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Outer Space
Background and History
Bodies
and organs that monitor outer space activities
United
Nations Committee on the Peaceful Uses of Outer Space (COPUOS)
Also referred to as the Outer Space Committee, COPUOS was
established in 1959 by the UN General Assembly in resolution
1472 (XIV) to review international cooperation in and devise
UN programmes related to the peaceful use of outer space,
encourage research and dissemination of information on outer
space, and consider legal issues arising from the exploration
of outer space. The Committee, which has 67 member states,
and its two subcommittees—the Scientific
and Technical Subcommittee and the Legal
Subcommittee—meet annually in Vienna and their decisions
are implemented by the UN Office for Outer Space Affairs.
In June 2007, COPUOS adopted debris
mitigation guidelines, which had been developed by
a working group on space debris in the Scientific and Technical
Subcommittee over the past few years. The guidelines include
measures to be considered for mission planning, design, manufacture,
and operational (launch, mission, and disposal) phases of
spacecraft and launch vehicle orbital stages. Member states
have pledged to implement these guidelines within their national
licensing or other applicable mechanisms “to the greatest
extent feasible.”
The 2007 session of COPUOS also agreed on a draft resolution
on the practice of states and international organizations
in registering space objects to be submitted to the General
Assembly, and approved a workplan for the United Nations Platform
for Space-based Information for Disaster Management and Emergency
Response (UN-SPIDER).
Conference
on Disarmament (CD)
PAROS has been a longstanding agenda item in the CD, the primary
body where UN disarmament treaties are negotiated. The Conference
established an “ad hoc committee” on PAROS in
1985 to examine and identify “through substantive and
general consideration, issues relevant to [PAROS].”
This committee lasted until 1994, though it made little progress.
Annual CD reports suggested that the Western group of states,
and in particular one state—presumably the United States—had
been blocking the negotiation of a treaty banning weapons
in space, or a treaty banning anti-satellite weapons, despite
having made a proposal along these lines in 1981 that helped
lead to the establishment of the ad hoc committee. The US
stated openly in 1990 that it “has not identified any
practical outer space arms control measures that can be dealt
with in a multilateral environment.”
The CD did not reestablish the ad hoc committee in 1995.
Since negotiating the Comprehensive Test Ban Treaty in 1996,
the CD has been unable to reconvene any ad hoc committee or
pursue negotiations on any subject. Despite this deadlock,
certain states, particularly Russia and China, have continued
to push for the CD to negotiate measures related to PAROS.
In 2002, they submitted a joint working paper on “Possible
Elements for a Future International Legal Agreement on the
Prevention of the Deployment of Weapons in Outer Space, the
Threat or Use of Force Against Outer Space Objects.”
In 2008, Russia and China submitted a draft
treaty for a ban on weapons in outer space to the CD,
based on the elements outlined in their 2002 working paper.
The US administration dismissed the proposal out-of-hand,
characterizing the offer to make preserve space for peaceful
uses “a diplomatic ploy by the two nations to gain a
military advantage.”
See the CD
Report for reporting on PAROS at the Conference on Disarmament.
General
Assembly First Committee for Disarmament and International
Security
The United Nations General Assembly is consensus-building
body, where issues of international peace and security are
collectively discussed among all UN member states. Its regular
session convenes in September of each year, and after two
weeks of General Debate, it breaks up into six specialized
committees. Every member state is entitled to participate
in each of the committees, where they consider proposals relevant
to the substantive topics covered by the committee, and recommend
resolutions for adoption by the General Assembly. While these
resolutions are not legally binding, they can be normative—that
is, they can indicate the establishment of customs, standards,
and guidelines for appropriate behavior. Resolutions adopted
by consensus also indicate substantive areas of agreement
that are ripe for negotiation and can enable the creation
of new treaties and the emergence of international legal norms.
Furthermore, they demonstrate global governmental opinion,
showing which governments support peace and security, and
which choose to remain outside of or even impede the development
of international cooperative security.The General Assembly's
work on disarmament is conducted through one of its main committees,
the First Committee on Disarmament and International Security.
Each year in the First Committee and then again in the General
Assembly as a whole, a resolution on the prevention of an
arms race in outer space (PAROS) is introduced and adopted
by an overwhelming majority of UN member states. In fact,
every country in the world votes in favor of negotiating
a treaty on PAROS—except for the US, which has voted
“NO” for the past three years, and Israel, which
has abstained. The US administration argues that the existing
multilateral arms control regime is sufficient, and that there
is no need to address a non existent threat. As one US representative
said in 2006, “there is no—repeat, no—problem
in outer space for arms control to solve.”
The PAROS resolution reaffirms the importance of the 1967
Outer Space Treaty, saying that PAROS efforts are in conformity
with that Treaty. However, the resolution also notes that
the current outer space legal regime “does not in and
of itself guarantee the prevention of an arms race in outer
space.” The PAROS resolution calls for states, especially
those with space capabilities, to refrain from actions contrary
to the objective of PAROS and to “contribute actively”
to that objective. It argues for consolidation and reinforcement
of the outer space legal regime, and says the Conference on
Disarmament (see below) is the place for a new treaty on PAROS
to be negotiated.A PAROS treaty would complement the 1967 Outer
Space Treaty, which aims to preserve space for peaceful uses,
if it prevented the use of space weapons and the
development of space-weapon technology and technology related
to so-called “missile defense.” A PAROS treaty
would also prevent any nation from gaining a further military
advantage in outer space and would hopefully reduce current
military uses of outer space.
In recent years, the UN General Assembly has started to move
beyond merely calling on the Conference on Disarmament to
commence negotiations on PAROS, to recommending measures on
transparency and confidence-building in outer space. Many
states have called on space-capable states to guarantee transparency
in their outer space activities and to engage in confidence-building
measures. In 2005, 2006, and 2007, Russia has introduced a
resolution on transparency and confidence-building measures
in outer space activities. As with the PAROS resolution, the
overwhelming majority of member states vote in favour of this
resolution, with only the US objecting and Israel abstaining.
In 2007, the UN Secretary General released a report
on “Transparency and confidence-building measures in
outer space,” which contained perspectives on the matter
from Austria, Bangladesh, Kenya, and Portugal on behalf of
the European Union. The European Union proposed the development
of a comprehensive code of conduct on space objects and space
activities, and suggested guidelines for the general principles,
scope, and participation for such a code. The EU is planning
to submit a code of conduct to the Conference on Disarmament
for further consideration.
General Assembly Resolutions
2007: A/RES/62/20,
Prevention of an arms race in outer space
2007: A/RES/62/43,
Transparency and confidence-building measures in outer space
activities
2006: A/RES/61/58,
Prevention of an arms race in outer space
2006: A/RES/61/75,
Transparency and confidence-building measures in outer space
activities
2005: A/C.1/60/L.27,
Prevention of an arms race in outer space
2005: A/C.1/60/L.30/Rev.1,
Transparency and confidence-building measures in outer space
activities
2004:A/RES/59/65, Prevention
of an arms race in outer space
2003: A/RES/58/36,
Prevention of an arms race in outer space
See the First
Committee Monitor for reporting on PAROS at the First
Committee.
General
Assembly Fourth Committee on Special Political and Decolonization
The Committee has played a crucial role in advancing space
cooperation and provides a unique opportunity for the exchange
of information among governments on the latest developments
in the use and exploration of outer space. The fourth committee
could be a better forum to work on preventing the weaponization
of space than the first committee since the framework of this
committee is based on development instead of securit y and
there are more actors using space for development purposes
than for military ones. The 4th Committee meets every year
for a four or five week session following the General Assembly
General Debate and is comprised of all UN member states.
International
Telecommunication Union (ITU)
ITU, headquartered in Geneva, Switzerland, is another international
organization within the United Nations System where governments
and the private sector coordinate global telecom networks
and services. The ITU plays a vital role in the management
of the radio-frequency spectrum and satellite orbits, finite
natural resources which are increasingly in demand from a
large number of services such as fixed, mobile, broadcasting,
amateur, space research, meteorology, global positioning systems,
environmental monitoring and, last but not least, those communication
services that ensure safety of life at sea and in the skies.
Key
legal instruments to protect outer space
1963 Treaty
Banning Nuclear Weapon Tests In The Atmosphere, In Outer Space
And Under Water
1967 Outer
Space Treaty (formally titled as the Treaty on the Principles
Governing the Activities of States in the Exploration and
Use of Outer Space, including the Moon and Other Celestial
Bodies.)
(Summary of Outer Space Treaty)
1968 Rescue
Agreement (formally titled as the Agreement on the Rescue
of Astronauts, the Return of Astronauts and the Return of
Objects Launched into Outer Space)
1971 Agreement
Relating To The International Telecommunications Satellite
Organization "Intelsat" (with annexes and Operating Agreement
1972 Liability
Convention (formally titled as the Convention on International
Liability for Damage Caused by Space Objects)
1975 Registration
Convention (formally titled the Convention on the Registration
of Objects Launched into Outer Space)
1979 Moon
Agreement (formally entitled the Agreement Governing the
Activities of States on the Moon and Other Celestial Bodies)
1985 Convention
On The International Maritime Satellite Organization (INMARSAT)
with Annex and Operating Agreement (1976); as amended 1985;
with Protocol (1981)
Although the current international legal instruments
concerning outer space do, to some extent, prohibit and restrict
the deployment of weapons, use of force as well as military
activities in certain parts of space, the related provisions
contained in them are seen by some states to be limited in
scope and therefore inadequate for preventing weaponization
of outer space. The progress of science and technology could
make it necessary to strengthen the existing international
legal system. There have been several suggestions on how to
move forward. The Weapons of Mass Destruction Commission (WMDC)
recommended a review conference of the Outer Space Treaty
which could extend its scope and strengthen the Treaty. Another
suggested step could the establishment of rules of the road
(general practice and procedures) in outer space or confidence
building measures. A number of states argue for the creation
of a completely new treaty, a
PAROS treaty, or a treaty on the prevention of the placement
of weapons in outer space.
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