1. Session 4 Common Issues in Air and Space Law: Envisaging Future Aerospace Applications –The Examples of Registration and Liability - Report of the Rapporteurs – by Stephan Mick & Jürgen Cloppenburg, LL.M (McGill) Institute of Air and Space Law, University of Cologne

2. 2 Overview of the Presentation 1.2001 Plus Workshop Berlin 2.Scientific Background 3.International Registration 4.National Registration 5.Specific Issues „Procurement“ Transfer in Orbit Inter Party Agreements Registration of Launcher & Payload 6.Future Issues Space Traffic Management Space Tourism

3. 3 Workshop on “Current Issues in the Registration of Space Objects” took place on 20/21 January 2005 at Berlin, Germany presentation on –background to registration –questions of interpretation of RegConv and –questions of application of RegConv up-to-date reflection on all implications of the question of registration set of recommendations to tackle Identified problems and shortcomings

4. 4 Scientific Background 1975 Registration Convention has set up mandatory and uniform registration system for space objects established international standards compulsory national & international registration practice of States and Int. Org. indicates: current legal framework is not efficient and effecitive enough to cope with challenges of current and future space activities better implementation of RegConv and harmonisation needed 2004: UNCOPUOS work plan on „Practise of States and International Organisations in Registering Space Objects“

5. 5 International Registration Issues: UN Register = main source of information provided by governments and International Organisations on all types of space objects (as of January 2005 data on over 6.000 space objects) 30 % of space objects not registered (especially when launched under auspices of Int. Org. or private multi-national corporations)  incomplete registering, long delays adversely affect utility of register Recommendations: all States involved in launch or operation of space objects should become party to RegConv harmonisation of information provided (e.g. use COSPAR international designator, use standard units, specific function, etc.) online index provided by the OOSA is a useful reference tool links might be established through the OOSA website to national and other international registers, e.g. ITU

6. National Registration Issues: State parties must establish/ maintain “appropriate” national registry & register object therein national registration as point of origin to gather information State determines contents of registry and conditions of maintenance  disparity in format and content of national registries Recommendations: assimilation of formats used by States/ clarification & coordination Art. IV RegConv as „minimum-standard“ also for national registry designation of national focal points to facilitate exchange of information with OOSA establishment of national registers on websites and links between the UN register and national registries

7. 7 Specific Issues (I) I. Understanding of Procurement interpretation of „procurement“, Art. I lit. a RegConv to be considered examples of NL, UK show special ways of interpreting the RegConv  proper understanding of that term is essential for the implementation of the RegConv (in particular with regard to space objects launched by private entities & concept of transfer in orbit, etc.) II.Transfer in Orbit common practice but no specific regulation issue of jurisdiction and control, responsibility, liability, etc. registration by non-launching state?  possible solution: transaction conditional upon inter-party agreement

8. 8 Specific Issues (II) III. Role of Inter-Party Agreements (IPA) IPA necessary in case of two or more launching states to determine state of registry, Art. II 2 RegConv can serve as solid legal basis for cooperation (e.g. ISS)  guidelines necessary to guaranty unified approach (e.g. framework agreement?) IV. Registration of Launcher and Payload separate registration of launcher and payload? different needs of information? term space object needs clarification (e.g. functional/non-functional objects) concept of launching State in particular of the term procurement has to be considered in this context  agreement between states involved before launch (IPA)

9. 9 Future issues (I) I.Space Traffic Management currently no regulatory framework traffic management needed in future with broadening space activities Objectives: to guarantee safe access to and from outer space and to guarantee safe operations in outer space UN Register as main source of information  Improvement needed: Pre-launch notification (eg. building on the Hague Code of Conduct against Ballistic Missile Proliferation) Time frame: Maximum delay specific function etc.

10. 10 Future issues (II) II. Space Tourism possible use of aerospace vehicles raises questions of registration & liability Issues both of air & space law of interest Registration of reusable objects esp. suborbital vehicles & “air launch”: Aerospace Objects as “Space objects” or “aircraft”? single registration (Chicago Conv)? Mission by Mission (RegConv)? Liability: Applicable regime? Liability Convention: clear definition “space object” Delimitation of airspace & outer space: Australian example? Private space transport: State liability or liability of private operator? Passenger liability Air law conventions (Montreal Conv/ Warsaw System) as example?  Idea: development of a comprehensive regulatory regime?

11. 11 Thank you!