Abstract
The relevance and importance of law for the issue of planetary defense are, and should be seen as, instruments facilitating international cooperation for avoiding legal risks should they arise while carrying out planetary defense operations. Currently, there is a significant absence of a specific legal and regulatory framework governing planetary defense since the international community has for the most part not addressed this matter seriously in the past. There is one important exception in the form of the University of Nebraska study commissioned by the Secure World Foundation (Legal Aspects of NEO Threat Response). In short, there is little legal literature on this issue as the space law community has not yet conducted extensive research in this regard. The situation may be expected to change as the threats from cosmic hazards become more known broadly and processes within the United Nations and the Committee on the Peaceful Uses of Outer Space continue to work in this area particularly through the Working Group on the Long-Term Sustainability of Outer Space Activities (LTSSA).
This chapter briefly addresses and highlighted the need for clarifying the main legal issues relevant to planetary defense; i.e., the authority and duty to intervene, the responsibility to undertake planetary defense initiatives, as well as possible liability for damage or injury caused during such operations. It will also identify the challenges to existing international legal rules and suggest possible amendments thereto for undertaking planetary defense. Legal issues related to international response to cosmic disasters will also be briefly addressed.
International space law, as provided for in the United Nations (UN) space treaties and in a number of General Assembly resolutions, lacks specific as well as binding provisions dealing with the protection of the Earth from natural cosmic hazards. Nevertheless recent actions by the UN General Assembly have led to new efforts in these areas. This has been seen in the creation in 2010 and 2010 of UN COPUOS Working Group on the Long-Term Sustainability of Outer Space Activities (LTSSA). This has even more recently seen in the actions of the UN General Assembly to activate the International Asteroid Warning Network (IAWN) and the Space Mission Planning Advisory Group (SMPAG) (“International asteroid warning network: first meeting of the steering committee” http://www.minorplanetcenter.net/IAWN/ and “SMPAG: summary of the first meeting” http://blogs.esa.int/rocketscience/2014/02/12/smpag-summary-of-the-first-meeting/comment-page-1/).
The prime objective of this analysis is to examine what recent activities have been undertaken by the United Nations General Assembly, the UN Committee on the Peaceful Uses of Outer Space (UN COPUOS), and the UN Committee on Defense Analysis to develop legal or regulatory mechanisms concerning cosmic hazards and planetary defense.
The parallel part of this analysis is to consider where principles of public international law can aid in the future development of relevant regulatory or legal concepts to address the major issues presented by cosmic threats.
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References
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, UNGA Res 51/122, UN Doc A/RES/51/122 (13 Dec 1996)
Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001) of the International Law Commission, art. 31. http://legal.un.org/ilc/texts/instruments/english/draft%20articles/9_6_2001.pdf. May 2014
Hobe S (2009) Article I. In: Hobe S, Schmidt-Tedd B, Schrogl KU (eds) Cologne commentary on space law, vol 1. Carl Heymanns Verlag, Cologne, pp 25–44
Intergovernmental Agreement (1998) the Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station (also known as the Intergovernmental Agreement), Washington, done 29 January 1998, entered into force 27 March 2001; TIAS No. 12927; Cm. 4552; Space Law – Basic Legal Documents, D.II.4, art. 17
International cooperation in the peaceful uses of outer space, UNGA Res 68/75, UN Doc A/RES/68/75 (2013), para 8. UNCOPUOS, Report of the Scientific and Technical Subcommittee on its fiftieth session, held in Vienna from 11 to 22 February 2013, UN Doc A/AC.105/1038, particularly Annex II
“Legality of the Threat or Use of Nuclear Weapons”, Advisory Opinion (1996) International Court of Justice. Rep 226
Liability Convention – Convention on international liability for damage caused by space objects (hereafter Liability Convention), London/Moscow/Washington, done 29 March 1972, entered into force 1 September 1972; 961 UNTS 187; TIAS 7762; 24 UST 2389; UKTS 1974 No. 16; Cmnd. 5068; ATS 1975 No. 5; 10 ILM 965 (1971)
International Charter on Space and Major Disasters, Signed on 20 Oct 2000, online at: International charter on space and major disasters http://www.disasterscharter.org/web/charter/charter. Last accessed May 2014
Permanent Court of Arbitration (PCA) Optional rules for arbitration of disputes relating to outer space (effective 6 Dec 2011), http://pca-cpa.org/shownews.asp?ac=view&pag_id=1261&nws_id=323. Last accessed May 2014
Principles Relating to Remote Sensing of the Earth from Outer Space, UN Resolution 41/65, 3 December 1986, Principle X
Registration Convention – Convention on Registration of Objects Launched into Outer Space (hereafter Registration Convention), New York, done 14 January 1975, entered into force 15 September 1976; 1023 UNTS 15; TIAS 8480; 28 UST 695; UKTS 1978 No. 70; Cmnd. 6256; ATS 1986 No. 5; 14 ILM 43 (1975)
Rescue Agreement – Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space,London/Moscow/Washington, done 22 April 1968, entered into force 3 December 1968; 672 UNTS 119; TIAS 6599; 19 UST 7570; UKTS 1969 No. 56; Cmnd. 3786; ATS 1986 No. 8; 7 ILM 151 (1968)
Schrogl KU, Neumann J (2009) Article IV. In: Hobe S, Schmidt-Tedd B, Schrogl KU (eds) Cologne commentary on space law, vol 1. Carl Heymanns Verlag, Cologne, pp 75–76
The Declaration of the United Nations Conference on the Human Environment, adopted on 16 June 1972, by the United Nations Conference on the Human Environment, Principles 2, 4
The Outer Space Treaty – Treaty on principles governing the activities of States in the exploration and use of outer space, including the moon and other Celestial bodies London/Moscow/Washington, done 27 January 1967, entered into force 10 October 1967; 610 UNTS 205; TIAS 6347; 18 UST 2410; UKTS 1968 No. 10; Cmnd. 3198; ATS 1967 No. 24; 6 ILM 386 (1967)
“The Responsibility to Protect”, Report of the International Commission on Intervention and State Sovereignty (ICISS), December 2001, § 2.29. http://www.iciss.ca/pdf/Commission-Report.pdf. Last accessed May 2014
The Stockholm Declaration. The Declaration of the United Nations Conference on the Human Environment, adopted on 16 June, 1972, by the United Nations Conference on the Human Environment, Principles 2, 4
Tronchetti F (2011) Preventing the weaponization of outer space: is a Chinese-European-Russian common approach possible? Space Policy 27:81–82
United Nations Conference on Environment and Development (UNCED) (1992) Agenda 21 voluntary action plan on sustainable development. http://www.unep.org/Documents.Multilingual/Default.asp?documentid=52. Last accessed May 2014
United Nations Conference on Environment and Development (UNCED). Agenda 21 http://www.unep.org/Documents.Multilingual/Default.asp?documentid=52. Last accessed May 2014
von der Dunk F, rapporteur for the study (2010) Legal aspects of NEO threat response and related institutional issues http://www.swfound.org/media/40426/legal_aspects_neo_response_institutional_issues_final_report.pdf. Last accessed May 2014
Acknowledgment
The author of this chapter wishes to thank Dr. Joseph Pelton and Mr. Kuan-Wei (David) Chen for reviewing its earlier draft. Their comments significantly enhanced the quality of this section. Undoubtedly, the author remains exclusively responsible for the text of the section and any errors or omissions it may contain. – Fabio Tronchetti
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Tronchetti, F. (2014). International Legal Consideration of Cosmic Hazards and Planetary Defense. In: Allahdadi, F., Pelton, J. (eds) Handbook of Cosmic Hazards and Planetary Defense. Springer, Cham. https://doi.org/10.1007/978-3-319-02847-7_79-1
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DOI: https://doi.org/10.1007/978-3-319-02847-7_79-1
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