14TH SPACE LAW SYMPOSIUM

RISK MANAGEMENT AND CONTINUINGSUPERVISION IN ORBIT9TH FEBRUARY 2023
KOICHI KIKUCHIADVISOR TO THE DIRECTOR, JAPAN AEROSPACE EXPLORATION AGENCY(JAXA)RESEARCHER, KEIO UNIVERSITY SPACE LAW CENTER
PART-TIME LECTURER, UNIVERSITY OF TOKYO GRADUATE SCHOOL OF PUBLIC POLICYRESEARCHER, UNIVERSITY OF TOKYO INSTITUTE FOR FUTURE INITIATIVESFINDINGS ON LEGAL NORMS IN OUTER SPACE:FOR SUSTAINABLE SPACE ACTIVITIES Establishing International Norms Prohibition of DA-ASATUN Resolution, China-Russia
 Compliance with COSPAR PPPNon-legally binding Transparency in Space Exploration
OST Art. 11 Project, Artemis Accords

 National Implementation
 Authorization
Licensing mechanism
 Continuing Supervision
Legal aspect
Technical aspect Military Use of Outer Space
Russia-Ukraine War MILAMOS
Rules for military use of outer space

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RISK MANAGEMENT IN ORBIT Project Management
 Avoidance
E.g., Prohibition
 Mitigation

 National/International Framework SharingE.g., Insurance requirement andgovernment indemnification for:- Launching rocket

E.g., Standardization
 Transfer
E.g., Insurance AcceptanceE.g., Go for launch!

- Operating satellite Incentive
E.g., Space Sustainability Rating (SSR),
Net Zero Space Declaration

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CONTINUING SUPERVISION IN ORBIT Legal Aspects
 Licensing
E.g., Reporting, Renewal
 National Space Agency
E.g., Support to regulatory authority

 Technical Aspects
 Monitoring
E.g., Space Situational Awareness (SSA),Space Domain Awareness (SDA) National Space Agency
E.g., Support to monitoring organization

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JAPAN’S OOS GUIDELINES
Chronology• In November 2020, the Government of Japan’s InterAgency Task Force on Space Debris decided to start
studying the rules and regulations for on-orbit servicing(OOS) missions.
• In December 2020, the Sub-Working Group on On-Orbit
Servicing was established and started its study.
• In May 2021, the Sub-Working Group delivered the reportwith the Rules for On-Orbit Servicing.
• In November 2021, based on the Rules, the Guidelines on a
License to Operate a Spacecraft Performing On-Orbit
Servicing (OOS Guidelines) were established and published.

OOS Guidelines(Source: Cabinet Office, Japan)
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INTERNATIONAL FRAMEWORK• Basic international legal framework
••

•

•

State Party to OST is responsible for its national spaceprogram.
Launching State(s) is(are) liable for damage to thethird State caused by the space object launched.
State of registry obtains jurisdiction and right ofcontrol over the space object registered.
State of registry is equal to or included in thelaunching State(s).

• LTS Guidelines•

Section A.3, A.5, B.1, B.4, B.8, B.10

UNCOPUOS(Source: Ministry of Foreign Affairs of Japan)

RISK-BASED APPROACH• Technical Aspects•

The servicer should know the architecture of theclient object to ensure safe operation throughoutthe mission.

• Legal Aspects•

The stakeholders should understand theresponsibility and liability to both of servicer
spacecraft and client space object.

• International Relations•

The rules should ensure safe and transparent
OOS missions, and should be open.

Possible Scenarios

OVERVIEW OF THE RULES
Framework of OOS• The OOS mission should be conducted on the agreement
between the servicer and the client or the consent fromthe client.
• The registration of the client object should be done.
• The client should comply with the rules of the State
which registered or licensed the client object or notify
the mission to that State.
• The servicer should provide the Space Situational
Awareness (SSA) organization with the operation planand other information.
• The servicer provide potentially affected entities in thecase of malfunction or accident with the informationnecessary.

Framework of OOS
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THANK YOU FOR YOUR ATTENTION!

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