UNIDIR Regional Seminar Building Confidence for Eurasia Space Activities through Norms of Behavior

1. The UN Outer Space Regime: Treaties, Principles and ResolutionsBorys Atamanenko, State Space Agency of Ukraine UNIDIR Regional Seminar Building Confidence for Eurasia Space Activities through Norms of Behavior October 2-3, 2013, Astana (Republic Kazakhstan) September, 2013

2. Content • Development of the International Space Law • UN Treaties, Principles and Resolutions on Outer Space • UN Legal Outer Space Regime • Ukraine: National Status of International Space Law • Conclusions September, 2013

3. Development of International Space Law • Following the launch of Sputnik 1 (4 October 1957) the human activities in outer space began: • Necessity to facilitate international relations in outer space • Declaration of the legal principles governing the activities of states in the exploration and use of outer space in UN Resolution 1962 (XVIII) (adopted in 1963) • Development of five general multilateral treaties within the UN • Adoption of principles concerning certain activities in outer space by the UN General Assembly • Further development of the outer space regime through UN resolutions September, 2013

4. UN Treaties on Outer Space • 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 (1967) 2. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space – Rescue Agreement (1968) 3. Convention on International Liability for Damage Caused by Space Objects – Liability Convention (1972) 4. Convention on Registration of Objects Launched into Outer Space – Registration Convention (1975) 5. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies – Moon Agreement (1979) September, 2013

5. UN Principles on Outer Space 1. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (1963) 2. Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982) 3. Principles Relating to Remote Sensing of the Earth from Outer Space (1986) 4. Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992) 5. Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries (1996) September, 2013

6. Other UN Resolutions on Outer Space 1. Resolutions 1721 A and B (XVI) of 20 December 1961 COPUOS to study & report legal issues related to use of Outer Space 2. Paragraph 4 of resolution 55/122 of 8 December 2000 Some aspects concerning the use of the geostationary orbit 3. Resolution 59/115 of 10 December 2004 Application of the concept of the “launching State” 4. Resolution 62/101 of 17 December 2007 Recommendations on enhancing the practice of States and international intergovernmental organization in registering space objects 5. Resolution 62/217 of 22 December 2007 Endorsement of the Space Debris Mitigation Guidelines of COPUOS 6. Resolution 64/86 of 10 December of 2009 Welcoming with satisfaction the endorsement of Safety Framework for NPS Applications in Outer Space by the UN Committee on Peaceful Uses of Outer Space September, 2013

7. UN Legal Outer Space Regime (1) • Freedom of exploration and use of outer space • No territory sovereignty in outer space and on celestial bodies • Space activity in accordance with international law • Peaceful use of outer space activity • Sovereign rights of states to the objects launched into outer space September, 2013

8. UN Legal Outer Space Regime (2) • International liability of states for their national space activity • Avoidance of the harmful effect of the experiments in outer space • Assistance for the astronauts in the event of accident, distress or emergency landing • Promotion of international cooperation in exploration and use of outer space September, 2013

9. Ukraine: National Status of International Space Law (1) I. Ukraine has signed and ratified: • Outer Space Treaty (entry into force for Ukraine: 31 October 1967) 2. Rescue Agreement (entry into force for Ukraine: 3 December 1968) 3. Liability Convention (entry into force for Ukraine: 16 October 1973) 4. Registration Convention (entry into force for Ukraine: 14 September 1977) II. UN Outer Space Treaties are the part of the national legislation of Ukraine Constitution of Ukraine, 28 June 1996 Article 9: “International treaties in force, ratified by the Verkhovna Rada of Ukraine, are the part of the national legislation of Ukraine.” September, 2013

10. Ukraine: National Status of International Space Law (2) III. National legal outer space regime of Ukraine is developed on bases of the UN Outer Space Treaties: • Law of Ukraine “About Space Activity” # 502/96-VR, 15 November 1996 (some provisions of UN Outer Space Treaty are incorporated into Law); • Decree of the Cabinet of Ministers of Ukraine “About the Approval of the Conception on Realization of the Government Policy in Space Activity for the Period till 2032” # 238-r, 30 March 2011; • Decree of the Cabinet of Ministers of Ukraine “About the Approval of the Conception of the National Specific Scientific and Technical Space Program for the Period 2013-2017” # 79-r, 15 February 2012. September, 2013

11. Conclusions Much progress has been made in reaching agreement in a complementary use of binding rules and non-binding guidelines that are needed to guarantee secure and sustainable access to and the use of outer space, free from threat of disruption  The development of the legal frameworks of outer space exploration and use continues September, 2013

12. Thank you Dr. Borys Atamanenkoatamanenko@nkau.gov.ua SSAU 8 Moskovska St., Kyiv Ukraine, 01010 Tel: + (38 044) 281-6280 Fax: + (38 044) 2885215 Web: http://www.nkau.gov.ua September, 2013