space law - International Treaties, 1998 Agreement, National Law, Multilateral treaties

A branch of international law which deals with rights in outer space.Terrestrial airspace is generally considered by states both in international agreements and their municipal laws to be synonymous with the earth's atmosphere. There is increasing interest in the use of the upper atmosphere and orbital zones for the purposes of communications. Foreign aircraft have no right to fly over the territory or territorial waters of another state. In practice, states enter into bilateral agreements with other states whereby each grants the other rights in air space. The rules relating to aircraft do not apply to artificial satellites in outer space. The Outer Space Treaty of 1967 provides that outer space may be used by all states. The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) elaborates rules on space law, which include the allocation and control of radio frequencies, the legality of the use of reconnaissance satellites, and the definition and delimitation of outer space. The military use of outer space is also dealt with. There has recently been international pressure to decrease US control of the international satellite industry.

Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space," although most lawyers agree that outer space generally begins at the lowest altitude above sea level at which objects can orbit the Earth, (approximately 100 km). The COPUOS Legal Subcommittee has been the primary forum for discussion and negotiation of international agreements relating to outer space.

International Treaties

Five international treaties have been negotiated and drafted in the COPUOS: the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (the "Outer Space Treaty"), the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement"), the 1973 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention"), the 1976 Convention on Registration of Objects Launched Into Outer Space (the "Registration Convention"), and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies ("the Moon Treaty"). The Outer Space Treaty is the most widely-adopted treaty, with 98 parties. The Rescue Agreement, the Liability Convention and the Registration Convention all elaborate on provisions of the Outer Space Treaty. delegates apparently intended that the Moon Treaty serve as a new comprehensive treaty which would supersede or supplement the Outer Space Treaty, most notably by elaborating upon the Outer Space Treaty's provisions regarding resource appropriation and prohibition of territorial sovereignty. In recent years, the COPUOS Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement, and it is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many spacefaring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.

1998 Agreement

In addition to the international treaties that have been negotiated in the United Nations, the nations participating in the International Space Station have entered into the 1998 Agreement among the Government of Canada, Governments of the Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station (the "Space Station Agreement").

National Law

Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty requires parties to authorize and supervise national space activities, including the activities of non-governmental entities such as commercial and non-profit organizations. The Outer Space Treaty also incorporates the U.N. The advent of commercial space activities beyond the scope of the satellite communications industry, and the development of many commercial spaceports, is leading many countries to consider how to regulate private space activities. If commercial space transportation becomes widely available, with substantially lower launch costs, then all countries will be able to directly reap the benefits of space resources. In that situation, it seems likely that consensus will be much easier to achieve with respect to commercial development and human settlement of outer space.

Multilateral treaties

The nuclear test ban treaty of 1963 banned the test of nuclear weapons in outer space. The Outer Space Treaty of 1967 (full name: The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies) governs the activities of states in space exploration. The rescue agreement of 1968 (The Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into space). The liability convention of 1972 (the Convention on international liability for damages caused by space objects) deals with damages caused by space objects. The registration convention of 1976 (the Convention on the registration of objects launched into outer space) covers the registration of objects launched in outer space.