Right of space

The right of space , in a strict sense, indicates the branch of the International law which treats activities of the State S in space known as “extra-atmospheric”. Although there does not exist any limit between the airspace and cosmic space (atmospheric limit not being recognized in Droit), the rules of the right of space envisage a specific regime for the activities of exploration and use of “extra-atmospheric” space. In the broad sense, the right of space includes/understands the whole of the rules relating to the space activities, including the legal provisions private.

History

When in 1957, the the USSR lance the first artificial satellite of the Ground, the Sputnik, opens a new era. This exploration (then qualified “conquest”) of a completely new field very quickly raises questions of very diverse nature. Instead of extending the principles applicable to other fields of the Law of nations, the nations undertook to institute a body of principles and rules completely new. This one will inspire a few years later the International law of the Sea.

A specific body was created in 1959 within the General meeting of the United Nations: the Committee for the peaceful use of the outer space . This Committee is assisted by two sub-committees, of which one in charge of the legal questions.

The legislative answers to the questions raised by the race with space were very fast. In 1963, the General meeting of UNO adopted a resolution which devoted the basic principles relative to this new sphere of activities. Space was explored and used for the community property of the Humanité, was not likely of appropriation and could not be the object of national sovereignty. Moreover, the responsibility for the active States in this field was committed for all the activities undertaken under their jurisdiction, whether they are it by their Gouvernement or private individuals. This resolution preceded the 5 great treaties of the Right of Space.

Independent sources of the right of space

The independent sources of the right of space sensu stricto are:

International treaties negotiated within the United Nations

They are five:

the Treaty on the principles governing the activities of the States exploration use of the outer space, including the the Moon and other celestial bodies, concluded the January 27th 1967 and come into effect the October 10th 1967 (known as “the Treated Space”). This treaty constitutes to some extent the “Charter of Space”. It takes again the majority of the principles stated by the Resolution of 1963;

the Agreement on the rescue of the astronauts, the return of the astronauts and the restitution of the objects launched in the outer space, concluded the April 22nd 1968 and come into effect the December 3rd 1968. This treaty envisages measurements in the event of repercussion of space objects, inhabited or not, on ground. In addition, it imposes an obligation of help and assistance to the astronauts in the outer space. It devotes the statute “of envoys of the Humanity” of the astronauts;

Convention on the international responsibility for the damage caused by space objects, concluded the March 29th 1972 and coming into effect on September 1st, 1972. It imposes on the States a form of exorbitant international responsibility compared to the common right. The States which proceed or make carry out a launching, just as those which lend their territory or their installations for purposes of a launching, are jointly held of the damage which could be caused by the space object or its components. This responsibility is based on the fault when the damage is caused in Space. It is absolute when the damage is caused on the surface of the Earth or an aircraft in flight;

Convention on the registration of the objects launched in the outer space, concluded the January 14th 1975 and coming into effect the September 15th 1976. This convention enacts the obligation for the State of launching of a space object to register this object and to communicate the relative informations with its identification with the General secretary of the United Nations. A State preserves under its jurisdiction an object registered by him;

the Agreement governing the activities of the States on the Moon and the other celestial bodies, concluded on December 18th, 1979 and come into effect on July 11th, 1984. This last treaty met appreciably less success than the precedent as for its rate of participation. The fact that it devotes the Moon and the other celestial bodies of the Solar system as “common inheritance of Humanity” is certainly not foreign there. In this respect, he announced the difficulties which were going to encounter the Convention of Montego Bay on the Right of the Sea and, more particularly, its Part XI relating to the exploitation of high sea-beds.

Resolutions of the General meeting of the United Nations

Since emitted by the General meeting and not the Safety advice, these international acts do not have an obligatory force. They do not constitute of them less standards of reference impossible to circumvent for the whole of the United Nations. One recognizes five principal Resolutions to date:

Resolution 1962 (XVIII) bearing Declaration of the legal principles governing the activities of the States exploration use of the outer space, adopted the December 13rd 1963. It is about the text at the origin of the devoted principles a few years later by the international treaties;

Resolution 37/92 on the Principles governing the use by the States of artificial satellites of the Earth for purposes of international direct television, adopted the December 10th 1982. These principles govern the emissions of television programs which can be directly collected out of the borders of a State;

Resolution 41/65 on the Principles on the teledetection, adopted the December 3rd 1986. These principles apply to the activities of active observation of the Earth, mainly with the detection of natural resources;

Resolution 47/68 on the Principles relating to the adopted nuclear use of energy sources in space, the December 14th 1992. These principles enact the precautions to be taken during the nuclear launching of energy sources in Space;

Resolution 51/122 bearing Declaration on the international cooperation exploration use of space to the profit and in the interest of all the States, taking into account in particular the needs for the countries in the process of development, adopted the December 13rd 1996. This Resolution presents more political contents. It reaffirms the basic principles of the right of space.

Concurrently to these 5 Resolutions, it is also necessary to quote that adopted at the conclusion of the Third conference of the United Nations on the exploration and the peaceful use of the outer space which was held in Vienna, in July 1999. It acts, there too, of an eminently political text.

Other sources of the right of space

In addition to the treaties and the resolutions of the United Nations, other international instruments are sources of Right of Space:

certain multilateral international agreements, like the intergovernmental for the development and the use of the International space station, concluded in 1988 and revised Agreement in 1998;

certain bilateral agreements between States or international organizations;

certain acts or treated founders instituting of the international organizations specialized or active in the field of the space activities (Convention of the European space agency, Convention EUMETSAT, Constitution, Convention and payments of the International union of telecommunications, etc);

in certain connections, the national legislations constitute a contribution with the Right of Space. Countries like the the United States, the the United Kingdom, the Australia, the Russia, the Sweden or the Canada have space legislations, of which some establish organizations or specialized agencies (example: NASA);

finally, the international law remains the fundamental source of the Right of Space: the general principles, the Charte of the United Nations, international jurisprudence (even if there to date does not exist any international space matter jurisprudence).

Topicality and futurology

Today, the Right of Space makes watch of a strong tendency to integrate problems of the economic type. The privatization and the marketing of the space activities and their various branches (launchers, telecommunications, navigation by satellite,…) , to a certain extent, the States relegated to the rank of secondary actors vis-a-vis the private operators and to the commercial service providers. Questions such as the transfer of activities between private companies, the intellectual property generated in flight, the use of the geostationary orbit, the multiplication of the space remains or the commercial exploitation of space and the space voyages, do not finish any more occupying the specialized lawyers.

Vis-a-vis this phenomenon, more and more of States launch out in the development of legislations ad hoc intended to control this new sector. On her side and considering the considerable interests concerned, the General meeting of the United Nations and her Committee for the peaceful use of the outer space appreciably decreased their international legislative activity. The consensus required within the Committee again makes extremely theoretical the adoption international instruments in normative matter.

External bond

Official site of the office of UNO in Vienna

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