Lecture on Space Law 2017 •Chart 1>> Dr. Schmidt-Tedd >8th Space Law Symposium
at the Keio University of Tokyo, 13th March 2017
UNISPACE+50:
Space law developments and global space governance –expectations for the LSC Working Groupon the Status and Application of the 5 treaties
Dr. Bernhard Schmidt-Tedd
Head of Division, Legal Support Space Administration

A. The overall context:
UNISPACE+50 (2018)
50th anniversary of the Outer Space Treaty (2017)
WG Status and Application of the 5 Treaties

Lecture Tokyo 2017 • UNISPACE +50 Dr. B. Schmidt-Tedd

UNISPACE+50 - BackgroundThe year 2018 will mark fifty years of the first United Nations Conference on the Exploration and Peaceful Uses ofOuter Space (1968 - 2018): UNISPACE+50– UNISPACE I (1968):• Benefit of developing nations.
• Creation of the post of Expert on Space Applications within UNOOSA– UNISPACE II (1982):• Peaceful purposes and prevention of an arms race in outer space• Strengthening the United Nations' commitment to promoting international cooperation– UNISPACE III (1999):• Blueprint for the peaceful uses of outer space• The Space Millennium: Vienna Declaration on Space and Human Development (Vienna Declaration)

Lecture Tokyo 2017 • UNISPACE +50 Dr. B. Schmidt-Tedd

Seven UNISPACE+50 Thematic Priorities
02 Legal regime ofouter space andglobal space
governance: current
and future
perspectives

01 Global
Partnership in
space
exploration andinnovation

05 Strenghtenedspacecooperation for
global health

06 Intrenational
cooperation towards
low-emission andresilient societies

03 Enhanced
informationechange on
space objects
and events

04 Internationalframework forspace weather
services

07 Capicitybuilding for thetwenty-first
centuryUNISPACE+50 thematic priorities –and the context of the legal regime for outer space
1. Global partnership in space exploration and innovation

2. Legal regime of outer space and global space governance: current and future
perspectives
3. Enhanced information exchange on space objects and events
4. International framework for space weather services
5. Strengthened space cooperation and global health
6. International cooperation towards low-emission and resilient societies
7. Capacity-building for the 21st Century

Thematic priority 2: Legal regime of outer space and global space
governance: current and future perspectives
Objective: Promote the universality of the 5 UN Space Treaties
State of affaires / Relation to other international instruments / Effectiveness /Identifying areas of additional regulation

Developing the questionnaire - perspective up to 2018
Studying potential future legal and institutional initiatives –space law as a relevant part of global space governanceStudying legal mechanisms to foster an internat. regime of responsibility/liability- Challenges for safety / security / sustainability- enhanced information on objects and events- avoidance of in-orbit-collisions and interference
Identifying by 2018 criteria for a guidance document 2020
Considering means of strengthen the LSC – closer cooperation with STSC

Mechanism: WG Status and Application of the 5 treaties

Lecture Tokyo 2017 • UNISPACE +50 Dr. B. Schmidt-Tedd

UNISPACE+50 process - 50 years Outer Space Treaty
Space Law Development / Global Space Governance

Thematic Priorities

STSC

WG of the Whole
LTS Guidelines

LSC
WG 5 Treaties

Special Agenda Items

B. The core legal working tools:

UNISPACE+50: Thematic Priority 2
Questionnaire of the WG of the 5 treaties

Lecture on Space Law 2015 •Chart 9> Liability & Registration > Dr. Schmidt-Tedd > 6 NOV 201502 Legal regime of outer space and global space governance:
current and future perspectives
Objectives:
Promote the universality of the five United
Nations treaties on outer space. Assess thestate of affairs of those treaties and theirrelationship with other relevant international
instruments, such as principles, resolutions andguidelines governing space activities. Analyse
the effectiveness of the legal regime of outerspace in the twenty-first century, with a view to
identifying areas that may require additional
regulation.
Conduct an evaluation by:a) Developing the questionnaire of theWorking Group on the Status and Application of
the Five United Nations Treaties on Outer Space
to encompass an assessment of the legal
regime of outer space as a pillar of global
space governance. The questionnaire should
be used in the period leading up to 2018 toassist the Legal Subcommittee in addressing thestatus and scope of, and assessing and, as
appropriate, addressing possible gaps in, thelegal regime of outer space;Lecture on Space Law 2015 •Chart 10> Liability & Registration > Dr. Schmidt-Tedd > 6 NOV 201502 Legal regime of outer space and global space governance:
current and future perspectives(b) Studying potential future legal andinstitutional initiatives intended to ensure thatouter space is explored and used for peacefulpurposes and that access to outer spaceremains open and free for the benefit of all
countries, in order to ensure that international
space law is a relevant part of global space
governance in the twenty-first century in thelight of the significant scientific developments
and technical advances that have affected
space activities;(c) Studying legal mechanisms to foster aninternational regime of responsibility and liability
to cope with present and future challenges to thesafety, security and sustainability of outer space
activities and the safety of space operations,perspectives of space traffic management
and an enhanced exchange of information on
space objects and events. Specific consideration
is to be given to current practical concerns of theinternational community, such as in-orbit
collisions and interferences. In particular, there
should be an assessment of the need forenhancedregistration
andnotification
procedures and their institutional requirements
under the registration and notification platform
maintained by the Office for Outer Space Affairs;

Lecture on Space Law 2015 •Chart 11

> Liability & Registration > Dr. Schmidt-Tedd > 6 NOV 201502 Legal regime of outer space and global space governance:
current and future perspectives(d) Identifying, by 2018, approaches andpossible criteria for developing, by 2020, a
guidance document to be issued by theCommittee on the Peaceful Uses of Outer
Space with essential information on the state ofaffairs of the legal regime governing outerspace, including relevant instruments applied
through national regulatory frameworks andinternational mechanisms for cooperation. Sucha document should serve as valuable guidance
for States wishing to become a party to the five
United Nations treaties on outer space;(e) Considering means to strengthen
the Legal Subcommittee as the prime
multilateral body with a mandate topromote the progressive developmentof international space law, including
proceduralandinstitutional
improvements and closer cooperation
with the Scientific and Technical
Subcommittee.

Lecture Tokyo 2017 • UNISPACE +50 Dr. B. Schmidt-Tedd

02 Legal regime of outer space and global space governance:
current and future perspectives
Mechanisms

Existing Working Group on the Status andApplication of the Five United Nations
Treaties on Outer Space of the Legal
Subcommittee, which should coordinate its
work with the Working Group on the Longterm Sustainability of Outer Space Activitiesof the Scientific and Technical Subcommittee.

Proposed Workplan:
2017: Further discussions on the Questionnaire in the Working Group
2018: Identifying and defining the Key Points for the UNCOPUOS GuidanceDocument
2019: Preparatory work on the UNCOPUOS Guidance Document
2020: The UNCOPUOS Guidance Document that will provide States wanting
to become a party to the UN Space Treaties necessary information on thelegal regime governing outer space
Perspective 2030: Implementing provisions for the UNCOPUOS GuidanceDocument thereby creating Space Traffic Management rules

C. Interrelation LTS / WG 5 Treaties
Requested closer cooperation LSC /STSC
Operational aspects / Universalisation
Positiv Developm. in the implementation of Guidelines

.
.

UNCOPUOS has 84 Member States (24 in 1959, when started as permanent body)
Two basic tasks :Session support of UNCOPUOS / Implementation of GA decisions / of UNCOPUOS
and Support of developing countries in space applications

New task: technical assistance in implementing the treaties / Capacity Building
Outer Space Treaty is ratified by 104 States
15 UNCOPUOS Member States not yet ratified / signed the Outer Space Treaty
Effort necessary to close the gap / relevance for the mandate of space law development / space governance
14

Universality of the UN Space Treaties• The Outer Space Treaty and the four special treaties as a comprehensive framework

Assistance/ Return (Art. V)
Liability (Art. VII)
Registration (Art. VIII)
Moon Regime (Art. IV, XII)






ARRA into force 03 Dec1968
LIAB
into force 01 Sept 1972
REG
into force 15 Sept 1976
MOON into force 11 July 1984

• Status quo of ratification / signature (April 2016)

OST
ARRA
LIAB
REG
MOON

(1967)(1968)(1972)(1976)(1984)> 104 Ratifications / 25 Signatures> 95 Ratifications / 24 Signatures> 93 Ratifications / 21 Signatures> 62 Ratifications / 4 Signatures> 16 Ratifications / 4 Signatures• Open issue: Consensus by Ressources and exploitation

Operative implementing instruments in specific areas

STSC WG on Long-term sustainability of Outer Space Activities: first set of
guidelines agreed in 2016
Between the 12 agreed upon guidelines are inter alia the following topics:- Adopt, revise and amend, as necessary, national regulatory frameworks for outer space activities- Supervise national space activities- Promote the collection, sharing and dissemination of space debris monitoring information- Sharing of operational space weather data and forecasts- Research/support of ways to support sustainable exploration and use of outer space- Investigate/consider new measures to manage the space debris population in the long term

LTS open issues / further guidelines under discussion
Guideline topics for further discussion are inter alia:- Enhance the practice of registering space objects- Commitments in national policy of conducting space activities solely for peaceful purposes- No intentional modification of natural space environment- Policies precluding interference with foreign objects (unauthorized access)- Information on space objects and orbital events- Safety and security of terrestrial infrastructure- Criteria and procedures for active removal of space objects from orbit- Criteria and procedures for active removal under exceptional circumstances(spec. non-registered objects)- Normative and organizational frameworks for ensuring effective and sustained implementation of theguidelines

Lecture on Space Law 2015 •Chart 18

> Liability & Registration > Dr. Schmidt-Tedd > 6 NOV 2015

LTS Guidelines and (national) implementation
National Implementation of the first set of Guidelines, e.g.
The UK‘s implementation of the first set of guidelines on LTS of Outer Space Activities(STSC 2017, CRP. 21)
General presentation of French activities and views for LTS of outer space, in relation with theimplementationof the first set of guidelines (STSC 2017, CRP. 26)

LTS Guidelines – Implementation and updating(A/AC.105/C.1/L.354 of 20 June 2016: Guideline 29 ; A/AC.105/L.308, unedited version of 15 Feb. 2017: Chapter E 23-26)(24) The UN should be regarded…as the principal forum for continued instituionalized dialogue
on issues related to the implementation of the guidelines.
(25) …the guidelines should be periodically reviewed and revised to ensure that they continue toprovide effective guidance to States…

Lecture on Space Law 2015 •Chart 19

> Liability & Registration > Dr. Schmidt-Tedd > 6 NOV 2015

UN-Level
Treaties & Soft Law (Resolutions / Principles)

Admin.-procedural Rules (int. level)
Living Best Practice Doc. / Adaption to technicaldevelopments

National Implementation
National Space Legislation / Licensing / Space
Administration

Comparative Example
Following the ITU mechanism for revisions of the
Administrative Regulations by the World Conferences:▪ By ratifying the Constitution the State accepts also the binding mechanism of the
Administrative Regulations▪ the revisions are only binding for those states which accept them in an explicit way▪ For members states that do not agree to the revisions:» the revision is applicable in a provisional manner to all member states which have signed
the final act of the conference, except if they have explicitly contradicted them» such provisional application shall continue for a Member State until it notifies the
Secretary-General of its decision concerning its consent to be bound by any such revision» if a Member State fails to notify the Secretary-General of its decision concerning its
consent to be bound within thirty-six months following the date or dates of entry into
force of the revision, that Member State shall be deemed to have consented to be boundby that revision

There are three possible outcomesbeyond provisional application:•••

First, a member state has given its explicit consent and hence the revision has the character of an international
agreement
Second, a member state has signed the final act, and is bound to the revision,
after a period of 3 years even without explicitly consenting to it
Thirdly, a member state has not signed the final act, and is not bound by the revision but the Administrative
Regulations remain having the character of international agreements.

This system constitutes a sophisticated secondary hard law norms creation mechanism
and it has proven to be very successful in getting member states to follow regulations ina binding manner

D. Specific aspects of the Questionnaire
Discussion points 2017

Updated Questionnaire on Status and Application of the 5 Treaties• The legal regime of outer space and global governance• UN Treaties / provisions related to Moon and other celestial bodies• International responsibility and liability

Is there a need for traffic rules in outer space as a prerequisite of a fault-based liability regime?
• Registration of space objects

Does the concept of mega constellations raise legal and / or practical questions?
Is there a need for an adapted registration form?
Is there a possibility to introduce a registration ‘on behalf’ of a State?

Lecture Tokyo 2017 • UNISPACE +50 Dr. B. Schmidt-Tedd

Basic Rules of the Outer Space Treaty (OST) and the four
Implementing Agreements
Outer Space Treaty (OST)

Implementing Agreements

Assistance/ Return (Art. V)
Liability (Art. VII)
Registration (Art. VIII)
Moon regime (Art. IV, XII)

Rescue Agreement (ARRA)
Liability Convention (LIAB)
Registration Convention (REG)
Moon Treaty (MOON)- Strenghen the system- Identify necessary developments for the liability and registration system- New efforts for consensus in the area of space ressources and non-appropriation

Lecture on Space Law 2017 •Chart 25>> Dr. Schmidt-Tedd >The core system: Art. VI – VIII Outer Space Treaty
Art. VI OST“responsibility““national activity“

Registration allocatesjurisdiction and control toa (single) launching State

Responsibility for national
activities might affect Nonlaunching States

Art. VII OSTArt. VIII OST“launching State““State of registry“
Criterion ‘launching State’ is a“liability““jurisdiction and control“
pre-condition for jurisdiction & control

Lecture on Space Law 2017 •Chart 26

> Dr. Schmidt-Tedd >Recall: Liability in the Context of UN Space Law
UNGA Resolution on Principles 1962 (XVIII) of 13 December 1963
8. Each State which launches or procures the launching of an object into outerspace, and each State from whose territory or facility an object is launched, isinternationally liable for damage to a foreign State or to its natural or juridical
persons by such object or its component parts on the earth, in air space, or inouter space.

Article VII Outer Space Treaty (OST) 1967
Liability Convention (LIAB) 1972

Lecture on Space Law 2017 •Chart 27>> Dr. Schmidt-Tedd >UNGA Resolution 1721 B (XVI)
First call for registration- UNGA Resolution 1721 A (XVI)➢Applicability of Public Int. Law and the
UN-Charta in Outer Space and on
Celectial Bodies (para. 1 lit. a)➢Freedom of use and nonappropriation(para 1 lit. b)- UNGA Resolution 1721 B (XVI)➢Call upon States for the registration oflaunchings (para. 1)➢Request on the UN Secretary-General tomaintain a public registry* (para. 2)* Wording today: RegisterLecture on Space Law 2017 •Chart 28

> > Dr. Schmidt-Tedd >Registration in the Context of UN Space Law
UNGA Resolution 1721 B (XVI) of 20 December 1961
UNGA Resolution on Principles 1962 (XVIII) of 13 December 1963

Article VIII Outer Space Treaty (OST)Registration Convention (REG)
Registration Practice Resolution 2007 (UNGA Resolution 62/101)- A continuous development for more than 5 decades- New challenges in the registration practice due to complex constellations- Evolution of Registration Practice, based on the basic principles and functions

Lecture on Space Law 2017 •Chart 29

> > Dr. Schmidt-Tedd >Art. VIII OST (Registration) Core Elements
Three legal terms: Registration/ Jurisdiction and control/ Ownership
Each State party is responsible for all its nationals (legal or natural person)

Non-functional objects are and remain space objects
Registration only by launching States (no genuine link principle)
Delivery in orbit versus transfer of ownership / operation

No distinction civil/ military object

Lecture on Space Law 2017 •Chart 30

> > Dr. Schmidt-Tedd >Some important aspects of registration
Attribution of space objects to States
Jurisdiction and control as a comprehensive legal concept

Registration by IGOs without full sovereignty
Solutions for cross border change of operator control
Space objects and component parts/ its launch vehicle (Art. I REG)

Lecture on Space Law 2017 •Chart 31

> > Dr. Schmidt-Tedd(First) Registration
Satellite 1

Satellite 2

The registration by a (first registering) launching State
covers all objects launched into outer space, such as theupper stage, the fairing, break-up parts, and the payload(satellites).

Lecture on Space Law 2017 •Chart 32

> > Dr. Schmidt-Tedd >Registration of Upper Stage & foreign Payloads

Launch Service Provider

Satellite 1
Payload Customer 1

Satellite 2
Payload-Customer 2

In case of a joint launch by a launch service provider of
two payloads, procured by two payload customers, there
should be, accordingly, three registrations.
The State behind the launch service provider (launched)
and States behind the payload customers (procured) arelaunching States.

Lecture on Space Law 2017 •Chart 33

> > Dr. Schmidt-Tedd >Issues in relation to Transfer of Operation:
Jurisdiction & Control (Art. VIII OST) / Operational Control
State X
original launching State
State of registrybilateral agreement

State Yjurisdiction and control
effectively exercising rightsof the State of registry

Guarantor (Art. VII/VIII OST)

Op1

Op2

Civil law sale
contract(s)appropriate State (Art. VI)
OST)

Lecture on Space Law 2017 •Chart 34

> > Dr. Schmidt-Tedd >Reflections:• Registration has a function, different from Space Traffic Management• Future Mega-Constellations and Registration• Launch of a space object in different steps: relevant ‘launch‘ for the qualification as launchingstate• Non-compliance with contractual obligations between launch service provider and payload
customer: are there options for a ‚registration on behalf‘ ?

The international regime of responsibility / liability –Need for institutional / operative structures• No fault liability without traffic rules• Basic principles of responsibility/liability an element of international law –operative traffic rules a layer of administrative law• How to implement traffic rules in the setting of international law?
• Comparative examples by ITU and ICAO
• Need for an administrativ-procedural setting of space law?
• Guidelines / best practice / soft law and operational aspects

Lecture on Space Law 2017 •Chart 36

> > Dr. Schmidt-Tedd >UNGA Resolution 1962 (XVIII) of 13 Dec. 1963 –Declaration of Legal Principles …
- Basic Principles governing the Activities of States in the Exploration and Uses of Outer Space:
1.Province of all mankind
2.Freedom for exploration and use
3.Non-Appropriation
4.Use in accordance with international law/ UN Charter5.International Responsibility for national activities
6.Cooperation, mutual Assistance, Consultations
7.Registration as connecting point for jurisdiction and control
8.Liability for launching States
9.Assistance for astronauts in distress- Principles are implemented by the OST and generally accepted / customary international law- Todays challenge: Safeguarding the consent on those Principles, strenghen awareness andknowledge, add operational tools for its adaptation to challenges of the 21st Century

E. Expectations / Visions 2017 / 2018 …2020…
Thematic priority 2 / Outcome of WG 5 Treatiesand global space governanceCross-discipline perspectives• Means to promote understanding, acceptance and implementation of the
UN Treaties and Principles on Outer Space• Objective to study trends and challenges to the progressive development of space law• Identifying possible ways and innovative solutions for the
progressive development of space law• Assessment of the status of the legal regime / potential gaps /future regulatory perspectives

Registration and space traffic information –two different legal regimes, goals and functions• Registration is a prerequisite for jurisdiction and control over an space object in outer space(indicative orbit information, not real time)• Traffic information is a prerequisite for safety, security and sustainability of outer space activities(real time information necessary)• Registration system well established in the UN system(regular improvements possible)• Traffic information / Information on objects and events remains an challenging open subject (information
access for all space actors)

The way forward to a 2020 Guidance Document
In the frame of the UNISPACE+50 process , until 2018,
approaches and possible criteria should be identified
for an UNCOPUOS Guidance Document by 2020
with essential information- on the state of affaires of the legal regime governing outer space- incl. relevant instruments applied through national regulatory frameworks and international
mechanisms for cooperation.
Goal:
Guidance for States wishing to become a party to the 5 UN Space Treaties

LSC as the prime multilateral body with a mandate forthe progressive development of international space law
UNCOPUOS Report of its 59th Session, June 2016
GA Official Records A/ 71/20(284.) The Committee agreed that it served, together with its two Subcommittees, as a unique common
platform for promoting international cooperation in the peaceful uses and exploration of outer space on a global
scale, facilitating rule of law in outer space and capacity-building in space technology and its applications, forthe benefit of all nations, in particular developing countries.

Lecture Tokyo 2017 • UNISPACE +50 Dr. B. Schmidt-Tedd

Work and Objectives for LSC 2017

Declaration
GA Resolution
UNISPACE+50(for 2018)50 years OST
UpdatedQuestionnaire &Prority 2 Proposals
Steps for the 2018 criteria
and the 2020 guidance
document

Lecture Tokyo 2017 • UNISPACE +50

UNISPACE+50 – the way forward
The preparatory work for UNISPACE+50 and its final outcomes should be shaped throughout the period
towards 2018 by taking into account the:❖ work carried out by the Committee and its subsidiary bodies,❖ the role of symposiums being held regularly during the sessions of the two Subcommittees,❖ contributions by States members of the Committee and permanent observers,❖ the series of the High-Level Forum organized by the Office,❖ the programme of work of the Office for Outer Space Affairs and its Subcommittees.

A final draft of a dedicated General Assembly resolution should be presented for endorsement at the
UNISPACE+50 segment during the sixty-first session of the Committee in June 2018. The negotiations on a
draft resolution should start during the 2017 cycle of the sessions of the Committee and its Subcommittees.

Lecture on Space Law 2017 •Chart 44

> Dr. Schmidt-Tedd >Thank you for your attention

Lecture on Space Law 2015 •Chart 45

> Liability & Registration > Dr. Schmidt-Tedd > 6 NOV 2015