Maintaining Long-Term Sustainability of Outer Space Activities: Creation of Regulatory Framework to Guide the Asia-Pacific Space Cooperation Organization and Selected Legal Issues

Space Policy ◽  
2019 ◽  
Vol 47 ◽  
pp. 51-62
Author(s):  
Yongliang Yan
Author(s):  
A. I. Antonov

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space


Author(s):  
Saadia M Pekkanen

Abstract China and Japan are among the world’s top space powers, with significant technical competence in both conventional and ‘newspace’ capabilities. Since the early 1990s, each country has also taken a keen interest in shaping the governance of outer space activities. But they have done so in remarkably different ways, calling into question Asian states’ supposed preferences for soft and informal institutions. Japan has led the Asia-Pacific Regional Space Agency Forum, involving both state and nonstate participants, which is guided by a set of principles. China has opted for a high-profile formal intergovernmental design, the Asia-Pacific Space Cooperation Organization, with a Convention and all the trappings of a formal organizational structure. This article assesses the activities of China and Japan in the new space race, discusses how and why the design of their space governance differs, and reflects on prospects for competition and cooperation.


Author(s):  
E.A. Pavlova ◽  
V.A. Voropaev

The paper dwells upon the security and long-term sustainability of space activities and introduces the main guidelines, approved by the UN General Assembly, as well as the guidelines, which did not receive consensus approval in the UN Committee on the Peaceful Uses of Outer Space. The challenges of the long-term sustainability of space activities for achieving the goals, objectives, and means of developing world cosmonautics and maintaining the status of the Russian Federation as a world space power are reflected. The study focuses on the problems and challenges associated with the man-made debris of near-Earth space, the delimitation of air and outer space, the need to organize space traffic control, which is inextricably linked with the deployment of multi-satellite orbital constellations. The issues of counteracting the asteroid-cometary hazard are touched upon. The research findings given in the paper should help representatives of the Russian space industry understand the problems, challenges, and essence of the long-term sustainability of space activities in conjunction with issues of ensuring its security.


Author(s):  
Tunku Intan Mainura

The purpose of this article is to analyse the literature concerning legal framework for outer space activities by states. Review was conducted on the elements of national space law, including literature critiquing particular strengths or weaknesses of existing laws and literature, on the obligations placed on States under international law and on why writers make particular recommendations as to the content of legislation. The article will summarise the key elements one would anticipate finding in the outer space regulatory framework and which will form the structure of the analytical framework when considering how States implement international space law in practice.


2020 ◽  
Vol 64 (11) ◽  
pp. 62-73
Author(s):  
L. Pankova ◽  
O. Gusarova

The article addresses the technological base development for the exploration and use of outer space over the current decade and the subsequent period. Primary attention is given to the USA, Russia and China. The most important disruptive emerging military and dual-use technologies are highlighted, their impact on strategic stability, national and international security is examined in terms of both opportunities and risks. A cluster of the most important and perspective space technologies is considered. The paper indicates the possibility and necessity of new agreements on exploration and use of outer space, crucial for adapting space activities to new military-strategic, military-political and technological realities against a backdrop of the innovative technological breakthroughs and the digitalization processes development. Under the conditions of the U.S. military-political leaders’ commitment to competition between great powers, special attentions are paid to the increase of the competition complex factor and development of the so-called PEMT-competition (political, economic, military and technological competition). One of its important focuses is the space activity. It is underlined in the perspective survey till 2040 that, in spite of the crisis situation in the Russian space sector at the boundary of the third decade of the 21st century, Russia has a real opportunity to remain in the category of leading space powers. Special case study of the article is the interactions between space development and strategic stability, on the one hand, and information warfare, on the other. The problems of the space systems vulnerability are also noted. The article emphasizes the fundamental nature, importance and necessity of an impending long-term revision of future global space activities, primarily from the perspective of strategic stability. But the necessity of intensive world discussions on space control is also stressed.


Author(s):  
M. R. Yusbashyan

Introduction.International space law (“ISL”) does not provide a specialized coherent system of dispute settlement (“SCSDS”). Up to now the ab­sence of such a system has had no negative impact on development of either ISL, or space activity (“SA”), however this fact does not exclude the necessity of elaboration of SCSDS. The article analyzes factors potentially influencing increase in the number of space related disputes, methods of “risk manage­ment” of occurrence of disputes, as well as existing general and sectoral dispute resolution mechanisms applicable to space activities within the context of specific features of ISL.  Materials and methods.The theoretical back­ground of this research consists of works of distin­guished scholars and specialists in ISL as well as ma­terials of diverse conferences on ISL. The analytical framework includes the UN Charter, the UN treaties on outer space, relevant UN GA resolutions, as well as the Permanent Court of Arbitration optional rules of 1997 and 2011. The research is based on methods such as formal logic, including analysis, synthesis, analogy and modeling, as well as systematic, com­parative and interpretation.  Results.Following the analysis, it is found that: 1) specific features of ISL, including the existence of unsettled legal issues, as well as the trends in the SA development directly impact the increase in risks of occurrence of international disputes; 2) although specific features of responsibility and liability in ISL can impact the increase in the number of disputes, on the one hand, on the other – cumulatively they contribute to prevention of potential disputes; 3) at the present stage effective application and potential combination of the existing means of dispute resolu­tion may lead to finding of new means that might be able to fill in the legal vacuum created by the absence of SCSDS in ISL.  Discussions and conclusion.To reduce risks of dispute occurrence and effective resolution of the existing disputes the following conclusions and rec­ommendations are provided on: 1) the primary ne­cessity of regulation of the unsettled issues of ISL; 2) the determination of methods of “risk management” of the dispute occurrence in the context of the specific features of ISL; 3) the use of the PCA dispute reso­lution system that allows taking into account both the specific features of the contemporary SA and the necessity of its coherent legal regulation, as well as effectively using and combining diverse means of dispute resolution, in particular, establishment of fact-finding commissions of inquiry; 4) in the longer term – the necessity of establishment of SCSDS on a treaty basis.


Author(s):  
Theresa Hitchens

Governance of the use of space, both at the national and the international level, is complicated. Because most countries in the world have been reticent over the last thirty years to negotiate new legally binding commitments in space, ongoing multilateral work on space governance has concentrated primarily on voluntary measures. This chapter reviews and compares the two most salient of these initiatives: the normative recommendations of the UN Group of Governmental Experts (GGE) and the Guidelines for the Long-Term Sustainability of Outer Space Activities agreed by the Committee on the Peaceful Uses of Outer Space Working Group. While the GGE was “top-down” focused on transparency and confidence-building to avoid conflict among States, the LTS Working Group was a “bottom-up” approach for safe and sustainable practices with regard to the use of space. The conclusion looks at how States can best implement the recommendations.


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