-to-go-to-the-moon/ United Nations . (n.d.). United Nations Office of Outer Space Affairs. Retrieved May 14, 2012, from www.oosa.unvienna.org/en/SpaceLaw/treaties.html