Planetary protection: lessons learned

Introduction: the increasing number of space objects in orbit and the absence of uniform international standards for space traffic management pose a threat to the safety of spaceflight and increase the risk of debris formation. In light of modern technical and economic developments, it is essential to develop a legal framework for the regulation of space traffic. Purpose: the article aims to analyze the legal aspects of international space traffic management, including relevant rules of current international space law; to identify key components of a potential legal regime; to assess current initiatives in this field and explore the prospects for their implementation based on ongoing discussions within the UN Committee on the Peaceful Uses of Outer Space. Methods: the comparative legal method and legal doctrinal analysis were applied in this work, along with the study of international treaties, national legislation, doctrinal sources, and initiatives from international organizations. Results: the study has shown that current international space law lacks a comprehensive mechanism for managing space traffic. Two potential models for its development are considered in the article: a ‘bottom-up’ approach (harmonization of national regulations) and a ‘top-down’ approach (creation of a universal international agreement). The proposals of the International Academy of Astronautics and the UN Committee on the Peaceful Uses of Outer Space were analyzed, including ideas related to enhancing situational awareness in space and utilizing the ICAO's experience in coordinating space flights. Conclusions: the development of an international legal framework for space traffic management necessitates the creation of unified international standards, including maneuvering rules, a data exchange system, and legal liability mechanisms. Further research should consider not only the interests of spacefaring nations but also those of developing states as well as technological developments intended to ensure the safety and sustainability of space activities.

Iran's first endeavor in space dates back to 1958 when established the United Nations ad-hoc Committee on the Peaceful Uses of Outer Space with other 17 countries(later changed its name to the Committee on the Peaceful Uses of Outer Space : COPUOS). Because of an 8 year imposed war following the Islamic revolution (1979), the country's space activities were halted until 2004 when Iranian Space Agency was established. In this article the structure of ISA and its changes to meet the needs of coordinating with international space law will be reviewed. We will go through rules and regulations according to private space activities and their shortcomings and at the end there are some recommendations to improve private sector's role in this regard.

During 2011, the Space Law Committee of the International Law Association (ILA) focused a good part of its efforts on discussing state-of-the-art advances in the field of space debris. At the same time, its members followed the presentations made by states at the fiftieth session of the Legal Subcommittee (LSC) of the UN Committee on the Peaceful Uses of Outer Space (COPUOS), which was held from 28 March to 8 April in Vienna, Austria. Another important contribution on the matter was made by the International Institute of Space Law (IISL) at its fifty-fourth Colloquium on the Law of Outer Space, which was held on 3-7 October in Cape Town, South Africa, where participants addressed space debris issues from a strong inter-disciplinary platform. Further and substantial developments are expected for 2012. In the first place, the presentations to the LSC of COPUOS at its fifty-first annual session will include reports on domestic measures taken in compliance with the 2007 COPUOS Guidelines on Space Debris Mitigation. Just as important will be the proposals and recommendations to be submitted by the ILA Space Law Committee in its fifth report to the seventy-fifth conference of this institution, which is to be held in Sofia, Bulgaria, on 26-30 August 2012. In fact, one of the chapters of the report addresses space debris in a new light observing that, since the COPUOS Guidelines on Space Debris Mitigation are not binding and are only applied on a voluntary basis, this system does not seem to be strong enough given the increasing amounts of commercial space activity. Consequently, space debris risks are increasing at a similar pace. Furthermore, and as noted in previous reports for this yearbook, it remains a matter of concern that these guidelines were developed with no involvement whatsoever by the LSC of COPUOS and that they were not adopted by consensus at the UN General Assembly (UNGA) in 2007. Likewise, but indeed less clear, is the issue of space debris caused by military satellites, and this issue remains unresolved.

: The international problems involved in the use and control of outer space are studied. An analysis is made of the United Nations Committee findings on the Peaceful Uses of Outer Space.

This article argues that the content of the legal term “peaceful purposes,”as used in international space law is changing. Peaceful Purposes as understood throughout the bulk of the Space Age has encompassed not only the UN Charter’s prohibitions on the use of force, but also a number of customary international law principles that enhanced it beyond mere non-aggression. Through an examination of state practice with regards to the military uses of outer space, this article concludes that the legal content of peaceful purposes is eroding towards an alignment with “non-aggressive” as understood in the law concerning the use of force. Specifically, this article argues that geopolitical and technological changes are encouraging states to pursue disruption in the space environment rather than stability, and this has been matched with state practice and rhetoric that exhibits that states are moving toward more offensive, rather than defensive, stances in the space environment.

Introduction. The article analyzes the current situation in the use of outer space, which is characterized by the expansion of outer space activities, increased competition and a dangerous trend of the possible placement of weapons in outer space. After examining the existing international outer space law, the author identifies gaps in international treaties that must be addressed in order to prevent the deployment of weapons in outer space. Particular emphasis is placed on the study on the assessment of effectiveness of international legal efforts of the Russian diplomacy in dealing with this urgent task.Materials and methods. The methodological basis of the study comprises general scientific methods of knowledge: analysis, synthesis, induction/deduction, analogy, as well as special scientific methods: comparative legal, formal legal and statistical methods.Results of the study. It was revealed that international outer space law has been developing from the beginning in the logic of limitations on the military use of outer space. However, they are selective and permit the deployment in outer space of non-nuclear weapon systems. There is a real threat of weapons being deployed in outer space especially because the USA is not even hiding such an intention. A number of negotiating bodies exist to eliminate this threat by international legal means. Russia continues an active diplomatic work in the UN, at the Conference on Disarmament and other locations. The author demonstrates that support for Russian initiatives is growing, but they are persistently confronted by the United States and their allies.Discussion and conclusion. Based on the results of the analysis and expert opinions the author advances specific proposals in support of Russia’s diplomatic efforts to prevent confrontation in outer space. It is recommended that the number of countries which pledged not to be the first to place weapons in outer space should be expanded; that this subject should be included in the BRICS documents; that the second conference on peaceful use of outer space dedicated to the 60th anniversary of the Yuri Gagarin space flight should be to be held in Moscow in 2021.

Chapter 24 - Regulations for future space traffic control and management

The purpose of this research is to provide a comprehensive international legal analysis of the concept of common heritage of mankind as it exists in international space law. In this article scientific methodological approach was used which facilitate determination the whole canvas of the research, identify the main aspects and concepts of the study. The author also widely investigated the concept of common heritage of mankind in the practice of States and international organizations and bodies. Since mankind succeeded to access outer space and opened the window of this infinite realm, the effort was made to systematize spatial activities by codification and adoption numerous international treaties and declarations. One of the significant result of these efforts was the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies that adopted by the United Nations Committee on the Peaceful Uses of Outer Space by consensus on 5 December 1979, declares the Moon and other celestial bodies to be the common heritage of mankind. This Agreement has never been ratified by any State that engaged in self-launched manned space exploration or has plans to do so and thus has an insignificant effect on spatial activities. This article analysis the concept of common heritage of mankind that consists of five elements: non-appropriation, international management of resources, sharing of financial and technological benefits, reservation for peaceful purposes and reservation for further generations. It is shown that the Moon Agreement applying the concept of common heritage of mankind to outer space, Moon and other celestial bodies which has been presented by developing countries to preserve essential resources, always been associated with some problems. Also, on the one hand, there is an attempt to scrutinize these obstacles that prevent applying this concept by paying attention to its challenges. On the other hand, author presents some solutions to strengthen this concept in outer space legal system and motivate space powers to join the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.

International Cooperation in the Peaceful Uses of Outer Space Report of the Legal Sub-Committee of the U.N. Committee on the Peaceful Uses of Outer Space on the Work of its Sixth Session* - Volume 6 Issue 6

(A Study on the Governance of the Global Commons)

In anticipation of the upcoming sixtieth anniversary of the Outer Space Treaty in 2027, the seventieth anniversary of the first sessions of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) in 2028, and in light of the accelerating growth and diversity of space activities in Low Earth Orbit (LEO), this article is a snapshot of where we are at today in international space governance. This short survey focuses on LEO activities, highlighting key trends and topics. It examines how limited regulation of LEO activities affects the interpretation and application of core rights and obligations in international space law.

In face of the growing exploration of space by humanity, at first this work aims to synthesize a little information from Space Law based on legislations and discussions on the subject. Going further, the main focus of the project are the space debris and its mitigation guidelines of the United Nations Committee on the Peaceful Uses of Outer Space. The possible consequences of non-compliance with these standards for orbits around the Earth have been investigated and the scenario at the date of approval of the document implementing the guidelines at the UN has been compared with the current scenario in order to verify the impact of the measures summarized therein on the missions launched since then.

The current state of development of outer space law faces significant challenges arising from new space exploration and exploitation activities. In this context, several States, under the auspices of the United States, signed in October 2020 the «Artemis Accords. Principles for cooperation in the civil exploration and use of the Moon, Mars, comets and asteroids for peaceful purposes». This paper examines the possible contribution of these Accords to the consolidation of a paradigm shift in the Law of Outer Space, especially in relation to two aspects. On the one hand, with respect to their own development, as they were adopted outside the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), the forum in which space law has historically been configured. Second, in relation to the legal regime of space resources, by consolidating an interpretation of the principle of non-appropriation that legitimizes their exploitation.

In the first instalment of this article, the author examined why the United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS), established to make international law of outer space, stopped making outer space treaties, and how did the International Institute for the Unification of Private Law (Institute International pour l’unification du Droit Privé or UNIDROIT), a non-UN entity established to unify private law, created with its 2012 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets (Space Protocol) what is allegedly the first outer space treaty in (then) thirty-two years. The UNCOPUOS system of public international law treaty-making was compared with the UNIDROIT private international law one; and the question as to whether the UNIDROIT has created a new method of treaty-making. The author now advances recommendations for the UNCOPUOS to produce hard law to cure this unsatisfactory situation. He concludes that the Space Protocol can only form part of space law if one accepts a fourth stage of development of space law as part of a redefining of space law sensu lato, and although multilateral treaty-making is no longer the most appropriate tool for meeting the new needs and requirements, treaties cannot be ignored in international space legislation.

Progress in basic space science education and research: The UNBSSI