After the launch of the first space object in 1957 by the Soviet Union, other States followed with space objects for different missions. With time, space activities developed into many directions. It became evident that activities undertaken beyond national boundaries needed to be internationally regulated. Governments started to call for the creation of multilateral treaties at the United Nations and other fora. Specialists in law and policy had to get acquainted with scientific and technical issues to provide sound proposals for such regulation.
After several United Nations General Assembly Resolutions and years of discussions and drafting, the ‘Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies’ (Outer Space Treaty)
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was opened for signature in 1967 and entered into force in the same year. Today this treaty has more than 100 State Parties, including the spacefaring countries. This treaty and UN General Assembly Resolutions express the hopes of countries to partake in the exploration and use of outer space. Article i of the Outer Space Treaty declares that “[t]he exploration and use of outer space […] shall be carried out for the benefit and in the interest of all countries, irrespective of their degree or economic or scientific development […]”.
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Article ix also added the element of international cooperation by declaring that “States Parties to the Treaty shall be guided by the principle of cooperation and mutual assistance and shall conduct all their activities in outer space […] with due regard to the corresponding interests of all other States Parties to the Treaty”.
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The Outer Space Treaty was followed by four more treaties.
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Although these treaties provide
This book focuses on the Geostationary Orbit, an area around our planet that naturally provides a haven for man-made satellites due to celestial dynamics. The idea of using the Geostationary Orbit was suggested early by several scientists, but Arthur C. Clarke provided the first exact parameters of this orbit and some of its possible uses. 5 The Geostationary Orbit is a circular orbit with 0° inclination with respect to the Earth’s equator, located at approximately 36,000 km over the surface of the Earth. A space object inserted into this orbit from West to East has the same angular velocity as the Earth and thus moves synchronously with our planet. The object seems to be ‘stationed’ above a point of the terrestrial equator, enabling terrestrial antennas to be directed to one fixed point in the sky, saving costs on satellite location and tracking. Considering that traffic of space objects 6 is not limited to the Geostationary Orbit, as defined by the laws of physics, but occurs also in the adjacent area, this book addresses a ring-shaped area: ‘the Geostationary Ring’. 7
In 1964, the United States became the first country to reach this area with a satellite and soon was followed by other countries. Due to the fact that the
The Geostationary Orbit hosts more than 500 operational satellites of States with different levels of economic development. Efforts for coordinating the fair positioning of geostationary space objects and the rational use of electromagnetic frequencies are in constant development. One remarkable step in the direction of an equitable access and rational, efficient and economic use of this orbit was the adoption of Article 44(2) in the Constitution of the International Telecommunication Union:
In using frequency bands for radio services, Member States shall bear in mind that radio frequencies and any associated orbits, including the geostationary-satellite orbit, are limited natural resources and that they must be used rationally, efficiently and economically, in conformity with the provisions of the Radio Regulations, so that countries or groups of countries may have equitable access to those orbits and frequencies, taking into account the special needs of the developing countries and the geographical situation of particular countries. 8
At present, broad public attention is paid to private companies which start to deploy large constellations of satellites into low Earth orbits with the aim to provide internet access to all regions of the world. However, the Geostationary Orbit still serves as the backbone for international satellite communications and the slots in this orbit continue to be highly sought. For this reason, it is necessary to analyse the State practice and the key legal questions with regard to the benefit and the interest of all countries, the equitable access, and the economic, efficient and rational use of the Geostationary Orbit.
1 Structure of the Book
Chapter 1 on ‘Physical Characteristics and Users of the Geostationary Orbit’ addresses the characteristics of orbits and defines the structure of the Geostationary Ring, depicted as a three-dimensional ring-shaped area. This Chapter also makes reference to natural forces influencing the orbital paths of satellites. The last section presents a brief history of the cooperation efforts of several States to take advantage of the development of space technology that allowed the launch and positioning of the first geostationary satellites. A succinct description of international organisations created for the exploitation of geostationary space systems follows.
Chapter 2 addresses the ‘Basic Concepts of Space Law’ as relevant for the Geostationary Ring, for the benefit and interest of all countries, and for its equitable, rational, efficient and economic use. The first part of this Chapter presents the basic legal principles that serve as a reference framework for States when they perform space activities. The second part of this Chapter takes a closer look at the terms of State responsibility and liability and provides a reference frame for the proper understanding of these concepts in this particular context.
‘Sovereignty Claims with Respect to the Geostationary Ring’ are studied in Chapter 3. The chapter focuses on Colombia and Ecuador, which are the only two countries who have included sovereignty claims on segments of the Geostationary Orbit in their national legislation. The claims of these countries are juxtaposed to the satellite services they receive from other States who operate satellites in the claimed geostationary segments.
Chapter 4, on ‘Slots and Electromagnetic Frequencies’, addresses the work of the International Telecommunication Union to develop mechanisms for coordination in the use of the limited electromagnetic frequency spectrum and the positioning of satellites in the Geostationary Ring. The chapter also addresses some controversial and peculiar practices, like zombie satellites, paper satellites, phantom satellites, slot seizure and intentional harmful interference.
Chapter 5, related to ‘Space Traffic in the Geostationary Ring’, presents incipient norms, recommendations and coordination issues relating to the movement of space objects in this region, beyond the existing framework, as discussed in the previous chapters. Some minimum standards are proposed for future space traffic management in this region.
The following Chapter 6 is dedicated to describe the ‘Pollution of the Geostationary Ring’. It outlines the sources of the growing generation of space debris and other sorts of pollution that affect all orbits and endanger astronauts and satellites, and thereby threatens the efficient use of that area of outer space.
Chapter 7 ‘Re-Orbiting into Graveyard Orbits’, is dedicated to transfers of space objects as one particularly prominent measure to solve the pollution problem of this region. In 1977, the international governmental organisation intelsat, was first to transfer a geostationary satellite into an orbit above the geostationary line, to avoid long lasting interference with operational satellites. This act opened the discussion and development of the concept of ‘re-orbiting’. In 2002, the Inter-Agency Space Debris Mitigation Coordination Committee (iadc), a non-governmental entity, proposed a set of guidelines including the re-orbiting of satellites. 9 Five years later the Committee on the Peaceful Uses of Outer Space (copuos) 10 produced its own set of space debris mitigation guidelines, largely based on the iadc guidelines, which included re-orbiting. In December 2007, the United Nations General Assembly endorsed through a Resolution the copuos Space Debris Mitigation Guidelines. 11 According to the European Space Agency/European Space Operations Centre (esa/esoc) yearly ‘Classification of Geosynchronous Objects’ reports, 12 an increasing number of States are following these recommendations. Based on these observations, this chapter presents a study on the evolving State practice and opinio iuris regarding re-orbiting and it anticipates the creation of an international customary norm. The legal consequences that result from the crystallization of a new customary norm on satellites re-orbiting are addressed. The book contains several tables and other information, which are compilations of data by this author from the esa/esoc’s reports on Classification of Geostationary Objects from 1998 to 2018. Although the numbers presented in these tables are approximate, they show clear tendencies of State practice.
Chapter 8 addresses ‘On-Orbit Servicing, Removal and Recycling of Space Debris’ including cases of servicing (for instance, re-fueling), repair, and salvage as another potential tool for enhancing rational, economic and efficient use of the Geostationary Ring. Based on an analysis of the legal link between
Chapter 9, on ‘Unauthorised Cyber Activities’, refers to the increase of unauthorised intrusions into computer systems of space infrastructures and space agencies. The potential risks of the use of the Geostationary Ring are addressed and it is examined if present space law treaties are applicable. First-step recommendations are offered to legally counteract such activities.
Finally, Chapter 10 is dedicated to ‘Future Systems’. The technological concepts of space solar power systems, space mirrors and space elevators are addressed in the context of space law, also considering potential damage in space and on the surface of Earth and to aircraft in flight.
The breathtaking speed of technologies in manifold areas have an on-going impact on current and future satellite systems, and call for a constant update of the legislation, policies and also studies, like this book. I hope that this work will not only guide the reader through an area that is permanently evolving and growing in complexity, but also inspires to join in the study and to undertake efforts for the protection of this precious area around our planet, the Geostationary Ring.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty), Jan. 27, 1967, entered into force Oct. 10, 1967; 18 ust 2410; tias 6347; 610 unts 205; http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html. As of Jan. 1, 2019, 109 States have ratified this treaty. For the ratification status see Status of International Agreements Relating to Activities in Outer Space as at 1 January 2019, lsc 58th Session, UN Doc. A/AC.105/C.2/2019/CRP.3, Apr. 1, 2019, http://www.unoosa.org/documents/pdf/spacelaw/treatystatus/AC105_C2_2019_CRP03E.pdf.
Outer Space Treaty, Art. i, ibid.
Outer Space Treaty, Art. ix, supra 1.
Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched Into Outer Space (Rescue Agreement), Apr., 22, 1968, entered into force Dec. 3, 1968; 19 ust 7570; 672 unts 119; Convention on International Liability for Damage Caused by Space Objects (Liability Convention), Mar. 29, 1972, entered into force Sep. 1, 1972; 24 ust 2389; tias 7762; 961 unts 187; Convention on Registration of Objects Launched into Outer Space (Registration Convention), Jan. 14, 1975, entered into force Sep. 15, 1976; 28 ust 695; 1023 unts 15; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement), Dec. 18, 1979, entered into force July 11, 1984; 18 ilm 1434; 1363 unts 3. See United Nations Treaties and Principles on Outer Space, related General Assembly resolutions and other documents, UN Office for Outer Space Affairs, http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html.
Arthur C. Clarke, “Extraterrestrial Relays”, in Wireless World (1945), http://lakdiva.org/clarke/1945ww/1945ww_oct_305-308.html.
This concerns space objects that, following launch, move to reach their position, space objects that change position during their operational-life for several reasons, space objects that leave this area to be disposed and space debris.
The parameters of the Geostationary Ring addressed in this book follow the ‘protected region’ concept proposed by the Inter-Agency Space Debris Coordination Committee (iadc). iadc Space Debris Mitigation Guidelines Section 3.3.2. Protected Regions of Space Debris Mitigation Guidelines: “(2) Region B, the Geosynchronous Region-a segment of the spherical shell defined by the following: lower altitude=geostationary altitude minus 200 km; upper altitude=geostationary altitude plus 200 km; −15 degrees≤ latitude ≤ +15 degrees”. Inter-Agency Space Debris Coordination Committee, Space Debris Mitigation Guidelines, Oct. 15, 2002 (revised in 2007) IADC-02-01, 6, https://www.iadc-home.org/documents_public/view/id/82#u. Cf. International Academy of Astronautics (iaa), Position Paper on Space Debris Mitigation-Implementing Zero Debris Creation Zones, ed. Christophe Bonnal and Walter Flury, Oct. 15, 2005, 8, http://iaaweb.org/iaa/Studies/spacedebrismitigation.pdf.
Constitution of the International Telecommunication Union, Dec. 22, 1992, entered into force July 1, 1994, last amended 2010. 1825 unts 3, Art. 44(2). itu, Collection of the basic texts of the International Telecommunication Union adopted by the Plenipotentiary Conference, edition of 2015, http://search.itu.int/history/HistoryDigitalCollectionDocLibrary/5.21.61.en.100.pdf.
iadc Guidelines, supra 7, 6. The iadc Space Debris Mitigation Guidelines are in Annex 1 to this book.
UN, Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space [ copuos Space Debris Mitigation Guidelines], Report of the Committee on the Peaceful Uses of Outer Space, UN Doc. A/62/20, June 15, 2007, 47–50 [Annex], http://www.unoosa.org/pdf/gadocs/A_62_20E.pdf.
unga Resolution, International Cooperation in the Peaceful Uses of Outer Space, UN Doc. A/RES/62/217, Dec. 22, 2007, [paras. 26–28], https://undocs.org/A/RES/62/217.
esa/esoc, Classification of Geosynchronous Objects, Issues 1 to 21 (reporting objects from 1998 to 2018).