Outer Space

Question 1

Outer space treaties

Answer 1

UN codification in 5 treaties
Most important= treaty on principles governing the activities of States in the exploration and use of outer space, including the Moon and other celestial bodies

Question 2

Outer Space Treaty (OST) Art. 1

Answer 2

The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.
Outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.

Question 3

OST, Art. 2

Answer 3

Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignity, by means of use or occupation, or by any other means.
– doubtful legality of US law (US Commercial Space Launch Competitiveness Act) promoting “the right or US citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference”

Question 4

OST, Art. 6

Answer 4

States parties to the treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present treaty. The activities of non-governmental entities in outer space shall require authorization and continuing supervision by the appropriate State Party to the treaty.

Question 5

OST, Art. 7 + libability Convention

Answer 5

Liability Convention (Convention on international lability for damage caused by space objects): liability of the launching State for damage caused by a space object on the surface of the earth, to aircraft or to other space objects.

Question 6

OST, Art. 4

Answer 6

States parties to the treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.
The Moon and other celestial bodies shall be used by all States Parties to the treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortications, the testing of any type of weapons and the conduct of military manouevers on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the Moon and other celestial bodies shall also not be prohibited.

Question 7

Where does space being + registration (+ check debris problem)

Answer 7

There’s no agreement on where outer space begins. The tendency is but to consider 100km altitude.
Space objects must be registered and fly a flag of a State which has complete and exclusive jurisdiction over the object.