OUTER SPACE LEGAL SUBCOMMITTEE CONCLUDES THIRTY-SEVENTH SESSION VIENNA, 23 - 31 MARCH
Press Release
OS/1737
OUTER SPACE LEGAL SUBCOMMITTEE CONCLUDES THIRTY-SEVENTH SESSION VIENNA, 23 - 31 MARCH
19980402 Begins Review of Obstacles Preventing States from Acceding to Outer Space TreatiesVIENNA, 31 March (UN Information Service) -- Defining the main obstacles that have prevented Member States from signing, ratifying or adhering to the provisions of any of the five key international outer space treaties was the main focus of the thirty-seventh session of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space, which concluded here today, three days ahead of schedule.
As part of a new three-year major review of the status of the five international treaties governing outer space (the 1967 Outer Space Treaty, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention and the 1979 Moon Agreement), close to 30 countries expressed their views regarding the obstacles impeding their ratification of the five legal instruments governing outer space. The detailed review of those obstacles were considered by the Subcommittee as a valuable contribution in promoting accession by a greater number of States to those legal instruments. The review of the status of the outer space treaties will continue to be on the agenda of the Subcommittee.
The current session concluded its work with an agreement that consideration of a working paper, presented by Germany on behalf of 19 European States, would continue in June during the session of the Committee. The paper not only calls upon the Secretariat to draw up an inventory of legal texts relevant to space law, it also identifies the 1975 Registration Convention as the legal instrument that can be improved further, and it proposes a three-year work plan on that subject which would start at the thirty-ninth session of the Legal Subcommittee. (The 1975 Convention on Registration of Objects Launched into Outer Space provides that launching States shall maintain registries of space objects and furnish specified information on each space object launched, for inclusion in a central United Nations Register.)
The paper reflects general recognition of the dramatic advances both in technology and in the nature of activities taking place in the space environment, as well as the 1975 Registration Convention's close relation with the 1967 Outer Space Treaty and the 1972 Liability Convention. If the European proposal is endorsed in June, it is expected that the Legal Subcommittee will develop the paper into a protocol to improve the Registration Convention.
Therefore, the objective of the current session of the Legal Subcommittee was to promote greater awareness among Member States of the importance of the five treaties, particularly in the context of the dramatic advances both in technology and in the nature of activities taking place in the space environment. The current session highlighted the political, economic and commercial value of extraterrestrial resources, especially in consideration of the recent National Aeronautics and Space Administration (NASA) discovery of extraterrestrial resources on the Moon, Jupiter and Mars. Organizers believe that a climate of awareness of the issues and an understanding of the directions to be taken in order to facilitate ratification is being achieved.
As Member States are intensifying preparations for the 1999 June third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE III), the Subcommittee also reviewed its possible contributions to that Conference. Those could include a report by the Chairman to UNISPACE III on the work of the Subcommittee, including its past achievements, current work and new challenges in the development of space law; a workshop on space law; and a review of the current status of the law of outer space, including ways and means of promoting wider adherence to the existing international space treaties and principles. The discussions in the 61-member Subcommittee -- one of the two subsidiary bodies of the Committee -- on the topic of definition and delimitation of outer space were based on replies received from Member States to a questionnaire on possible legal issues in relation to aerospace objects. The questionnaire, circulated to Member States three years ago, was designed to break the impasse in the Subcommittee between States which consider the delimitation of airspace and outer space to be vital and those which consider it unnecessary. A proposal was made that consideration of legal issues relating to aerospace objects could be concluded in two stages, from the year 2000 to 2005 and from 2005 to 2010. However, the Subcommittee has not accepted the proposal.
A symposium entitled "Review of the Status of the Outer Space Treaties", sponsored by the International Institute for Space Law (IISL), in cooperation with the European Centre for Space Law (ECSL), was held on 23 March. Detailed analysis of how the five treaties evolved and on the nature of the reservations that some States have were presented in five separate papers. The Legal Subcommittee has agreed that IISL and ECSL should again be invited, at its thirty-ninth session, to hold a symposium on space law.
Review of Space Treaties
At its current session, the Legal Subcommittee had as a new item on its agenda the "Review of the status of the five international treaties governing outer space", as proposed by the Government of Mexico. Discussion centred on a note prepared by the Secretariat, based on the information received from Member States on their views regarding the obstacles impeding the ratification of the five international legal instruments governing outer space.
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Member States also had before them a working paper proposed by Germany, on behalf of 19 European States, noting that since the entry into force of the 1967 Outer Space Treaty, the body of law governing space and space activities has considerably developed, to a great extent, outside the Committee on the Peaceful Uses of Outer Space and without its Legal Subcommittee being involved. Consequently, space law as a whole has become fragmented, difficult to grasp and, in some areas, of doubtful coherence.
The working paper notes that an overview of the law in existence has become difficult, but is none the less essential. Consequently, the paper proposes that the Secretariat should draw up an inventory of relevant legal texts. It also identifies the 1975 Registration Convention as the legal instrument that can be improved further, and proposes a three-year work plan on that subject, starting at the thirty-ninth session of the Legal Subcommittee. It also recognizes the 1975 Registration Convention's close relation with the 1967 Outer Space Treaty and the 1972 Liability Convention.
The special importance of the 1975 Registration Convention is underscored by the fact that it has considerably fewer ratification and signatures than that of the proceeding instruments of space law. Several States are conducting space activities without being parties to the Convention.
Delimitation of Outer Space
The Subcommittee continued to discuss the definition and delimitation of outer space based on replies received from Member States to a questionnaire on possible legal issues with regard to aerospace objects. The view was expressed that consideration of the legal issues relating to aerospace objects could be concluded in two stages. During the first stage, from the year 2000 to 2005, legal issues associated with aerospace objects could be dealt with by directly applying space and air laws which had already been accepted, or, if necessary, by creating certain new combined norms of international space and air law, for example, relating to innocent passage through airspace.
During the second stage, from 2005 to 2010, a proposal to enhance the international space and air laws could be developed, based on the experience to be accumulated by that time in solving legal issues related to aerospace objects. The view was also expressed that it would be useful for the Scientific and Technical Subcommittee -- the other subsidiary body of the Committee -- to study and define the technical aspects of aerospace objects before the Legal Subcommittee proceeded with its work.
Geostationary Orbit
The geostationary orbit, some 22,300 miles above the Equator, is the only orbit which allows continuous contact between a satellite and a single ground station. Its strategic position, in terms of telecommunication and
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broadcasting, makes it a unique source and, therefore, vital for the economic, social and cultural development of all States.
Access to and the use of the geostationary orbit has been one of the key agenda items of the Subcommittee for several years. Member States have been unable to reach the required consensus to make any decision concerning its legal status and regulation. Some governments are of the view that the geostationary orbit is a limited natural resource, and a special legal regime is needed to ensure equitable access to the orbit. Other countries, however, believe that no such regime is necessary as the current arrangements of satellite slot allocations, through the International Telecommunication Union (ITU), provide satisfactory legal regulations on the issue.
Discussion on the use of the orbit centred on a text submitted by Colombia, which proposes criteria for the application of preferential rights to ensure developing countries equitable access to the geostationary orbit.
While noting the work conducted by the ITU relating to the utilization of the geostationary orbit, some delegations expressed the view that the Committee on Peaceful Uses of Outer Space and its Legal Subcommittee were the competent bodies to discuss legal and political aspects of the matter, particularly in ensuring the equitable access to the geostationary orbit. Those delegations were of the view that progress could be made in the consideration of the matter based on the ideas contained in the Colombian working paper. Others were of the view that ensuring equitable access to the geostationary orbit was the responsibility of the ITU.
The argument that because the geostationary orbit is an integral part of outer space, the legal regime established by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, adequately covered activities in and related to the geostationary orbit, was also presented to the Subcommittee. Under such reasoning, the geostationary satellite orbit is not subject to national appropriation and should not be subject to a sui generis legal regime. Therefore, any preferential rights to the orbit would be contradictory to the 1967 Outer Space Treaty.
Election of Chairman
Referring to an agreement reached by the Committee on its working methods in 1997, the Legal Subcommittee re-elected Václav Mikulka of the Czech Republic as its Chairman for the period 1998-2000.
Participants
Representatives of the following member States of the Subcommittee attended the session: Argentina, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Czech Republic, Ecuador, Egypt, France, Germany,
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Greece, Hungary, India, Indonesia, Iran, Iraq, Italy, Japan, Lebanon, Malaysia, Mexico, Morocco, Netherlands, Pakistan, Peru, Philippines, Poland, Romania, Russian Federation, South Africa, Spain, Sudan, Sweden, Turkey, Ukraine, United Kingdom, United States, Uruguay and Venezuela.
Attending as observers were Bolivia, Cuba, Finland, Republic of Korea, Slovakia and the League of Arab States.
Also taking part were representatives of the United Nations Education, Scientific and Cultural Organization (UNESCO), International Telecommunication Union (ITU), European Space Agency (ESA), and the International Astronautical Federation (IAF).
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