Space Law: the final frontier. These are the voyages of the starship Space Law.

Its mission: to explore strange new

worlds. To boldly go where no lawyer has gone before.

Space Law is a component ofinternational law. International law is based on treaties developed by committees or

conferences which inexorably defer to two absolutes: (1) the language, attempting to be all things to all people, will be

both wording and awkward; and (2) treaties are not law at all anywhere in the world (or off of it) until and unless it is

adopted into the law of each of the 200 states on this planet (a process often referred to as "ratification"), and then it

is enforceable only within the territorial limits of those states.

And space law introduces a novelty to jurisdictional issues in that it purports to govern conduct outside of Earth's

atmosphere.

That has not stopped the international law community, with the best of intentions, from publishing several significant

space law treaties.

1967: Outer Space Treaty

 Like virtually all international law treaties, this one has a very long name ("Treaty on Principles Governing the

Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies") and

lofty but somewhat naive aspirations.

It’s preamble refers to the "common interest of all mankind in the progress of the exploration and use of outer space

for peaceful purposes" and that the "exploration and use of outer space should be carried on for the benefit of all

peoples irrespective of the degree of their economic or scientific development".

The Outer Space Treaty is considered the granddaddy of space law. Several of its component parts have been

expounded upon in subsequent treaties specific to certain issues (for example, the Rescue Agreement).

The pith and substance of the Outer Space Treaty waxes very eloquent. Article 1, 4 and 7 read as follows:
 Introduction

What would astronomers who laid the foundations of our knowledge of the
universe have thought if they had been asked what law was applicable to their
space scientific research? 
The question arises today for two main reasons:

 the use of observation facilities (telescopes like Hubble) carried on board

space objects; here it is a question of access to and use of outer space for
the purpose of astronomical research;
 international cooperation in space exploration and in the exploitation of its
results; as we shall see, such cooperation must be carried out for the
benefit of all mankind. For the time being, space activities are still the
prerogative of the space powers. How can their benefits be shared? There
is also the question that the pursuit of astronomical research on Earth can
possibly be hampered by activities in space.

First of all, what do we mean by space law? 

I. The sources and nature of space law

1. The law governing space and space activities was born with the first
launch of a man made satellite on 4 October 1957 (Spoutnik 1). It was
developed at first under the auspices of the United Nations, through the
Committee on the Peaceful Uses of Outer Space - UNCOPUOS - (officially
established in 1959) and its two sub-committees, one scientific and one
legal. The UN General Assembly adopted a series of Resolutions on the
subject, in particular Resolution 1962 (XVIII) of 13 December 1963,
followed by the Declaration of Legal Principles Governing the Activities of
States in the Exploration and Use of Outer Space. This Declaration was the
forerunner of the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies (OST), which was adopted on 19 December 1966 and
entered into force on 10 October 1967. (Next year will be its 30th
anniversary.) This treaty, which is in force for 91 States, is the foundation
stone of "space law", laying down the basic principles applying to all
human activity in space. It was followed by a series of legal instruments, all
of which were also adopted within the framework of the United Nations:
the Agreement on the Rescue of Astronauts, the Return of Astronauts and
the Return of Objects Launched into Outer Space (3 December 1968); the
Convention on International Liability for Damage Caused by Space
Objects (1 September 1972); the Convention on the Registration of Objects
Launched into Outer Space (15 September 1976); the Agreement
Governing the Activities of States on the Moon and Other Celestial Bodies.
Five treaties to which we have to add the Test Ban Treaty of 1963, plus
Principles adopted by the General Assembly concerning: direct
broadcasting by satellite - observation of the Earth's resources - and the
use of nuclear power sources in space. Debate is still continuing on the
question of the "boundary" between air space and outer space and on the
definition of outer space, with reference to the opposing legal principles -
i.e. freedom versus sovereignty - by which they are governed, as well as on
the concept of activities conducted for the benefit of all mankind (Article 1
of the Treaty, on which a Declaration has just been adopted and should be
approved by a Resolution of the UN General Assembly in December).
There is also continuing debate on space debris (confined for the moment
to the Scientific and Technical Sub-Committee). 

So much for UN law in the strict sense. In the broader sense, we have also
to consider contributions from other branches of international law, in
particular the law on radio frequencies established under the aegis of the
ITU (Convention and Rules on radio communications), without which
satellites could not be used (to note that radio frequencies have been
declared limited natural resources). Alongside this body of international
public law developed in the framework of international intergovernmental
organizations (UNO-ITU-UNESCO), there are also legal texts concerning
disarmament: I have already mentioned the Treaty which entered into
force on 10 October 1963, banning the testing of nuclear weapons in the
atmosphere, in space and under water; the ENMOD Convention of 1977
on the Prohibition of Military or Any Other Hostile Use of Environmental
Modification Techniques, etc. 

Multilateral and bilateral cooperation agreements (MOUs), particularly

between space powers, today constitute one of the main foundations of law
of space activities, noteworthy examples being the Intergovernmental
Agreement (IGA) on the international space station (the first draft, signed
in September 1988, is to be replaced by a much revised text following the
admission of Russia to the partnership), the MOUs between NASA, ESA
and the RKA and the MOUs concerning the Hubble space telescope, ISEE,
IUE, Cassini etc.: 
 o "Charters" between national or international agencies that are
neither treaties nor MOUs, an example being the international
cooperation arrangements for the encounter with Halley's comet; 

o recommendations by scientific bodies such as COSPAR or the

International Council of Scientific Unions or International
Astronomical Union (IAU). 

2. Space astronomy is a key element of space activities and was the first of
these. This is clear from the very first lines of the Treaty of 1967 which
place special emphasis on the interests of the international scientific
community - a term used widely in this Treaty and in the Agreement
concerning the Moon - reflecting one of the primary concerns that gave
rise to the creation of COPUOS, the other such concern peaceful uses.

All the provisions of the Treaty of 1967 and of the various ensuing
Agreements and Conventions do of course apply to scientific activities
carried out in space and hence to astronomy. I will be dealing here with
those provisions more specifically concerned with space astronomy. It goes
without saying that scientific satellites have to comply in the same way as
other satellites with the provisions of the Convention on International
Liability, the Convention on Registration, the ITU Convention, and this
also goes for the principles governing the use of NPS and those being
formulated on space debris. 

I shall try in the first instance to identify these various principles. 

II. The basic principles

These are the principles governing the legal regime applying to space, to space
objects and to the activities in outer space. I will be referring to the Treaty on
Outer Space and the Agreement on Activities on the Moon. 

1. The United Nations Treaties on Outer Space (OST) main principles: 

1. Outer space status:

Article 1 - This identifies three basic principles: 

  outer space to be free for exploration and use; 
 freedom of scientific investigation - international cooperation
is encouraged; 
 exploration and use to be carried out for the benefit and in the
interests of all countries, (this is a major component of this
legal regime and is now to be covered by the next Declaration
drawn up by COPUOS) (nothing more on scientific
investigation).

Article II - (non-appropriation - geostationary orbit) 

 outer space is not subject to national appropriation

(important principle in relation to the utilization and
extension into space of national laws).

Worth mentioning is the Bogota Declaration of 1976 in which eight

equatorial countries laid claim to the geostationary orbit as an
integral part of their territory. 

2. Activities in outer space

Article III - IV (peaceful uses - international law) 

 activities to be pursued in accordance with international law;
 use for peaceful purposes (the use of military personnel for
scientific research is not prohibited).

Article VI (authorisation and supervision of national activities) 

 States parties have international responsibility, even if

activities are performed by private entities (such as a scientific
entity).

Articles VII and VIII (Liability and registration) 

 Should be seen in conjunction with the Convention on

liability, which lays down two sets of provisions depending on
whether damage is caused in space or on the surface of the
earth, and with the Convention on registration.
 Article IX (Cooperation - protection of the environment from
pollution) 

 principle of cooperation and mutual assistance -

corresponding interests;
 conduct studies and undertake exploration of outer space in a
manner that avoids contamination;
 avoid potentially harmful interference - international
consultations - debate on space debris,

Article XI (requirement to inform, particularly the international

scientific community) 

 promote international cooperation;

 inform the public and the international scientific community,
here again specific mention of the latter

Article XII (Moon) 

 moon base open to representatives of other Parties on the

basis of reciprocity.

2. Agreement activities on the moon (came into force on 12 July 1984) - the
moon a unique site for astronomy

Agreement repeats much of the content of the OST, with reference for
instance to the international scientific community (see Annex), but with
only 8 States party to it. 

o Article 4.1 - The exploration and use of the moon to be the province
of all mankind carried out for the benefit and in the interests of all
countries; 
o Article 4.2 - The principle of cooperation; 
o Article 5.1 - Information on results, including scientific results; 
o Articles 5.3 and 6.3 - Exchange of scientific personnel 
o Article 7.3 - Areas of the moon having special scientific interest 
o Articles 11.4 and 6 
.
Air law and space law are separate and distinct branches of law, although they are occasionally treated as
one ("Aerospace Law"). Air law, the older of the 2, is the body of public and private law, both national and
international, that regulates aeronautical activities and other uses of airspace. Space law, on the other hand,
regulates activities of states and private entities in outer space, primarily the use of satellites. The essential
difference between air law and space law stems from the legal status of airspace and of outer space.
Whereas airspace, except over the high seas and Antarctica, is under the sovereignty of subjacent states,
outer space is governed by the regime of freedom. The question of boundaries between outer space and
airspace is awaiting international agreement; it is virtually certain, however, that the boundary will not be
placed higher than 100 km above sea level.

K EY WORD S

Law, Types F EA TUR E ART

M OST RE AD A

Space Law Trudeau, Pier

The origin of space law can be traced to the launching on 4 October 1957 of Sputnik I, the first artificial
Pierre Elliott Trud
Earth satellite. Since that time the legal regulation of outer-space activities has been largely centered in the prime minister of
UN Committee on the Peaceful Uses of Outer Space. The bulk of space law consists of norms incorporated in
5 multilateral treaties. The most important is the 1967 Treaty on Principles Governing the Activities of States
Great Depress
in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (also known as the
Outer Space Treaty). The major principles of the treaty are freedom of access to, and use of, outer space;
Few countries we
prohibition against national claims to sovereignty in any part of outer space; and a ban on the placing of worldwide Depres
weapons of mass destruction anywhere in outer space.

Riel, Louis
Air Law
In Canada legal regulation of air navigation is the exclusive competence of Parliament. The major, relevant Louis Riel, Métis l
the NORTH-WEST
legislation includes the Aeronautics Act (the cornerstone of the Canadian civil aviation regulatory system);
the National Transportation Act (setting up the Canadian Transport Commission as the principal organ for
the economic regulation of air transport); the Carriage by Air Act (governing the liability of air carriers
relating to international carriage by air).

Because much air navigation takes place internationally, many legal norms governing the technical aspects
of air navigation have been developed internationally and are implemented by national legislation. The
International Civil Aviation Organization (ICAO), headquartered in Montréal, was established pursuant to the
Convention on International Civil Aviation (Chicago, Ill, 1944). ICAO has a membership of 184 states. The
exchange of commercial rights in international air transport is regulated mainly by hundreds of bilateral
agreements, along with the multilateral International Air Services Transit Agreement of 1944 and certain
provisions of the Chicago Convention.

The Warsaw Convention of 1929, amended by the Hague Protocol of 1955, is widely accepted and governs
the liability of air carriers with respect to the international carriage by air of passengers, baggage and cargo.
Canada is a party to the amended convention and has implemented it through the Carriage by Air Act. The
rules of Canadian domestic law govern air carriers' liability relating to carriage by air in Canada not covered
by the Carriage by Air Act and claims for damage to third parties caused, for example, through aerial
collisions, excessive noise and aerial spraying.

Another important aspect of air law is concerned with offences and certain other acts committed on board
aircraft (the Tokyo Convention of 1963), the suppression of unlawful seizure of aircraft (the Hague
Convention of 1970) and the suppression of unlawful acts against the safety of civil aviation (the Montréal
Convention of 1971). Each of these conventions has been accepted by many states, including Canada.

The 1 September 1983 destruction, off the Sea of Japan, by a Soviet military aircraft of a Korean civil
airliner, with heavy loss of life, led to the adoption in May 1984 by ICAO member states of an amendment to
the Chicago Convention (Art. 3-bis) designed to prevent similar attacks on civil aircraft straying into foreign
airspace without authorization. In Canada, McGill University in Montréal operates the Institute of Air and
Space Law, a unique academic institution for advanced research and study in air and space law.
Author IVAN A. VLASIC

Space law can be described as the body of law

applicable to and governing space-related activities.
The term "space law" is most often associated with
the rules, principles and standards of international
law appearing in the five international treaties and
five sets of principles governing outer space which
have been elaborated under the auspices of the
United Nations Organization. However, space law
also includes international agreements, treaties,
conventions, rules and regulations of international
organizations (eg. the International
Telecommunications Union), national laws, rules and
regulations, executive and administrative orders,
and judicial decisions.
States which have national law and legislation
governing space-related activities include inter alia
Argentina, Australia, Canada, Finland, France,
Germany, Hungary, Indonesia, Japan, New Zealand,
Philippines, Republic of Korea, Russian Federation,
Slovakia, Sweden, South Africa, Tunisia, Ukraine, the
United Kingdom of Great Britain and Northern
Ireland, and the United States of America.