scholarly journals Assessment of environmental risks of space activities as a determinant of global security

2021 ◽  
pp. 15-19
Author(s):  
Tetiana HILORME
Keyword(s):  
Space Debris ◽  
Artificial Satellite ◽  
Environmental Risks ◽  
Production Operation ◽  
Space Systems ◽  
Global Security ◽  
National Space ◽  
Design Qualification ◽  
Two Phases ◽  
Space Activities

The paper investigates environmental risks of space activities in ensuring the concept of Clean Space as an integral component of global security. It has been proven that man-made debris in orbital space reached catastrophic proportions which calls upon immediate changes with the purpose of sustainable development of space activities. The work incorporates an elaborated classification of environmental risks that occur in the process of space activities, divided into four groups: by the source of risk, by type of orbit, by cause and effect and by the possibility of influence. It has been determined that countries to have generated the most space debris objects are Russia (the USSR), USA and China. Ukrainian national legislation in the sphere of space activities is currently at the stage of harmonization with international space agencies. Numerous issues remain insufficiently substantiated: improvement of the Technical Regulations for space activities, Procedures of liability insurance for damage inflicted to the space object, since the respective insurance contract must be one of the documents mandatory for fulfilling international obligations of the state with regard to its accountability for any type of national space activities. It has been established that apart from the Kessler effect there also exists a temporality effect – the effect of ”lengthened” time combined with the effect of its acceleration (singularity) – accelerated development of situational changes. This affects the catastrophic state of space debris cluttering in Earth’s orbit since the launch of the first artificial satellite. The paper examines a particular range of risks in accordance with two phases of the technological lifespan of space systems – ‘Operation’ & ‘Utilization’. It is stipulated by the fact that namely in these phases there exists the highest probability of occurrence of major risks of “influence”. Prospects of further research consist in the development of the system for assessment of risks of influence at all phases of the technological lifespan of space systems: ‘Mission analysis/needs definition’; ‘Feasibility’; ‘Preliminary design’; ‘Detailed design’; ‘Qualification & Production’; ‘Operation’; ‘Utilization’.

International Liability for Commercial Space Activities and Related Issues of Debris

2020 ◽  
Author(s):  
Elina Morozova ◽  
Alena Laurenava
Keyword(s):  
Space Debris ◽  
Artificial Satellite ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Air Space ◽  
Space Objects ◽  
Outer Space Treaty ◽  
International Liability ◽  
Space Activities

Space activities are technically sophisticated, challenging, and high risk endeavors. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on the Earth, in air space, or in outer space, can be traced back to the very beginning of the space era. In 1963, just few years after the first ever artificial satellite was launched, international liability was declared by the UN General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects, which are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called “launching states,” as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to settle liability issues, including those arising from commercial launches, however, it is not always mandatory. Frequently, space-related accidents involve non-functional space objects and their component parts, which are usually referred to as space debris. This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the non-functional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called “space debris.” This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.

Austrian National Space Law

2017 ◽  
Author(s):  
Cordula Steinkogler
Keyword(s):  
Space Debris ◽  
Outer Space ◽  
Planetary Science ◽  
Observation Data ◽  
Forthcoming Article ◽  
National Space ◽  
Space Objects ◽  
The Law ◽  
Space Activities ◽  
Debris Mitigation

This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.The Austrian Outer Space Act, which entered into force in December 2011; and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of national space legislation became necessary to ensure compliance with Austria’s obligations as State Party to the five United Nations Space Treaties when the first two Austrian satellites were launched in 2012 and Austria became a launching state on its own. The legislation comprehensively regulates legal aspects related to space activities, such as authorization, supervision, and termination of space activities; registration and transfer of space objects; recourse of the government against the operator; as well as implementation of the law and sanctions for its infringement. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the main conditions for authorization, which inter alia refer to the expertise of the operator; requirements for orbital positions and frequency assignments; space debris mitigation, insurance requirements, and the safeguard of public order; public health; national security as well as Austrian foreign policy interests; and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit break-ups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the Austrian space legislation is the possibility of an exemption from the insurance requirement or a reduction of the insurance sum, if the space activity is in the public interest. This allows support to space activities that serve science, research, and education. Moreover, the law also provides for the establishment of a national registry for objects launched into outer space by the competent Austrian Ministry. The first two Austrian satellites have been entered into this registry after their launch in 2012. The third Austrian satellite, launched in June 2017, will be the first satellite authorized under the Austrian space legislation.

The role of science in the study of and response to space threats

2019 ◽  
Vol 89 (8) ◽  
pp. 777-799
Author(s):  
B. M. Shustov
Keyword(s):  
Comparative Analysis ◽  
20Th Century ◽  
21St Century ◽  
Space Debris ◽  
The Sun ◽  
National Program ◽  
Biological Hazard ◽  
Academy Of Sciences ◽  
Space Activities

During the second half of the 20th century and the beginning of the 21st century, space hazards multiplied, the most urgent of which is space debris. Professionals working in space are exposed to this hazard daily and are aware of it as a problem. Furthermore, increasing attention is being paid to the unpredictable behavior of the Sun, which produces the so-called space weather. The asteroid-comet hazard is considered as potentially having the most catastrophic consequences. No manifestations of biological hazard have yet been observed, although as space activities develop, it is becoming increasingly important. The appropriate time scale for astrophysical hazards is many millions of years, so from a practical perspective, they have no importance. This article briefly describes the main types of space hazards. The author analyzes the results of research and practical work in the field, both worldwide and specifically in Russia. Comparative analysis leads to the clear conclusion that a national program must be developed for the study of space hazards and to respond to space threats. This article is based on a report made by the author at the meeting of the Presidium of the Russian Academy of Sciences (RAS) on January 15, 2019.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

2021 ◽  
pp. 097492842110477
Author(s):  
Athar ud din
Keyword(s):  
International Law ◽  
Outer Space ◽  
National Space ◽  
Commercial Use ◽  
Future Space ◽  
Space Law ◽  
Recent Developments ◽  
Celestial Bodies ◽  
Emerging Powers ◽  
Space Activities

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

Regulacja górnictwa kosmicznego w polskiej ustawie o działalności kosmicznej

2021 ◽  
pp. 171-186
Author(s):  
Mariusz Tomasz Kłoda ◽  
Katarzyna Malinowska ◽  
Bartosz Malinowski ◽  
Małgorzata Polkowska
Keyword(s):  
Polish Space ◽  
Eu Law ◽  
International Space ◽  
National Space ◽  
Space Activity ◽  
Space Law ◽  
The Usa ◽  
Polish Law ◽  
Space Activities ◽  
Do So

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.

Main Contents and Comment on the Law of the DPR Korea on Space Exploration

2021 ◽  
pp. 1-12
Author(s):  
Kum-Chol Ro ◽  
Yong-Nam Son ◽  
Kwang-Il Sin
Keyword(s):  
National Economy ◽  
Space Exploration ◽  
Republic Of Korea ◽  
International Space ◽  
National Legislation ◽  
National Space ◽  
Basic Law ◽  
The Law ◽  
Space Activities

Abstract On 1 April 2013, the Law of the Democratic People’s Republic of Korea on Space Exploration was enacted and promulgated by the Supreme People’s Assembly. The law is the first national legislation governing national space activities and it forms the basic law in the field of national space exploration. The enactment of this law provides a domestic legal guarantee for national space activities to the advantage of the country’s national economy and people’s livelihoods in conformity with the requirements of international space-related treaties. The paper provides a summary description and analysis of the national space legislation of the Democratic People’s Republic of Korea with an eye to the UN resolutions concerning national space legislation and other countries’ national space laws.

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