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Iridium-Cosmos collision and its implications for space operations

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Yearbook on Space Policy 2008/2009

Part of the book series: Yearbook on Space Policy ((YEARSPACE))

Abstract

The physical condition of the environment in which space activities take place must be conducive to the safe and sustainable development and implementation of all space operations. Rapidly increasing debris in space is posing serious risks to space activities of all nations. Such risks are real, as evidenced by an unprecedented collision between a defunct Russian satellite weighing about 900 kg (Cosmos 2251) and an active about 500 kg U.S. commercial satellite (Iridium 33). The theory of “big sky” or “vastness of space” is being questioned as space operators face new challenges primarily due to the enhanced risks posed by an ever increasing number of space debris, particularly in the region of space that is being used extensively for meeting important earthly needs, like communications, Earth observation, weather forecasting, reconnaissance, navigation and global positioning services, early warning, etc. The availability and risk-free utilisation of space is becoming difficult. The accident seems to have sounded a wakeup call for all countries, especially the space-faring nations and the States having an interest in the exploration and use of space. From that perspective, this paper addresses some relevant questions associated with the legal and policy aspects of the Iridium- Cosmos collision. Specifically discussed are the issues concerning possible liability of the States directly involved in the collision under currently applicable international law; the general space environment; added risks and costs due to the debris created by the collision; and, finally, the concerns of space operators and some governments and the efforts they are making to achieve and maintain safe and sustainable development and use of space. Undoubtedly, these issues are highly complex. However they are discussed here in a general fashion and no attempt is made to carry out a thorough critical analysis in this paper.

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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 (hereafter Outer Space Treaty), London/Moscow/ Washington, done 27 January 1967, entered into force 10 October 1967, 610 UNTS 205, 6ILM 386 (1967).

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  3. Article VII of the Outer Space Treaty stipulates that a launching State is internationally liable for damage caused by its space object. Similarly, Articles II and III of the Liability Convention provide that a launching State is (a) absolutely liable to pay compensation for damage caused by its space object on the surface of the Earth or to aircraft in flight and (b) liable if the damage is caused in outer space and is due to its fault or the fault of persons for whom it is responsible.

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  4. Article VII of the Outer Space Treaty and Article I (c) of the Liability Convention similarly specifies that a ‘launching State’ is a State that launches or procures the launching of an object and a State from whose territory or facility an object is launched.

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  5. Information Furnished in Conformity with the Convention on Registration of Objects Launched in to Outer Space. “Note verbale dated 14 June 1994 from the Permanent Mission of the Russian Federation to the United Nations addressed to the Secretary General”. UN Doc. ST/SG/SER.E/275 of 13 June 1994. Vienna: United Nations: 2. It should be noted that there is a typographical error in writing the number of the satellite; i.e. it is listed as 2551, but the number should have been 2251.

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  6. According to Article VI of the Outer Space Treaty, States bear international responsibility for national activities in outer space, whether such activities are carried on by their governmental agencies or by non-governmental (private) entities, and for assuring that their national activities are carried out in conformity with the provisions set forth in the Treaty. The activities of non-governmental entities require authorisation and continuing supervision by the appropriate State. NASA National Space Science Data Centre, an official entity of the U.S. Government, enlists Iridium LLC of the United States as the funding agency of Iridium 33 satellite: see NASA National Space Science Data Centre. 2 Nov. 2009. http://nssdc.gsfc.nasa.gov/nmc/spacecraftDisplay.do?id=1997-051C.

  7. NASA National Space Science Data Centre. 2 Nov. 2009. http://nssdc.gsfc.nasa.gov/nmc/spacecraftOrbit.do?id=1997-051C. On 4 March 1998, Russia informed the UN that “On 14 September 1997, seven Iridium satellites were placed in Earth orbit by a single Proton carrier rocket from the Baikonur launch site. [... ] The satellites are owned and operated by the Motorola company (United States of America)”. See: Information Furnished In Conformity With The Convention On Registration Of Objects Launched Into Outer Space. “Note verbale dated 4 March 1998 from the Permanent Mission of the Russian Federation to the United Nations addressed to the Secretary-General”. UN Doc. ST/SG/SER.E/332 of 19 March 1998. Vienna: United Nations.

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  10. The official U.S. Registry of Space Objects Launched into Outer Space, which is maintained by the U.S. Department of State’s Bureau of Oceans and International Environmental and Scientific Affairs, enlists Iridium 33 (with International Code 1997-051C and NORAD 24946), for which the USA is the flag state and affirms that the satellite was not registered with the UN by the U.S. See: U.S. Space Objects Registry. 2 Nov. 2009. http://usspaceobjectsregistry.state.gov/registry/dsp_DetailView. cfm?id=1517. Similarly, the SPACEWARN Bulletin Number 527 substantiates that Iridium 33 was an American communications spacecraft that was launched with a Russian Proton-K rocket. See: “SPACEWARN Bulletin Number 527”. 1 October 1997. NASA National Space Science Data Centre. 2 Nov. 2009. http://nssdc.gsfc.nasa.gov/spacewarn/spx527.html.

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  21. Article 1 (2) of the Outer Space Treaty specifies that, “Outer space [... ] shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law”.

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Kai-Uwe Schrogl Wolfgang Rathgeber Blandina Baranes Christophe Venet

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Jakhu, R.S. (2010). Iridium-Cosmos collision and its implications for space operations. In: Schrogl, KU., Rathgeber, W., Baranes, B., Venet, C. (eds) Yearbook on Space Policy 2008/2009. Yearbook on Space Policy. Springer, Vienna. https://doi.org/10.1007/978-3-7091-0318-0_10

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