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REGULATORY ASPECTS OF PLANETARY ENVIRONMENT

PROTECTION

by

Prof. Ram Jakhu

Institute of Air and Space Law

Faculty of Law, McGill University

28 February 2007

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Purpose of this lecture

• To briefly describe relevant regulatory initiatives that have been taken to protect the earth-space environment.

• In order to better understand these initiatives, I will first outline some basic legal principles that regulate outer space activities.

Introduction

• Need of law in a society : Some sort of rules are necessary for the avoidance of chaos in a society, sometimes even to ensure its very survival (religion or social expectations).

• Human laws regulate human behavior; Humans are not perfect, thus their laws are not perfect either.

• Law is adopted only when it is necessary, both at national and international levels.

• Outer space is an international sphere, thus it has primarily been regulated by international space law, though the number of national space laws is now increasing

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Who makes space law ?

International Space Law

• The United Nations (UN) is the forum for all international matters; its Committee on Peaceful Uses of Outer Space (COPUOS) is responsible for all outer space matters, including the formulation of international space law.

National Space Law

• In Canada, Federal Parliament (in the US, the Congress) and the Government.

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1. General principles of international space law

Common interest

“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”

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Freedom • All States are free to launch and operate all sorts of

space objects without discrimination of any kind

Non-appropriation

• “Outer space … is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means”

• This prohibition applies to all States as well as to their private individual and companies

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International responsibility of, and authorization & continuing supervision, by states

• States are internationally responsibility for their national space activities whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that such activities are carried out in conformity with the 1967 Outer Space Treaty.

• The space activities of non-governmental entities require authorization and continuing supervision by the appropriate State

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International liability

• A launching State is internationally liable for damage to another State or to its natural or juridical persons by its object or its component parts on the Earth, in air space or in outer space.

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Activities that are potentially harmful to earth-space environment

Harm to the Earth/Space environment could be caused by:

(a) artificial space debris and

(b) nuclear radiation created by

(i) nuclear weapons and their tests, and

(ii) the use of nuclear reactors to provide electric power for satellites

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(a) ARTIFICIAL SPACE DEBRIS

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LEOLEO (200 kms -2,000 kms)

www.spaceref.com/redirect.ref?url=sn-callisto.jsc.nasa.gov&id=1627 ( 11.3.200411.3.2004))

GEOGEO(35,888 kms -36,000 kms)

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SPACE DEBRIS

In 1989In 1989InIn 20042004InIn 20042004

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Number of Cataloged Objects in Earth Orbit by Object

Type

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Debris creation by launching state by the end of

2006

Japan2%

France4%ESA1%

USA42%

China4%

India1%

Others3%

CIS43%

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Recent Chinese ASAT Test• On 11 January 2007, China destroyed its weather satellite

orbiting in outer space at an altitude of about 800 kilometres by using its ground-based medium-range ballistic missile

• It “shattered into thousands of pieces that were thrown into a wide range of orbits ranging in altitude from 3,800 km. on the high end down to about 200 km. at the lowest.”

• Nicholas Johnson, NASA's chief scientist for orbital debris: the Chinese ASAT test, "is by far the worst satellite fragmentation in the history of the space age, in the past 50 years.”

• David McGlade, CEO Intelsat, the biggest commercial space company: “the recent Chinese anti-satellite (A-Sat) test, which resulted in a cloud of space debris … might deny the advantages of space to future generations.”

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Seriousness of the debris problem • Only about 6% of 7500 catalogued objects are active satellites. Space debris also

comprise of objects smaller than 10 cm, which are not tracked. Their number ranges from 30 000 to 100 000.

• Space debris can damage or even destroy an active satellite or injure or even kill an astronaut.

• Space debris hit regularly the American space shuttle; its windows have been replaced over 80 times due to debris impacts.

• On July 24, 1996, the French microsatellite CERISE was hit and damaged by a fragment of the third stage of Ariane rocket flight 16.

• Current risk level is low, but the space environment is becoming increasingly polluted with space debris.

• The ripest target for orbital debris is the International Space Station, since (a) it will be the largest object ever placed in space and (b) it will function for about 30 years. Some say that the ISS may be a disaster waiting to happen.

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International initiative on space debris

• The 1967 Outer Space Treaty general principle on environment (to be mentioned later)

• The United Nations: • Since 1999, the UN has been studying the

problem….and compiling National Research results • Countries inform the Secretary General of the UN

regarding stages of their space missions and debris control actions

• HOWEVER, NO SPECIFIC DECISION AND ACTION ON INTERNATIONAL REGULATORY CONTROL

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National initiatives on space debris

The USA :• The 1988 National Space Policy: "all

space sectors will seek to minimize the production of space debris."

• The 1996 NASA Policy:- Deplete on-board energy sources

after completion of mission- Limit orbit lifetime after mission

completion to 25 years - Limit the generation of debris

associated with normal space operations

- Limit the risk from space system components surviving reentry as a result of post-mission disposal

1997 US Department of Defense policy directive on space debris:

• First priority is given to making the satellite safe.

• Second priority is to transfer the satellite to a disposal orbit as follows:

-LEO (Defense Meteorological Satellite): Transfer them to a disposal orbit with a lifetime no longer than 25 years

-GEO (FLTSATCOM, Milstar): Boost to an orbit at least 300 km above GEO

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US initiatives important, but limited

• US initiatives - the most extensive one in the world - could provide incentive to other countries.

• However, their effectiveness is limited since:

(a) they are seen as unilateral imposition of US policy on others; and

(b) they are viewed as road blocks for the adoption of international law and policy.

• Since a single accident could create hazards for activities of all countries, regulatory initiatives must also be taken at the international level

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National initiatives on space debris (cont.)

1. With respect to Ariane launch vehicles, the FRENCH National Centre for Space Studies (CNES) follows the following practice:

(a) the orbiter must be rendered passive, which means that residual propellants must be depleted and the tanks depressurized;

(b) the use of solid propulsion in orbit is prohibited (they create clouds of aluminum particles);

(c) payload separation systems and multiple launching structures must not generate any debris;

(d) pre-flight mission analysis must make it possible to guarantee that there will be no collision between objects in orbit.

2. CANADA:

In order to minimize the creation of space debris, the Canadian Radarsat program established a system-level requirement that any solid debris be contained. That is, all contractors were required to design a system such that no debris would be released by the spacecraft during its deployment in orbit.

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(b) Nuclear radiation

Could be created by

(i) nuclear weapons and their tests, and

(ii) the use of nuclear reactors to provide electric

power for satellites

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International obligation to avoid contamination

• States must conduct exploration in outer space and on celestial bodies (including the Moon) so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter

• This is a very general statement which needs to be made precise and effectively implemented

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No nuclear weapons & weapons of mass destruction in space

• Do not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.

No nuclear tests in outer space

• States are required to prohibit, to prevent, and not to carry out any nuclear test explosion, at any place in the atmosphere and outer space

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Use of nuclear reactors to provide electric power for satellites

• For some space missions nuclear power sources are particularly suited or even essential owing to their compactness, long life and other attributes (e.g. Cassini spacecraft launched on 15 October 1997 on its interplanetary mission is powered by a small nuclear reactor)

• The use of nuclear power sources in outer space must be restricted to those space missions, which cannot be operated by non-nuclear energy sources

• States using nuclear power sources in space are required to protect individuals and biosphere against radiological hazards

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Duty to notify of re-entry

• A State launching a space object with nuclear power sources must, in a timely fashion, inform all States concerned, in the event this space object is malfunctioning with a risk of re-entry of radioactive materials to the Earth

Assistance to States

• After re-entry into the Earth's atmosphere of a space object with a nuclear power source on board and its components, the launching State must promptly offer and, if requested by the affected State, provide promptly the necessary assistance to eliminate actual and possible harmful effects

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Cosmos disintegration over Canada

• On 24 January 1978, the Soviet space object, Cosmos 954, with a nuclear reactor, entered the earth's atmosphere intruding into Canadian air space

• On re-entry and disintegration, it deposited space debris on Canadian territory, and caused damage, including nuclear damage to Canadian property

• The Soviet Union was obliged to compensate Canada for causing this radioactive damage

• Canada claimed from the USSR a sum of $ 6 million

but finally it accepted $ 3 million in full and final settlement

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2. Canadian national law

• No person shall launch a rocket, other than a model rocket or a rocket of a type used in a fireworks display, without an authorization issued by the Minister (i.e. Transport Canada).

• The Minister may issue such an authorization where the launch of the rocket is in the public interest and is not likely to affect aviation safety.

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Application process

• Launch applicant must describe : plan of operation; safety processes; mission; environmental issues; final orbital parameters; etc.

• Transport Canada - will inspect and monitor to ensure compliance with established safety regulations, standards and procedures.

• Launch applicant – is required to obtain liability insurance upto an amount sufficient to compensate the maximum probable loss from claims by a third party for death, bodily injury, or loss of or damage to property, by the authorized launch activities.

• Launch applicant – is required to indemnify the Government of Canada if the Government is held liable under international treaties.

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Increasing militarization of space will increase contamination of outer space

• Gen. Joseph W. Ashy , the Commander in Chief of the U.S. and the Commander of the U.S. Air Force Space Command:

“It is politically sensitive, but it’s going to happen. Some people don’t want to hear this, …. absolutely we’re going to fight in space. We’re going to fight from space and we’re going to fight into space when [orbital assets] become so precious that it’s in our national interest [to do so]. That is why the U.S. has development programs in directed energy and hit-to-kill mechanisms. We are developing direct-force applications”.

(Cited in William B. Scott, “USSC Prepares for Future Combat Missions in Space”, Aviation Week & Space Technology, 5 Aug. 1996, p.51; also cited in Karl Grossman, “Master of Space”, Space News, 31 Jan. 2000, p. 15.)

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Conclusions

• access to and use of outer space is steadily becoming dangerous and difficult;

• increasing privatization, and militarization of outer space will increase contamination of the earth-space environment;

• at present increasing contamination of the Earth, outer space and other planets is not a priority for law-makers; and general public is not fully aware of this problem;

• it is necessary to take appropriate international and national regulatory measures as soon as possible, lest it becomes too late.

!!! THANK YOU FOR YOUR ATTENTION !!!