Research Report
Legislative Improvements for Sustainable Space Activities
Ⅰ. Backgrounds and Purposes
▶ Necessity of Research
○ The recent paradigm shift in space activities has led to a consensus that it is difficult to effectively regulate various issues on space activities with only the existing five space treaties and, accordingly, the UN Committee on the Peaceful Uses of Outer Space adopted the guidelines for the long-term sustainability of outer space activities in 2019.
- The 2019 guidelines comprehensively recommend the detailed legislative, administrative and technical measures towards enhancing the sustainable space activities.
- The Guidelines are very meaningful in an environment where the adoption of a new space treaty is very difficult in practice although they are only soft laws that are not legally binding.
- The Guidelines have given impacts on states parties and major international organizations in the field of space activities and, therefore, it is important to analyze how foreign states reflects the Guidelines at the domestic levels and how the Republic of Korea should take the legislative measures towards implementing the Guidelines.
▶ Purpose of Research
○ In order to enhance the long-term sustainability of space activities, this research focused on the comprehensive and comparative legal analysis on global norms and foreign laws and on their implication to Korean legislation. Furthermore, this research tries to propose the legal improvements after reviewing the current situations and problems of Korean legislation regarding space activities.
Ⅱ. Major Content
▶ Global Norms
○ United Nations system
- These guidelines are divided into four categories: ①Policy and regulatory frameworks for space activities, Safety of space operations, International cooperation, capacity building and awareness, Research and development of science and technology
- Analyzing the main items of the 2019 guidelines has the following characteristics. ① Recently, the focus has been on the space activities of non-governmental actors, and they are also subject to the discipline of the space law system, and the state is presented to supervise them and take responsibility for their actions. ②Peaceful activities in space have been a key issue in the existing space law system, but a more specific and systematic approach is needed due to the recent surge in space activities. ③ This guideline proposes to reflect the guidelines for reducing space debris in domestic law, and the problem of space debris is an essential issue to be solved in order for space activities to be sustainable. ④ Sustainable development has been discussed in the international community as an environmental issue since 1972, but it is now time to establish sustainability concepts and norms in space, so it is included in this guideline. ⑤ Since space nuclear power regulation is important for peaceful use and long-term sustainability of the universe, it is suggested to meet the 'Safety System for Applied Space Nuclear Power' and the UN General Assembly's 'Principles for the Use of Space Nuclear Power'. ⑥ Radio frequency is also an important issue considering the long-term sustainability of the universe. Radio frequency is a limited resource, and furthermore, the issue of electromagnetic interference must be coordinated. ⑦ For the long-term sustainability of space activities, the practice of registering space objects must be improved. ⑧ To ensure the stability of space operations, countries and international organizations provide relevant contact information, space object orbit information, space debris monitoring information, collision evaluation, weather data, and laser beam prevention measures. ⑨ For the long-term sustainability of space activities, a collision assessment of all spacecraft must be performed to minimize the debris and its risks. ⑩ For the long-term sustainability of space activities, international cooperation is important because the capabilities of developing countries must also be established. ⑪ Continuous scientific and technological research and development is required for the long-term continuation of space activities, and these studies should be promoted and supported.
○ EU system
- The EU, which began discussing the long-term sustainability of space activities earlier than the UN, continues to strengthen Europe's role as a global actor and secure its autonomy by mutually coordinating space activities at national and European levels to establish European space policies and implement space programs.
- Although the equivalent competencies have been granted to the EU under the Lisbon Treaty, which took effect on 1 December 2009, individual Member States are still able to carry out their own national space activities in parallel with EU-level space activities.
- Nonetheless, national space strategies and policies must conform to European space policies, which are the product of coordinated efforts at the EU, ESA, and its Member States, which serve as a means of promoting international cooperation among European countries.
- Amid mounting international concerns about the safety and sustainability of outer space, the EU has led the adoption of the International Code of Conduct for Space Activities since 2007 as a non-binding voluntary instrument to call for responsible action in space.
- The final draft, published in 2014, did not secure widespread support in the international community by comprehensively regulating sensitive military aspects, but contributed significantly to the development of the UN's long-term sustainability guidelines by promoting international discussions on this area.
- As a result, when it comes to space safety and sustainability issues, the EU Code of Conduct is in line with the UN's long-term sustainability guidelines in the framework. However, it is necessary to continue to closely examine whether the content of the EU Code of Conduct can serve as a useful framework to supplement the UN's long-term sustainability guidelines in the future on security issues that have caused international debate.
▶ Comparative Legal Analysis
○ United States of America
- The United States has the largest and most specific domestic law and discipline system in the world in space, and many countries refer to it as a legislative model.
- The U.S. regulates many things about space in various legislative forms, including treaties, laws, rules, regulations, executive orders, and presidential legislation, and the main contents of the 2019 guidelines are scattered throughout these laws.
- The United States actively participated in the preparation of guidelines for long-term sustainability of space activities and supported most of the draft guidelines.
- In this regard, it is essential for our government to review US space laws related to the guidelines in overhauling domestic space laws in line with the 2019 guidelines.
- However, the recent U.S. space law concerns that legislation that reflects U.S. priorities may run counter to the objectives of the 2019 guidelines, given that all countries must carefully consider their own interests for long-term sustainable space activities and move forward in a way that is shared with the common interests of the international interests.
- But as space competition between countries intensifies, the U.S. is expected to change the law in a more favorable direction to its own interests.
○ United Kingdom
- In the case of British law, non-state actors such as companies, institutions, and individuals are stipulated in various ways and in particular, factors regarding the risks that may arise from individual participation in space activities are provided as, especially reflecting the increase in individual participation in space activities have been increasing.
- It also includes a number of clauses regarding safety and environmental requirements, including the assessment of risks, consideration of safety of participants and conducting environmental impact assessments.
- In addition, the Space Industry Act explicitly mentions the guidelines for reducing space debris and more details are stated in its supplementary provisions and sub-regulations.
- However, it does not deal much about international cooperation and information sharing and even if the space industry law have added more provisions on these issues, many provisions in the new Act often state that regulators may make provisions regarding specific details that it is difficult to understand what specific requirements might be applied to certain space activities.
- Details should be understood by looking at not only the Act but also the regulations and guidelines, and they are currently being developed.
○ Japan
- Japanese space legislation has contained several imperfect aspects based on the current guidelines, causing the need for improvement.
- However, as can be seen in the preparation of the latest space basic plan and its relevant developments. One needs to pay attention to each guideline in pursuit of the most recent tendency of Japanese space policy, even if it were not enacted in the process of legislation.
- The extralegal practice of the Cabinet and Space Development Strategy Headquarters is expected to confront rapid changes, which could be subject to mid- to long-term monitoring as a national implementation.
- It is necessary to actively consider the introduction of basic plan of Japan. The subordinate status of Prime Minister's Decree or any relevant Minister's Decree does not hinder the positive analysis thereof. Rather, it should be used as a vessel to actively reflect the latest developments in international law, current implementation, and even soft law within the realm of space law.
▶ Current Status of and Improvements for Korean Law on Space Activities
○ Even though he Republic of Korea began to participate in space activities relatively late, it has achieved remarkable technological and industrial development in a short time, and at the same time, it has faithfully established and operated a legal and institutional basis to support space activities.
○ However, domestic legislation does not sufficiently reflect recent legal trend in the paradigm of the space sector. The Korean law, in consideration of the 2019 Guidelines and comparative legal analysis, should seek for improvements in the following three aspects.
- First, the Korean legislation needs to cover more comprehensive and various regulations on space activities. The related law should provide more diverse rules on the authorization for private space activities. The strategic and systematic legislation should be prepared with regard to the governmental management and supervision for non-governmental actors in various areas including re-entry as well as the permission system in the launch stage.
- Second, it is necessary to improve legislation towards supporting stable development and promotion of advanced space technology by establishing standards for the design and manufacture of space objects and adopting policies to utilize space nuclear power sources.
- Third, while establishing sustainability in space activities as a principle of space law, legislation should introduced the measures to ensure sustainability in space activities such as introducing legal grounds and measures to reduce space debris and standardizing impact assessment of space objects.
Ⅲ. Expected Effects
○ This report can be used as a reference for global norms and foreign legislation related to space activities.
○ This report can be used as a reference for the analysis of domestic legislation in the space activities field.
○ This report can be used as a basic academic material for improving legislation for sustainable space activities.
○ This report can contribute to the improvement of related domestic legislation by identifying global norms for long-term sustainable space activities and analyzing the current status and problems of domestic legislation through comparative legal analysis.