Sources of Space Law and Policy

• Custom • Domestic and International Laws • Treaties and Agreements • Policy Statements and Directives — Presidential — DoD and the Armed Services — Other Government Organizations C. Hall, Randolph 228 [email protected]

Space Law and Policy Sources

• The Archimedes Institute http://www.permanent.com/archimedes • The Space Policy Institute http://www.gwu.edu/~spi/ • The National Space Society http://www.nss.org

• The Institute of Air and Space Law http://www.iasl.mcgill.ca

• The Space Law Home Page http://home.ici.net/~koz/koz.html

• Office of Air and Space Commercialization http://www.ta.doc.gov/space/ C. Hall, Randolph 228 [email protected]

CUSTOM

• Based on maritime law and customs • Specific differences — Abandoned space materials are still the property (and responsibility) of the launching nation — Not like maritime derelicts and wrecks • Concept: If not specifically illegal, then it is legal C. Hall, Randolph 228 [email protected]

Principles of International Space Law

• International law applies to outer space • Space is free for use by all countries • Space will be used for peaceful purposes • Space objects must be registered with the UN C. Hall, Randolph 228 [email protected]

Limited Test Ban Treaty 1963

• Prohibits nuclear tests or explosions in space, underwater, and atmosphere • US, UK, and USSR original parties • Many countries have signed since 1963 • Notably, France and PRC still have not signed C. Hall, Randolph 228 [email protected]

Outer Space Treaty 1967

aka TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES • Broad, general principles, non-binding • Established freedom of access to space • Nations can’t “claim” space or planets • Establishes basic liability for damage caused by manmade space objects • Space is for peaceful purposes only • No space-based weapons of mass destruction • Over 100 countries have signed to include all space capable nations C. Hall, Randolph 228 [email protected]

Agreement on the Rescue and Return of Astronauts 1968

• Elaborates principles stated in Article V of Outer Space Treaty of 1967 • Astronauts are peaceful envoys of mankind and must be returned safely and promptly • Recover spacecraft if possible, launching state must pay for recovery C. Hall, Randolph 228 [email protected]

ABM Treaty 1972

• Bilateral agreement between US and USSR. Russia has affirmed.

• Deploy ABM system around capital and one missile field • Amended by 1974 protocol to either/or • Deploy warning radars only on periphery • Can’t interfere with national technical means of verification of other party • ABM systems and components cannot be sea, air, space, or mobile land-based C. Hall, Randolph 228 [email protected]

Liability Convention 1972

• Created effective rules and procedures governing liability of space objects (Outer Space Treaty, Articles VI and VII) • Defines damage from space object • On earth and in air: absolute • In space: fault based • Claims through diplomatic channels • Cosmos 954/Skylab good examples C. Hall, Randolph 228 [email protected]

Registration Convention 1975

• Requires central registry of space objects with UN to further strengthen liability convention of 1972 • Each state shall provide, as soon as possible: Launching state, designator number, date and location of launch, basic orbital parameters and deorbit information • Use satellite catalog to identify objects • Check it out at: http://www.un.or.at/OOSA_Kiosk/treat/reg/register.html

C. Hall, Randolph 228 [email protected]

Moon Treaty 1979

• Declares Moon and its natural resources to be common heritage of all mankind, and all countries benefit from exploration, exploitation of moon • Wealth redistribution scheme • Only 6 countries have signed, no space powers have signed treaty C. Hall, Randolph 228 [email protected]

Strategic Arms Reduction Treaty (START I and II)

• START I: • Effective 4 Dec 1994 • Limits must be met by Dec 2001 • 6000 warheads/1600 delivery systems • START II: • Ratified by US Congress (not Russian) • Limits must be met by Jan 2003 • No MIRVs or “Heavy” ICBMs • 3000-3500 total warheads C. Hall, Randolph 228 [email protected]

Domestic Law

• U S Law and Regulations • Budget and appropriations process • NASA Act of 1958 • Commercial Space Launch Act of 1984 • Land Remote Sensing Policy Act (1992) C. Hall, Randolph 228 [email protected]

NASA Act 1958

• Established National Aeronautics and Space Administration • Responsible for space activities not related to national defense • Peaceful exploration of space • Enhance national prestige of the US C. Hall, Randolph 228 [email protected]

Commercial Space Launch Act (CSLA) 1984

• Purpose: To promote private sector activity in space and provide single agency to regulate commercial launches • Set liability limits and made military space launch infrastructure available for commercial use on a cost-reimbursable basis C. Hall, Randolph 228 [email protected]

Land Remote Sensing Policy Act (1992)

• Repealed previous LANDSAT Act of 1984 • Joint ownership of LANDSAT by DoD and NASA • Only unclassified images • Civilian organizations must pay cost for data retrieval only C. Hall, Randolph 228 [email protected]

National Space Policy

• Each President since Eisenhower has published a space policy • Each builds on the previous policies • National security use of space and space systems always included • Supplemented by additional directives C. Hall, Randolph 228 [email protected]

National Space Policy Evolution

• 1958 - First national space policy. Separate programs for civil, commercial, and national security. NASA created.

• 1960’s - Kennedy set first major space goal. “…man on the Moon…” • 1970’s - Moon landings then space program looses focus and priority is lowered. Broad objectives. Shuttle program approved. • 1980’s - Space warfighting perspective. Strategic Defense Initiative to eliminate ballistic missile threat.

• 1990’s - Space relatively low priority. Emphasis of joint ventures. Space station downsized. C. Hall, Randolph 228 [email protected]

Clinton Administration 1993 -

• BMDO replaced SDIO • National Space Council replaced by National Science and Technology Council • Consolidation of weather satellite systems to POES • Declassification of information C. Hall, Randolph 228 [email protected]

Clinton Administration 1993 -

• National security space activities shall contribute to US national security by: • supporting right of self-defense of US, allies and friends • deterring, warning, and defending against enemy attack • assuring hostile forces cannot prevent our use of space • countering, if necessary, space systems and services used for hostile purposes • enhancing operations of U.S. and allied forces • ensuring our ability to conduct military and intelligence space related activities • satisfying military and intelligence requirements during peace and crisis as well as through all levels of conflict C. Hall, Randolph 228 [email protected]

Department of Defense Space Policy

• Supports and amplifies U.S. national space policy • Space recognized as an operational medium (like land, sea and air) • Space mission areas defined: • Space Support • Force Enhancement • Space Control • Force Application C. Hall, Randolph 228 [email protected]

Air Force Space Policy

• Tenants • Spacepower will be as decisive in future combat as airpower is today • The Air Force leads the integration of space throughout all joint operations • Create fully integrated air and space forces that exploit the aerospace environment C. Hall, Randolph 228 [email protected]

Air Force Space Policy

Objectives

• Integrate space into all facets of joint operations • Develop the world's best spacelift and infrastructure • Create effective TMD, NMD, and GMD capabilities • Pursue international space cooperation for a global missile warning system C. Hall, Randolph 228 [email protected]

Navy Space Policy

• Space is an essential medium for the conduct of maritime operations.

• DON will integrate space into every facet of naval operations. • The primary focus is to provide space-based support to the warfighter. • Emphasis is placed on naval tactical requirements and operations C. Hall, Randolph 228 [email protected]

Army Space Policy

• Recognizes that Army is dependent on space systems, capabilities and products • Space products are a force multiplier • Space to be embedded in Army doctrine, training scenarios, wargames, exercises, and plans. • Requires developing , maintaining, and enhancing Army space expertise, to include provision for training of space-knowledgeable soldiers and civilians C. Hall, Randolph 228 [email protected]

US Space Strategy Formulation

• Space law and policy acts as a foundation upon which strategy and tactics are built • Policy drives strategy • Strategy drives tactics • Policy should be adaptable • If no longer valid, change it • Re-assess policy on a periodic basis • Change due to technology/requirements C. Hall, Randolph 228 [email protected]

Summary

• The legal and political parameters under which US space policies and programs are developed • International and domestic space laws, treaties and policies • Things to consider in developing US space strategy C. Hall, Randolph 228 [email protected]