AIRSPACE LAW.

GROUP 9.
BERYL JEBUNGEI – LAW/M/1292/09/20.
KELVIN ORENGE – LAW/M/0931/09/20.
STEPHANIE TAPNYOLEI – LAW/M/2445/09/21.
STEPHANIE SISIA – LAW/M/0792/09/15.
WENDY MUSONYE – LAW/M/0945/09/21.
KAREN C. MAINA - LAW/M/0536/05/19.
ALLAN OBWINI – LAW/MG/2602/09/20.
AHADI GABRIEL MUKABANA – LAW/MG/2942/09/21.
THE OUTER SPACE.
1. SPACE TOURISM AND PRIVATE SPACE ACTIVITIES.

Space tourism involve the human travel to space for recreational activities. However, we haven’t
gotten any legal framework to define the term space tourism, various authors in their papers have
tried to describe space tourism. The concept of space tourism has been in place from the 1960
where up until 1990s. The idea began taking shape, primarily as a speculative concept. Various
proposals emerged during this period, including plans for commercial space stations and
suborbital flights.
However, actual space travel remained limited to government astronauts. In April 2001, the idea
was finally conceptualized when American Businessman Dennis Tito became the first person to
board the Soyuz-TM32 together with the crew that was heading to the International Space
Station. He was however on the vessel as a tourist after parting away with an estimate cost of
around USD 20million.This was organized by an American based company Space Adventures
founded in 1998.
Through the years there was formation of other space companies involved in the organization of
space tourism such as ROSCOSMOS and RSC Energia. This organizations planned for seven
space tourists to make eight trips to the outer space including of Anousheh Anasari as the first
ever female space tourist on the September 26 2006.In 2010,Russia halted the aspect of space
tourism due to the increased number of International space station crew members and it set to
resume the same 2015 however, the same was extended to 2021 where it saw the launch of
SoyuzMS-20 .After 2010,there has been formation of other organizations with the aim of Space
tourism such as Virgin Galactic , Space X, Blue origin, Boeing among others.
According to the Space Tourism Market Size, Share & Trends Analysis Research Report by
Grand View Research, the global space tourism market size was valued at USD 851.4 million in
20231.From various people, the concept of Space tourism has to deal with the aspect of
commercialization of visiting of space. According to Irina Rhyzenko and Olena Halahan, the
concept of space tourism can also include activities such as visiting and observatory, observing
the launching of space objects at a spaceport, using a special center and equipment to train
astronauts, staying at a flight control center, and more.2
There are various types of Space tourism which the majorly are
a) Orbital Space Tourism.
Orbital space tourism refers to recreational travel to space that involves reaching and spending
time in Earth's orbit, typically aboard spacecraft designed for this purpose. This type of tourism
allows participants to experience microgravity and view Earth from space, often including stays
1
The Brainy Insight, Space Tourism Market, August 2024< https://www.thebrainyinsights.com/report/space-
tourism-market-14491>
2
Rуzhenko, Irina, and Olena Halahan (2020) International Legal Regulation of Space Tourism. Advanced Space Law,
Volume 5, 83-90. https://doi.org/10.29202/asl/2020/5/8
at the International Space Station (ISS) or other orbital facilities. Good example of this is the
experience of Deniss Tito where he got to spend 8 days on the orbit in his visit to the
International Space Station.
b) Suborbital Space Tourism.

Suborbital space tourism refers to space travel that reaches the edge of space but does not
achieve orbital velocity, meaning the spacecraft does not complete a full orbit around Earth. This
type of tourism allows passengers to experience a brief period of weightlessness and view the
curvature of the Earth from high altitudes, typically around 100 kilometers (62 miles) above sea
level, known as the Kármán line. Good example of a company that offers this is the Virgin
Galactic which has successfully completed 12 sub-orbital flights since its first flight in December
2018.3
c) Lunar space tourism.

Lunar space tourism is an emerging sector within the broader field of space tourism, aiming to
provide private individuals with the opportunity to visit the Moon. This concept has gained
traction due to advancements in aerospace technology and the involvement of private companies,
which are working towards making lunar travel accessible to a broader audience. Good example
of this is Space X project to take people to land and experience Mars which hasn’t been
conceptualized yet but in the process of development.
1.1 Innovations on space tourism as of 2024

Technology is on an upward trajectory and this is manifest in the following: -

1. Companies like space perspective and world view are launching high altitude balloon
flights, offering a more serene experience
2. Suborbital flights – Virgin Galatic and the blue origin continue to provide suborbital
trips, normalizing short duration space experiences with beautiful views.
3. Orbital missions by private companies such as Space X to the ISS, allowing tourists to
experience life in low earth orbit for several days.4
4. Space travel is now more accessible unlike the past due to innovations by companies such
as Space X which offers reusable rocket systems increasing flight frequency while
reducing costs.5

1.2 LEGAL POSITION OF OBJECTS LAUNCHED INTO OUTER SPACE (SPACE

DEBRIS)

3
-- < https://www.virgingalactic.com/ > on 2 November 2024.
4
Anne Wainscott- Sargent, “The coming of space tourism” -- < https://interactive.satellitetoday.com/the-coming-
of-space-tourism/ >.
5
Skift,”A ticket to space is tourisms final frontier” -- < https://skift.com/2024/10/27/a-ticket-to-space-is-tourisms-
final-frontier/ >.
This can be described as space junk or objects launched to space and abandoned or no longer in
use. This can include objects such as launch vehicles, abandoned satellites or abandoned space
vehicles. A good example in this case of a space debris is the Kosmos 2251 which was a Russian
military satellite which was launched in 1991 and abandoned by the Russian Military in the orbit
which became a space debris before its collision in 2009.
There are various legislation of the United Nations dealing with objects launched to the outer
space such as the Convention on liability also known as Convention on International Liability for
Damage Caused by Space Objects which came int place 1972.It has highlighted two types of
liability to states that is
 Absolute Liability: Launching states are absolutely liable for damage caused by their
space objects on Earth, which means they must compensate for damages regardless of
fault.
 Fault-Based Liability: For damages occurring in outer space, liability is determined
based on whether the launching state failed to meet expected standards of care.
This legislation main aim is to mandate states to be liable for damage caused elsewhere other
than on the surface of the Earth to a space object of one launching state or to persons or property
on board such a space object of another launching state. Elaborate on this was made under
Article 7 of the convention.
We also have the Registration Convention seeks to provide information for use in determining
liability by mandating that all launching states notify the UN of any objects they launch and
provide the UN with the objects' orbital parameters. Article 6 of the Registration Convention
directs nations with monitoring or tracking facilities to aid in the identification of space objects
that caused damage. By this they try to create accountability for Nations whose space debris
caused harm or damage in the outer space. However, the conventions try to address the issue of
space debris they still fail to address the need for limitation of creation of new debris. In
addition, some of the issues that are raised in the treaties are difficult to apply to debris. For
example, the liability convention assigns liability based on ownership of the objects involved,
but the origin of the vast majority of debris objects that are not cataloged cannot be determined.
Even where the treaties may be applicable to debris issues, interpretation is often difficult
because the legal definitions of "space debris" and "space objects" are not entirely clear. 6.
Space Debris Considerations.
Space debris presents unique challenges under this legal framework which majorly include;
 Ownership and Control: Even if an object becomes debris, the original launching state
retains ownership and control. This complicates recovery efforts and responsibilities for
debris management.

6
National Academies of Sciences, Engineering, and Medicine. 1995. Orbital Debris: A Technical
Assessment. Washington, DC: The National Academies Press. https://doi.org/10.17226/4765
  International Cooperation: The treaties encourage states to cooperate in managing space
debris and ensuring that activities do not interfere with peaceful exploration. States are
urged to assist in recovering lost or damaged objects.
The legal position of objects launched into outer space, including space debris, is primarily
defined by international treaties that establish jurisdiction, liability, and registration
requirements. These frameworks aim to promote responsible use of outer space while addressing
the complexities introduced by increasing amounts of space debris. As the number of satellites
and other objects in orbit grows, adherence to these legal principles becomes increasingly critical
for sustainable space activities.
1.1 IRIDUM-COSMOS INCIDENCE
This is an incidence that happened on the February 10 th ,2009 between two space satellites. One
was a Russian registered military satellite known as Cosmos 2251 which was launched to space
in the year 1993 and weighed a total of 950 kgs however the Russian Military abandoned using it
and did not bother removing it from space and thus it was left as a space debris. The second
satellite was known as Iridium 33 which was a United States registered satellite launched on the
year 1997 and was also used as a communication for satellite phones. Unfortunately, on the 10 th
February 2009, the two satellites collided at a speed of 26000mph.
The collision occurred on the Taymyr Peninsula in Serbia. This was the first hypervelocity
collision of satellites and 10 days later, it was reported by National Aeronautics and Space
Administration that the collision had created almost 1000 pieces of debris which were estimated
to be 10 centimeters long. The United States Space Surveillance Network had estimated over
2000 debris from the collision. NASA issued a warning of collision of the debris with the ISS.
The Chinese scientist also stated that the debris from the collision pose a threat to Chinese
satellites.
By December 2011, many smaller pieces of the debris were in an observable orbital
decay towards Earth, and were expected to burn up in the atmosphere within one to two years. In
2016, Space News listed the collision as the second-biggest fragmentation event in history, with
Kosmos-2251 and Iridium 33 producing, respectively, 1,668 and 628 pieces of catalogued debris,
of which 1,141 and 364 pieces of tracked debris remained in orbit as of January 2016.
International air space law solely governs the rights and responsibilities of states over airspace
above their territories but also intersects with space law when dealing with astronauts, spacecraft
and space objects returning to Earth.

Legal Status of Astronauts.

Astronauts are often referred to as “envoys of mankind” in space and is clearly outlined in the
Outer Space Treaty (OST) of 1967. This concept gives astronauts certain rights and protections
under international space law7.
7
The Outer Space Treaty 1967.
Overview of the Rescue Agreement.
The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects
launched into Outer Space is commonly known as the Rescue Agreement and was established to
outline the rights and obligations of states regarding the rescuing of astronauts and the return of
space objects.
It was adopted by the United Nations General Assembly on December 19, 1967 and entered into
force on December 3, 1968. The Agreement builds upon the principles set forth in the Outer
Space Treaty of 1967, essentially emphasizing the need for international cooperation in the event
of accidents or emergencies involving astronauts8.
Assistance to Astronauts and Distressed Spacecraft
When astronauts touch down in foreign territory, especially in urgent circumstances, the Rescue
Agreement stipulates that the state hosting the astronauts or spacecraft must inform the launching
authority and offer assistance. The agreement delineates protocols for the secure repatriation of
astronauts and the obligation to retrieve or safeguard space objects if they land outside their
designated area. This responsibility also encompasses the recovery of objects to mitigate
environmental or security hazards.
Return of Space Objects
States have the right to request the return of their space objects or spacecraft under the liability
Convention of 1972 if those objects fall in another state's territory. The convention holds
launching states liable for damages caused by their space objects on Earth or to other states'
space objects in orbit9.
The Registration Convention of 1976 requires states to register their space objects with the
United Nations to ensure accountability and traceability, which is essential for identifying
ownership and liability.
Responsibility for Safety and Environmental Impact
Launching states are responsible for ensuring that returning space objects do not pose any harm
to other states territories or airspace. This includes taking steps to prevent contamination or
accidental collisions as stipulated in the Liability Convention 1972.
Challenges.
1. Ambiguity or Vagueness
There is an argument that the Rescue Agreement contains unclear language regarding the
definition of who qualifies for rescue and the responsibilities of states.
2. Cost Burden:

8
The Rescue Agreement 1968.
9
The Liability Convention 1972.
The Agreement does not address the financial implications of rescue missions, leaving
uncertainties about who bears the costs of rescuing astronauts.
In conclusion, space law provides primary regulations for astronauts and space objects in distress
or returning to Earth but however it faces challenges and there is need for potential amendments
that need to address the ambiguities as identified in the Agreement hence ensuring effective and
clear protocols for future space missions.
2. LEGAL REGIME OF OUTER SPACE.
2.1 Space communication.
The concept of space communication within international air and space law revolves around
cooperation, peaceful use and equitable access to space resources. There are key treaties used
and they include; the Outer Space Treaty (OST) and Space Liability Convention that establish
space activities such as communication which must benefit all countries and hold states
accountable for national and private activities. The International Telecommunication Union
(ITU) regulates satellite frequencies and orbits to prevent interference.
a) Legal Frameworks Governing Space Communication
 The OST of 1967 establishes outer space as the "province of all mankind," requiring
activities to benefit all countries and avoid interference. It holds states accountable for
national space activities; governmental or private entities10.
 The ITU allocates satellite orbits and radio frequencies to prevent signal interference and
overlapping communications11.
 The Space Liability Convention of 1972 holds states liable for damages caused by their
space objects, including communication satellites12.

b) Spectrum and Frequency Management

Satellites rely on radio frequencies for signal transmission. To ensure fair and interference-free
utilization, the International Telecommunication Union (ITU) checks and allocates these
frequencies on a global scale. This process necessitates nations to collaborate and uphold each
other's entitlements, showcasing a dedication to non-intervention and collaboration that is
fundamental in international law13.
c) Privacy and Security Concerns
With the rise in communication satellites, privacy and security issues are increasing.
The OST requires states to avoid harmful contamination and to conduct activities with regard to
the interests of other states, creating a basis for protecting the security of communication systems
10
The Outer Space Treaty 1967.
11
Functions of (ITU) <https://www.csis.org/analysis/international-telecommunication-union-most-important-un-
agency-you-have-never-heard> 4th November 2024.
12
The Space Liability Convention of 1972.
13
International Telecommunication Union 1865.
in space. National and international laws are also evolving to address cyber threats to space
communication systems since satellite hacks has become a modern security risk.
d) Geostationary Orbit and National Claims
Geostationary orbits (GSO), which are ideal for communication satellites, represent a scarce
resource. As per the ITU guidelines, these orbits must be used fairly, rationally and efficiently to
ensure equitable access for all nations. The restriction on national claims over space territory
under the OST further reinforces this as countries must negotiate and share orbital slots rather
than claiming sovereignty over parts of GSO.14
e) The Role of Private Companies
Before, international space law focused on states but with the growth of private companies in the
space communication sector the legal landscape has become more complex. The OST holds
states responsible for national activities in space including private enterprises. This means that
countries must monitor and regulate their private sectors to ensure compliance with international
space law.
2.1.1 Future Challenges and Legal Gaps
i) Space Debris: As satellite communication networks grow, so does the problem of space debris.
International law is still developing in terms of managing debris, which poses risks to space
communication infrastructure.
ii) Mega constellations: The rapid deployment of satellite mega constellations brings concerns
around orbital congestion, frequency interference and environmental impact which are currently
insufficiently regulated under the existing international space law.
In summary, space communication is governed by a complex body of international space and
telecommunications law focused on cooperation, peaceful use, equitable access and non-
interference. However, the rapid evolution of space technology and increased private sector
involvement continue to challenge these legal frameworks, highlighting the need for continuous
adaptations in international space law.
The Outer Space Treaty of 1967
The Outer Space Treaty (OST), formally known as the “Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies,” is the cornerstone of international space law. Entering into force in 1967, it
has since been ratified by over 100 countries. The OST enshrines several key principles that
guide states’ conduct in outer space:

14
Geostationary orbits and national claims <https://digitalcommons.nyls.edu/cgi/viewcontent.cgi?
article=1137&context=journal_of_international_and_comparative_law> on 4th November 2024.
15
Peaceful Use and Non-Militarization: Article IV prohibits the placement of nuclear weapons
and other weapons of mass destruction in orbit, on celestial bodies, or in outer space. While it
does not entirely ban military activity in space, it does encourage peaceful exploration and
prohibits establishing military bases or conducting weapons testing on celestial bodies, including
the Moon.16
Non-Appropriation and Sovereignty: Article II of the OST prohibits any nation from claiming
sovereignty over any part of outer space, including the Moon and other celestial bodies. This
principle underpins the “province of all mankind” concept, which regards outer space as a
common resource accessible to all nations.17
Freedom of Exploration: The treaty grants all states the right to freely explore and use outer
space, but this right is bound by the obligation to act responsibly and avoid harmful interference
with the activities of other states. This balance aims to encourage cooperation while preventing
monopolistic practices.
Liability for Damages: Under Article VII, states are liable for any damage caused by their space
activities, including damage caused by private entities within their jurisdiction. This establishes a
clear accountability framework, holding states responsible for any harm resulting from objects
launched into space, regardless of their origin.18
Environmental Protection: While the OST does not contain specific environmental regulations,
it requires that states avoid harmful contamination of space and celestial bodies, an early
recognition of environmental responsibility in outer space activities.
The Moon Agreement of 1979
The Moon Agreement (also known as the Agreement Governing the Activities of States on the
Moon and Other Celestial Bodies), drafted in 1979, sought to expand the OST’s principles
specifically for the Moon and other celestial bodies. Unlike the OST, however, the Moon
Agreement has faced limited ratification, with only a handful of countries signing it. Key
provisions of the Moon Agreement include:
Common Heritage of Mankind: Similar to the “province of all mankind” concept in the OST,
the Moon Agreement declares that the Moon and its natural resources are the “common heritage
of mankind.” This term, however, implies a stronger sense of collective ownership and suggests
that any benefits derived from Moon resources should be shared equitably among all states.
Prohibition on Exploitation: The Moon Agreement prohibits states and private entities from
claiming ownership over lunar resources, although it leaves open the possibility of commercial
exploitation through an international regime. This regime was intended to manage resource

15
Principles of Outer Space Treaty 1967
<https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html > on 4th November
2024.
16
Outer Space Treaty, Article IV.
17
Ibid, Article II.
18
Ibid, Article VII.
extraction equitably but has never been established due to limited international support and
ratification.
Environmental Protections: The Agreement requires states to take measures to prevent
environmental degradation on the Moon and celestial bodies. This was an early recognition of
the need for sustainable exploration practices in space.

The Moon Agreement’s limited ratification highlights the challenges of achieving consensus on
resource rights in space. Major space-faring nations, including the United States, Russia, and
China, have not ratified the Agreement, leaving its practical application and influence limited.
Additional Legal Frameworks
In addition to the OST and Moon Agreement, other treaties and resolutions further contribute to
international space law, addressing specific issues arising from the evolution of space
exploration.
 The Rescue Agreement (1968)

The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects
Launched into Outer Space outlines states’ obligations to rescue astronauts in distress and return
them safely. It is a humanitarian instrument that emphasizes international cooperation. 19
 The Liability Convention (1972)

The Convention on International Liability for Damage Caused by Space Objects expands on the
OST’s liability provisions. It establishes clear rules for liability, holding launching states
absolutely liable for damages caused on Earth or to aircraft in flight, and provides for fault-based
liability for damage caused in space. This framework ensures states are accountable for the
impacts of their space activities.20

 The Registration Convention (1976)

The Convention on Registration of Objects Launched into Outer Space requires states to register
their space objects with the United Nations, creating a public record to help manage
accountability and enhance transparency in space activities.21
 UN Principles on Remote Sensing (1986) and the Nuclear Power Sources Principles
(1992):

19
The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into
Outer Space
20
The Convention on International Liability for Damage Caused by Space Objects
21
The Convention on Registration of Objects Launched into Outer Space
 These principles establish guidelines on the use of remote sensing and nuclear power sources in
space, respectively, further emphasizing responsible use and environmental protection.
Challenges and Developments in the Current Legal Framework
The rapid advancement of space technologies and the involvement of private corporations have
exposed gaps in the international space legal regime. Notably, the absence of binding
international regulations on commercial mining and private property rights in space presents
significant challenges. For instance, recent national laws, such as the United States’ Commercial
Space Launch Competitiveness Act of 2015 and Luxembourg’s Space Resources Law, allow
private companies to claim ownership of resources extracted from celestial bodies. While these
laws do not claim sovereignty, they suggest a trend towards national regulations that contradict
the spirit of the OST and Moon Agreement.
The Artemis Accords, a recent non-binding set of principles led by the United States, represent
another attempt to establish guidelines for future lunar exploration, including resource extraction.
The Accords emphasize transparency, peaceful use, and sustainability, while promoting
interoperability and cooperation. However, some critics argue that they effectively bypass the
Moon Agreement and raise concerns over potential monopolization by space-faring nations.
2.Celestial Bodies.
Celestial Bodies include planets, comets, asteroids, stars and moon. The legal context focuses on
bodies within our solar system, especially those that could be accessible for exploration or use 22.
Space Resource Utilization and Celestial Bodies
In relation to resource mining, the OST allows resource extraction on celestial bodies however,
there are debates on legality. The Moon Agreement [1979] proposes celestial body resources as
humanity's collective inheritance but lacks enforceability due to limited ratification 23.
In the countries like United States and among others, they have enacted national laws allowing
their entities to claim ownership of resources they extract from celestial bodies hence creating
legal tension on how these practices align with international law.

Jurisdiction and Liability

Under the OST, states are responsible for their citizens’ activities on celestial bodies. This
includes liability for any damage caused by government or private companies24.

22
Definition of a celestial bodies <https://www.merriam-webster.com/dictionary/celestial%20body> on 4th
November 2024.
23
The Moon treaty agreement 1979.
24
The Outer Space Treaty 1967.
The Liability Convention (1972) directly point out that states are liable for damages caused by
their space objects on celestial bodies hence emphasizing on legal accountability 25 .
Emerging Challenges and Discussions
i) Space Colonization:
 Interest in human settlement on the Moon and Mars is growing.
 Need to clarify laws around habitation rights on celestial bodies is increasing.
ii) Planetary Protection:
 Protecting celestial bodies from contamination by Earth organisms is crucial.
 Ensuring responsible scientific exploration is important.
iii) Private Sector Activities:
 More private companies are investing in space.
 Growing need to reconcile national space resource laws with international space treaties
to avoid conflicts over resource extraction and usage.

In summary, despite space law providing a framework for celestial bodies for use and
exploration, ambiguities remain, especially around resource extraction and private sector
activities. As humanity’s presence in space expands, refining these laws will be crucial to
maintain peace and order in space activities.
3. Militarization of outer space.
3.1 Peaceful use of arms and armament.

The concept of the peaceful use of outer space is rooted in the idea that space should be a domain
for scientific exploration, international cooperation, and the advancement of humanity. Peaceful
use encompasses activities that do not involve military operations or the deployment of weapons.
26
This treaty, signed by over 100 countries, emphasizes that space exploration should benefit all
countries and prohibits the placement of nuclear weapons in orbit, thereby promoting a vision of
space as a sanctuary for peaceful endeavors.

However, the reality of military activities in space presents a stark contrast to this ideal. Nations
have increasingly engaged in military operations that include satellite surveillance, missile
defense systems, and the development of anti-satellite weapons. These activities raise significant
concerns about the potential for conflict in space, as the militarization of this domain could lead
to an arms race that threatens global security. The dual-use nature of many space technologies
complicates the situation, as civilian technologies can easily be adapted for military purposes.

25
The Liability Convention 1972.
26
Outer Space Treaty of 1967
3.1.1 International Treaties Addressing Militarization

1. Outer Space Treaty (1967)

It establishes that outer space shall be used for peaceful purposes, prohibits the placement of
nuclear weapons in space, and states that celestial bodies are not subject to national
appropriation. The treaty is important in that it forms the cornerstone of international space law,
promoting the peaceful use of outer space.

2. Rescue Agreement (1968)

Mandates the assistance of astronauts in distress and their safe return, emphasizing humanitarian
principles in space exploration.

3. Registration Convention (1976)

Requires states to register space objects with the United Nations, increasing transparency and
accountability.

4. Moon Agreement (1984)

Aims to regulate the exploration and use of the Moon and other celestial bodies, asserting that
these are the common heritage of mankind.

5. Anti-Ballistic Missile (ABM) Treaty (1972)

Although focused on missile defense on Earth, it reflects concerns about arms control that extend
to space-based systems.

Further conferences or institutional frameworks addressing the issues of militarization of the

outer space include; -

6. The conference 1979 conference on disarmament.

The CD was formed in 1979 as a single multilateral disarmament negotiating forum for the
international community.
The Conference has engaged in negotiations and discussions on the agenda item ‘prevention of
an arms race in outer space (PAROS)’ for several years. Member states have presented different
draft texts and proposals aimed at preventing the placement of weapons in outer space and
ensuring the peaceful use of space.27

In 2020, the General Assembly adopted resolution 75/36 on reducing space threats through
norms, rules, and principles of responsible behaviors. By this resolution, it encouraged member
states to study existing and potential threats and security risks to space systems and share their
ideas on the further development and implementation of norms, rules, and principles of
responsible behaviors and on the reduction of risks of misunderstanding and miscalculations with
respect to outer space.28

7. UN office for outer space affairs

This is the United Nations office responsible for promoting international cooperation in the
peaceful uses of outer space. The office also serves as the Secretariat for the Committee on the
Peaceful Uses of Outer Space.

The Office for Outer Space Affairs implements the United Nations Programme on Space
Applications and maintains the Register of Objects launched into Outer Space on behalf of the
Secretary General. It provided secretariat services for the three United Nations conferences on
the exploration and peaceful uses of outer space and participates in the implementation of the
recommendations adopted in the Third United Nations Conference on the Exploration and
Peaceful Uses of Outer Space (UNISPACE III), held in Vienna in 1999.29

8. Committee on Peaceful use of the outer space (COPUS)

This committee was set up in 1959 by the General Assembly to govern the exploration and use
of space for the benefit of all humanity: for peace, security, and development.

It is tasked with reviewing international cooperation in peaceful uses of outer space, and was
instrumental in the formation of the five treaties and five principles of outer space. 30

27
‘Outer Space; Existing Legal Framework’, United Nations Office for Disarmament Affairs, New York (2023).
28
‘Report of the Secretary-General on reducing space threats through norms, rules and principles of responsible
behaviors’, United Nations, New York (2021).
29
‘Office for Outer Space Affairs,’ United Nations Office at Vienna (2023).
30
‘Committee on the Peaceful Uses of Outer Space’, United Nations Office for Outer Space Affairs, Vienna (2023).
The committee has two subsidiary bodies; the Scientific and Technical Subcommittee, and the
Legal Subcommittee, that were both established in 1961. The committee reports to the Fourth
Committee of the General Assembly, which adopts an annual resolution on international
cooperation in the peaceful uses of outer space.

3.2 Access and distribution of earth observation & spatial data.

Earth observation refers to observing the Earth’s surface by Earth-observation data such as the
Remote-Sensing Satellite and NASA Landsat. Remote-sensing instruments are employed to
provide geological and meteorological data for weather forecasting and environmental research
and by industries such as agriculture and fishing.

Earth observation data can be described as the science of deriving information about the earth's
system by analyzing data acquired by a measurement device without making physical contact
with the object.

The technological landscape for managing extensive Earth observation (EO) data ranges from
global solutions data cubes, acknowledged as the leading technology known for facilitating
extensive Earth Observation data analysis. As a result, several Earth Observation data cubes
having a geographical focus (“local EO data cubes”) have been implemented.

Object information is derived through propagated, reflected, scattered, or emitted

electromagnetic signals. The recorded data derived will be then transferred to a ground station
and delivered to data archive, data processing, and data distribution centers.

Earth observations are beneficial to the United Nations in supporting the delivery of mandates,
resolutions, and activities. The remotely sensed data can be collected by satellite sensors and air
and unmanned aerial systems.

Earth observation data have a wide range of applications, which include disaster management,
environmental impact assessment, and monitoring agriculture and food systems.

Satellites aid in providing spatial information in certain areas, including cartography of

infectious disease locations, climate effect on soils, and water scarcity.
There is also a wide range of features that can be monitored using Earth Observation data, e.g.,
water quality, land and sea surface temperature, and phenology.

The Earth Observing System Data and Information System (EOSDIS) is regarded as the primary
data system which serves the scope of NASA’s Earth Observing System. It was designed mainly
to act as a support for the Earth sciences within NASA’s Science Mission Directorate.

In the recent past, the Earth Observation Satellites have been instrumental in generating
significant amounts of geospatial data. The data provided is easily and freely accessible to the
public and researchers. The proposal and development of novel technologies were done
purposely to meet the demands of storage, processing, and dissemination of big data sets, e.g.,
array database systems and Web services. This had long been the challenge for the Traditional
Spatial Data Infrastructures.

The platforms for big Earth Observation data include the following: Google Earth Engine (GEE),
Open Data Cube (ODC), System for Earth Observation Data Access, Processing and Analysis
for Land of Monitoring (SEPAL), pips cloud, JEODPP and open EO. In Iraq, they have been
using outer space for disaster planning by using information gained from satellite data about the
potential collapse of the Mosul dam and in flood areas, Iraq had set up a website as an early
warning system to provide immediate information and aid.

3.3 Remote sensing

Remote sensing refers to the collection of data through satellites or high-altitude aircraft
equipped with sensors that capture imagery or data about Earth’s surface. This can include
thermal imaging, radar, and optical photography, widely used in fields like agriculture,
environmental monitoring, disaster management, and urban planning.31
Remote sensing can be traced back to the First World War where there was a need to develop
advanced weaponry systems and techniques. For this reason, aerial photographs were used to
locate enemy trenches and hidden positions, troop movements, and supply routes and verify the
effectiveness of artillery attacks against the enemy. 32 The satellite was developed during and
after the Cold War. Since then, drastic improvements have been made toward making the
satellites efficient and more powerful. As a result, these satellites have been employed in various
31
United States Government. USGS, -- < What is remote sensing and what is it used for? | U.S. Geological Survey >
on 2 November 2024.
32
Stichelbaut, B. The application of First World War aerial photography to archaeology: The Belgian
images. Antiquity 2006, 80, 161–172.
fields, including international peace missions, tracking acts of genocide, refugee relief
operations, and, for this study, military operations.

For military operations, remote sensing data is essential for strategic planning, deployment,
monitoring, targeting, and threat assessment.33 Through remote sensing, potential threats can be
detected and targets identified. The data obtained can also be used for analysis, especially before
navigation. Essentially, remote sensing is a tool to prevent any military groups from preparing to
conduct dangerous attacks. For example, if an army group secretly develops a dangerous nuclear
weapon, the satellites will detect the same.

The UN Principles on Remote sensing (1986)

These principles were formulated and developed by the United Nations General Assembly in
1986. The motive behind the same was that remote sensing technologies were advancing rapidly
and therefore needed to safeguard national security and individual privacy.

The UN Principles on remote sensing consist of 15 non-binding principles aimed at guiding

remote sensing by member states. The principles of sovereignty, international cooperation,
access to data and remote sensing for the benefits of all. 34 Others include the equality of states,
technical assistance, data collection and processing, information sharing, dispute resolution and
promotion of the use of remote sensing for disaster management.

The sensed state should have access to primary and processed data on a non-discriminatory
basis and on reasonable terms.35 In military operations, it is unlikely that the sensing state will
present the data to the sensed state, which then produces a prima facie breach of this principle
under which no exceptions are provided. 36

In conclusion, remote sensing in military operations has evolved to become an essential tool in
the field. Data collection and analysis is made easier through remote sensing. It is through
remote sensing that national military groups are able to combat attacks.

The outer space treaty serves as a foundation for governance of outer space activities which
include remote sensing. It establishes the outer space including the moon and other bodies to be
33
Ricky J. Lee et al., Military Use of Satellite Communications, Remote Sensing, and Global Positioning Systems in
the War on Terror, 79 J.AIR L. and COM.69 (2014).
34
Stefan A. Kaiser, Time for improvement, “The UN Remote sensing principles in the information age”.
35
Principles relating to Remote Sensing of the Earth from Space, Principle XII.
36
Ricky, Military use of remote sensing, 102.
free for exploration by all states. It also emphasizes on the principles of cooperation, non-
militarization and use of airspace for the benefit of all nations.37

37
Space treaties and principles, -- <
https://spacesecurityindex.org/wp-content/uploads/2020/11/IssueGuide_Space-Treaties.pdf > on 2 November
2024.