Space of Law

Created by :
Group 6
Anugrah Bintang Alhafiizh (07041381924119)
Rina Anggraini (07041381924133)
Sherina Junika M. (07041381924178)
Muhammad Farhan Naufalda (07041381924209)
Mutiara Assyifa Alifia (07041381924224)

Faculty of Social and Political Science

Department of International Relations
Sriwijaya University
2020
 CHAPTER I
INTRODUCTION
A. Background of Space Law

CHAPTER II
THEORY AND DISCUSSION
Space of law is the legal body that regulates activities related to space, including both
international and domestic agreements, rules and principles. Room. Exploration, liability for
damage, weapons use, rescue efforts, environmental preservation, information sharing, new
technology, and ethics including space law parameters. In 1919 was the origin of the space
law sovereignty of each country over the air territory directly above their territory with the
recognition of international law, the Convention in 1944 was then strengthened in Chicago.
Started by the international scientific council during the cold war the domestic space program
encouraged the official creation of international space policy.
The first artificial satellite in the world in 1957 was launched by the Soviet Union, the
United States Congress was directly encouraged by Sputnik 1 to pass the Space Act so as to
create the National Aeronautics and Space Administration (NASA). It was in this era that
space law became a field independent of traditional space law, because space exploration was
needed to cross transnational boundaries.
Agreements on principles governing state activities in the exploration and use of
space since the cold war took place, including the moon and other celestial bodies and
constitutional legal frameworks and a set of principles and procedures that make up space law
which is a function of the International Telecommunications Union. The UN Committee for
the use of Space Peace (COPUOS), together with its legal and scientific and technical
subcommittees, is responsible for debating international space law and policy issues, the
function of the United Nations Office for Space (UNOOSA) as the committee secretariat and
promoting access into space for all through various conferences and capacity building
programs.
There are four challenges that will be faced by space law in the future, namely:
covering the dimensions of domestic compliance, international cooperation, ethics, and
finally the progress of scientific innovation, specific guidelines on the definition of airspace
to date have not been universally determined. The formation of the aerojet rocket company
in.

A. Early Developments
 At Caltech in 1942 by Theodore von karman and other scientists with the help of
lawyer Andrew G. Haley, After twenty years later Andrew G. Haley published a basic
textbook on space and government law.
In 1958 the United States and the Soviet Union held bilateral discussions which
eventually resulted in the presentation of problems to the United Nations for debate, the
formation of a UN committee for the use of peaceful space (COPUOS), COPUOS itself
created two sub-scientific and technical and legal sections of a small committee . The
COPUOS Legal Subcommittee has become the main forum for discussion and negotiation of
international agreements relating to space. The 1960 International Astronautical Congress
met in Stockholm and heard several submissions including a survey of legal opinions about
extraterrestrial jurisdiction by Andrew G. Haley.

B. International Treaties
Five international treaties have been negotiated and drafted in the COPUOS:
1. The 1967 Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer
Space Treaty").
2. The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the
Return of Objects Launched into Outer Space (the "Rescue Agreement").
3. The 1972 Convention on International Liability for Damage Caused by Space Objects
(the "Liability Convention").
4. The 1975 Convention on Registration of Objects Launched into Outer Space (the
"Registration Convention").
5. The 1979 Agreement Governing the Activities of States on the Moon and Other
Celestial Bodies (the "Moon Treaty").
With 104 parties to the space agreement being the most adopted, the rescue
agreement, the obligation convention and the registration convention all outlining the terms
of the space agreement, the UN Delegation seems to intend that the moon agreement
functions as a new comprehensive agreement that will replace or supplement the outside
agreement space, especially by outlining the terms of the space agreement on the seizure of
resources and the prohibition of territorial sovereignty Many consider that the moon
agreement was a failed agreement because of its limited acceptance and only had 17 parties.
The only country that has signed a month agreement and declared to go to the moon is the
country of India. an analysis of the Indian treaty law is needed to understand how this affects
India legally, but India has not ratified the treaty. Indian legal analysis of agreements is
needed to understand how this affects India legally. In addition, the 1963 Treaty Banning
Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water ("Partial Test
Ban Treaty") banned the testing of nuclear weapons in outer space.

 ISS Agreement 1998

Not only international agreements have been negotiated by the United Nations,
countries participating in the International Space Station have signed the 1998 Agreement
between the Canadian government, the European Space Agency Member States, Japan, the
Russian Federation, and the United States regarding cooperation in Civil International Space
Station. This agreement states that NASA is the main agency that coordinates country
contributions and activities on the space station, and that each country has jurisdiction over
its own modules. a model for a future agreement on international cooperation in facilities on
the Moon and Mars as a function of the agreement where the world's first colony and
scientific or industrial base might be established, the Agreement also regulates the protection
of intellectual property and procedures for criminal prosecution.

C. International principles and declarations

The five international space law treaties and agreements include "non-appropriation
of space by a country, arms control, freedom of exploration, responsibility for damage caused
by space objects, safety and rescue of spacecraft and astronauts, prevention of interference
dangerous hands with space activities and the environment, notification and registration of
space activities, scientific investigations and exploitation of natural resources in space and
dispute resolution.
The UN General Assembly adopts five declarations and principles of law that
encourage the implementation of international law, as well as integrated communication
between countries. The five declarations and principles are:
1. Declaration of Legal Principles Governing State Activities in Space Exploration and
Use (1963)
2. Treaty Governing State Activities on the Moon and Other Space Bodies (1979)
3. Principles that Regulate Use by Artificial Earth Satellite Countries for International
Direct Television Broadcasting (1982)
4. The Principles Relating to Remote Sensing of the Earth from Outer Space (1986)
5. Principles Relevant to the Use of Nuclear Resources in Space (1992)

D. Consensus
The United Nations Committee on the Use of Space Peace and its Scientific and
Technical and Legal Subcommittee operates on consensus, i.e. all delegates from Member
States must agree on any issue, be it the language of the agreement before it can be included
in the final version of the agreement or new items on the Committee / Subcommittee agenda.
One reason that the US space agreement has no definition and is unclear in other respects, is
that it is easier to reach consensus when language and terms are unclear. In recent years, the
Legal Subcommittee has not been able to reach consensus on a discussion of a new
comprehensive space agreement (an idea which, though, was proposed only by a few member
States). It is also unlikely that the Subcommittee will be able to agree to amend the Space
Agreement in the future. Many space countries appear to believe that discussing a new space
agreement or amending the Space Agreement will be futile and time-consuming, because
deep-rooted differences in resource grabs, ownership rights and other issues related to
commercial activities make consensus impossible.
 E. Geostationary orbit allocation
 Ilocative Limits
Objects in geostationary orbit remain stationary at a point on earth due to gravity.
There are many advantages to being able to use this orbit, largely because of the unique
ability to send radio frequencies to and from satellites to collect data and send signals to
various locations. communication, meteorology, earth's resources and environment, aircraft
navigation and control, testing of new systems, astronomy, and data relays, are the seven non-
military uses for orbit that have been approved by the UN committee for the use of Space
Peace, the requirements for separating these satellites indicate that the availability of
available orbital slots resulting in conflicts between countries that want access to the same
orbital slot, disputes that occur are handled by the ITU allocation mechanism but only a few
satellites can be placed in geostationary orbits.

F. Define Edit "space"

Many questions arise from the difficulty of defining the term "space". Scholars are not
only debating its geographical definition (eg upper and lower limits), but also whether it also
includes various objects in it (eg celestial objects, humans, man-made devices). The lower
limit is generally estimated to be around 50 kilometers. More and more difficulties arise
when trying to define the upper limit of "space", because it will require more investigation
into the nature of the universe and the role of the earth.

G. Future Devolopment
 Exploitation
While this field of law is still in its infancy, it is in an era of rapid change and
development. It can be said that space resources are unlimited. If commercial space
transportation is widely available, with much lower launch costs, then all countries will be
able to immediately benefit from space resources. In that situation, it seems that consensus
will be more easily achieved with respect to commercial development and human settlement
in space. High costs are not the only factor preventing economic exploitation of space. The
debate also focused on whether space must continue to be legally defined as part of "human
shared heritage," and therefore not available for national claims, or whether its legal
definition must be changed to allow private ownership in space. In 2013, NASA's plan to
capture an asteroid in 2021 raised questions about how space law would be applied in
practice.

H. National Law
The Space Agreement gives responsibility for regulating space activities, including
the government and private sectors, to each country where the activity takes place. If a
citizen, or organization belonging to one country launches a spacecraft in a different country,
the interpretation is different as to whether the country of origin or the launching country has
jurisdiction. The Space Treaty also includes the UN Charter by reference.
 CHAPTER III
CONCLUSION
Space law is the part of the legal body to regulating for all the obedience and the rules
into for the activities from the space, it’s extended for the internatinal and domestic for a
agreements, rules and principles, room for exporation,liability and preservation. And
likewise, the united nations plays a central role in law-making process related to the outer
space to management for all the entire law and the rules from the out of space, and then, the
adoption of the soft law instruments currently the constitution to the most viable method for
adressing space issues on the international level. NASA was consist of the space law either
due to as a became a field independent of traditional space law,that’s because, space
exploration was needed to cross transnational boundaries.in addition to, the international
treaties have a 5 drafted in the COPUS was consist of particularly below:
1. The 1967 treaty on principles governing the activities of states in the expolaration and use
of outer space, consist the moon and other celestial body (the outer space “treaty”)

2. The 1968 agreement on the rescue of astronauts, the return of astronauts and the return of
objects launched into outer space (the “rescue agreement’)

3. The 1972 convention on international liability for damage caused by space objects (the
“liability convention”.)

4. The 1975 convention on registration of objects launched into outer space (the “
registration convention”.)

5. The 1979 agreement governing the activities of states of the moon and other celestial
bodies (the “ moon treaty”).

For those 5 drafted’s consist to the international treaties of the space law obedience of
some kinda agreement that we’re going to be on held it. And also of the ISS Agreement 1998
its the agreement between the canadian government, the European space agency member
states included, japan, the Russia Federation, and the United States regarding for cooperation
in civil international space station. For these treaty/agreement states it rolled up for the
NASA due to NASA is the main agency for coordinates the country of the contributions and
activities on the space station,and each country would be a model for a future agreement on
international cooperation in facilities on the moon and the mars as a function of the
agreement where the world’s first colony and scientific for industrial base might be
established, the agreement also regulates the protection of intellectual property and
procedures for a criminal prosecution. On the other hand, the International Principles and
declaration is the agreements include “non- appropriation” of space by a country,arms
control, freedom of expolaration, responsibility for damage caused by space objects,safety
and rescue of space craft and astronauts, prevention of interference of the dangerous hands
with space activities and the surrounded by the environment, notification and registration of
space activities.therefore, space law consist for all over the boundaries,rules and principles of
the outer space within it to regulate.
 Bibliography

https://en.m.wikipedia.org/wiki/Space_law

https://www.google.co.id/amp/s/www.washingtonpost.com/technology/2019/08/31/space-
final-legal-frontier/%3foutputType=amp

https://www.britannica.com/topic/space-law

https://www.bloomberg.com/amp/opinion/articles/2018-11-01/the-blockchain-could-replace-
human-law-in-outer-space