13 June 2018
The Zone above: the IndoPacific Era in Space

ROLE OF INTERNATIONAL SPACELAW IN THE ZONE ABOVE
SETSUKO AOKI,PROFESSOR OF LAW,
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KEIO UNIVERSITY LAWSCHOOLOverview
1 Law and order in the contemporary space activities
2 Australian space cooperation: its potentials
3 Cooperation with Japan in space activities
4 For the future in the Zone above: case of Australia and Japan
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1 Law and order in the contemporary space activities(1) Forums to discuss international space law
GeneralAssemblyOffice for
Disarmament
Affairs

IAEA
Conference on
Disarmament(CD)

国連総会UN1stCommittee

２３4thCommittee

５６ITU

DisarmamentCommission

COPUOS
87 members

UNIDIR
Subsidiary
Organ3

（2）UN 5 treaties on outer space A/AC.105/C.2/2018/CRP.3 (9 April 2018)
Signature/entry intoforce

NameAustralia

Japan

Number ofstates parties

1967

Outer Space Treaty

1967 ratified

1967 ratified

107

1968

Rescue & ReturnAgreement

1986 ratified

1983 acceded

96

1972

Liability Convention

1975 acceded 1983 acceded

95

1975
1976

Registration
Convention

1986 acceded 1983 acceded

67

1979
1984

Moon Agreement

1986 acceded Not signed

１84（3） since the 1980s: non-legally binding rules (soft law)
１ made in the legal subcommittee→UNGA Resolution
Subject-matter1982 Direct Broadcasting

1986 Remote Sensing
1992 Nuclear Power Sources (NPS)

2 made in the Scientific and Technicalsubcommittee→UN endorsement

2007 Space Debris Mitigation Guidelines
2009 COPUOS/STSC & IAEA nuclear
power sources safety framework

1996 Space Benefit
2004 Concept of the “Launching State”
2007 Enhancing the Practices onRegistering Space Objects
2013 National Legislation

３ made in the LSC → UN endorsement
2000 Use of geostationary orbit addressing paper
satellites, etc.

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(4) Important rules of the UN treaties on outer space
1 Freedom of the Exploration and Use of outer space, taking note of thebenefit and interests of all countries
Difficulty in coordinating between freedom and common interests

2 Non-appropriation of outer space (non-colonialization)

Internationalcooperation
1996 SpaceBenefit
Declaration

３ peaceful uses of the celestial bodies and non-aggressive use of outer void
space (space arms control)[* unique system on jurisdiction, responsibility and liability (launching States)]6

2 Australian space cooperation: its potentials(1) a model country of the rule-based space activitiesi) A State party to all UN space treatiesii) 8th country enacted national “space activities act” (SAA) in 1998
(Norway, Sweden, USA, UK, South Africa, Russia, Ukraine)
Currently in the process of amending its SAA tobetter address thepresent necessity for promoting space industry- One of the small number of countries which have launching site(s) for
orbiting objects in its territory geographical advantage + politicaladvantage (stable democracy) + strong tie with the US and UK-1 July 2018 Australian Space Agency to be established7(2) Number of bilateral cooperative projects in the20th century (©UNOOSA int’l agreements)
Country / Int’l Organization

Number of the instruments (incl. the amendment)

USA

18 Ground stations/scientific/RS
ESA (incl. ESRO/ELDO) 5 space vehicle tracking program(ground stations)/scientific/RS

West Germany
FranceUKJapan

3 scientific/ launch from Woomera
1 high-altitude balloon tests
1 re-entry of space object
1 provision of weather sat data8

(3) Australian space cooperation treaties in the 21st century
bilateral cooperation treaties (legallybinding) (A/AC.105/C.2/102 11 Feb.2013, etc.)- 2012 ESA Space Vehicle Tracking- 2012 USA pace Vehicle Tracking &Communication Facilities-2007 UK
Anglo-Australian OpticalTelescope-2004 Russia
peaceful exploration
and use of space

More recent cooperative frameworks,and consultations for a new cooperation2012 India (ISRO) MOU space science
2018 France (CNES) letter of intent(which may develop into a frameworkagreement)*****
discussed since 2016 Ukraine SpaceState Agency to establish a spaceport93 Cooperation with Japan (1) 3 examples
Double first for theboth countries
2002 The firstAustralian national
satellite “FedSat” waslaunched by Japan’s HIIA (with Japan’s
ADEOS-II satellite).
That was the firstforeign satellite launch
for a Japanese rocket.

Australia hosted AsiaPacific Region Space
Agency Forum (APRSAF)
twice
11th APRSAF 3-5 Nov.
2004 Canberra
17th APRSAF 23-26 Nov.
2010 Melbourne

Hayabusa (MUSES-C)(asteroid exploration)
2003 launched from
Uchinoura, Japan

2010 returned toWoomera, in Australia(1998 Space Activities Act )10

(2) Common elements in space: Australia and Japan
1 One of the 18 original members of the UN Committee on the PeacefulUses of Outer Space (COPUOS) established in 1958
-Increased security
2 Similar values in each national space policy, etc.
through space
Australia: 2013 Satellite Utilisation Policy;-International rules
Japan:

2018 Review of Australia’s Space Industry Capability -Promotion of spaceindustryrd2015 3 Basic Plan on Space Policy;
2017 Space Industry Vision2030

3 Strong tie with the U.S. e.g., Space Situational Awareness (SSA)
Australia and Japan : 2013 MOU with the U.S. on SSA cooperation
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4 For the future in the Zone above: what both countries can do?
1 Space for safety and security(1) To identify what is navigating where and for what? (SSA)Strengthening SSA cooperation with the US and also other countries in the region(2) To monitor what is navigating where and for what in the ocean
Maritime Domain Awareness (MDA) cooperation much needed(3) possibility of hosted payload for, e.g., remote sensing satellites
resilient space; economical and efficient space
Advantage:- Little barriers for export control regulations (both belong to all export controlregimes) and security alliance concerns- SSA already on the right track (MDA needs more active engagement)12(cont’d)
2 Space for prosperity and well-being (and of course also safety)
Finding new business using:- quasi-zenith satellites constellation (QZSS) which covers Australia;- Various application satellites;- Rocket sharing for stable launch business?

3 Extending cooperation (and healthy competition) using various cooperative
mechanisms to make a real open and free global community
various mechanisms: bilateral; trilateral; regional; inter-regional; UN
Advantage: both countries already belong to various regional and internationalframeworks
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