Abstract
The United Nations treaties on the exploration and use of outer space (“space treaties”) date back to the beginning of the space era, when space actives were limited and generally carried out by only a few governmental actors. At the time international space law was called to reply to specific needs of the international community, such as to protect against the establishment of State sovereignty in outer space, to prohibit its use for non-peaceful purposes, to define the rights and obligations of States with regard to space objects. The regulation of private activities were addressed, but only as a subject of authorization and supervision of a certain State (the “appropriate State”), that should also bear international responsibility for them.
The views and opinions expressed are those of the author.
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Notes
- 1.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 27 January 1967, 610 UNTS 205, 18 UST 2410, TIAS No 6347, 6 ILM 386 (entered into force on 10 October 1967) [Outer Space Treaty]; Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space, 22 April 1968, 672 UNTS 119, 19 UST 7570, TIAS No 6599, 7 ILM 151 (entered into force 3 December 1968) [Rescue Agreement]; Convention on International Liability for Damage Caused by Space Objects, 29 March 1972, 961 UNTS 187, 24 UST 2389, 10 ILM 965 (1971) (entered into force 1 September 1972) [Liability Convention]; Convention on Registration of Objects Launched into Outer Space, 6 June 1975, 28 UST 695, 1023 UNTS 15 (entered into force 15 September 1976) [Registration Convention]; Agreement governing the Activities of States on the Moon and Other Celestial Bodies, 5 December 1979, 1363 UNTS 3 (entered into force 11 July 1984) [Moon Agreement].
- 2.
Art. VI, Outer Space Treaty:
States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the Moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.
- 3.
According to Article I, c of the Registration Convention “[t]he term ‘State of registry’ means a launching State on whose registry a space object is carried in accordance with article II”.
- 4.
The rules are also considered to have a customary nature; see Vladlen S Vereshchentin, and Gennady M. Danilenko, “Custom as a source of International Law of Outer Space” (1985) 13 (1)Journal of Space Law, 25.
- 5.
Registration Convention, Art. II: “When a space object is launched into earth orbit or beyond, the launching State shall register the space object by means of an entry in an appropriate registry which it shall maintain”.
- 6.
Registration Convention, Art. II, para. 1: “When a space object is launched into Earth orbit or beyond, the launching State shall register the space object by means of an entry in an appropriate registry which it shall maintain. Each launching State shall inform the Secretary-General of the United Nations of the establishment of such a registry”.
- 7.
Registration Convention, Art.I, para 2:
Where there are two or more launching States in respect of any such space object, they shall jointly determine which one of them shall register the object in accordance with paragraph 1 of this article, bearing in mind the provisions of article VIII 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, and without prejudice to appropriate agreements concluded or to be concluded among the launching States on jurisdiction and control over the space object and over any personnel thereof.
- 8.
See “Online Index of Objects Launched into Outer Space”, online at: UNOOSA
http://www.unoosa.org/oosa/osoindex/search-ng.jspx?lf_id (last accessed 15 March 2018).
- 9.
Registration Convention, Art. III: “1. The Secretary-General of the United Nations shall maintain a Register in which the information furnished in accordance with article IV shall be recorded.2. There shall be full and open access to the information in this Register”.
- 10.
See Registration Convention, Art. VI.
- 11.
Registration Convention, Art. IV, para.2: “Each State of registry may, from time to time, provide the Secretary-General of the United Nations with additional information concerning a space object carried on its registry”.
- 12.
Outer Space Treaty, Art. VIII:
A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.
- 13.
Malcolm N Shaw, International Law (Oxford: OUP, 2006), 645.
- 14.
Niki Aloupi, “Le rattachement des engins à l’Etat en droit international public (navires, aéronefs, objets spatiaux) » (2011) Thèse de doctorat, Université Panthéon-Assas, 264.
- 15.
See Bernhard Schmidt-Tedd/ Michael Gerhard, “Registration of space objects: Which are the advantages for States resulting from registration?” in Marietta Benko/ Kai-Uwe Schrogi, eds, Space Law: Current problems and Perspectives for future regulation (The Netherlands: Eleven International Publishing, 2005), 124–129; Angelos Yokaris, International Air and Space Law (title translated from Greek) (Athens: Sakkoulas Publishing, 1996), 256–257.
- 16.
Philippe Achilléas, “Le droit international de l’espace » in Philippe Achilléas (Dir.), Droit international de l’espace: Télécommunication- Navigation-Défense- Exploration (Paris: Larcier, 2009), 30.
- 17.
See Outer Space Treaty, Art. VI.
- 18.
The French term is « responsabilité de contrôle », responsibility to control; see Achilléas, p. 27.
- 19.
See Outer Space Treaty, Art. VI.
- 20.
Ibid.
- 21.
Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, UN GA Res A/RES/18/1962, 13 December 1963, para. 5.
- 22.
See, generally, Julien Hermida, Legal Basis for a National Space Legislation (New York: Kluwer, 2004).
- 23.
Ricky J. Lee, “Liability Arising from Article VI of the Outer Space Treaty” in Proceedings of the 48th Colloquium on the Law of Outer Space, 17–21 October 2005 Fukuoka, AIAA, 2006, 216.
- 24.
When States undertake legislation to this end they invoke Article VI as the legal basis. National space laws aim to flow down to national entities the obligations set out in the space treaties; Alain Costes, L’évolution du droit de l’espace en France (France: Ministère délégué à la recherche et aux nouvelles technologies, 2002), 23.
- 25.
For example, in France, the obligation of an operator to have a licence depends on whether the State exercises personal (nationality) or territorial (establishment) jurisdiction; see French Space Operations Act 2008–518, 3 June 2008, Art. 2.
- 26.
Frans Von der Dunk, “The Origins of Authorisation: Article VI of the Outer Space Treaty and International Space Law” in Frans Von der Dunk, ed, National Space Legislation in Europe (Germany, Brill: 2011) 17–18.
- 27.
Bin Cheng, “Article VI of the Space Treaty Revisited: “International Responsibility”, “National Activities” and “the Appropriate State”, Journal of Space Law (1998) 26(1), 28–29; Hermida, supra note 23, 43–44.
- 28.
Francis Lyall and PaulB Larsen, Space Law – A Treatise (England: Ashgate, 2009), 469.
- 29.
Von der Dunk, supra note 27, 17–18.
- 30.
Aloupi, supra note 15, 265–267.
- 31.
Aloupi, supra note 15, 384.
- 32.
See Outer Space Treaty, Art. VIII.
- 33.
ILC Articles on the Responsibility of States for Internationally Wrongful Acts, Official Records of the General Assembly, 56th Session, Supp. No. 10, U.N. Doc. A/56/10; Schmidt-Tedd, supra note 16, 137.
- 34.
Shaw, supra note 14, 651.
- 35.
See Liability Convention, Arts. II and III.
- 36.
Registration Convention, Art I, para. c “The term ‘State of registry’ means a launching State on whose registry a space object is carried in accordance with article II”.
- 37.
See Liability Convention, Art. 1, para a.
- 38.
Stephan Hobe, et al., eds, Cologne Commentary on Space Law, Vol II(Germany: Carl Heymanns Verlag, 2013), 256; Hermida, supra note 23, 65.
- 39.
Registration Convention, Art. II, para. 2:
Where there are two or more launching States in respect of any such space object, they shall jointly determine which of them shall register the object […] bearing in mind the provisions of Article VIII of the [Outer Space Treaty] and without prejudice of to appropriate agreements concluded or to be concluded among the launching States on jurisdiction and control over the space object and over any personnel thereof.
- 40.
Kay-Uwe Schrogl and Julien Hermida, “Change of Ownership, Change of Registry? Which Objects to Register, What Data to Furnish, When and Until When?”, in Proceedings of the 46th Colloquium on the Law of Outer Space, Bremen 2003, AIAA, 2006; Hermida, supra note 23, 65.
- 41.
Liability Convention, Art. V: “[t]he participants in a joint launching may conclude agreements regarding the apportioning among themselves of the financial obligation in respect of which they are jointly and severally liable”.
- 42.
Aloupi, supra note 15, 333.
- 43.
Recommendations on enhancing the practice of States and international intergovernmental organizations in registering space objects, UN GA Res. A /RES/62/101(10 January 2008).
- 44.
Recommendations on national legislation relevant to the peaceful exploration and use of outer space, UN GA Res A /RES/68/74 (16 December 2013).
- 45.
Shaw, supra note 14, 285–386.
- 46.
Resolution 62/101, supra note 44, para. 4.
- 47.
Resolution 68/74, supra note 45, para. 6.
- 48.
Resolution 62/101, supra note 44, para. 4(b).
- 49.
Yokaris, supra note 16, 266.
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Dimopoulou, A. (2019). Is the Launching State the Only “Appropriate State” to Register a Space Object? Change of Registry in Case of Change of Ownership. In: Kyriakopoulos, G.D., Manoli, M. (eds) The Space Treaties at Crossroads. Springer, Cham. https://doi.org/10.1007/978-3-030-01479-7_7
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