Review Questions - 4

Question 1

Discuss the space technological developments and their direct role in the creation of the international
and national regulatory frameworks for space activities.

Answer text Question 1

Space technological developments have advanced rapidly in recent years, leading to increased space
activities and the need for comprehensive regulatory frameworks. These frameworks are essential for
maintaining the responsible and sustainable use of space, preventing conflicts, ensuring the safety of
space operations and addressing issues such as debris and the potential militarization of space.

1. Space Technology - The first crucial development of space technology was launching the first
Sputnik in October 1957 and later between 1957 and 1958 nine other artificial satellites were
launched by the Soviet Union and the United States. This attracted a reaction from the international
community and an ad hoc committee was organized in UN in December 1958 to deal with outer space
matter. A year later it was transformed into a U.N. General Assembly Committee on the Peaceful
Uses of Outer Space (COPUOS). In April 1961, the first manned flight in space was conducted. A
few months later, a General Assembly Resolution was passed and two years later it was enlarged into
the Declaration of Legal principles governing the Activities of States in the Exploration and Use of
Outer Space. Both the documents later appeared in the Outer Space treaty.

Another significant space event happened in 1969, landing on the Moon by the first man. A year later
an argument was proposed on the principles governing activities in the use of the natural resources of
the Moon and other celestial bodies. However the political will was declining at that time and it took
more than ten years to conclude Moon Treaty.

2. Satellite Communications - The first experiments with active communication satellites were
performed in low earth orbit which was successful. Over the years the communication satellites have
significantly increased therefore the problem of harmful interference arose. To avoid this, the
regulation and coordination of this vast area was taken up by the International Communication Union
because it had dealt with radio communications before. The regulation appeared in the ITU
Convention in the Final Acts of several World Administrative Radio Conferences and in the extensive
Radio Regulations.

3. Satellite Remote Sensing - Remote sensing satellites have been successful in acquiring imagery of
countries or regions. It has been used for studying renewable and non-renewable natural resources in
agriculture, forestry, land use, mapping, geology, management of water resources, oceanography,
environment etc. Remote sensing is helpful for developing countries where ground-based surveys are
scarce or non-existent. However discussions in the United Nations were conducted on the problem of
third countries getting possibly more information on the sensed country than the sensed country itself
was capable of obtaining. Therefore a set of principles on remote sensing of the Earth from space
were adopted in 1986 which encourages cooperation between sensing and sense sates and regional
arrangements among sensed states.

4. Australian Space Act - The beginning of the 1990s saw the commercialization of space really start
to expand rapidly. The development of the global space industry and the opportunities for commercial
launch services to be provided from Australia, which were being explored by several overseas
companies. This prompted the government to reconsider Australia's future role in space. The concept
of space as the exclusive domain of government was being replaced by one that viewed space as an
opportunity for commercial exploitation due to the number of opportunities being presented by
satellite-based communication and applications. By 1998, the spend on commercial space had caught
up to Governmental space expenditure. As a consequence of the burgeoning space industry and
growing demand for a launch industry in Australia, the government introduced legislation that
regulated the conduct of space activities on Australian soil and the Space Activities Act 1998 was
introduced. Further minor amendments were made and in 2001 the Space Activities Regulation 2001
was introduced. In 2015 the government commenced a comprehensive review of Australia's space
industry capability, including the Space Activities Act, in the light of dramatic advancements in
space-related technologies and applications since the introduction of the legislative framework in
1998. A new broaden framework was introduced 2018 to promote investment and innovation in the
domestic space industry and ensuring that Australia met its international obligations for the use of
space, including the debris mitigation and mitigation of risk to itself and other nations. The Space
(Launches and Returns) Act 2018 was commenced on 31 August 2019.

Question 2

Briefly discuss the implications of the debris mitigation guidelines to the space mission development
process.

Answer text Question 2

Debris mitigation guidelines play a crucial role in shaping the space mission development process,
with significant implications for space exploration and sustainability. These guidelines are established
to address the growing issue of space debris, which consists of defunct satellites, spent rocket stages,
and fragments resulting from collisions or disintegration.

The implications are listed below:

1. Regulatory Compliance - The operators need to adhere to debris mitigation guidelines which are
often a legal requirement imposed by space agencies and international treaties. Compliance is
required for obtaining launch licenses and ensuring responsible space conduct.

2. Design Considerations - Spacecraft and satellite designers must integrate debris mitigation
measures into their system. This may involve designing spacecraft to minimize the creation of debris
launch, operation, and end of life disposal. Considerations include designing for re-entry, reducing
fragmentation risk and using propellants that limit the generation of long lived space debris.

3. End of Life Disposal - Debris mitigation guidelines emphasize the safe and controlled disposal of
satellites at the end of their operational life. This may involve de-orbiting it to burn up in the Earth's
atmosphere or manoeuvring to "graveyard" orbit.

4. Orbital Altitude Selection - The mission planers must consider the selection of orbital altitudes that
minimize the risk of collision with existing space object.

5. Space Traffic Management - Adherence to debris mitigation guidelines aids in effective space
traffic management and helps prevent accidental collisions.

6. International Collaboration - Adhering to debris mitigation guidelines fosters international

collaboration. Therefore promotes a common understanding of responsible space behaviour.

7. Risk Mitigation for future missions - By following debris mitigation guidelines, space agencies and
organizations can reduce the risk of collisions with existing debris and safeguarding their assets to
ensure longevity of future space missions.
Question 3

Discuss the role that recent technological developments played in precipitating the review and reform
of the Australian Space Activities Act.

Answer text Question 3

In 2015, the Australian government commenced a comprehensive review of Australia's space

industry, including the Space Activities Act. This was done in the advancements in space-related
technologies and applications since the introduction of the legislative framework in 1998.

Due to the technological advancements, the Space Industry Review considered the appropriate
balance between promoting investment and innovation in the domestic space industry and ensuring
that Australia meets its international obligations for the use of space, including in relation to debris
mitigation and mitigation of risk to itself and other nations.

After extensive public consultation with government, non-government and international stakeholders,
legislative proposals were released that proposed significant reforms. Furthermore the Space
Activities (Launches and Returns) Bill 2018 was introduced and the following amendments were
proposed:

1. Broadening the regulatory framework to include arrangements for launches from aircraft in flight
and launches of high power rockets

2. Introducing safeguards for high power rocket activities

3. Establishment of the Australian Space Agency and as a result ASA was formally established on 1
July 2018.

4. Introducing debris mitigation

5. License and permits to launch and return space objects and also regulations for launch facility

Many other amendments were made relating to liability, damages and insurance for space activities.

Question 4

Using an example of your choice, briefly discuss the interaction of law and technology.

Answer text Question 4

The interaction between law and space technology is the regulation of satellite launches and space
activities. As private companies and nations increasingly engage in space exploration and satellite
deployment, legal frameworks have been established to govern these activities and ensure responsible
and safe use of outer space.

An example would be the Outer Space Treaty, which came into force in 1967, is a foundational
international agreement that sets out principles for the use of outer space. It prohibits the placement of
nuclear weapons or other weapons of mass destruction in orbit and sates that outer space is free for
exploration and use by all states for peaceful purposes.
Question 5

Many future commercial activities in space will require various rights to be secured (e.g. the right to
resources). Discuss the challenges that these activities will present to the current regulatory
frameworks of outer space. How are these being currently dealt with?

Answer text Question 5

The increasing interest in commercial activities in space, such as asteroid mining, satellite servicing
and space tourism, raises significant challenges for the current regulatory frameworks governing outer
space. Here are some of the key challenges and how they are currently being addressed:

1. Resource rights

 Challenge - As commercial entities seek to exploit space resources, questions arise about
property rights and ownership of extracted materials. The Outer Space Treaty, states that no
sovereign claims can be made over celestial bodies, but does not explicitly address the issue
of resource rights.
 Current Approach - Many countries and companies are pushing for an amendment of the
Outer Space Treaty to provide more clarity on resource rights. The Artemis Accords,
initiated by NASA and signed by several countries emphasize the importance of transparent,
equitable and sustainable practices.

2. Space Tourism and Liability:

 Challenge: With the rise of space tourism, questions about liability for accidents, collisions
and other incident in space need to addressed. Existing liability regimes do not fully account
for the unique challenges posed by commercial human spaceflight.
 Current approach: Some countries such as US and Russia are updating their national laws to
include provisions related to space tourism and liability. Discussions are ongoing at the
international level to establish a framework that ensures accountability and compensation for
damages caused by space activities.

3. Rescue for Space tourists

 Challenge: As the space tourism is rapidly increasing, it is unclear whether the space tourist
will fall under envoy of mankind as stated in the Outer Space Treaty Rescue Agreement and
will therefore be rescued or not. The obligations developed in the rescue agreement would
only apply to crew but not to the paying passengers. Yet this issue needs to be clarified.

 Current approach: In early 2002 however the participating space agencies in ISS reached an
agreement as to who was allowed on ISS. It covered both professional astronauts/ cosmonauts
and spaceflight participants which included those on commercial, scientific and other
programmes, crew members of non-partner agencies, engineers, scientists, teachers,
journalists, filmmakers or tourists. The agreement does require these participants to sign a
Code of Conduct - as is the case for a crew members of the ISS.

In summary, as the commercial space activities are increasing it is crucial to review and reform the
Outer Space Treaty and its supporting framework to address the new issues relating to
commercialization in space. Current initiatives are happening by amendment of national laws, new
agreements between states such as Artemis Accord and the ISS agreement on allowed passengers.