future of the draft international code of conduct as the
TRANSCRIPT
Future of the Draft International Code of Conduct as the Linchpin of the Space Security and Safety
Setsuko AOKI, D.C.L.
Professor, Keio University, Japan
4 March 2016 International Symposium On Ensuring Stable Use Of Outer Space
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Table of Contents I Principles of the existing international space law 1 forum to make international space law 2 basic principles of the UN treaties on outer space II Draft International Code of Conduct (ICoC) for Outer Space Activities 1 Path to to the ICoC: Various TCBM efforts 2 Contents of the draft ICoC III Concluding Remarks: ICOC as the linchpin of Space Security and Safety
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I Principles of the existing international space law 1 Forum to make international space law
UN Committee on the Peaceful Uses of Outer Space (COPUOS) A subsidiary organ of the UN General Assembly Permanent organ since 1959 83 States as of today Organization: (i) Scientific and Technical Subcommittee (STSC) (ii) Legal Subcommittee (LSC) (iii) Main Committee Consensus-based decisions since 1962
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UN Space Treaties A/AC.105/C.2/2015/CRP. 8 (8 April 2015)
Signature/ entry into force
Name of the treaty Number of states parties
1967 Outer Space Treaty (OST) 103
1968 Rescue and Return Agreement 94
1972 Liability Convention 92
1975 1976
Registration Convention 62
1979 1984
Moon Agreement 16
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UN General Assembly Resolutions, etc. (soft law) Principles and declarations on the use of:
1 1982 Direct Broadcasting Satellites 2 1986 Remote Sensing Satellites 3 1992 Nuclear Power Sources 4 2000 Geostationary Orbits Declaration and Recommendations on: 1 1996 Space Benefits 2 2004 Launching States 3 2007 Enhancing the Practice on Registering Space Objects 4 2013 National Space Legislation COPUOS Resolution and Framework (not a GA Resolution) 2007 Space Debris Mitigation Guidelines (STSC) →endorsed by the UNGA in 2007 2009 Safety Framework for Nuclear Power Source Applications in Outer Space (STSC/IAEA) →endorsed by the UNGA in 2010
Not legally-binding, but only recommendatory
Not a single treaty made for more than 35 years in the COPUOS
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2 Basic principles of the UN treaties on outer space 1 Space exploration and use = province of mankind (Freedom of
space activity) 2 Non-appropriation 3 Prohibition of military activities on the celestial bodies; and
prohibition of stationing weapons of mass destruction in outer space
4 unique regime: liability of “launching States” 5 Protection of the space environment (prohibition of the harmful
interference)
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Article IV of the Outer Space Treaty (OST): States Parties to the OST undertake in outer
space: 1) not to place in orbit around the Earth any
objects carrying nuclear weapons or any other kinds of weapons of mass destruction; and
2) not to station such weapons in outer space in any other manner.
outside the scope of the prohibition - conventional weapons - earth to space to earth (ballistic trajectory)
Earth
celestial bodies
X a. military bases, installations and fortifications X b. testing of any type of weapons X c. conduct of military maneuvers
celestial bodies shall be used exclusively for peaceful purposes
Only WMD prohibited in outer space
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Art. IX of the Outer Space Treaty protection of the space environment
1 due regard to the corresponding interests of all other States Parties;
2 to avoid harmful contamination in outer space; and 3 the possibility of the potentially harmful interference with
activities of other States Parties prior consultation
insufficient rules on debris mitigation
II the draft International Code of Conduct (ICoC) for Outer Space Activities
1 Path to the ICoC: Various TCBM efforts 2 Contents of the ICoC
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1 Path to the ICOC (1) Conference on Disarmament (CD) 1979-
9 proposals (incl. 3 draft PPWT (2002, 2008, 2014) to the comprehensive ban of the weapons in space and various proposals to ban Anti-Satellite (ASAT) weapons No consensus reached to enter a negotiation for more than three decades CBM (TCBMs since 2005) ideas as a first step (esp. 1990s-)
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What shall be banned: definition issues (incl. design based, or capability based);
deployment/target position, etc.
Verification issues
(2) UN Group of Governmental Experts (GGE)
Goal: to produce a consensus report which outlines recommendations on CBMs/TCBMs (1)established in 1990 →Report (144 pages) published in 1993 satellite monitoring (PAXSAT A, ISMA, etc. ); strengthened registration of space objects; keep-out zones; launch inspection, etc.
(1)Established in 2011 → report published (22 pages) in 2013 Recommends int’l CoC
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(3) HCOC
2002 International Code of Conduct against Ballistic Missile Proliferation (HCOC)
93 states 1３7 states (Feb. 2016) *pre-launch notification *annual declaration of the SLVs policies *annual notification of the record of the previous year *voluntary international inspection * compliance with the tenets of space law
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2 Contents of the ICOC (1) history 2007 EU (Portugal) proposal to the UNGA 1st Committee on the elaboration of
the ICoC as a response to the request by the UNSG on a concrete TCBMs 2008 EU Code of Conduct adopted (amended in Sept. 2010 & June 2012) Jan. 2012 declaration of the US Secretary of State to make an ICOC May 2013 Open-ended consultations (1st) Sept. 2013 draft ICOC published Nov. 2013年 Open-ended Consultations (2nd ) March 2014 Revised draft ICOC = Current draft May 2014 Open-ended Consultations (3rd) July 2015 multilateral negotiations on the International CoC
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ICOC amended 4 times since 2008
(2) Structures
Preamble I. Purpose, Scope and General Guidelines II. Safety, Security and Sustainability of Outer Space Activities III. Cooperation Measures IV. Organizational Aspects
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(3) I. Purpose, Scope and General Principles The purpose of the ICOC = safety, security and sustainability Nature: TCBMs, complimenting the current legal framework non-legally binding Scope: all activities= civil, commercial & military General Principles: adherence to the current legal frameworks To promote the development of guidelines safety and security + long-term sustainability (not adopted in the COPUOS/STSC as of 2016 (originally planned to be finalized in 2012)
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(4) II. Safety, Security and Sustainability of Outer Space Activities to minimize the risk of accidents + collisions + harmful interference (incl. ITU rules on spectra) To refrain from damage or destruct of space objects exceptions: i) safety considerations (ex. protect human life); ii) to reduce the creation of space debris; or iii) the inherent right of self-defense
Guideline 4 of the Space debris
guidelines
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(5) III. Cooperation Measures 1. notification
Notification on the actions which could affect the safety of other States space activities - Pre-notifications of the launch; - Scheduled maneuvers; - Predicted high-risk re-entry - Predicted conjunctions; - Malfunctions of space object - On-orbit Collisions and break-ups taken place;
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*Above a certain threshold + to
potentially affected States
(cont’d) information exchange/provision Information sharing: periodical and when needed: - Space strategy/policy (incl. security related); - space programs; - efforts to comply with the international space law and
frameworks; - Information on space environment/forecasts from its SSA Promote international cooperative programs (mutually acceptable basis such as technology safeguards arrangements)
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(cont’d) transparency by the information - Familiarization visits - Expert visits to space launch sites, etc.
- Observation of launches of space objects; - Demonstration of rockets and other space-related technologies; - Dialogues to clarify information; and - Workshops & conferences Consultation mechanism for peaceful settlements of disputes
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Repeated proposals in the CD
Elaboration of Art. 10, OST
HCOC
(6) IV Organizational Aspects
-annual meetings and ad hoc meetings to further develop this ICoC + facilitation →possible reporting of the outcome to the UNGA, COPUOS, CD, etc. - A Central Point of Contact (Secretariat of the ICoC) - Electronic database (exclusively for the Subscribing
States) and communications systems through which: notification dissemination, information sharing, etc.
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III Concluding Remarks: ICOC as the linchpin of the Space Security and Safety
Issues: Procedural: outside the UN v. in the UNGA Substantial: remaining differences on several provisions including the possible destruction/damage of space objects to protect the safety of human life; to reduce the creation of space debris----(para. 4.2) 22
(cont’d)
Issue of international space law One of the launching States registration of space object
Jurisdiction and control (J and C) Space debris (already nonfunctional satellite) cannot be
taken away no matter what without the consent of the State which “retains” J and C?
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(cont’d) ICOC is a first step for enhancing the security, safety and sustainability of outer space Grand sum of the reasonable TCBMs for the last several decades ICOC is the survivor in its substance, minimum necessity, and therefore, this is the solid platform on which we have to work on the order for the peaceful uses of outer space.
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