• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.57-77
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• 2004

According to the dispostions of 1967 Space Treaty, the contracting states should assume legal obligation to assure an authorization and continuing supervision with regard to the national space activities. Any space activities have to abide by the rules of international law as well as specified obligations set by the Treaty. Among several treaty obligations, International responsibility to be bome by the state, and the liability principles are deemed as major outstanding obligations which the state should takeinto account. While nation's first launch site is to be operational in a few years, korean government should assure that its national space activities, such as launching of space object, operation of satellites, etc. should be under governmental authorization and supervision. A legislative effort would be most desirable undertaking for this regard. Especially a specific legislation needs tobe studied forwith such authorization regime so that international responsibilty and the liability as to thelaunching of space object should be under the regulatory scheme. This study focuses upon the necessity of such legislation and proposes some major items and framework for the legislation

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.215-236
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• 2006

This article focused on the meaning of the 1979 Moon Treaty and its future. Although the Moon Treaty is one of the major 5 space related treaties, it was accepted by only 11 member states which are non-space powers, thus having the least enfluences on the field of space law. And this article analysed the relationship between the 1979 Moon Treay and 1967 Space Treaty which was the first principle treaty, and searched the meaning of the "Common Heritage of Mankind(hereinafter CHM)" stipulated in the Moon treaty in terms of international law. This article also dealt with the present and future problems arising from the Moon Treaty. As far as the 1967 Space Treaty is concerned the main standpoint is that outer space including the moon and the other celestial bodies is res extra commercium, areas not subject to national appropriation like high seas. It proclaims the principle non-appropriation concerning the celestial bodies in outer space. But the concept of CHM stipulated in the Moon Treaty created an entirely new category of territory in international law. This concept basically conveys the idea that the management, exploitation and distribution of natural resources of the area in question are matters to be decided by the international community and are not to be left to the initiative and discretion of individual states or their nationals. Similar provision is found in the 1982 Law of the Sea Convention that operates the International Sea-bed Authority created by the concept of CHM. According to the Moon Treaty international regime will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Before the establishment of an international regime we could imagine moratorium upon the expoitation of the natural resources on the celestial bodies. But the drafting history of the Moon Treaty indicates that no moratorium on the exploitation of natural resources was intended prior to the setting up of the international regime. So each State Party could exploit the natural resources bearing in mind that those resouces are CHM. In this respect it would be better for Korea, now not a party to the Moon Treaty, to be a member state in the near future. According to the Moon Treaty the efforts of those countries which have contributed either directly or indirectly the exploitation of the moon shall be given special consideration. The Moon Treaty, which although is criticised by some space law experts represents a solid basis upon which further space exploration can continue, shows the expression of the common collective wisdom of all member States of the United Nations and responds the needs and possibilities of those that have already their technologies into outer space.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.261-284
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• 2018

The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.207-223
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• 2008

The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.469-497
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• 2015

In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.111-129
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• 2008

Denying the legitimacy of occupying any parts of the outer space satisfied the political interests of space fairing States. 'Res communis' idea was converted into the rationale which met such political needs in the best way available. This rationale, as its roman law concept implies, is based upon ownership to things. Ownership paradigm, as discussed in this paper, may be not sufficient for applying the OST. A new paradigm may be more valuable. Diversified type of the right to use would be best available one. Space commercialization should be understood in social and economical dimension, which is too diverse and important for space lawyers, especially adhering to ownership paradigm, to deal with. It is mature to admit that res communis rationale operated for 40 years is not sufficiently refined to foster the advent and benefit expected from space commercialization. Diversified type of right to use is to be taken into account seriously, as workable paradigm provided by other social science.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.273-302
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• 2015

The term "peaceful uses of outer space" in the 1967 Outer Space Treaty appears in official government statements and multilateral outer space related treaties. However, the examination of the state practice leads to the conclusion that this term is still without an authoritative definition. As far as the meaning of 'peaceful use' in international law is concerned the same phrases in the UN Charter, the 1963 Treaty of Banning Nuclear Weapons Tests in the Atmosphere in Outer Space and Under Water, the 1956 Statute of IAEA, the 1959 Antarctic Treaty, the 1982 UN Convention on the Law of the Sea, the 1968 Nuclear Non-Proliferation Treaty and the 1972 United Nations Conference of the Human Environment were analysed As far as the meaning of 'peaceful uses of outer space' is concerned the same phrases the 1967 Outer Space Treaty, the 1979 Moon Treaty and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques(ENMOD) were studied. According to Article IV of the 1967 Outer Space treaty, states shall not place in orbit around the earth any objects carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies repeats in Article III much of the Outer Space Treaty. This article prohibits the threat or use of force or any other hostile act on the moon and the use of the moon to commit such an act in relation to the earth or to space objects. This adds IN principle nothing to the provisions of the Outer Space Treaty relating to military space activities. The 1977 ENMOD refers to peaceful purposes in the preamble and in Article III. As far as the UN Resolutions are concerned, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space, the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space(NPS) were studied. And as far the Soft Laws are concerned the 2008 Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT), the 2002 Hague Code of Conduct against Ballistic Missile Prolifiration(HCoC) and 2012 Draft International Code of Conduct for Outer Space Activities(ICoC) were studied.