Is Astronomy a Space Activity?

Searching for policy options to protect astronomy in

the satellite megaconstellation era.
NAM2021, 23 July 2021

Andrew Williams
External Relations Officer
Giuliana Rotola
Research Intern
Office of the Director General, ESO

Rotola & Williams (forthcoming). Regulatory Context of Conflicting

Uses of Outer Space: Astronomy and Satellite Constellations.
Journal of Air and Space Law
Williams & Rotola | NAM 2021 | Public
 What is the astronomy community doing?

● Problem understanding
► Satellite observations
► Simulations
► Science impacts
► Technical operator measures
● Industry collaboration
► Bilateral agreements with companies
● Dialogue with national governments
and funding agencies
► National societies and working groups
● UN COPUOS
► IAU Dark and Quiet Skies project
● Political awareness raising / advocacy
● Media
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 How to prevent impacts?
● Existing instruments in which astronomy
provisions could be applied:
► Radio spectrum licensing
► National laws on astronomy sites
o Ground-based light pollution ordinances
o Radio quiet zones
► Technical standards for satellite operators
► Launch requirements
► National space laws or policies
● Regulatory gaps for which little to no law exists
► Environmental law applied to space
► Global space traffic management
► Visual appearance of night sky
► Incentives, taxes, permits, subsidies to offset harms
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 How to prevent impacts?
● Existing instruments in which astronomy
provisions could be applied:
► Radio spectrum licensing
► National laws on astronomy sites
o Ground-based light pollution ordinances
o Radio quiet zones
► Technical standards for satellite operators
► Launch requirements
► National space laws or policies
● Regulatory gaps for which little to no law exists
► Environmental law applied to space
► Global space traffic management
► Visual appearance of night sky
► Incentives, taxes, permits, subsidies to offset harms
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 What is the source of “space law”?
National policies and practices
Binding international treaties
● International Telecommunications Union (ITU)
► Radio Regulations (purely spectrum management / GSO orbital assignment)
● Outer Space Treaty (OST) + 4 supplementary treaties
► Rescue & Return of astronauts and space objects
► Liability convention
► Registration convention
► Moon Agreement
Non-binding
● Long-Term Sustainability Guidelines (UN COPUOS)
● Voluntary charters e.g. Inter-Agency Space Debris Coordination Committee
(IADC)
Intergovernmental Treaty Organisations
● Public law created by intergovernmental organisations (e.g. ESA, EUMETSAT,
ESO, SKA)

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 Outer Space Treaty
Basic principles governing Outer Space:
● For the benefit of all nations
● Freedom of exploration, use, and scientific investigation
● No nation can “own” space, the Moon or any other body.
● International law applies
● States are responsible for national space activities whether
carried out by governmental or non-governmental entities
● States must authorize and continually supervise activities
● States are liable for damage caused by their space objects
● States shall avoid harmful contamination of space and
celestial bodies.
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 Space activities?
● Important for what states consider in their national space
regulatory systems
► Not defined in the OST
● International Law Association developed the Sofia
Guidelines for National Space Laws
► Space activity includes the launch, operation, guidance and re-
entry of space objects into, in and from outer space and other
activities essential for the launch, operation, guidance and
re-entry of space objects into, in and from outer space
► Similar statements in many other national space laws (not UK)
● Functional vs. spatial debate
► Some ground-based activities = space activities
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 Article I OST

● Freedoms of exploration, use, and scientific

investigation
● "Use” refers to
► Activities taking place in space
► Activities that make use of it or operate in connection with it
● Scientific investigation and international cooperation

Criteria:
● Benefit of all humankind
● Irrespective of degree of economic or scientific
development
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 Is Astronomy a Space Activity?
● Exploration of the cosmos
● A “use” of outer space
● Observatories located in space
● Astronomy as service to space
missions
● Integral component of scientific
exploration missions
● Occurring for the benefit of
humankind (e.g. planetary
defence)
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 Implications of astronomy as a space activity

Triggers obligation in Art. IX OST

● Cooperation and due regard to the
corresponding interests of other
States Parties
● Avoidance of harmful interference
through consultation mechanism
Triggers obligation in Art. XI OST
● …Inform the Secretary-General of the United Nations as
well as the public and the international scientific
community, to the greatest extent feasible and
practicable, of the nature, conduct, locations and results
of (space) activities…
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 Authorisation and Supervision?

National space activities needs to be authorized and

continually supervised = does astronomy need to
be licensed?
● No: if it is an operation conducted internationally
by intergovernmental organizations
(ref. Art. VI sent. 3 > compliance with OST)
● Astronomy doesn’t have adverse effects on the
environment as it can’t change the objects of its
observations

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 Summary points
● Astronomy is fundamentally the exploration and
‘use’ of Outer Space
● Astronomy IS a space activity that can be
regulated by the Outer Space Treaty
● States can therefore:
► Inform the UN (i.e. COPUOS) of astronomy activities,
the location of observatories (including ground-based),
radio quiet zones
► Expect to be informed about space activities that impact
on astronomy (harmful interference)

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 “…There shall be freedom of scientific investigation in
outer space, including the moon and other celestial
bodies, and States shall facilitate and encourage
international co-operation in such investigation.”
Article I of the Outer Space Treaty

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