United Nations



United Nations COPUOS/LEGAL/T.675

Committee on the Peaceful Unedited transcript

Uses of Outer Space

Legal Subcommittee

675th Meeting

Monday, 24 March 2003, 3 p.m.

Vienna

Chairman: Mr. Kopal (Czech Republic)

The meeting was called to order at 3.15 p.m.

The CHAIRMAN: Ladies and gentlemen, the 675th meeting of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space is called to order and is now open.

This afternoon, we will continue consideration of item 3, General Exchange of Views. Time permitting, we will also begin consideration of agenda item 4, Status and Application of the Five United Nations Treaties on Outer Space. At about 3.50 p.m. we will adjourn the Subcommittee session to begin the symposium on “Reinforcing the Registration Convention” organized by the International Institute of Space Law of the International Astronautical Federation and the European Centre for Space Law of the European Space Agency.

I would also like to inform delegates that at 6 p.m. following the symposium, there will be a reception sponsored by IISL and ECSL in the Mozart Room of the Vienna International Centre restaurant. The restaurant is located on the ground floor of ‘F Building, you know it certainly.

General exchange of views (agenda item 3)

Distinguished delegates, I would now like to continue consideration of item 3 of our agenda, General Exchange of Views. The first speaker on my list is the distinguished representative of China, to whom I give the floor.

Mr. J. XU (China) (interpretation from Chinese): Thank you Mr. Chairman. Mr. Chairman, first of all, on behalf of the Chinese delegation, I wish to congratulate you on your continued assumption of chairmanship for the Legal Subcommittee. I am confident that under your excellent leadership and through the joint efforts and the cooperation of all the delegations of the participating countries, the tasks before the session will surely be accomplished in a smooth manner. We will cooperate with you by actively promoting consideration of various agenda items.

I also wish to thank on behalf of the Chinese delegation, Dr. Sergio Camacho-Lara, the Director of the Office for Outer Space Affairs, for the detailed and useful report he presented to us this morning and congratulating him on his appointment as the Director of the Office for Outer Space Affairs. We are confident that the work of the Office for Outer Space Affairs will achieve greater progress under his outstanding leadership.

Mr. Chairman, I would like to start with a brief introduction on China’s achievements in its space activities in the year 2002. Last year, China not only successfully launched and recovered its experimental spacecraft module of Shenzhou III and IV which has laid a solid foundation for realizing the dream of the Chinese nation to travel in a vast expanse of outer space. We also successfully launched into space a polar orbit meteorological satellite, the FY1D, an ocean satellite, OCEAN-1 and an Earth observation satellite resources-2 which enhanced China’s capability of monitoring the weather, oceans, environment and disaster management and played an important role in the development of our national economy.

Mr. Chairman, the ultimate goal of exploration and use of outer space is to create a more beautiful environment for the existence and development of humankind. This is also the driving force behind China’s continuous efforts to promote and development its space science and technology. We believe that space activities should help promote the friendly cooperation among the peoples of countries and contribute to the social progress, not the contrary. The acts of a certain country to intensify research and development of outer space weapons, if let ignored, will generate serious consequences of militarization of outer space which will inevitably fall upon the whole of mankind.

Insofar as the work of this Subcommittee is concerned, it should explore from a legal angle ways and means to ensure the use of space technology for peaceful purposes and prevent militarization of outer space by establishing a comprehensive and effective legal regime. We hope that the Legal Subcommittee will be able to play a more active role on the issue of preventing outer space militarization.

Mr. Chairman, the continued progress in China’s space activities has led us to attach more importance to the development of space law. Along with rapid evolution of space science and technology, new legal issues keep emerging, for instance, the commercialization of space activities, the protection of the space environment, etc., issues that all need to be regulated by international legislation. The Legal Subcommittee can do a lot in strengthening the international legal order in the domain of outer space. We endorse the addition by the Subcommittee of some new items for its consideration in order to enhance the role and vitality of the Subcommittee in developing space rules and regulations.

In this context, the Chinese delegation suggests that this session of the Subcommittee continue to consider the joint proposal by China, Greece, Russia and others on the appropriateness and desirability of drafting a universal comprehensive international convention on space law with a view to the eventual preparation of a comprehensive and integrated convention on outer space law as a contribution to the codification and gradual development of outer space law. Thank you Mr. Chairman.

The CHAIRMAN: I thank the distinguished representative of China for his statement. I also thank him for the kind words that he addressed to the Chair and to the Director of the Office.

The next speaker on my list is now the representative of Japan, to whom I give the floor.

Mr. K. OTA (Japan): Thank you Mr. Chairman. Mr. Chairman, distinguished delegates, we would like to extend our appreciation to Mr. Vladimir Kopal, Chairman of this Subcommittee, Dr. Mazlan Othman, the former Director of the United Nations Office for Outer Space Affairs, Mr. Sergio Camacho, the new Director of the United Nations Office for Outer Space Affairs and his staff for all their preparatory work for this session. We also appreciate the tremendous efforts by Austria since June last year over several months with regard to the future composition of the COPUOS bureaux. We hope that this problem will be solved by consensus as early as possible. Japan would also like to welcome Algeria to this Committee.

Mr. Chairman, we are fully confident that this Subcommittee will achieve notable results under your leadership, guidance and experience. We assure you that the Japanese delegation will make every effort to assist you in accomplishing your very important task.

Mr. Chairman, the scope of the world’s space activities has been expanding, as evidence by developments in space-related scientific technologies and by an increase in private sector activities. We welcome this trend because it contributes to sustainable development and a better quality of like. And since the Legal Subcommittee of COPUOS pursues issues related to space development and utilization, the increased interest in space activities has made the Subcommittee’s work more important than ever.

The United Nations space treaties, which form the legal framework for our current outer space activities, are important in the sense that they provide a basis for the expanding scope of space activities. With this in mind, Japan believes that it is necessary for more countries to conclude the existing treaties so that space activities can be better regulated and supports COPUOS’s initiatives to this end.

Regarding financial matters relating to commercial space activities, the working group on the Convention on International Interests in Mobile Equipment will address these matters in more detail during this session. In general, the Convention and the frameworks should help establish the security interests in space assets internationally and promote their financing which is essential to stimulating commercial activities. Japan is keen to contribute to discussions on this item.

Mr. Chairman, the Legal Subcommittee of COPUOS is charged with the important task of further developing a legal framework for space in order to ensure free and fair space activities. Japan intends to help the Subcommittee achieve its distinguished goals by promoting efficient and productive discussions during this session.

Thank you for your attention.

The CHAIRMAN: Thank you distinguished representative of Japan for your statement including also your kind words addressed to the Chair, to the Director of the Office and to all staff members that help us in our work.

I now give the floor to the next speaker on my list. It is the distinguished representative of the Netherlands.

Mr. R. LEFEBER (Netherlands): Thank you Mr. Chairman. Mr. Chairman, dear colleagues, it is my privilege to share with you information on a major development with respect to arms controls measures that is also relevant to our work. The international community is challenged by the growing risks of the proliferation of weapons of mass destruction and of their means of delivery, in particular ballistic missiles.

To address the rapidly growing problem of ballistic missiles proliferation, an International Code of Conduct against Ballistic Missile Proliferation has been drafted. This Code was adopted at the Launching Conference of the International Code of Conduct against Ballistic Missile Proliferation, held in The Hague on 25 and 26 November of last year.

At this Launching Conference, 93 countries from all regions subscribed to the Code. The Launching Conference was attended by 78 delegations from Subscribing States. A representative from the United Nations also attended the launching ceremony. Currently the number of Subscribing States to the Code stands at 101.

The Code provides for transparency and confidence-building measures in order to alleviate mistrust and insecurity about the use of missile technology.

The Code reflects the outcome of extensive consultations and represents the widest possible common ground. It has achieved its two main purposes: to establish certain fundamental principles regarding missiles where previously there were none; and to set up a framework for further work.

The Code will not prevent any State from benefiting from the peaceful use of outer space. The Code calls on Subscribing States in its section on principles to respect the United Nations Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States taking into Account the Needs of Developing Countries. In the same section of the Code, it is explicitly recognized that States should not be excluded from utilizing the benefits of outer space for peaceful purposes.

In the section that lists the General Measures to implement the Code, the Subscribing States commit themselves, amongst others, to ratify, accede to or otherwise abide by the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Second, the Convention on International Liability for Damage Caused by Space Objects. And Third, the Convention on Registration of Objects Launched into Outer Space.

At their first meeting on 26 November last year, the Subscribing States decided that the chairmanship of future meetings would be fulfilled on a rotational basis, taking into account geographical distribution. The Netherlands was appointed to serve as the first Chair of the Code until the next regular meeting of Subscribing States that will take place this autumn.

Furthermore, the Subscribing States to the Code appointed Austria as the immediate central contact for collecting and disseminating confidence-building measures submissions, receiving and announcing the subscription of additional States and other tasks as may be agreed by Subscribing States.

Considering the number of complex issues to be elaborated under the Code, it was also decided to have an ad-hoc technical inter-sessional meeting, open to all Subscribing States. This meeting will be held in the first half of this year to elaborate on a number of issues regarding the implementation of the Code, including the confidence-building measures. One of the challenges ahead is the further elaboration of the confidence-building measures, as provided for in the Code, in order to ensure that the Code can be effective in enhancing transparency in the field of ballistic missiles.

The Code is open for further subscription. Once countries subscribe, they can participate in the further development of the Code.

We hope the Code will grow and provide the basis for further work to combat proliferation of ballistic missiles.

The Code has been sent to the Secretary-General of the United Nations for distribution as well as to other relevant international and regional organizations.

On behalf of the Netherlands, I will send the International Code of Conduct against Ballistic Missile Proliferation, as well as the list of Subscribing States, and the Decisions Document of the first meeting of Subscribing States, to the Office for Outer Space Affairs of the United Nations and request the Office to circulate these documents as an official document of this Committee.

Finally, it pleases me to announce that at a later point in our deliberations on this agenda item, the Netherlands will report on a space law seminar that took place also in November of last year in The Hague. Thank you.

The CHAIRMAN: Thank you distinguished representative of the Netherlands for your statement.

Ladies and gentlemen, are there any other speakers from among the delegations to ask for the floor now? I see none and, therefore, I will give the floor to the observer for the International Astronautical Federation, Dr. Ernst Fasan. We already had one statement but this was dedicated to the activities of the International Institute of Space Law but now the official observer for the IAF will deliver his contribution on the activities of the Federation as a whole. You have the floor Sir.

Dr. E. FASAN (International Astronautical Federation): Thank you Mr. Chairman. Mr. Chairman, distinguished delegates, thank you for this opportunity to address the Legal Subcommittee of UNCOPUOS on behalf of the International Astronautical Federation, IAF, which I do on the request of its Vice President, Dr. Rosa Maria Ramirez de Arrelano.

The IAF is a non-governmental association of national societies, institutions and companies concerned with space activities. It was founded in 1951 and now consists of 165 organizations from 45 countries. The President is Mr. Marcio Nogueira Barbosa from Brazil, Deputy Director-General of UNESCO, and General Counsel is Professor Vladimir Kopal, also Chairman of this very COPUOS Legal Subcommittee.

The aims of IAF are to foster the development of astronautics for peaceful purposes, to promote the dissemination of technical information, to stimulate public interest in space flight and to encourage astronautical research and also to cooperate with appropriate organizations worldwide.

The purposes of the Federation mentioned are realized through the activities of technical committees. Their main objective is to encourage the advancement of knowledge about space and the development and application of space assets for the benefit of humanity.

The IAF cooperates closely with the United Nations Committee on the Peaceful Uses of Outer Space and its subsidiary bodies. It prepares and cooperates in technical and other studies for the Committee, such as the annual “Highlights in Space” book, which, inter alia, describes progress in space science, space research, technology and applications.

IAF had a very successful Congress in the year 2001 in Toulouse, France, where the first fifty years of the Federation were celebrated. Last year, we were able to hold, together with COSPAR, the World Space Congress in Houston, Texas, USA. The next Congress will take place in Bremen, Germany, from 29 September to 3 October, and I have been requested to invite all you distinguished delegates to come and to attend also there the UN-IAF Workshop.

In 1960, under the auspices of IAF, the International Academy of Astronautics was inaugurated under the leadership of Dr. Theodore Karman. Its President now is Dr. Michael Yarymovich. The IAA has over 1,000 individual members from 65 countries and strong working relationships with the United Nations and national academies. There are six Academy Commissions working on space and life sciences, technology, systems development, operations and policy, law, culture and education.

As part of its effort to promote the study and development of space law, the IAF created in 1960 the International Institute of Space Law, about which you had a report by its Board Member and Secretary, Dr. Tanja Masson, from this morning.

Part of the efforts of IISL is, together with the European Centre for Space Law, during or prior to the session of the Legal Subcommittee, the annual organization of a symposium on particular aspects of space law like the one which will come this afternoon.

Mr. Chairman, distinguished delegates, this has been a very brief overview of the work of the IAF, IAA and IISL. As always, our organizations remain ready to assist this body in any way to promote the further development of international space law. Thank you very much.

The CHAIRMAN: Thank you very much distinguished observer for the International Astronautical Federation for your statement on behalf of the IAF.

Ladies and gentlemen, are there any other speakers either from among the delegations or from among the observers that would wish to speak now under the general exchange of views.

I see none. We will, therefore, continue our consideration of agenda item 3, General Exchange of Views, tomorrow morning.

Status and application of the five United Nations treaties on outer space (agenda item 4)

Distinguished delegates, I would now like to begin consideration of item 4 of our agenda, Status and Application of the Five United Nations Treaties on Outer Space. The first and so far the only speaker who is on my list of speakers for this particular item is the distinguished representative of China, to whom I give the floor.

Mr. J. XU (China) (interpretation from Chinese): Thank you Mr. Chairman. Mr. Chairman, since the first human-made satellite entered outer space, space science and technology and applications have achieved rapid development and are becoming closer to people’s daily lives. Since the 1980s, space activities have shown the manifest tendency towards commercialization which, with the advent of the twenty-first century, is growing further.

As for the space industry in China which is in the course of transition, the commercialization of space activities is both an opportunity and a challenge. In relation to the macro-management of space activities, the regulatory authorities of the Chinese Government is currently conducting in-depth studies on the orderly development of the activities under the guidance of State space policies. With the transformation of the economy from a planned fashion to socialist and market economy, the conduct of its space activities, which used to be the sole undertaking of the Government, is evolving in the direction of diversification.

In order that China will more effectively exercise relevant rights and obligations under international space law, so as to promote its space efforts, the China National Space Administration, joined by the other government agencies concerned, undertook studies on space law legislation in China for the purpose of establishing a general regulatory system and a sound legal system, thus placing space commercial activities on to the track of laws and regulations and regulating space activities in China in accordance with the law.

According to the provisions of the Constitution and the legislative law of the People’s Republic of China, the legislative system in China is unified and hierarchic divided principally into three tiers: laws, administrative regulations and central regulations. Given the characteristics of the legislative system in China, the CNSA, as the regulatory body of the national space industry, defined the legislative framework suitable to the circumstances of China.

First, through the formulation of sectoral regulations, it set norms for space activities. And then, when conditions are mature, these regulations will be upgraded to administrative regulations or laws. And finally, they will formulate a legal system comprising the three tiers of laws, administrative provisions and regulations, thus regulating China’s space activities.

Mr. Chairman, the legislation work in China was initiated around 1994. However, the overall study on the space law system happened after 1998. In 1998, the Chinese Government carried out reform of its industry regulations system. The CNSA, as the competent body in charge of space industry as well as civil space activities, is responsible for legislation for space industry, space technology policies, the industry development plan and industry standards.

THE CNSA attaches great importance to space legislation and has specifically established study groups comprising space law experts, competent officials from relevant government agencies, specialist from space activity enterprises and they carry out study on China’s space law system. At the same time, these groups have carried out studies on the methods for registering space objects, the ad-hoc methods for the management of licences for civil space launch projects, as well as ad-hoc provisions for liabilities of damage caused by launch of space objects.

On 8 February 2001, the first regulations of China’s space activities, that is, the management methods for registering space objects, was issued in the form of a sectoral regulation. These management methods have referred to the Registration Convention provisions and have also taken into account the real circumstances in China and is a very operational regulation.

And then the second sectoral regulations, the civil space launch regulation licensing regulations were published on 21 November 2002. Currently, the ad-hoc provisions on liabilities to damages caused by space objects launches have been placed in the legislative plan for 2003.

Mr. Chairman, the commercialization of space activities will give rise to a lot of issues relating to a lot of issues related to policies and legislation. At the same time, it necessitates the optimization by the Government of the macro-regulation system. For this purpose, the Chinese Government will more and more use legal means to regulate its space activities. Thank you Mr. Chairman.

The CHAIRMAN: Thank you distinguished representative of China for your statement on item 4, Status and Application of the Five United Nations Treaties on Outer Space.

Ladies and gentlemen, are there any other delegations wishing to speak on this agenda item at this afternoon’s meeting?

I see none. We will, therefore, continue our consideration of agenda item 4, Status and Application of the Five United Nations Treaties on Outer Space, tomorrow morning and I already informed you that if time permits we will also open the discussions in the working group on this particular item.

Distinguished delegates, I will now adjourn this meeting of the Subcommittee for the symposium organized by the International Institute of Space Law of the International Astronautical Federation and the European Centre for Space Law on “Reinforcing the Registration Convention”.

Before doing so, however, I would like to inform delegates of our schedule of work for tomorrow morning. We will reconvene here tomorrow morning promptly at 10 a.m. At that time, we will continue with agenda item 3, General Exchange of Views, and agenda item 4, Status and Application of the Five United Nations Treaties on Outer Space. As already said, time permitting, the working group on agenda item 4 might convene its first meeting.

Are there any questions or comments on this proposed schedule?

I see none.

I would like now to make a small announcement.

Distinguished delegates, ladies and gentlemen, Ambassador Pavel Vacek, the Permanent Representative of the Czech Republic to the United Nations Office and the offices of other United Nations organizations here in Vienna, and myself, request the pleasure of your company at a cocktail which will be held at the Permanent Mission of the Czech Republic at Penzingerstrasse 1113. The written invitation has now been distributed in your pigeon holes so please pick it up but I wanted to read it in order to inform you as early as possible. So it will be tomorrow, Tuesday, 25 March, at 19.00 hrs, at Penzingerstrasse 1113, Vienna. It is near the Schönnbrunn Palace and the metro station, Heizing. This invitation is addressed to all members of the delegations, not only the heads of the delegations but all members of the delegations. You all will be warmly welcome. I can assure you that there will be different drinks, including soft drinks, and also food that is acceptable for all and it will be available, anybody according to his or her choice.

Ladies and gentlemen, I intend to now give the floor to Ambassador Peter Jankowitsch of Austria, the former long-time Chairman of the Committee on the Peaceful Uses of Outer Space who will be chairing the IISL/ECSL symposium on “Reinforcing the Registration Convention”. We will start this symposium after about 10 minutes break at 4 p.m. All of you are cordially invited to stay.

This meeting is now adjourned until 10 a.m. tomorrow morning.

The meeting closed at 3.50 p.m.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download