THE RESPONSIBILITY OF STATES FOR SPACE DEBRIS AND THE IMPLICATIONS FOR DEVELOPING COUNTRIES IN AFRICA

Transcription

1 THE RESPONSIBILITY OF STATES FOR SPACE DEBRIS AND THE IMPLICATIONS FOR DEVELOPING COUNTRIES IN AFRICA Prof Anél Ferreira-Snyman School of Law UNISA

2 Space debris

3 LEGAL CHALLENGES Clear international consensus on the definition of outer space has not yet been reached.

4 LEGAL CHALLENGES A clear legal definition of the term space debris does not exist.

5 Debris objects - mostly debris - in low Earth orbit (LEO) - view over the equator ebris_to_address_key_issues

6 Part of US Delta II rocket.

7 Tank from Russian Zenit-3 rocket.

8 Metallic ball, part of rocket.

9 LEGAL CHALLENGES The outer space treaties pay very little attention to environmental problems and the responsibility / liability of states for environmental damage.

10 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967) A VI States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by nongovernmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall, require authorization and continued supervision by the appropriate State Party to the Treaty. When activities are carried out in outer space, including the Moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization. A VII Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the Moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons by such object or its component parts on the earth, in air space or outer space, including the Moon and celestial bodies.

11 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967) A IX States Parties to the Treaty shall pursue studies of outer space, including the Moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose.

12 A 1 Convention on International Liability for Damage Caused by Space Objects (1972) For the purposes of this Convention: (a) The term "damage" means loss of life, personal injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organizations...

13 LEGAL CHALLENGES Tension exists between developed and developing states regarding the use of outer space.

14 CONCLUSION Ruin is the destination to which all men rush, each pursuing his own best interest in a society that believes in the freedom of the commons. (Garett Hardin)