International space law applicable to exploring and exploiting NEOs

MAUREEN WILLIAMS

Nebraska

Conferencia; Near-Earth Objects: Risks, Responses and Opportunities – Legal Aspects; 2009

Nebraska University - Lincoln, EE UU

Abstract            Under the heading Environmental Aspects of Space Activities in light of International Law and National Space Policies[1] he National Council for Scientific Research of Argentina (Conicet) and the University of Buenos Aires have recently begun research on the legal implications of  NEOs and risks of collisions with planet Earth. With the auspices of the national space agency of Argentina (CONAE) and following a recent conference wich focused on the value of satellite data as evidence in international and national litigation[2] a meeting is now envisaged for the second part of 2009 to assess the state-of.the-art in the field of   NEOs. The threat implied by the presence of natural objects in low orbit and ensuing issues of responsibility and liability will be of special importance in this context. The specific objective of these projects is to suggest initial recommendations leading to realistic solutions for one of the most challenging problems of our time concernig space security. NEOs, together with space debris and weaponisation, are no doubt at the top of this list[3]. What follows is some preliminary thoughts and suggestions on NEOs prepared by  the ILA Space Law Committee Chair to be circulated shortly, as said before,  to Committee members for discussion. Reactions and results will be appended, as a subchapter, to the next Report of the Space Law Committee (74th ILA Conference, The Hague, June 2010). Any further perpcetions and recommendations arising from the Lincoln meeting on this subject will be most welcome and, likewise, added thereto. [1] This Project (2009-2011), entitled Aspectos ambientales de la actividad espacial. Derecho Internacional, Políticas Espaciales y Protección del Ambiental. is currently being conducted by this author in the framework of CONICET (Argentine Science Council) and the University of Buenos Aires. One of the chapters of this Project is dedicated to the legal implications of near-Earth natural objects (NEOs). [2] On 14 May 2008 a conference was held on this specific topic in Buenos Aires, at the Ministry for Foreign Affairs of Argentina, organised jointly by  the national spacw agency (CONAE) and the European Space Agency (ESA), with the auspices of Conicet, the National Institute of Air and Space Law of Argentina (INDAE), the Buenos Aires Bar (Colegio de Abogados) and the Argentine Academy of Air and Space Sciences  to discus the various aspects of what is seen as a practical issue arising from the use of satellite data as evidence in court.  The proceedings of this meeting, and a follow up thereto in December 2008, are being published by the Journal of the Colegio de Abogados de la Ciudad de Buenos Aires and will be out shortly. [3] See "Security in Space: the Next Generation, Conference Report (31 March-1 April 2008), UNIDIR/2008/14, United Nastions, New York and Geneva 2008.