1. Space Law & Small Launchers
97th Annual TRB Meeting
Workshop CGW
7 January 2018
Dr. Diane Howard
Commercial Space Ops/
Spaceflight Operations Program

2. overview What kind of international obligations attach to the launch?
Does how we get to orbit make a difference legally? How about from where?
What domestic regulatory requirements are implicated by the launch?
How does the type of mission affect the legal obligations/requirements?
And other implications that flow from small launchers…

3. What kind of international obligations attach to the launch?
Treaty obligations
Outer Space Treaty
Liability Convention
Registration Convention (follows object)
Binding to State Parties
Principles Relating to Remote Sensing of the Earth from Outer Space
Not binding, seed domestic law
Relates to mission

4. Does how we get to orbit make a legal difference?
International responsibility attaches to State Parties
for governmental and non-governmental space activities
Not how you get there but that you attempted to get there and got there
Most OST Art.VI authorization frameworks deal with acitivities not the launchers themselves
More on this when we talk about domestic requirements

5. How about where launched from?
Liability attaches to Launching States
Who are they?
State who procured
State who performed
State from whose territory
State from whose facility
Air or international waters or land for place of launch is not dispositive regarding liability

6. What domestic regulatory requirements are implicated by the launch?
It depends… In the US, licensed by FAA AST operator or specific even air or balloon Liabilities to third parties handled as part of Financial Responsibility Determination and risk-sharing w USG Liability along the launch supply chain is managed via reciprocal cross-waivers

7. How does the type of mission affect the legal obligations/requirements?
Research & Development (31%)
Civil, non-profit, military
Non-governmental are subject to US payload review
Communications (27%)
Globalstar, Orbcomm, Gonets (govt), Kosmos (military)
Non-governmental are subject to FCC licensing for payload
ITU is convening rules pertinent to small sats
EO (18%)
Flock I Planet
Subject to US Remote Sensing license - NOAA
Science (17%)
Intelligence (3%)
Others (3%)
Weather forecasting (1%)
Status and Trends of Smallsats and their Launch Vehicles, J. Aerosp. Technol. Manage. Vol. 9 no. 3 (2017)

8. And other implications that flow from small launchers…
Smallsats themselves must be registered State of registry has jurisdiction and control over the space object (Registration Convention; OST Art. VIII) Congested and contested LEO Coordination interference physical COLA spectrum (WRC-19 agenda item for smallsats)

9. Diane Howard diane.howard@erau.edu +1.386.226.7348
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Diane Howard