OUTER SPACE LEGAL SUBCOMMITTEE TO HOLD THIRTY-SIXTH SESSION IN VIENNA, 1-18 APRIL

31 March 1997

Press Release
OS/1726

OUTER SPACE LEGAL SUBCOMMITTEE TO HOLD THIRTY-SIXTH SESSION IN VIENNA, 1-18 APRIL

19970331 Background Release To Focus on Definition of Outer Space, Equitable Use of Geostationary Orbit

VIENNA, 26 March (UN Information Service) -- Matters relating to the legal definition and delimitation of outer space will be a major item for discussion in the thirty-sixth session of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space, which will convene here for three weeks beginning Tuesday, 1 April.

The 61-member Subcommittee, one of the two subsidiary bodies of the Committee, will be the forum for what is expected to be a stimulating debate on the results of a questionnaire circulated to Member States two years ago. The questionnaire, which focuses on the legal status of aerospace objects, was designed to break the current impasse in the Subcommittee between States which consider the delimitation of airspace and outer space to be vital and those which consider it unnecessary. An analysis of Member States' responses, which already indicates some degree of movement in opinion, is included in a report before the Subcommittee.

A full and wide-ranging debate on the geostationary satellite orbit is expected on a report which analyses the compatibility between a Colombian working paper submitted to the Legal Subcommittee last year proposing preferential rights to ensure equitable access to the orbit for countries that have not had access to that orbit and the regulations of the International Telecommunication Union (ITU).

The use of nuclear power sources in outer space will also be debated. Any substantive progress in the Legal Subcommittee on that particular aspect of nuclear power sources, by longstanding agreement, must await completion of work on the scientific parameters.

The Subcommittee will once again hold extensive, open-ended informal consultations on its agenda topics discussed at the last session and consider possible additional future items.

A symposium, sponsored by the International Institute of Space Law in cooperation with the European Centre for Space Law will take place on 1 April from 4 p.m. to 6 p.m. The title is: "Celebrating the Thirtieth Anniversary of the Outer Space Treaty". The Outer Space Treaty is considered by many to be the "Magna Carta of space law"; its background, history, application, implementation, as well as future developments relating to all the Outer Space Treaties will be addressed by international experts taking part in the symposium.

Delimitation of Outer Space

With the advent of the age of international cooperation and peaceful exploration of outer space, many States consider attempts to define a geographic or physical limit to outer space to be a relic of the cold war era. In the past, the Legal Subcommittee has considered where air space might end and outer space begin, as well as the legal regime which might be applicable to either, but consensus has not been reached. There are States which believe that, for the sake of good order, a legal framework must be drawn up for the definition of outer space. Others, however, propound the view that exploration and other space activities have progressed rapidly for the last 40 years even in the absence of a legal regime. Better by far, in the view of some, to elaborate legal principles for the promotion of international cooperation in the development of outer space activities, rather than pursue the topographical "line-drawing" approach, a process which, some delegates have argued, could lead to further controversy.

To try to break the deadlock, a questionnaire, developed from a text originally submitted by the Russian Federation in 1992, was circulated to members of the Legal Subcommittee in 1995. It focused on practical rather than theoretical issues and proposed consideration of the legal status of aerospace objects. Among in-depth questions posed were:

-- Can an aerospace object be defined as an object which is capable both of travelling through outer space and of using its aerodynamic properties to remain in airspace?

-- Are aerospace objects while in airspace considered as aircraft, and while in outer space as spacecraft? and

-- Are norms of national and international air law applicable to an aerospace object of one State while it is in the airspace of another State?

Fourteen detailed responses and one general response were received from Member States and an analysis of those indicates that there is some movement of opinion on that topic. There are hopes for a stimulating discussion within the 1997 Subcommittee of all the points raised.

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Geostationary Orbit

The geostationary orbit, the band situated some 36,000 kilometres above the equator which offers optimal global satellite coverage of the earth's surface, is widely recognized as a limited resource with specific benefits to mankind in space communications, television broadcasting, meteorological imaging, disaster warning and satellite-aided rescue and warning systems.

The legal view of the geostationary orbit as a limited natural resource free of any claim to national sovereignty would seem to derive from the framework set forth in the Outer Space Treaty, particularly article II, which states that outer space, including the moon and other celestial bodies, will not be the object of any national appropriation or claim of sovereignty. That would suggest the right of equitable access to the geostationary orbit by all States. Indeed, the possibility of a sui generis legal regime for the orbit to ensure guaranteed, equitable access and efficient use according to needs, particularly those of developing countries, has been debated in the Legal Subcommittee. The view, that account should be taken of the geographical situation of equatorial countries in all matters relating to the geostationary orbit, is also presented.

At the last session of the Legal Subcommittee, a working paper was circulated by Colombia entitled: "Some considerations concerning the utilization of the geostationary satellite orbit". The paper, proposing criteria to ensure all countries equitable access to the orbit, was supported by several equatorial States. The Subcommittee recommended that an analysis should be carried out of the compatibility of the approach contained in the working paper with the existing rules and procedures of the ITU, a specialized agency of the United Nations. The results are included in a report which will be before the Subcommittee.

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" in December 1992. The Principles, which had been elaborated by the Legal Subcommittee over a 10-year period, spell out the duties and responsibilities of States operating nuclear-powered satellites, space vehicles and other equipment, and lay down guidelines for their safe operation. At the time of adoption, the Assembly asked the Subcommittee to consider the possibility of updating the Principles at a later date. There is general agreement, however, that the Principles may be revised only upon receiving technical justification from the Scientific and Technical Subcommittee.

At its meeting last month, the Scientific and Technical Subcommittee proposed that the scientific parameters of new technology and its implications

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for the use of nuclear-powered devices in space should be considered in its working group. On completion of that work, the consideration of the legal context of the Principles might then be taken up by the Legal Subcommittee.

Membership

The Committee and its Subcommittees are composed of the following 61 Member States: 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, Malaysia*, Mexico, Mongolia, Morocco, Netherlands, Nicaragua, Niger, Nigeria, Pakistan, Peru*, 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.

(* Malaysia and Peru rotate every two years with Cuba and the Republic of Korea).

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