Legal Implications of Operational Information for Sustainable Space Activities

Paper number

IAC-17,E7,5,3,x38969

Author

Mr. Yu Takeuchi, Japan Aerospace Exploration Agency (JAXA), Japan

Year

2017

Abstract

In the context of maintaining long-term sustainability of outer space activities, it is repeatedly advocated the necessity of gathering the information of the operators and status of the space objects. Those discussions are currently tend to conclude as an idea of establishing an information platform within the UN system.
Legally speaking, the Registration Convention’s system has been originally serving for information sharing of launched space objects. It identified the responsible State of jurisdiction and control over the respective object. This implies 2 sides of the same coin of the right and obligation. The obligation side is the public notification function of the primary responsible State for the protection of third party victims of the damage arising out by such space object. The right side is the state jurisdiction over the space object. It is solely the State of registry retain the right to legally regulate, control and enforce the object. This 2 sided character of the space object registration illuminate the spirit of space object registration as the indication of the state responsibility and national jurisdiction, which can be said static legal relations.
On the other hand, SSA is based on the pressing issue of the operators of sharing information of the objects among the contemporary operators. JSPOC of the US military turned out spreading the rough analysis resolutions worldwide, as well as concerting with several certain organizations to mutually exchange orbit information in order to elaborate the collision avoidance assessment. This movement of expanding the scope of SSA from solely governmental activity to commercial and civil activities is recently increasing. SSA provides dynamic information solely for operational uses.
The discussion in the Long-Term Sustainability of the Outer Space Activities of the UNCOPUOS is entering to a complex of converging the above 2 issues. Dynamic information is useful for daily operations despites it does not necessarily identify the proper responsible State in case of accident. However, identification of static legal relations usually does not shows designated operator while the operator shall conduct collision avoidance operations.
This paper will try to elaborate the legal implication of the information both of space object registration and SSA with a profound examination of the actual scene that the information required. By doing so, the paper will try to reach an answer of what is the valuable information for maintaining sustainable space activities and what is the proper modality of those provision.

Abstract document

IAC-17,E7,5,3,x38969.brief.pdf

Manuscript document

IAC-17,E7,5,3,x38969.pdf (🔒 authorized access only).

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