5: International Space Law Flashcards
Boundary between air and space?
still no universally accepted def:
trend may be developing towards 100kms.
Art 1(2) OST: recognises freedom of outer space.
Space Activities Act AUS: outer space begins at 100kms.
Scientists: 118kms above earth
AMW manual: airspace = air up to the highest point an aircraft can fly and lowest possible point a satellite can orbit.
OST Art 1: Exploration and Use
Art 1: space = province of all mankind.
some question above ‘carried about for the benefit to all’
state practice = must be beneficial in some way to humanity.
OST Art 2: Sovereignty
Outer space is not subject to state claims of sovereignty.
although, not yet clear then on sovereignty over space resources.
e.g. space mining - US has legislation which authorises this, was not challenged. moon rocks were kept by US.
Moon Agreement? resources = common heritage, neither the moon or its surface can become state property; equitable sharing. (not binding, but a useful instrument under VCLT).
Artemis Accords? ss9 and 10: preserve space heritage, but that extraction of materials should just comply with the OST.
OST Art 3: Law in outer space
Implies that International law still applies in outer space. covered by general principles + state responsibility.
OST Art 4: Weapons in space
- Cannot place weapons in orbit around the earth, no nuclear weapons or weapons of mass destruction.
Military bases, installations and fortifications, weapon testing = forbidden.
However… Treaty does not prohibit sub-orbit weapons of mass destruction.
military personnel for scientific research not prohibited, equipment/facility for peaceful exploration not prohibited.
Weapons of mass destruction:
Weapon control treaties generally define them as: capacity to inflict death and destruction on a massive scale and indiscriminately.
Law of war manual: Art 4 of the OST does not prohibit with respect to weapons that are not of mass destruction. does not restrict sub-orbital weapons.
Military Prohibitions under Art 4:
Prohibited: military bases, installations and fortifications
weapon testing of any type
conduct of military manevours.
However, military personnel/facilities are not prohibited per se.
can rely on VCLT here for interpretation.
OST Art 5: Astronauts
Shall regard astronauts as envoys of mankind, render them all possible assistance & return them safely and promptly to state of registry.
Rescue & Return agreement: similar provisions, but extend to all personnel of a spacecraft.
OST Art 6: Attribution to States
State parties shall bear International responsibility for national activities… whether they are governmental or not.
Private company violation? Art 6 = yes state are responsible, but States/woomera manual say no to this.
Defining a ‘national activity’:
agreed that compliance with national laws to launch into space is a national activity.
impact of Art 6 = requires states to establish mechanisms for controlling national activities and thereby control their own liability for such activities.
OST Art 7: Responsibility/Liability for space objects
Art 7 attributes certain conduct to states and imposes liability for damage caused by space objects.
must establish the launching state
liability turns on this.
can be up to 4 launching states.
Launching States:
Liability Convention = elaborates on OST Art 7.
Art 1: establishes launching state as any state engaging in the conduct described.
- launches or procures the object
- state whose territory or facility is used to launch it
OST included attempted launches as launches.
Damage:
Damage caused by space objects is another prerequisite for establishing liability.
OST does not define damage - liability convention does:
loss of life, personal injury, impairment, loss or damage of property
‘space object’ includes components of the object, launch vehicle etc.
Further Classification of Liability:
OST not explicit about whether fault is required.
Liability Convention = launching state absolutely liable for damage.
- liable only if damage is due to its fault or the fault of persons for whom its responsible for.
option for exunaration of absolute liability if claimant state was negligent.
Joint & Several Liability:
Liability Convention: when multiple states launch, they shall be jointly liable for damage caused.
allows states to agree to apportion the liability.
