Neta Palkovitz

Legal Adviser, ISIS- Innovative Solutions In Space B.V.;

International Institute of Air and Space Law, Leiden University

Gdansk International Air & Space Law Conference

15 of November, 2013

“Space Law – An Emerging Branch of Law”

The UN Space Treaties:

Since then no new binding UN space law treaties, however, soft law instruments were proposed by various entities.

In some respects space law is still an emerging branch of law, especially when considering national space legislation, environmental issues, and legal lacunas related to innovative space activities.

Outer Space Treaty, 1967Rescue Agreement, 1968Liability Convention, 1972Registration Convention, 1975Moon Agreement, 1979

Developments in Space Law as Ilustrated by the Case of Small Satellites

Small Satellites < 1000 kg100-1000 kg: mini10-100 kg: micro1-10 kg: nano0.1-1 kg: pico

What are Nano-satellites and CubeSats?

Launched as auxiliary payload

CubeSats:~10x10x10 cm: 1U~20x10x10 cm: 2U and so on…

1 kg spacecraft1 kg spacecraft Education & trainingEducation & training Component testingComponent testing

2-3 kg spacecraft2-3 kg spacecraft Small research missionsSmall research missions Precursor missionsPrecursor missions

3-10 kg spacecraft3-10 kg spacecraft low rate communicationlow rate communication Network solutionsNetwork solutions

10-20 kg spacecraft10-20 kg spacecraft Compact EO missionsCompact EO missions

Size, Use & Philosophy

BenefitsLow Cost: accessible to all nations, including “developing countries”Platform for scientific research/educational missionsTechnology demonstrationsStandardization allows for international cooperation

ChallengesUsually non-manoeuvrable once deployed into orbit

“An international network of 50 double CubeSats for multi-point, in-situ, long-duration measurements in the lower thermosphere and for re-entry research.”

Altitude of ~380 km, below the ISSThe satellites are developed and owned by diffenent entities worldwideCarrying identical sensorsStudy the re-entry process and technology demonstrationsMission control centers in Europe, North America & Asia First project to create such wide international collaboration in outer spaceFirst space mission for some participating nationalities

Legal Development and Implementation:

• National space legislation: State responsibility (Art. VI Outer Space Treaty) General issues relating to liability (Art. VII of OST & Liability Conv.) Registration (Art. VIII of OST & Registration Conv.)

• ITU frequency allocation and amature bands (ITU RR)

• Space debris mitigation

• Air-launches (regulation of suborbital flights)

While international space law originated decades ago, “space law” may nonetheless be regarded as an emerging branch of law, especially when considering national space laws and contemporary space activities.

The case of nano-satellites illustrates the need to interpret the provisions of the space treaties and relevant national space laws in a manner which corresponds with the use of innovative space technologies.

A comprehensive legal regime should address state responsibility, liability and registration issues, in order to clarify the distribution of rights and obligations between private entities in the space industry and the states concerned.

Many developments to come!

npal@isispace.nl

Thank You!