OUTER SPACE LEGAL SUBCOMMITTEE TO HOLD THIRTY-FIFTH SESSION IN VIENNA, 18 MARCH - 4 APRIL
Press Release
OS/1720
OUTER SPACE LEGAL SUBCOMMITTEE TO HOLD THIRTY-FIFTH SESSION IN VIENNA, 18 MARCH - 4 APRIL
19960315 Background Release To Focus on Definition of Outer Space, Equitable Use of Geostationary Orbit; Sharing of Benefits of Space Research; Use of Nuclear Power SourcesVIENNA, 14 March (UN Information Service) -- Issues relating to legal aspects of space exploration and research will be the focus of attention at the thirty-fifth session of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space, which begins a three-week session here on Monday, 18 March.
The 61-member Subcommittee, one of two subsidiary bodies of the Committee, is expected to concentrate on three main issues which have been under consideration at its previous sessions:
-- Whether there is a need to review or revise the principles adopted by the General Assembly in 1992 governing the use of nuclear power sources in outer space, in light of subsequent technological developments;
-- How to arrive at a commonly agreed definition and delimitation of outer space and how to ensure the rational and equitable use of the geostationary orbit, without prejudice to the role of the International Telecommunication Union (ITU); and
-- Draft principles aimed at ensuring that all States share the benefits of space exploration and research.
Following the first day's meetings, Subcommittee delegates will take part in a Symposium on Protection of the Space Environment, during which experts from several countries will brief them on the status of world-wide efforts to deal with space debris. The Symposium is co-sponsored by the Paris-based International Institute of Space Law and the European Centre for Space Law.
The Subcommittee will also hold extensive consultations on its working methods and agenda, including the consideration of possible additional items. On all the above issues, the Subcommittee has been requested by the General Assembly to take into account the concerns of all countries, particularly those of the developing ones.
The current session of the Subcommittee follows a meeting last month of the Outer Space Committee's Scientific and Technical Subcommittee, which considered the same issues from a technical standpoint.
Background on Subcommittee
Over the years, the Legal Subcommittee has engaged in exhaustive discussions on controversial issues in an effort to formulate universally acceptable international agreements on a wide range of space-related issues, including the rescue of astronauts, remote sensing of earth from space, the use of television broadcasting satellites and liability for damage caused by space objects. As a result of those efforts, the Outer Space Committee has produced five international treaties and four sets of principles which form the basis of international space law and policy.
The five treaties are: the 1966 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies ("Outer Space Treaty"); the 1967 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space ("Rescue Agreement"); the 1971 Convention on International Liability for Damage Caused by Space Objects ("Liability Convention"); the 1974 Convention on Registration of Objects Launched into Outer Space ("Registration Convention"); and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies ("Moon Agreement"). The four sets of principles are: the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (1963); the Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982); the Principles Relating to Remote Sensing of the Earth from Space (1986); and the Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992).
At its current session, the Legal Subcommittee will explore whether Member States see a need to elaborate similar treaties or sets of principles on outstanding issues and will also continue its work on other areas. A spirit of consensus and compromise has characterized the Subcommittee's recent sessions following dramatic changes in the international political environment.
The Subcommittee's recommendations will be submitted to the next session of the Outer Space Committee, to be held in Vienna from 3 to 14 June.
Use of Nuclear Power Sources in Outer Space
The Assembly adopted a set of "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" on 14 December 1992. The Principles, which had been elaborated by the Legal Subcommittee over the course of more than 10 years, spell out the duties and responsibilities of States operating
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nuclear-powered satellites, space vehicles and other devices, and lay down guidelines for their safe operation. At that time, the Assembly asked the Subcommittee to consider the possibility of updating those principles. In that connection, the Subcommittee will review relevant technical and scientific developments in the field, as presented by the Scientific and Technical Subcommittee.
With an ever-increasing number of operative and defunct objects in outer space, some of them nuclear-powered, and with a mounting accumulation of debris fragments in Earth orbit, serious concern has been raised about the risk of collisions between nuclear-powered devices and other space objects. There is general agreement, however, that the Legal Subcommittee should consider revising the Principles only upon receiving technological justification from the Scientific and Technical Subcommittee and that, meanwhile, the Principles shall remain in effect.
Definition and Delimitation of Outer Space, Geostationary Orbit
In debating the definition and delimitation of outer space and the equitable use of the geostationary orbit, the Subcommittee will continue to discuss a working paper submitted by Colombia in 1993, proposing a new regime to regulate access to the orbit. Colombia and a number of other countries are seeking the establishment of a special and complementary legal regime aimed at ensuring the rational, effective, economical and equitable use of the geostationary orbit, with preferential rights for developing countries in reserving suitable orbital positions and frequencies.
During the Subcommittee's last session, differing views were expressed on the question of special regulations for the use of the orbit. Some delegations felt there was no need for such regulations, as the ITU has been successfully overseeing the orbit's rational and equitable use. Others believed that, notwithstanding the work of the ITU, a special legal regime was needed to ensure equitable access by all countries, particularly the developing countries.
The geostationary orbit is located approximately 22,300 miles directly above the Equator and is the only orbit that permits continuous contact between a satellite and a single ground station. Satellites in that orbit appear to be stationary in the sky, as their orbit is synchronized with the Earth's rotation.
Use of Outer Space to Benefit All States The Subcommittee has been asked by the Assembly to continue considering legal aspects related to the application of the principle that the exploration and utilization of outer space should be carried out for the benefit and in the interests of all States, taking into particular account the needs of developing countries.
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In that regard, discussion will continue to centre on three proposals. One is a set of draft principles co-sponsored by Brazil, Chile, Colombia, Egypt, Iraq, Mexico, Nigeria, Pakistan, Philippines, Uruguay and Venezuela -- a revision of a paper originally submitted five years ago by Brazil. It would urge States with relevant space capabilities to foster international cooperation in outer space science and technology and in their applications. Governments engaged in space activities would also be called upon to share with other States, in particular developing countries, the scientific and technological knowledge required for the development of programmes oriented to the more rational exploration and utilization of outer space, with a view to preserving the outer space environment for future generations.
Under the terms of the draft principles, access to knowledge and applications should be on an equitable, non-discriminatory and timely basis. Stress is placed on the need for international cooperation, with the main objective of developing indigenous space research and application capabilities for all States. The text also calls for strengthening and enlarging the role and scope of activity of the United Nations in the outer space field.
Also before the Subcommittee on this question will be a working paper submitted last year by Germany and France, and a Chairman's paper which integrates the main elements of both texts.
Work Methods
The Subcommittee will again devote attention to reform of its work methods, seeking to limit debate on less pressing matters and to reduce its sessions to two weeks' duration. The objectives are cost-savings and efficiency.
Membership
The Committee's 61 members are: Albania, Argentina, Australia, Austria, Belgium, Benin, Brazil, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Cuba*, Czech Republic, Ecuador, Egypt, France, Germany, Greece, Hungary, India, Indonesia, Iran, Iraq, Italy, Japan, Kazakstan, Kenya, Lebanon, Mexico, Mongolia, Morocco, Netherlands, Nicaragua, Niger, Nigeria, Pakistan, Philippines, Poland, Portugal, Republic of Korea*, Romania, Russian Federation, Senegal, Sierra Leone, South Africa, Spain, Sudan, Sweden, Syria, Turkey, Ukraine, United Kingdom, United States, Uruguay, Venezuela, Viet Nam and Yugoslavia.
* *** *
__________ * Cuba will rotate its membership with Peru, and Republic of Korea will rotate with Malaysia, both in 1997.
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