STM 2014 LONG Paper #1004 Small Satellites and State Responsibility Associated With Space Traffic Situational Awareness George Anthony Long, Esq. Managing Member, Legal Parallax, LLC P. O. Box Fountain Hills, Arizona Tel: /Fax:

Space Traffic Management Technical and regulatory provisions for promoting: 1. Safe access into outer space 2. Safe operations in outer space; 3. Safe return from outer space to Earth; and 4. Space activities free from physical or radio-frequency interference Situational Awareness 1. Where are you 2. What is around you 3. What is coming your way

Photo from Weber State University as published by Astrobiology Magazine Photo courtesy of Interorbital Systems Photo courtesy of Economist.com

Image By: JAXA/Koichi Wakata ISS deployment

KNOWLEDGE The knowledge and ability of how to make SmallSats has passed the “tipping point," and is fostering a generation of satellite builders and engineers which can even include a teenager whose parents have bought him/her a CubeSat kit and a soldering iron. ============================================= In the absence of governmental supervision HUMAN CREATIVITY is the only limitation on the use and potential application for smallsats

Space Burial Capsule (Mass Burial) Image Courtesy of davidreneke.com

State Responsibility and International Liability Outer Space Article VI imposes State responsibility for national activities in space which includes assuring compliance with all provisions of the Outer Space Treaty Outer Space Treaty Article VII imposes international liability on launching States for 3rd party damage caused by a space object. This article serves as the foundation for the Liability Convention. State responsibility is different from international liability imposed by Outer Space Treaty Article VII and the Liability Convention.

Due Diligence “Due Diligence” is not an obligation to achieve a particular result; rather it is an obligation of conduct which requires a State to engage in sufficient efforts to prevent harm or injury to another State or its nationals or the global commons. Objective criteria is employed to evaluate whether a State exercised due diligence; 1. Foreseeability 2. The importance of the interest needing protection 3. The State’s capability Due diligence is a flexible standard which varies according to a State’s ability. This means a higher standard of vigilance exists for States having resources to foresee the hazardous event.

Example of Governmental Regulation Remote Sensing Licensing Authorization In consultation with other appropriate United States Government agencies, the Secretary is authorized to license private sector parties to operate private remote sensing space systems for such period as the Secretary may specify and in accordance with the provisions of this subchapter. 51 U.S.C.A. § 60121