C. Hall, Randolph 228 Sources of Space Law and Policy Custom Domestic and International Laws Treaties and Agreements Policy Statements and Directives —Presidential —DoD and the Armed Services —Other Government Organizations

C. Hall, Randolph 228 Space Law and Policy Sources The Archimedes Institute The Space Policy Institute The National Space Society The Institute of Air and Space Law The Space Law Home Page Office of Air and Space Commercialization

C. Hall, Randolph 228 CUSTOM Based on maritime law and customs Specific differences — Abandoned space materials are still the property (and responsibility) of the launching nation — Not like maritime derelicts and wrecks Concept: If not specifically illegal, then it is legal

C. Hall, Randolph 228 Principles of International Space Law International law applies to outer space Space is free for use by all countries Space will be used for peaceful purposes Space objects must be registered with the UN

C. Hall, Randolph 228 Limited Test Ban Treaty 1963 Prohibits nuclear tests or explosions in space, underwater, and atmosphere US, UK, and USSR original parties Many countries have signed since 1963 Notably, France and PRC still have not signed

C. Hall, Randolph 228 Outer Space Treaty 1967 aka Outer Space Treaty 1967 aka TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES Broad, general principles, non-binding Established freedom of access to space Nations can’t “claim” space or planets Establishes basic liability for damage caused by manmade space objects Space is for peaceful purposes only No space-based weapons of mass destruction Over 100 countries have signed to include all space capable nations

C. Hall, Randolph 228 Agreement on the Rescue and Return of Astronauts 1968 Elaborates principles stated in Article V of Outer Space Treaty of 1967 Astronauts are peaceful envoys of mankind and must be returned safely and promptly Recover spacecraft if possible, launching state must pay for recovery

C. Hall, Randolph 228 ABM Treaty 1972 Bilateral agreement between US and USSR. Russia has affirmed. Deploy ABM system around capital and one missile field Amended by 1974 protocol to either/or Deploy warning radars only on periphery Can’t interfere with national technical means of verification of other party ABM systems and components cannot be sea, air, space, or mobile land-based

C. Hall, Randolph 228 Liability Convention 1972 Created effective rules and procedures governing liability of space objects (Outer Space Treaty, Articles VI and VII) Defines damage from space object On earth and in air: absolute In space: fault based Claims through diplomatic channels Cosmos 954/Skylab good examples

C. Hall, Randolph 228 Registration Convention 1975 Requires central registry of space objects with UN to further strengthen liability convention of 1972 Each state shall provide, as soon as possible: Launching state, designator number, date and location of launch, basic orbital parameters and deorbit information Use satellite catalog to identify objects Check it out at:

C. Hall, Randolph 228 Moon Treaty 1979 Declares Moon and its natural resources to be common heritage of all mankind, and all countries benefit from exploration, exploitation of moon Wealth redistribution scheme Only 6 countries have signed, no space powers have signed treaty

C. Hall, Randolph 228 Strategic Arms Reduction Treaty (START I and II) START I: Effective 4 Dec 1994 Limits must be met by Dec warheads/1600 delivery systems START II: Ratified by US Congress (not Russian) Limits must be met by Jan 2003 No MIRVs or “Heavy” ICBMs total warheads

C. Hall, Randolph 228 Domestic Law U S Law and Regulations Budget and appropriations process NASA Act of 1958 Commercial Space Launch Act of 1984 Land Remote Sensing Policy Act (1992)

C. Hall, Randolph 228 NASA Act 1958 Established National Aeronautics and Space Administration Responsible for space activities not related to national defense Peaceful exploration of space Enhance national prestige of the US

C. Hall, Randolph 228 Commercial Space Launch Act (CSLA) 1984 Purpose: To promote private sector activity in space and provide single agency to regulate commercial launches Set liability limits and made military space launch infrastructure available for commercial use on a cost-reimbursable basis

C. Hall, Randolph 228 Land Remote Sensing Policy Act (1992) Repealed previous LANDSAT Act of 1984 Joint ownership of LANDSAT by DoD and NASA Only unclassified images Civilian organizations must pay cost for data retrieval only

C. Hall, Randolph 228 National Space Policy Each President since Eisenhower has published a space policy Each builds on the previous policies National security use of space and space systems always included Supplemented by additional directives

C. Hall, Randolph 228 National Space Policy Evolution First national space policy. Separate programs for civil, commercial, and national security. NASA created. 1960’s - Kennedy set first major space goal. “…man on the Moon…” 1970’s - Moon landings then space program looses focus and priority is lowered. Broad objectives. Shuttle program approved. 1980’s - Space warfighting perspective. Strategic Defense Initiative to eliminate ballistic missile threat. 1990’s - Space relatively low priority. Emphasis of joint ventures. Space station downsized.

C. Hall, Randolph 228 Clinton Administration BMDO replaced SDIO National Space Council replaced by National Science and Technology Council Consolidation of weather satellite systems to POES Declassification of information

C. Hall, Randolph 228 Clinton Administration National security space activities shall contribute to US national security by: supporting right of self-defense of US, allies and friends deterring, warning, and defending against enemy attack assuring hostile forces cannot prevent our use of space countering, if necessary, space systems and services used for hostile purposes enhancing operations of U.S. and allied forces ensuring our ability to conduct military and intelligence space- related activities satisfying military and intelligence requirements during peace and crisis as well as through all levels of conflict

C. Hall, Randolph 228 Department of Defense Space Policy Supports and amplifies U.S. national space policy Space recognized as an operational medium (like land, sea and air) Space mission areas defined: Space Support Force Enhancement Space Control Force Application

C. Hall, Randolph 228 Air Force Space Policy Tenants Spacepower will be as decisive in future combat as airpower is today The Air Force leads the integration of space throughout all joint operations Create fully integrated air and space forces that exploit the aerospace environment

C. Hall, Randolph 228 Air Force Space Policy Objectives Integrate space into all facets of joint operations Develop the world's best spacelift and infrastructure Create effective TMD, NMD, and GMD capabilities Pursue international space cooperation for a global missile warning system

C. Hall, Randolph 228 Navy Space Policy Space is an essential medium for the conduct of maritime operations. DON will integrate space into every facet of naval operations. The primary focus is to provide space-based support to the warfighter. Emphasis is placed on naval tactical requirements and operations

C. Hall, Randolph 228 Army Space Policy Recognizes that Army is dependent on space systems, capabilities and products Space products are a force multiplier Space to be embedded in Army doctrine, training scenarios, wargames, exercises, and plans. Requires developing, maintaining, and enhancing Army space expertise, to include provision for training of space-knowledgeable soldiers and civiliansdeveloping

C. Hall, Randolph 228 US Space Strategy Formulation Space law and policy acts as a foundation upon which strategy and tactics are built Policy drives strategy Strategy drives tactics Policy should be adaptable If no longer valid, change it Re-assess policy on a periodic basis Change due to technology/requirements

C. Hall, Randolph 228 Summary The legal and political parameters under which US space policies and programs are developed International and domestic space laws, treaties and policies Things to consider in developing US space strategy