How to adapt the present regime for registration of space objects to new developments in space applications?
- Paper number
IAC-05-E6.4.08
- Author
Mr. Dr. Bernhard Schmidt-Tedd, German Aerospace Center (DLR), Germany
- Coauthor
Dr. Michael Gerhard, German Aerospace Center (DLR), Germany
- Year
2005
- Abstract
How to adapt the present regime for registration of space objects to new developments in space applications? Contact author: Dr. Bernhard Schmidt-Tedd Head of Legal and Business Support Space Agency DLR (German Aerospace Center) Königswinterer Str. 522-524, 53227 Bonn, Germany Tel: 0049 (0) 228 447-210, Fax: 0049 (0) 228 447-746 eMail: bernhard.schmidt-tedd@dlr.de Co-author: Dr. Michael Gerhard Legal advisor of Legal and Business Support Space Agency DLR (German Aerospace Center) Königswinterer Str. 522-524, 53227 Bonn, Germany Tel: 0049 (0) 228 447-467, Fax: 0049 (0) 228 447-746 eMail: michael.gerhard@dlr.de Organization DLR German Aerospace Center Königswinterer Str. 522 – 524 53227 Bonn Germany E 6.4 The user of an airplane or a vehicle knows its serial number and the registration. In case of liability or commercial exploitation you have unequivocal identification criterion. Responsibilities are linked to the ownership or the right to use, e.g. the power of disposal and the economic utilisation. In case of space objects the situation is not that clear. First of all, there is a launching state or several launching states between the private user and an interested third party. The Convention on Registration of Objects Launched into Outer Space (REG) obliges the launching state to register the space object in an appropriate register. Where there are two or more launching states in respect to such an object, Art. II (2) REG provides that those states should jointly determine which one of them shall register that object. To that effect, according to the Registration Convention, only one state should register the space object. Only a launching state can register the space object. In case that a state acquires jurisdiction and control only after the relevant launch this state can not become a state of register. The paper will reflect that concept of the REG against the background of state practices as well as problems due to the commercialisation of space activities. Thus e.g., privately financed satellites for space applications are likely to be assigned by the manufacturer to the operator only after their positioning in orbit. This brings up the question which rules of interpretation and which criteria of application should be applied to achieve a registration procedure which complies with the REG and which is at the same time suited to meet the practical needs. Such considerations should take into account that an UNIDROIT register will shortly be established (Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets) which will have to deal with the same conflicts between private use and boundary conditions implied by international law. Therefore there is a need to optimize the registration procedure in order to have a complete reference under public law to be used for the private sector. If a uniform registration procedure can be found, this appears to be possible even on the basis of the existing legal situation.- Abstract document
- Manuscript document
IAC-05-E6.4.08.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.