LEGAL SUBCOMMITTEE OF COMMITTEE ON PEACEFUL USES OF OUTER SPACE CONCLUDES THIRTY-FIFTH SESSION, VIENNA, 18-28 MARCH

Press Release
OS/1722

LEGAL SUBCOMMITTEE OF COMMITTEE ON PEACEFUL USES OF OUTER SPACE CONCLUDES THIRTY-FIFTH SESSION, VIENNA, 18-28 MARCH

VIENNA, 29 March (UN Information Service) -- The Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space has ended its session yesterday, a full week earlier than scheduled, having formulated a new compromise text on how best to ensure that the benefits of space research will be shared with developing countries.

The 61-member Subcommittee, one of two subsidiary bodies of the Committee, concentrated 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 rationale 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.

During a symposium held on the first day of the session, delegates heard presentations from several countries on protection of the space environment, particularly with regard to space debris. The symposium was co-sponsored by the Paris-based International Institute of Space Law and the European Centre for Space Law.

Also at the final meeting, the Subcommittee noted proposals for new agenda topics, including status of the five outer space treaties; commercial aspects of space activities, such as property rights, insurance and liability; legal aspects of space debris; and a comparative review of international space law and international environmental law. With regard to space debris, it was felt that the question of elaborating legislative norms for dealing with space

debris could take place only after sufficient progress was attained on the matter in the Scientific and Technical Subcommittee.

On the legal aspects of the principle that outer space activities should be carried out for the benefit and in the interests of all States, concerns which had been raised at previous sessions in rival working papers were reconciled and a draft declaration aimed at meeting developing countries' need for intensified cooperation in the outer space field will be submitted to the Outer Space Committee when it meets in June.

The text is formulated as a resolution for consideration by the General Assembly. It represents a breakthrough in debate on the subject, which had been based at past sessions on a proposal by Brazil and 11 other developing nations, that focused on the development of indigenous space capabilities by all States, exchange of material and equipment and transfer of technology. A counterproposal, sponsored by Germany and France, which would have stressed the freedom of States to determine all aspects of their cooperation, and specified that their cooperation should be guided by the need to allocate resources efficiently, has now also been set aside.

The new text emphasizes that States are free to determine all aspects of their participation in cooperation in the exploration and use of outer space on an equitable and mutually acceptable basis. Modes of cooperation would be tailored to suit the countries concerned, including governmental and non-governmental, commercial and non-commercial, and among countries at all levels of development.

The report of the Subcommittee will be presented to its parent body, the Committee on the Peaceful Uses of Outer Space, at the latter's next session, from 3 to 14 June.

In debate on the question of reforming the Subcommittee's work session, some delegates argued for cutting the duration of the body's annual sessions from three weeks to two, while others cautioned that such cost-saving measures should not be allowed to jeopardize the possible inclusion of new issues on the Subcommittee's agenda. One speaker expressed the view that, while some believed that future space activities would be driven by "market forces", intergovernmental regulation of outer space matters and the development of space law would continue to be of paramount importance for the world community. For that reason, it was argued, the role of the Subcommittee should be strengthened.

Definition of Outer Space and Geostationary Orbit

The Subcommittee continued its discussion of the definition of outer space and use of the geostationary orbit, in the course of which it reviewed the responses received to date to soliciting ideas and opinions concerning a

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legal regime for aerospace objects. States have been asked whether they feel that an aerospace object can be defined as "an object capable of travelling through outer space and using its aerodynamic properties to remain in airspace for a certain period of time".

Three questions focus on a legal regime in space. One asks whether the regime should change according to location of the object either in air space or outer space. Another seeks to clarify whether procedures should differ according to the functional characteristics of the object, or if a single unified regime should be developed. The third asks what determined whether air law or space law prevailed in the space an object inhabited or the destination of the flight.

Other questions are directed at the legal framework for take-offs and landings, the laws governing flights over foreign airspace and the adequacy of current procedures for registration of the objects concerned.

Delimitation: Some delegations hope that the questionnaire could serve as the basis for determination of the limits of outer space while others oppose any discussion of those limits, arguing that that question was the province of the ITU. The Subcommittee recommended that States be asked to submit replies as early as possible and that a comprehensive analysis of those replies be submitted at next year's session.

Geostationary Orbit: Opinions continued to differ on whether a special regime was needed to ensure equitable access to the orbit, particularly for developing countries, or whether the ITU was sufficiently regulating such access. 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, since their orbits are synchronized with the earth's rotation.

Nuclear Power Sources

The Subcommittee agreed with a decision of the Scientific and Technical Subcommittee that no revision of the Principles relevant to the Use of Nuclear Power Sources in Outer Space was warranted at this time, and so decided not to hold discussions or set up a working group on that subject at its next session.

Participants

Representatives of the following States members of the Subcommittee attended the session: Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Cuba, Czech Republic, Ecuador, Egypt, France, Germany, India, Indonesia, Iran, Iraq, Italy, Japan, Kazakstan,

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Lebanon, Mexico, Morocco, Nigeria, Pakistan, Philippines, Poland, Republic of Korea, Romania, Russian Federation, South Africa, Spain, Sudan, Sweden, Turkey, Ukraine, United Kingdom, United States, Uruguay and Viet Nam.

Also attending were representatives of the following specialized agencies and international organizations: International Atomic Energy Agency, ITU, European Space Agency and the International Astronautical Federation.

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