L15 - Legal Aspects of the ISS Flashcards
Outline in broad terms the main factual elements relevant for ISS Cooperation, i.e. how/when the partnership has been established, what is the structure and content of the governing legal instruments, and how the utilisation of the ISS is organised, etc.
• ISS agreements must be compatible with national law
• Intergovernmental Agreement (IGA) 1998
o NASA is at the hub of ISS → govt level is multilateral, agency level is bilateral
o Broad level, limited time scope, monitor the significant $60 million
o Issues extend beyond scope of each agency i.e. criminal law
• 4 MOUs, NASA w/each partner ROSCOSMOS, ESA, CSA, & JAXA 1998
o describe what each agency should provide to the relationship
• Implementing arrangements between NASA + other cooperating agencies
o Govern specific aspects of ISS so that agencies exchange goods/services instead of $$
o IGA does not officially recognize other agreements to which NASA is not a party
• Utilization rights derive from provision of user/infrastructure elements
o If one partner provides resources to another, they receive a fixed share of use of user elements
o USA 76.6%, Japan 12.8%, ESA 8.3%, Canada 2.3%
o Utilization rights paid off by station operations like delivering food
o ESA/JAXA keep 51% use of modules but share the rest w/NASA, CSA
• Integrated space station but Russia keeps what it brings – the others share
Identify and explain several legal concepts applicable to ISS Cooperation
• Exchange of data & goods
o Obligation to transfer technical data/goods necessary to fulfil responsibilities in a timely manner
o Marking procedure to protect data for export control/3rd party IP/classified data
o Data can only be used for ISS purposes – ESA can’t use NASA data for non-ISS programs
o Follows US legal/regulatory framework for exchanging data → delays and costs
• Agreements don’t mention cooperative utilization scenarios → LoAs needed
• Exercise of jurisdiction and control
o only the perpetrator’s state of nationality matters – not where the transgression occurs
o victim state of nationality may exercise jurisdiction ONLY if the perp state hasn’t done anything
o IGA permits extradition
o Complicated to bring evidence back to earth w/out tampering
o Crew Code of Conduct – non-interference from states so Commander’s authority isn’t undermined
• Cross waiver of liability
o prohibits a partner from claims against another partner for damage
• apportionment of risk – no one party could sustain the entire ISS risk b/c too expensive
o each partner must swallow their own risk, and flow this down to contractors and sub-contractors
o exceptions: astronaut health and safety (Japan processes this differently)
• Protection of intellectual property rights
o activities on space station have ‘occurred’ in the state of the element’s registry
o more likely for inventions to occur on earth when experiments are prepared or analysed
o patent infringement can only be tried in one European state → enforceable in all
o ESA leaves IP with contractor, NASA takes IP as part of contract for later dissemination
• Rights remain with contractor BUT NASA get free, non-exclusive license of foreground invention in US territory
• Background data protected by contractor
• When negotiating contracts European companies are aware they will only get the contract if they give rights to ESA → NASA
• Planetary Protection
o OST obligation
