United Nations and TCBM - Prague Security Studies Institute

20 November, 2017 Charles University’s Institute of Political Studies, Prague Security Studies Institute and American Center

United Nations and TCBM Yukiko Okumura United Nations Office for Outer Space Affairs United Nations Office at Vienna www.unoosa.org

Outline 1 Intro: What is UNOOSA? 2 TCBM and Registration 3 TCBM and COPUOS 4 TCBM and UNISPACE +50 5 How to read documents

United Nations Office for Outer Space Affairs Vision Bringing the benefits of space to humankind Mission Statement The core business of the Office is to promote international cooperation in the use of outer space to achieve development. goals

Unique Roles of UNOOSA CAPACITY-BUILDER: UNOOSA brings the benefits of space to humankind by building space capacity of nonspace-faring countries.

GLOBAL FACILITATOR: UNOOSA plays a leading and facilitating role in the promotion of the peaceful uses of outer space.

GATEWAY TO SPACE: UNOOSA is the main UN agency on space matters and facilitates the coordination of UN activities using space technology to improve lives around the world.

UNOOSA Structure

Space Application Section (SAS) The Office has carried out programs designed to disseminate information and provide training in the practical applications of space technology, in particular for developing countries: - The Program on Space Applications - UN-SPIDER - Secretariat of the International Committee on GNSS

UNOOSA’s Capacity-Building and Outreach •

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Basic Space Science Initiative Space Weather Basic Space Technology Initiative Space Technology including Small Satellites, Hands-on Training Human Space Technology Initiative Kibo-CUBE Project, DropTES, Zero-Gravity Instrument Project UN-SPIDER Space Law Capacity Building

Committee, Policy and Legal Affairs (CPLA)

CPLA provides substantive secretariat services to the Committee on the Peaceful Uses of Outer Space (COPUOS), its Scientific and Technical Subcommittee and Legal Subcommittee and related working groups.

A bit of history…

Governance – Committee on the Peaceful Uses of Outer Space (COPUOS)  1961: Establishment of two Subcommittees  Scientific and Technical Subcommittee (STSC)  Legal Subcommittee (LSC)  Membership to date: 86 member States and 35 organizations with permanent observer status  Reports to the Fourth Committee of the General Assembly  Adopts an annual resolution on “International cooperation in the peaceful uses of outer space”

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MEMBER STATES OF COPUOS (10/2017) ALBANIA ALGERIA ARGENTINA AUSTRALIA AUSTRIA ARMENIA AZERBAIJAN BAHRAIN BELARUS BELGIUM BENIN BOLIVIA BRAZIL BULGARIA BURKINA FASO CAMEROON CANADA CHAD

CHILE CHINA COLOMBIA COSTA RICA CUBA CHECHIA DENMARK ECUADOR EL SALVADOR EGYPT FRANCE GHANA GERMANY GREECE HUNGARY INDIA INDONESIA IRAN

IRAQ ISRAEL ITALY JAPAN JORDAN KAZAKHSTAN KENYA LEBANON LIBYA LUXEMBOURG MALAYSIA MEXICO MONGOLIA MOROCCO NETHERLANDS NEW ZEALAND NICARAGUA NIGER

NIGERIA SUDAN OMAN SWEDEN PAKISTAN SWITZERLAND PERU SYRIA PHILIPPINES THAILAND POLAND TUNISIA PORTUGAL TURKEY QATAR UKRAINE REPUBLIC OF KOREA UNITED ARAB EMIRATES ROMANIA RUSSIAN FEDERATION UNITED KINGDOM UNITED STATES OF SAUDI ARABIA AMERICA SENEGAL URUGUAY SIERRA LEONE VENEZUELA SLOVAKIA VIET NAM SOUTH AFRICA SPAIN SRI LANKA

Disclaimer: The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.

PERMANENT OBSERVERS (10/2017) IGOs APSCO ARSCAW CRTEAN ESA ESO EUTELSAT-IGO ISNET IMSO INTERSPUTNIK ITSO

NGOs AARSE CEOS EURISY IAF IATA ISPRS SCOSTEP

AOCRS COSPAR IAA IAU IISL NSS SGAC

TPS ESF UNISEC -Global WSWA

ASE ESPI IAASS IIASA ILA PSIPW SWF ISU

Ibero-American Institute of Aeronautics and Space Law and Commercial Aviation

Information exchange through agenda items Space and climate change

Space and sustainable development

Space law and policy

Near-Earth objects

Disaster management

Long-term sustainability of outer space activities

Global Navigation Satellite Systems

Space and water

UNISPACE+50

Space weather

Space Security and TCBMs

Space and global health

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International Space Law One of the biggest achievements of COPUOS was the development of five UN Treaties and five sets of Principles on Outer Space ► Outer Space Treaty, 1967 (106 Ratification / 24 Signatures) ► Rescue Agreement, 1968 (96/23) ► Liability Convention, 1972 (95/19) ► Registration Convention, 1975 (64/3) ► Moon Agreement, 1979 (17/4) ► Declaration of Legal Principles (1963) ► Broadcasting Principles (1982) ► Remote Sensing Principles (1986) ► Nuclear Power Sources Principles (1992) ► Benefits Declaration (1996)

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Outer Space Treaty Entry into force: 10 October 1967 • Exploration and use of outer space - province of all mankind (Article I) • Principle of non-appropriation (Art. II) • Weapons of mass destruction are prohibited to place in orbit around the Earth, to install on celestial bodies and to station in outer space (Art. IV) • International responsibility for national activities in outer space (Art. VI) • International liability for damage (Art. VII) • Cooperation and mutual assistance (Art. IX)

OST Art. IV ・Outer space (para.1) WMD prohibit to place in

orbit around the Earth, to install on celestial bodies and to station in outer space ・Moon and other celestial bodies (para.2) shall be used exclusively for peaceful purposes

Fiftieth Anniversary of the OST Panel Discussion The OST: 50 years - looking ahead towards 2030 (COPUOS 60th Session) • Provided important and valuable insight into the role of the OST over the past 50 years and in the future, giving consideration to the Scientific, technical Policy and Legal Developments in the area of space activities. Draft Declaration on the fiftieth anniversary of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (A/72/20, June 2017)

• Urge States to become party to the OST, in particular those States that are members of the COPUOS

Other Soft Law Instruments

► Recommendation on Registration of Space Objects (2007) ► Space Debris Mitigation Guidelines (2007) ► Safety Framework for Nuclear Power Source (1986) ► Long-term Sustainability Guidelines (2018??)


Registration of Space Objects: Status

UN Register on Objects Launched into Outer Space • UNOOSA maintains a central register of objects launched into outer space as the only treaty-based TCBM in Outer Space

• UNOOSA assists State parties with the identification of space objects • UNOOSA provides data needed for the implementation and application of other treaties Image credit: ESA

Liability Framework 1 A launching state shall be

Launching State 1 State which launches a space object 2 State which procures the launching of a space object 3 State from whose territory a space object is launched 4 State from whose facility a space object is launched

liable to pay compensation for damage caused by

Damage Loss of life, personal injury or other impairment of health; or loss of damage to property of States or of persons, natural or juridical, or property of international intergovernmental organization

its space objects

Space objects Component parts of a space object as well as its launch vehicle and parts thereof

（OST Art. VII ＆ Liability Convention ）

Liability Framework 2

Damage caused by a space object Damage in surface of the Earth

Damage in outer space

absolute liability （Liability Convention Art.II）

liability （Liability Convention Art. III）

Space activities are beneficial, however... ・incorporates ultra-hazardous activities ・might cause great damage ・requires knowledge of the space technology and notoriously difficult to prove the fault

Both parties acknowledge the risk of space activities. Due diligences is required.

If there is no fault there will be no illegality to the act, hence would not be liable

Dispute Settlement Procedures 1 State suffering damage claim compensation to the launching state through diplomatic channels not later than 1 year following the date of the occurrence of the damage (Liability Convention Art.VIII, IX, X)

If no settlement within 1 year… The parties concerned shall establish a Claims Commission（Art. XIV）

Shall give decision no later than 1 year from the establishment （Art XIX para.3）

Dispute Settlement Procedures 2 But what happens if there are multiple launching States? Which launching State should a State suffering damage claim compensation to?

The answer is …. whichever • It is thought to be best to select the State which has the ability and which is willing to recompense. • A launching State which has paid compensation for damage shall have the right to present a claim for indemnification to other participants in joint launching （ Liability Convention Art. V） The treaty aims for speedy procedure in order to save the States suffering damage.

The objective of Registration •

Regardless of the speedy process in the settlement, if the information is not shared among the States on the launching State of a space object it is difficult to claim compensation.

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Outer Space Treaty Art.VIII does not mention international registration. It only mentions on domestic registration.

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Therefore Registration Convention was adopted to provide a UN Register on objects launched in to space in order to clarify the relationship between a State and a space object.

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This framework also contributes to Rescue Agreement as well as TCBM. •

Information required for registration (Treaty) Registration Convention (Article IV para. 1): Each State of registry shall furnish to the Secretary-General of the UN, as soon as practicable, the following information concerning each space object on its registry: • name of launching State or States; • an appropriate designator of the space object or its registration number; • date and territory or location of launch; • basic orbital parameters, including: (i) nodal period (time for satellite to orbit the Earth) (ii) inclination (angle from the equator of the orbit of the satellite) (ii) apogee (the furthest distance the orbit is from the Earth); (iii)perigee (the closest distance the orbit is from the Earth); • general function of the space object.

Improvement needed in maintaining the UN Registry • Where there are two or more launching States one of them shall register the space object.（Registration Convention Art. II para.2） • However, it is unclear whether the State of registry should be the launching State who has the jurisdiction and control over the space object. （Art. II para.2） • The “genuine link” is not necessary required between the launching State and the space object. • Currently, there are many cases that the supervision of a space object in outer space has been transferred to non-launching States. • This is unfortunately due to the advancement of space technology.

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Additional Information required for registration Recommendation on Registering Space Objects (res 62/101, 2007) (para. 4 (a) ): States could furnish additional information, such as; (i) The date of change in supervision; (ii) The identification of the new owner of operator; (ii) Any change of orbital position; (iii)Any change of function of the space object;

Soft Law can accumulate State Practice and serves as a tool for TCBM


COPUOS: Current Agenda Items Space and climate change

Space and sustainable development

Space law and policy

Near-Earth objects

Disaster management

Long-term sustainability of outer space activities

Global Navigation Satellite Systems

Space and water

UNISPACE+50

Space weather

Space Security and TCBMs

Space and global health

GGE Report • Group of Governmental Experts on Transparency and Confidence Building Measures in Outer Space Activities was established in 2011 (A/RES/65/68) • Mandate : To conduct a Study on TCBMs in Outer Space

• Methodology: Review of previous GGE report and other proposals.

GGE Report (A/68/189) 2013 •

Information exchange on national space policy and on military space expenditures

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Information exchange on outer space activities, including orbital parameters, possible conjunction, natural space hazards and planned launches

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Notifications on risk reductions such as scheduled maneuvers

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Voluntary visits to launch sites, command and control centers

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International cooperation, consultative mechanisms, outreach also TCBMs

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Concludes that voluntary political measures can form the basis for legally binding obligations

COPUOS, OOSA & the GGE Report • In 2014, COPUOS invited States members of the Committee to submit their views on making practical use of the recommendations contained in the GGE report (A/69/20, para. 374). • Replies from Germany, Italy, Russian Federation and the United States of America were received (A/AC.105/1080 and Add.1 and Add.2) and considered at the 58th session of the Committee in 2015. • COPUOS, at its 58th session, requested UN-Space to issue a special report on the implementation of the GGE report, including information on how UN entities support the implementation of TCBMs.

UN-Space & Safety, security and sustainability of outer space activities • Eight United Nations entities participated in the 36th session of UN-Space, held in New York on 3 March 2016 and hosted in collaboration with ODA. The session focused primarily on the topic of TCBMs in outer space activities. • UNOOSA prepared the special report of UN-Space on the Role of UN entities supporting Member States in implementation of TCBMs (A/AC.105/1116) in close collaboration with the UNODA, and with contributions from DFS, IAEA, ITU, UNIDIR and WMO.

UN-Space & Safety, security and sustainability of outer space activities • The final version of the UN-Space report, A/AC.105/1116, was considered at the 59th session of COPUOS in 2016. • At that session, COPUOS agreed that States members of the Committee should be invited to submit their views on TCBMs in outer space activities, on the GGE report, and on the document A/AC.105/1116, to the 60th session of the Committee in 2017 (A/70/20, para. 272). • The Secretary-General invited States to submit their reports and replies received from Australia, Canada, China, Japan, Pakistan and United Arab Emirates (A/AC.105/1145 and Add.1 and Add.2) and was considered by the Committee in June.

Report of the Secretary General (A/72/65) • In paragraph 8 of its resolution 70/53, the General Assembly requested the Secretary General to submit to the Assembly, at its seventy second session, a report on the coordination of TCBMs in outer space activities in the UN system.

• A/72/65, dated 16 February 2017 and prepared by ODA, reproduces the substantive text of the special report by UNSpace (A/AC.105/1116), incorporating updates received from contributing entities as well as executive summaries of views by States (Brazil, China, Cuba, El Salvador, France, Jordan, Paraguay, United Kingdom, United States).

UNOOSA Looking Forward: Risk Reduction Notifications • Enhanced information exchange on space objects and events, an online platform could be developed to provide regular notifications relating to risk reduction in outer space activities. • States could enter information directly into the platform, and that information could be distributed to a network of national focal points. • The Office’s in-house capabilities in the area of space technology could be used, and grown as necessary, to validate and verify the information. In this connection, the Office already has access to the knowledge of a network of experts in the field, including through the Regional Centres affiliated to the United Nations. • Additionally, as it has done in the past through its media monitoring of space activities, the Office could identify possible relevant events for follow-up by national focal points.

UNOOSA Looking Forward: Space Security and Pre-Launch Notifications • UNOOSA currently provides some pre-launch information using open source data. UNOOSA provides pre-launch notifications to the IAEA Incident and Emergency Centre on nuclear-powered satellites and other non-nuclear deep space satellite missions. • Possible expansion of the Office’s role in the provision of pre-launch notifications. Software similar to that used to disseminate notifications under the Hague Code of Conduct against Ballistic Missile Proliferation could be used.

UNOOSA Looking Forward: Voluntary Familiarization Visits and Expert Visits • Art. X of OST provides the basis for voluntary visits. • The Office is well positioned, at the request of Member States, to share information that would facilitate voluntary visits to space launch sites and facilities and demonstrations of rocket and space technologies. • The Office would also, at the request of Member States, be able to organise the logistics of such visits, provide the technical and secretarial support in reporting after the visit, and keep a register of visits undertaken.

Joint Panel, First and Fourth Committees of the General Assembly

• GA decided to convene a joint panel discussion of the First and Fourth Committees to the fiftieth anniversary of the Outer Space Treaty (A/RES/71/90) entitled “Possible Challenges to Space Security and Sustainability”. • The Outer Space Treaty – 50 years un service for the peaceful uses of outer space and in maintaining international peace and security • The legal regime of outer space and global governance of outer space activities • Ways and means of maintaining outer space for peaceful purposes • Efforts to ensure space sustainability for all nations


UNISPACE+50 UNISPACE+50 is an unprecedented opportunity to address challenges and opportunities in space today, defining the Space2030 agenda The outcome of the UNISPACE+50 process and its thematic priorities will be a dedicated General Assembly resolution comprising a comprehensive Space2030 agenda and its strategic objectives for the contribution of space activities to addressing overarching, long-term development concerns. A plan of actions will also be presented for approval with initiatives, projects and activities.

UNISPACE+50 Process Governance Capacity-building Resiliency Interoperability

Space for sustainable development

U N I S P A C E + 50

Space Accessibility

Thematic Priorities

Space Diplomacy

Space Economy Space Society

Partnership

The 4 Pillars of Space2030 SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY Refers to a society, which carries out its core functions while making the best use of space technologies and space-based services and applications.

The 4 Pillars of Space2030 SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY Equal and non-discriminatory access to outer space for all States, which aims at improving life on Earth, regardless of a country’s scientific, technological, and economic development.

The 4 Pillars of Space2030 SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY Cooperation among nations in using space technologies and applications to address common challenges facing humanity and to build constructive, knowledge-based partnerships.

The 4 Pillars of Space2030 SPACE SOCIETY / SPACE ACCESSIBILITY / SPACE DIPLOMACY / SPACE ECONOMY The full range of activities and use of resources that create and provide value and benefits to human beings in the course of exploring, understanding and utilizing space.

UNISPACE+50 Thematic Priorities 7 thematic priorities agreed by COPUOS in 2016: 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 for global health 6. International cooperation towards low-emission and resilient societies 7. Capacity-building for the 21st Century

Focus on thematic priority 2: 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. • Analyze the effectiveness of the legal regime of outer space in the twenty-first century • Studying legal mechanisms to foster an international regime of responsibility and liability – Challenges for safety / security / sustainability – enhanced information on objects and events – avoidance of in-orbit-collisions and interference

• Considering means to strengthen the LSC

Current Status of TP2

3 cluster approach decided by LSC:

• Cluster 1: Analysing the effectiveness of the legal regime of outer space; and addressing the status and scope of, and assessing and, as appropriate, addressing possible gaps in, the legal regime of outer space. As a basis of the assessment the questionnaires established under the Working Group of the five United Nations treaties on outer space will be used. • Cluster 2: Observing the progress of the Working Group of the Long-Term Sustainability Guidelines of Outer Space Activities (LTS) and TP3. A matrix could be developed demonstrating inter-linkages between the final guidelines on the LTS and the treaties and principles and other instruments under space law. • Cluster 3: Promoting universality of the treaties. Capacity building efforts in UNOOSA are a fundamental tool to promote universality and UNOOSA to become more operational in capacity-building for space law

Focus on thematic priority 3: Enhanced information exchange on space objects and events Objectives • Define and develop requirements for enhanced information exchange and notification procedures under the United Nations Register of Objects Launched into Outer Space • Identify cooperation mechanisms to support this objective • Encourage capacity-building and outreach activities on transparency and confidence-building measures

Current Status of TP3 • Considering dedicated mechanism under TP3, taking into account the Working Group of Long-Term Sustainability of Outer Space Activities. • Pending further consideration of the relationship between the objective and the planned outcome of the TP3 and the current work of the Working Group of LTS


Annual Cycle of COPUOS COPUOS Delegates 84 mS

(7-16June)

Report: A/72/20

Fourth Committee of the General Assembly (October)

STSC

LSC (27 Mar-7 Apr)

(30 Jan-10 Feb)

A/RES/71/90 “International cooperation in the peaceful uses of outer space”

Agenda Items 1. Adoption of the agenda 2. Statement by the Chair 3. General exchange of views 4. Info on activities of intl organizations 5. Status and application of the 5 UN treaties 6. Definition/delimitation of outer space +GSO 7. National legislation 8. Capacity-building in space law 9. Use of nuclear power sources 10.Space debris mitigation 11.Non-legally binding Instruments 12.Space traffic Management 13.Small Satellites 14.Space resources 15.Intl mechanisms for cooperation 16.Draft provisional agenda

All UN MS General Assembly (Dec)

Annoted Provisional Agenda

Analyzing the Documents

(A/AC.105/C.2/ L.2)

Daily Journals Which delegates view is this??? Check the date of agenda item, GEX “Digital recordings” And listen to the statements

LSC Report (A/AC.105/1122)

Start again looking into past reports as well! Also listen to

Agenda Items 1. Adoption of the agenda 2. Statement by the Chair 3. General exchange of views 4. Info on activities of intl organizations 5. Status and application of the 5 UN treaties 6. Definition/delimitation of outer space +GSO 7. National legislation 8. Capacity-building in space law 9. Use of nuclear power sources 10.Space debris mitigation 11.Non-legally binding Instruments 12.Space traffic Management 13.Small Satellites 14.Space resources 15.Intl mechanisms for cooperation 16.Draft provisional agenda

“Adoption of the report ”

THANK YOU United Nations Office for Outer Space Affairs United Nations Office at Vienna www.unoosa.org @unoosa