Ram S. Jakhu

Iridium-Cosmos Collision and its Implications for Space Operations

The physical condition of the environment in which space activities take place must be conducive to the safe and sustainable development and implementation of all space operations. Rapidly increasing debris in space is posing serious risks to space activities of all nations. Such risks are real, as evidenced by an unprecedented collision between a defunct Russian satellite weighing about 900 kg (Cosmos 2251) and an active about 500 kg U.S. commercial satellite (Iridium 33). The theory of “big sky” or “vastness of space” is being questioned as space operators face new challenges primarily due to the enhanced risks posed by an ever increasing number of space debris, particularly in the region of space that is being used extensively for meeting important earthly needs, like communications, Earth observation, weather forecasting, reconnaissance, navigation and global positioning services, early warning, etc. The availability and risk-free utilisation of space is becoming difficult. The accident seems to have sounded a wakeup call for all countries, especially the space-faring nations and the States having an interest in the exploration and use of space. From that perspective, this paper addresses some relevant questions associated with the legal and policy aspects of the Iridium- Cosmos collision. Specifically discussed are the issues concerning possible liability of the States directly involved in the collision under currently applicable international law; the general space environment; added risks and costs due to the debris created by the collision; and, finally, the concerns of space operators and some governments and the efforts they are making to achieve and maintain safe and sustainable development and use of space. Undoubtedly, these issues are highly complex. However they are discussed here in a general fashion and no attempt is made to carry out a thorough critical analysis in this paper.

Development of the Natural Resources of the Moon and Other Celestial Bodies: Economic and Legal Aspects

The path of gradual commercialization of current space applications, such as launch services, satellite communication services, direct broadcasting services, satellite remote sensing and navigation services, and satellite weather monitoring services, will most likely be followed by future activities of use of space resources. Ventures, like mining the natural resources of the Moon and asteroids, are likely to become technologically feasible in the near future. The question is what would be the most appropriate approach to address the future needs of exploitation of space resources: should it remain the exclusive province of state governments; should the private sector take over such space activities; or should a public-private partnership type of venture be encouraged? As state governments are becoming constrained by budget deficits, an increased reliance on private sector involvement in space activities involving the extraction and use of space resources is to be expected. When deciding whether to invest in commercial ventures of resource use exploitation, any potential private investor will be faced with the issues of economic costs, risks, and perceived regulatory barriers. This study argues that the perceived regulatory barriers, i.e., the licensing requirement, the “common heritage of mankind” principle of international space law, and protection of intellectual property rights, are not obstacles to economic development. Governments should provide both policy and regulatory incentives for private sector participation in the area of space natural resource use by funding basic research and development and by sponsoring liability insurance for private ventures among other incentives.

Legal Issues of Satellite Telecommunications, The Geostationary Orbit, and Space Debris

Satellites are the best means for a rapid expansion of telecommunications services nationally and globally. However, the level of that expansion is greatly determined by the availability of the two indispensable tools for satellites, which are orbital positions and radio frequencies. Growing demand for geostationary orbital (GEO) slots and radio frequencies by a rapidly increasing number of commercial satellite operators and expanding dependence on satellites for military purposes give rise to shortage of slots and spectrum to allocate as well as an increase in satellite interference. Concurrently, increasing space activities and anti-satellite (ASAT) tests are generating man-made space pollution, particularly space debris, and consequently are making the use of outer space more expensive and dangerous. The problems shortage of appropriate orbital positions, satellite interference and space debris are serious. Unless resolved in a timely fashion, they would pose significant barriers and dangers to all (civilian, commercial and military) satellites and could result in denial of access to space in practice by all states. This paper first describes the current situation of shortage of GEO positions and increase in satellite interference. Secondly, current international regulatory regime governing the access to and use of these tools has been analyzed with a view to highlight the weaknesses therein. Thirdly, the problem of space debris is discussed with a view to show how difficult it is becoming to carry on space operations and how important and urgent it is to have an appropriate legal regime in place. Finally, a few recommendations are made emphasizing the need for international cooperation in order to strengthen the international regulatory regime so that the required telecommunication services remain readily available to all and outer space remain pollution-free environment to be used for and by all states.

The Need for an Integrated Regulatory Regime for Aviation and Space

Acknowledgements.- foreword,- about the editors.- executive summary.- list of acronyms.- list of exhibits.- introduction.- chapter 1: background.- chapter 2: legal and regulatory regimes.- chapter 3: safety issues.- chapter 4: need for international space safety regulations.- chapter 5: proposal for a new regulatory regime.- appendix a.- appendix b.- appendix c.

National Space Laws and the Exploitation of Natural Resources from Space

It is usually assumed that national law, related to space activities or any other subject, will be consistent with international treaties. This is the case since once a treaty is formally adopted, it is considered to be the highest form of national law. There can be cases where there is ambiguity in the phrasing of international law and treaties as well as in national law where it is not clear what the requirements and scopes actually are. Many countries around the world have now developed national space laws, and there has not been a formal determination if those national space laws might contravene the Outer Space Treaty or any of the other international space agreements. In particular, the U. S. Space Act of 2015 that is discussed in this chapter raises new questions about how space mining might be conducted, who might profit from this activity, and how possible conflicts between national space law and international space law might be resolved. In addition, this chapter discusses national space laws of the United Kingdom, the Russian Federation, Australia, Canada and India, primarily to assess their adequacy to govern natural resource explorations and exploitations in space.

The Development of Small Satellite Systems and Technologies

The fascinating world of small satellites began when Sputnik launched the Space Age in October 1957 and surprised the world with the knowledge that humans could lift artificial satellites into Earth orbit. But that was nearly 60 years ago. Soon the rockets that were developed in the U.S.S.R. and the United States were capable of launching payloads that were not tens of kilograms or tens of watts in size and power but represented thousands of kilograms and thousands of watts. The drive to launch larger and larger civil spacecraft was accelerated by several factors. These included higher power (solar cell arrays), large aperture and high-gain antenna systems, and, in time, the building of space habitats to house astronauts and large scientific instruments such as the Hubble Space Telescope.

The Missing Link in the Global Aviation Safety and Security Network: The Case of Taiwan

The article discusses the importance of Taiwan’s participation in and contribution to the International Civil Aviation Organization (ICAO). The continuous absence of a notable aviation country situated at the cross-roads of the Asia-Pacific poses a threat to global aviation safety and security, which requires the uniform adherence to accepted international standards and practices, and the real-time exchange of information vital to air navigation. The lives and wellbeing of millions of passengers from around the world, and the safe transit of high value air freight originating from, destined for, or passing through Taiwan means the international community can no longer ignore the presence and importance of this strategic aviation hub in the Asia-Pacific.

Capacity-Building in Global Space Governance

What role can space technology, education, training, and research play in space sustainability and ensuring the peaceful uses of outer space? What kind of capacity-building in space education, training, research, leadership, and institutional arrangements will be necessary for global space governance in order to achieve the goal of sustainability and the peaceful uses of outer space for the benefit of all humankind?

Private Commercial Space Enterprises and Global Governance System

What is the nature of the increasing role for private commercial space enterprises in every aspect of outer space activities? Are the existing mechanisms of global space governance compatible with the increasing trend of space commercialization? What are the legal and policy hindrances that adversely affect commercial space operations? Given the increased participation by private enterprises in all space activities, what is the best way to regulate (public and private law) issues such as liability, change of ownership, response to emergencies, exercise of jurisdiction and control, and financing? What is the best way of balancing the commercial considerations against the issues of equitable and effective global space governance?

National Space Policies and Laws and Global Space Governance

What are the significant national space policies and laws of some key States? What influence national space policies and laws have on global space governance and vice versa? What are the implications of extraterritorial exercise of jurisdiction?