KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Backgrounds and Purposes

▶ The need for policy research on major issues by U.N. COPUOS and Space Law

○ As the important things of outer space and resource utilization has increased rapidly in the international community, the issue has become indispensable area in modern society away from recognition as the last bastion for scientific exploration or resource acquisition, and is expected to expand further in the future

- Not only is the development of the space industry emerging as a new high value-added industry away from the existing military and security areas, but the success of technology development and market entry has a strong impact on the development of others such as automobile, electric and medical industries, which drives national economic development and strengthens the nation’s status

○ As the magnitude of Korea’s space industry continues to increase through the establishment and implementation of mid-and long-term development plans, it is inevitable to inspect international trends and promote the development of Korea’s space technology and industry

○ Conducting policy research of the latest international legal issues of space law and transnational norms, It is compulsory to invigorate the national interest, the national prestige and the foundation for participation in the establishment of international norms

 - It is necessary to identify trends such as “Features and Utilization of Earth’s Geostationary Orbit”, “Regulations on the Peaceful Exploration and Use of the outer space”, “Reducing Space debris” and “Space Traffic Management” and analyze non-binding norms related to the space law and domestic laws among countries to prepare for leading participation in the international community and desirable direction in enacting domestic laws

○ The purpose of this study is to identify the trends of major agenda that are being discussed in the UN Committee on the Peaceful Uses of Outer Space(COPUOS) Legal Subcommittee(LSC), analyze international legal issues in Space Law for laying the legal foundation due to the development of domestic space technology and industry of the Korea's benefit and to promote participation in the international dimension

 

Ⅱ. Major Content 

▶ Trends in the Discussion in UN COPUOS Legal Subcommittee

○ The latest major issues addressed by the UN COPUOS Legal Subcommittee, which plays a pivotal role in reaching international consensus, are outlined as “Non-binding Protocol on Outer Space”, “the Utilization of Earth Station Orbit”, “the Legislative Ordinance on the Peaceful Exploration and Use of the Outer Space”, “the Mitigation of Space debris”, and “the management of Space Traffic”

○ Recently, the UN COPUOS is expected to focus on the sustainability of the activities and the proper management system of the Outer Space by applying and expanding the existing Outer Space Protocol and international norms as space technology advances and the subject of space activities expands

▶ Review and Implications of unbinding Norms for the Outer Space

○ Non-binding norms, various forms of documented normative phenomena that present rules of conduct or standards of achievement in the international community, have been continuously addressed as major issues for the effectiveness of non-binding norms and international and domestic implementation by 2020 since Japan issued them in 2013

○ It can be seen that the participating countries of the United Kingdom, Japan, Germany, France, and Australia have incorporated non-binding norms related to the universe into their law, or that there are already relevant regulations before non-binding norms is enacted

○ Among the main contents of non-binding norms, which has been continuously discussed, “international cooperation”, “natural resource operation and environmental protection in outer space”, and “principles related to the use of nuclear power in outer space” are the main issues, but are currently lacking in law in Korea

○ It is necessary to lay the groundwork for domestic legislation that can complement the principles of the UN COPUOS through comparative legal review with major countries where domestic laws are enacted, and actively participate in the legislative process for international peace to ensure international cooperation

▶ Characteristics and Application of the geostationary orbit

○ the geostationary orbit and frequency, which are requirements for satellite operation, should be distributed in a balanced manner between countries, with the demand between countries continuously increasing.

○ As a satellite advanced country, Korea has to review the trait and use of the geostationary orbit long discussed by the UN Committee on the Peaceful Uses of Outer Space Legal Subcommittee

○ The geostationary orbit and frequency utilization regulated by ITU have basic principles such as pre-allocation and first-served allocation methods accessible to developing countries

- However, the basic principles of the geostationary orbit and frequency utilization should focus on a equitable approach to ensure access by developing countries as the are saturated by over-registration issues and forms of leasing and trading in developed countries

○Since Korea does not have any geostationay orbit and frequency utilization allocated or does have satellite launch technology, it is necessary to review laws and develop norms that can support Korea’s innovative technologies in line with the pace of changes in international norms such as the World Radiocommunication Conferences (WRC)

○ In particular, continuous research is required so that domestic radio laws can be reorganized and harmonized with international norms such as radio communication protocol

- Korea belongs to the Asia-Pacific region, which is highly competitive to secure a place in the geostationary orbit

- So, Detailed understanding of the status of geostationary orbit abd frequency utilization registration in Japan and China, and analysis that can enhance national interest by securing adequate adjustment procedures and new geostationary orbit and frequencies are needed

▶ The Improvement of Domestic Legislation on the Peaceful Exploration and Utilization of Space

○ More than 20 countries around the world, including the United Sates, Russia, Britain, France, China and Japan, continue to provide support for satellite launches, international space exploration, or astronaut training programs

○ However, since the adoption of five important space-related treaties after the Outer Space Treaty in 1967, there has been no multilateral treaty on the exploration and utilization of the outer space for more than 40 years

○ On the other hand, many countries including the United States, Luxembourg, China, and Japan have legal and regulatory systems necessary for space activities through the enactment and revision of their laws, such as the promotion of the private sector space activities and the simplification of licensing requirements

○ Korea has secured stable space development policies within a short period of time as a result of continuous pursuit of space projects since the space development plan in 1996. However, it is necessary to enact and revise laws to encourage commercial activities by balancing information on private industrial sectors and military strategic purposes

▶ A Study on the Problems of Space debris and the Introduction for reducing Space debris

○ Space debris has had a serious adverse impact on the space environment, including increased risk of collisions and a negative impact on the long-term sustainability of extraterrestrial activities, raising international concerns about the resolution of international legal disputes

○ The international community's dispute over space debris reduction is mainly resolved through the unbinding-norms, and each country is shown to reflect the UN COPUOS’s guidelines on space debris reduction in the enactment of domestic laws and domestic discipline mechanisms

○ However, specific international guidelines are being called for due to concerns that the regulations on reduction of space debris between advanced countries and developing countries are being restricted in ways that unfairly limit the space activities and capabilities of developing countries

○ Therefore, accurate evaluation of the capacity of space activities should be conducted in Korea, and domestic laws should be enacted or revised in a way that minimizes the negative impact on the nation's space activities and capabilities while meeting the international community's trends by accurately identifying trends in the international community and actively participating in discussions on reduction of space debris

▶ Concepts of Space Traffic Management and Discussion in the International Community

○ As human space activities increase internationally, the issue of establishing a system of space traffic management is foreseen in order to promote and ensure the process of access, activity, operation, and return to Earth and to establish the stability and sustainability of space activities

○ UN COPUOS’s International protocol of space traffic management imply the nature of the principled norms, and are abstract and exist as a future legislative task for normative discipline

○ Even in Kroea, which has its own development of projectiles and large number of satellites, the issue of space traffic management is an inevitable challenge, and in order to solve this problem, it is compulsory to consider the research on each country’s space traffic management policies and promote the Korea’s position on the international stage Focusing on major issues addressed by the UN COPUOS

 

Ⅲ. Expected Effects

○ Reviewing the latest issues in the space law discussed by the UN COPUOS Legal Subcommittee on outer space unbinding-norms, we can address key international issues related to the nation’s space law in the future and present topics beneficial to national security and private industry and domestic interests

○ It is expected that Korea will be able to present a desirable direction for developing domestic laws and policies in line with international trends by analyzing major issues and by comparing and analyzing legislation between countries