Legal issues of satellite telecommunications, the geostationary orbit, and space debris

Astropolitics

Volumn 5, Issue 2, 2007, Pages 173-208

  Jakhu, Ram ^a  

^a MCGILL UNIVERSITY   (Canada)

Author keywords

[No Author keywords available]

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EID: 35348829803     PISSN: 14777622     EISSN: 15572943     Source Type: Journal    
DOI: 10.1080/14777620701580828     Document Type: Conference Paper

References (133)

1. Constitution and Convention of the International Telecommunication Union, Decisions, Resolutions and Recommendations adopted in 1998 by the Plenipotentiary Conference (as amended in 2002 and 2006), Resolution No. 31 on "Telecommunication infrastructure and information and communication technologies, for socio-economic and cultural development."
2. According to Technical Report on Space Debris by the Scientific and Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space, "the known and assessed population of debris is growing, and the probabilities of potentially damaging collisions will consequently increase," http://www.oosa.unvienna.org/isis/pub/sdtechrep1/ sect04.html (accessed 4 February 2004).
3. Stefan Lovgren, "Space Junk Cleanup Needed, NASA Experts Warn", National Geographic News, January 19, 2006, http://news.national geographic.com/news/2006/01/0119_060119_space_junk.html (accessed19 February 2007)
4. Article 44 on "Ensuring equitable access to the radio frequencies and the geostationary satellite orbit" of the presently applicable 1998 Constitution of ITU, as amended by the 2002 and 2006 Plenipotentiary Conferences.
5. See the International Space Business Council Report on the 2005 State of the Space Industry, "Space & Satellite Market Surpasses $103B, to Reach $158B By 2010," Bethesda, MD: SPX,10 August 2005), http://www.spacedaily.-com/news/industry-05zg.html (accessed 10 August 2005).
6. " The Latest Trends in the Satellite Communications Industry," (Dublin, Ireland: SPX, May 09, 2006), hhttp://www.spacemart.com/reports/ The_Latest_Trends_In_The_Satellite_Communications_Industry.htmli (accessed 17 May 2006).
7. See also, Futron Industry Report, "The Transformation of the Satellite Services Industry," (Bethesda, MD: SPX, Jan 24, 2005) hhttp://www.spacedaily.com/news/satellite-biz-05i.htmli (accessed 8 July 2005).
8. EUROCONSULT, "The World Space Industry: Back in the Big Time," http://www.euroconsult-ec.com/news.php?ref=36 (accessed 22 February 2007).
9. Market growth for wireless TV enabled telephone is expected to reach $30 billion in the near future: See Gene Koprowski, "Wireless World 30 Billion in TV Phones," (Chicago, IL: UPI, Feb 19, 2006), http://www.spacedaily. com/reports/ Wireless_World_30_Billion_In_TV_Phones.htmli (accessed 22 February 2006).
10. See also, Gene Koprowski, "Wireless World: Satellite Phones on the Rise," (Chicago, IL: UPI, Aug 20, 2004), http://www.spacedaily.com/ news/satellite-biz-04zzzzzt.htmli (accessed 26 August 2004).
11. The world-wide market for satellite digital radio that could increase to 22 million units by 2009: "Worldwide Market for Digital Radio To Increase To 22M Units By 2009: R&M," (Dublin, Ireland: SPX, January 16, 2006), http://www.spacedaily.com/news/ Market_For_Digital_Radio_To_Increase_To_22M_Units_By_2009.html (accessed 21 January 2006).
12. "Satellite Services Demand The Future in High Def," (Bethesda, MD: SPX, Jun 16, 2006), http://www.spacemart.com/reports/ Satellite_Services_Demand_The_Future_in_High_Def.html (accessed 20 June 2006).
13. Peter I. Galace, "Asia's Satellite Industry: Winning by the Numbers," SatMagazine.com, June 2006, http://www.nsr.com/Content/satmagcover-story.pdf (accessed 5 July 2006).
14. Ibid. Direct-to-home (DTH) Broadcasting will be Asia's dominant potential as a satellite services market. According Peter Galace, "China may become the world's largest DTH market in less than a decade with some 260 million households as potential market for DTH. (And India, on the other hand) is poised to become Asia's leading cable market by 2010, the largest satellite market by 2008 and the most lucrative pay TV market by 2015." Ibid.
15. EUROCONSULT World Space Industry (note 7).
16. EUROCONSULT, Strategic Issues for the FSS Business: World Satellite Communications & Broadcasting Markets Survey, Market Forecasts to 2015 at http://www.euroconsult-ec.com/pdf_news/ synthese-ws2-financialcommunity-final-4a.pdf (accessed 22 February 2007).
17. Michael A. Taverna, "Satellite Analysts Predict Accelerating Satellite Industry Recovery," Aviation Week And Space Technology, Feb 18, 2007, http://www.aviationweek.com/aw/generic/ story_generic.jsp?channel=awst&id=news/aw021907p1.xml&headline= Satellite%20Analysts%20Predict%20Accelerating%20Satellite%20 Industry%20Recovery (accessed 20 February 2007).
18. "ACeS Extends Its Reach To China," (Singapore: SPX, 8 November 2004), http://www.spacedaily.com/news/satellite-biz-04zzzzzzzzm.html (accessed 8 November 2004).
19. "ACeS Receives Indian License," http://www.spacenewsfeed.co.uk/ 2001/4February2001.html#Satcoms (accessed 5 July 2006).
20. "ACeS Satellite Service Launch In Sri Lanka," http://www.comlinks.com/satcom/aces.htm (accessed 5 July 2006).
21. Space Security 2006, http://www.spacesecurity.org/SSI2006.pdf (accessed 5 July 2006), p 40.
22. EUROCONSULT, World Space Industry (note 7).
23. http://www.ucsusa.org/global_security/space_weapons/ satellite_database.html (accessed 22 February 2007).
24. Sethaporn Cusripituck comments on Ram Jakhu's Paper, "Reforming the Regulatory Regimes governing Telecommunications in Asia," presented at the Space Law Conference 2006: Asian Cooperation in Space Activities: A Common Approach to Legal Matters, Pathumwan Princess Hotel, Bangkok, Thailand, 1-4 August 2006.
25. http://www.telesat.ca/satellites/index.htm (accessed 20 February 2007).
26. News Release, "Industry Canada Announces Assignment Process for Canadian Satellite Orbital Positions," Ottawa, July 11, 2006, http://www.ic.gc.ca/cmb/welcomeic.nsf/261ce500dfcd725985 2564820068dc6d/85256_a5d006b9720852571a80053344a!OpenDocument (accessed 20 February 2007).
27. Galace (note 11).
28. Article 44 of the ITU Constitution (note 1) specifies that: A. Member States shall endeavor to limit the number of frequencies and the spectrum used to the minimum essential to provide in a satisfactory manner the necessary services. To that end, they shall endeavor to apply the latest technical advances as soon as possible. b. In using frequency bands for radio services, Member States shall bear in mind that radio frequencies and any associated orbits, including the geostationary-satellite orbit, are limited natural resources and that they must be used rationally, efficiently and economically, in conformity with the provisions of the Radio Regulations, so that countries or groups of countries may have equitable access to those orbits and frequencies, taking into account the special needs of the developing countries and the geographical situation of particular countries.
29. ITU Radio Regulations (ITU, Geneva, Edition 2004); Appendix 30, 30A, and 30B.
30. It is interesting to note that the 1979 ITU World Administrative Radio Conference - under its Resolution 507 - considered the a priori planning approach imperative for broadcasting satellite service in order "to make the best possible use of the geostationary-satellite orbit and of the frequency bands allocated to the broadcasting-satellite service" since a "great number of receiving installations using such directional antennae as could be set up for a broadcasting-satellite service may be an obstacle to changing the location of space stations in that service on the geostationary-satellite orbit, as of the date of their being brought into use."
31. ITU Constitution (note 1): Article 45, "All stations, whatever their purpose, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Members or of recognized operating agencies, or of other duly authorized operating agencies which carry on a radio service, and which operate in accordance with the provisions of the Radio Regulations."
32. ITU Radio Regulations (note 27): Articles 8.1 and 8.3.
33. ITU Radio Regulations (note 27): Article 9.3.
34. "The emergence of new wireless applications, introduction of advanced systems and effective convergence of radio technology are challenging the established rules and practices in spectrum management at national and international levels," "ITU Council Working Group on the World Summit on the Information Society," ITU Document WG-WSIS 7=12-E, 3 December 2004.
35. Generally see, F. Lyall, "Paralysis by Phantom: Problems of the ITU Filing Procedures" (1996) Proceedings of the Thirty-Ninth Colloquium on the Law of Outer Space, (Reston, 1997), p. 187
36. "Divergent Views Remain on How to Solve 'Paper' Satellite Problems," Satellite Week (9 September 1996);
37. "Export Licensing and Orbital Slots Top Satellite Issues for 1999," Satellite Week (8 February 1999).
38. "Satellite interference: Still a problem," Telecom Asia, Mar 7, 2006, http://www.telecomasia.net/telecomasia/article/ articleDetail.jsp?id=310993 (accessed 5 June 2006): "The ITU's frequency coordination process isn't much faster, with some requests reportedly backlogged by up to three years."
39. ITU Radio Regulations (note 27) Article11.44.
40. Ibid. Before revision by the WRC-03, the ITU Radio Regualtions (note 27) Article 11.44 specified: "The notified date of bringing into use of any assignment to a space station of a satellite network shall be no later than five years following the date of receipt by the Bureau of the relevant information under No. 9.1. The notified date of bringing into use may be extended at the request of the notifying administration by not more than two years, only under the conditions specified under Nos. 11.44B to 11.44I. Any frequency assignment not brought into use within the required period shall be cancelled by the Bureau after having informed the administration at least three months before the expiry of this period". See also, Article 5.3.1 of Appendix 30, (as modified by the WRC-03).
41. ITU Radio Regulations (note 27): Article 9, footnote 4, make Resolution 49 (Rev.WRC-2003) applicable to satellite networks and satellite systems that are subject to this Article. ITU, Administrative Due Diligence Applicable to Some Satellite Communication Services, ITU Res. 49, Annex 2, World Radiocommunications Conference. Res. 49, Annex 2, calls for the inclusion of the following information: A) Identity of the satellite network: (a) Identity of the satellite network; (b) Name of the Administration; (c) Country symbol; (d) Reference to the advance publication information ... (e) Reference to the request for coordination; (f) Frequency band(s); (g) Name of the operator; (h) Name of the satellite; (i) Orbital Characteristics. b) Spacecraft Manufacturer: (a) Name of the spacecraft manufacturer; (b) Date of execution of the contract; (c) Contractual delivery window [planned period, beginning and end dates]; (d) Number of satellites procured. c) (C)Launch Services provider: (a) Name of the launch vehicle provider; (b) Date of execution of the contract; (c) Anticipated launch or in-orbit delivery window; (d) Name of the launch facility; (e) Name and location of the launch facility. d) In 1998, the RB published a letter for all member States with a form to be filled in order to comply with the administrative due diligence provisions. Furthermore, it gave instructions to the States to include the relevant data. ITU, Radiocommunication Bureau, Forms for use when submitting the administrative due diligence information to the Radiocommunication Bureau, ITU Circular Letter CR=96, Forms RS49 (1998). This document specifies more the required information indicated above. For example, relating to the information of the satellite network, it requires some technical information, such as the nominal orbital longitude, the inclination angle, the apogee, perigee, the number of satellites, and the number of orbital planes. As well, relating the launch services provider, it specifies the name of the locality by which the launch facility is known or in which it is located, the country, and the geographical coordinates.
42. ITU Radio Regulations (as modified by the WRC-03): Article 9.1.
43. ITU, Implementation of processing charges for satellite network filings and administrative procedures, ITU Res. 88. ITU, Instruments amending the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), Final Acts of the Plenipotentiary Conference (Minneapolis, 1998), ITU, October 12 November 6, 1999.
44. The ITU Council under its Decision 513 on "Cost Recovery for Satellite Network Filings" (approved at the fourteenth plenary meeting), document c03=88-e, (5-16 May 2003) decided: (a) that for filings having number of units that exceed 10 times the number of units covered by the flat fee, the following charge per excess unit should apply: 50% of the charge per excess unit for units above 10 times and below and equal to 20 times the number of units included in the flat fee; and 30% of the charge per excess unit for units above 20 times the number of units included in the flat fee. (b) that this additional methodology should be applied only to filings received before the entry in force of the Decision 482 modified by Council at its 2002 session, i.e., the date of entry in force of the "unit" charging methodology 3rd May 2002, and published after this date.
45. See "Draft Report from the ad-hoc Group on Cost Recovery for Satellite Network Filings," ITU Document 1-E, 26 April 2004.
46. See, Drafting Group on Charging Methodologies, "Report on Charging Methodology Options, ad hoc Group on Cost recovery for Satellite Network Filings," ITU Document, 15-E, 6 May 2004.
47. See, Note by the Secretary-General entitled "Statement of Amounts Owed in Connection with Invoices for the Processing of Satellite Network Filings," ITU Document, C06=EP=1-E (28 March 2006).
48. Report by the Secretary-General On "Implementation of cost recovery for satellite network filings" to ITU Council 2007, Geneva, 4-14 September 2007, ITU Document C07=18-E (4 May 2007), paragraph 3.
49. According to the Report of the Chairman of the Satellite Backlog Action Group (SAT-BAG) on WRC-03 Actions to the ITU Council, "there has been an increase in the number of notices for satellite network filed during the period of the Conference (WRC-03). Whether this increase in the number of notices received represents the beginning of a general upturn in the number of networks received is probably too early to determine, but initial indications suggest the recent trends, of reducing numbers of filings received, may continue. The improvement in the rate of processing by the Radiocommunication Bureau is continuing and should result in the elimination of the backlog by early 2004. However, this situation may not be relied upon to continue and further work is necessary to address the complexities that remain in the regulatory provisions. The Council may wish to consider steps to ensure that the work necessary to implement the relevant Resolutions from WRC-03 is undertaken in order to achieve the identified improvements." ITU Document, C04=2-E (26 February 2004).
50. WRC-03 Resolution [Com4=9] (WRC-03) on "Backlog in Satellite Filings; now ITU Radio Regulations (note 27) Resolution 89.
51. WRC-03 Resolution 951 on "Options to improve the international spectrum regulatory framework."
52. Director, Radiocommunication Bureau, Report of the Director on the activities of the radiocommunication sector On Resolution 951 (WRC-03), "Options to improve the international spectrum regulatory framework," WRC-07 Document 24-E (9 July 2007).
53. For details, see M.Y.S. Prasad, "Space-Based Telecommunications including Tele-Education & Telemedicine Implications to the Area of Space Law," in Proceedings of the Space Law Conference 2005: Bringing Space Benefits to the Asian Region, Bangalore, India, 26-29 June 2005: P. 4.3 et seq.
54. Articles 4.2 and 4.3 of Radio Regulations oblige all ITU Member States to assign radio frequencies to their satellites (space stations) "in accordance with the Table of Frequency Allocations and other provisions of these Regulations." Moreover, Article 4.4 of the Regulations emphasizes that "Member States shall not assign to a station any frequency in derogation of either the Table of Frequency Allocations ... or the other provisions of these Regulations."
55. For details, see Ram Jakhu, "Comments on Mr. M.Y.S. Prasad's Paper on Space-Based Telecommunications including Tele-Education & Telemedicine Implications to the Area of Space Law," in Proceedings of the Space law conference 2005: Bringing Space Benefits to the Asian Region, Bangalore, India, 2629 June 2005: P. 4 33 et seq.
56. i ITU Radio Regulations: Article 9.5B.
57. ITU Radio Regulations: Article 9.64.
58. John C. Tanner, "SPACE JAM: Fighting satellite interference from the ground up," Telecom Asia, Nov 1, 2003, http://www.telecomasia.net/telecomasia/article/ articleDetail.jsp?id=73752 (accessed 20 May 06).
59. Satellite Interference (note 34).
60. "Interference Matrix Database," Satellite Users Interference Reduction Group.http://www.suirg.org/interference/ report_display.php (accessed 20 May 2006).
61. Satellite Interference (note 34).
62. Satellite Interference (note 34).
63. "Star suspects sabotage in satellite signal disruption", Indiantelevision.com Team, 27 June 2005, http://www.indiantelevision.com/ headlines/y2k5/june/june305.htm (accessed 5 June 2006).
64. "Chinese broadcasting satellite temporarily attacked by outside signals," March 16, 2005, http://www.cdi.org/program/issue/ document.cfm?DocumentID=2937&IssueID=140&StartRow= 11&ListRows=10&appendURL=&Orderby=DateLastUpdated& ProgramID=68&issueID=140#6 (accessed 5 June 2006).
65. In this regard, it may be noted that the US STRATCOM is now treating all satellite interferences-disturbances as if they were an attack on US satellites, instead of making the conventional assumption that these abnormalities are due to the space environment or system failure. See, 19 "STRATCOM Treating all Satellite Disturbances as Attacks for Practice" 12(22) Inside Missile Defense (25 October 2006).
66. Prasad, Space-Based Telecommunications (note 49).
67. Article 14, the Constitution of the International Telecommunication Union, (note 1) as amended by the ITU PlenipotentiaryConference (Marrakesh, 2002).
68. UC Berkeley Model United Nations, "The United Nations General Assembly, Disarmament and International Security," 2006, http://www.ucbmunc.org/Conference/disec.pdf (accessed 5 June 2006).
69. "PAKSAT-1 Reaches Its Orbital Position," http://www.pakistanidefence.-com/news/MonthlyNewsArchive/2003/ Jan2003.htm (accessed 6 March 2006). For details, also see, "The troubled history of Paksat 1.
70. (It's also been called Palapa C1, Hughes HGS 3, & Anatolia 1!)," http://www.selkirkshire.demon.co.uk/analoguesat/ anatoliahistory.html (accessed 5 June 2006); "Access Partnership Assists in Implementation of First Satellite Network for Pakistan," April 2003, http://www.accesspartnership.com/ connectingpakistan-satellite.html (accessed 6 March 2006)
71. "Paksat-1 to become operational from February 1," The Nation, January 16, 2003, http://www.apnic.net/mailing-lists/s-asia-it/archive/ 2003/01/msg00031.html (accessed 4 June 2006); Salman Siddiqui, "Is Paksat-1 a vital asset or vitally useless?,∞quot; February 3, 2004, http://www.chowk.com/show_article.cgi?aid=00003082&channel= civic%20center (accessed 7 March 2006).
72. See Communications Satellite System (Paksat-1R) Request for Proposals (RFP) for Consultancy, 18 June 2008, http://www.suparco.gov.pk/ RFPforPaksat-1RConsultancy.pdf (accessed 1 July 2006).
73. "Vietnam Satellite Project Attracts Corporate Giants," Hanoi, Vietnam (AFP), Feb 16, 2006, http://www.spacemart.com/reports/ Vietnam_Satellite_Project_Attracts_Corporate_Giants.html (accessed 1 July 2006).
74. "The Vietnamese are working night and day. They have to, because the project is restricted by the rights to their orbital position - if they don't launch the satellite in February 2006, they lose their rights:" "Clock ticking as Vietnam counts down to first satellite launch", HANOI (AFP) Sep 17, 2003, http://www.spacedaily.com/2003/030917022507.3pqdygjs.html (accessed 14 March 2004).
75. See also, "Vietnam Satellite Project Delayed Over Frequency Problems", Hanoi, Vietnam (AFP), Oct 29, 2004, http://www.spacedaily.com/news/satellite-biz-04zzzzzzzzg.html (accessed 2 November 2004; "CDI Space Security Update #21: Frequency dispute could cancel Vietnamese satellite program," Center for Defense Information, 1 December 2004, http://www.cdi.org/ friendlyversion/printversion.cfm?documentID=2706 (accessed 4 June 2006).
76. Space Security 2006, http://www.spacesecurity.org/SSI2006.pdf (accessed: 5 July 2006), p. 40.
77. Press Release, "Arianespace to launch first Vietnamese telecommunications satellite," June 20, 2006, http://www.spaceref.com/news/viewpr.html? pid=20129 (accessed 1 July 2006). Also see, "Vietnam To Invite Formal Bids For Satellite Project," February 2, 2006, http://www.spacedaily.com/reports/ Vietnam_To_Invite_Formal_Bids_For_Satellite_project.html (accessed 3 February 06).
78. http://www.suirg.org/interference/report_display.php (accessed 22 February 2007).
79. http://www.itu.int/newsroom/press_releases/2002/05.html (accessed 24 December 2006).
80. Satellite Interference (note 34).
81. http://www.suirg.org/interference/report_display.php (accessed 22 February 2007).
82. Ibid.
83. http://www.bbc.co.uk/science/space/solarsystem/earth/spacejunk.shtml (accessed 18 February 2007)
84. Stefan Lovgren, "Space Junk Cleanup Needed, NASA Experts Warn," National Geographic News, January 19, 2006, http://news.nationalgeographic.com/news/2006/01/ 0119_060119_space_junk.html (accessed 19 February 2007).
85. Brad Thomas, "STS 121," "Space Center Roundup, Lyndon B. Johnson Space Center," (April 2006), http://www.jsc.nasa.gov/roundup/online/2006/0406_p8_11.pdf, p. 8. (accessed 27 February 2007)
86. P. Krisko, "Risk to LEO Spacecraft Due to Small Particle Impacts," in NASA, Orbital Debris Quarterly News, 11.1, (January 2007), p. 5.
87. "Space Control: Reentry Assessment and Space Surveillance," U.S. Strategic Command Public Affairs, Offutt Air Force Base, Fact Sheet, March 2004;
88. D. Mehrholz, L. Leushacke, W. Flury, R. Jehn. H. Klinkrad, and M. Landgraf, "Detecting, Tracking and Imaging Space Debris," ESA Bulletin 109 (February 2002), p. 128.
89. NASA, Orbital Debris Quarterly (note 79), p. 8.
90. Stefan Lovgren, "Space Junk Cleanup Needed, NASA Experts Warn," National Geographic News, January 19, 2006, http://news.nationalgeographic.com/news/2006/01/ 0119_060119_space_junk.html (accessed 19 February 2007)
91. NASA, Orbital Debris Quarterly (note 79), p. 2.
92. China confirms satellite downed," http://news.bbc.co.uk/2/hi/ asia-pacific/6289519.stm
93. "China missile worries India," http://timesofindia.indiatimes.-com/articleshow/1385433 cms
94. "China test sparks space arms fears," http://news.bbc.co.uk/2/hi/asia-pacific/6278867.stm (accessed 27 February 2007).
95. Frank Morring, Jr., "China Asat Test Called Worst Single Debris Event Ever," Aviation Week and Space Technology, Feb 11, 2007, http://www.aviationweek.com/aw/generic/ story_generic.jsp?channel=awst&id=news/aw021207p2.xml (accessed 27 February 2007).
96. Ibid.
97. David McGlade, (CEO Intelsat), "Preserving the Orbital Environment," Space News, February 19, 2007, p. 27. accessed:28 April 2003);
98. Space Debris Note to the UN by Saudi Arabia, UN Doc. A/AC.105/762 of 3 April 2001;
99. "Insurers fear space junk" Italian insurer Generali warns of debris at Venice space insurance conference, 17 April 1997, http://www.satobs.org/seesat/Apr-1997/0164.html (accessed 05 May 2004)
100. "Earth's Growing Orbital Ring Of Machines and Debris," Moscow, 14 May 2001, http://www.spacedaily.com/news/debris-01b.html (accessed 11 September 2004)
101. Anz-Meador, P., "Constellations Spawn Debris Rings Around Earth," for Orbital Debris News: JSC Houston, October 2000, http://www.spacedaily.com/news/debris-00d.html (11 September 2004).
102. Space Security 2004 (2005), http://www.spacesecurity.org/SSI2004.pdf (date accessed 5 March 2007) p. 5.
103. See Settlement of Claim between Canada and the Union of Soviet Socialist Republics for Damage Caused by Cosmos 954, Canadian Department of External Affairs Communique No. 27, Released on 2 April 1981.
104. D. Whitlock, "Modeling the Effects of High Solar Activity on the Orbital Debris Environment." Orbital Debris Quarterly News, 10: 2 (2006), p. 4.
105. For more information about the UN's main regulatory activities, law-making processes and the texts of all space treaties and resolutions, visit: http://www.unoosa.org/oosa/index.html (accessed 27 February 2007)
106. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (hereinafter referred to as the Outer Space Treaty);
107. opened for signature on 27 January 1967, entered into force on 10 October 1967
108. 98 ratifications and 27 signatures, 18 UST 2410, TIAS 6347, 610 UNTS 205.
109. The Convention on International Liability for Damage Caused by Space Objects (hereinafter referred to as the "Liability Convention," adopted by the General Assembly in its resolution 2777 (XXVI)), opened for signature on 29 March 1972, entered into force on 1 September 1972
110. 82 ratifications, 25 signatures, and 2 acceptances of rights and obligations, 24 UST 2389, TIAS 7762, 961 UNTS 187.
111. Outer Space Treaty (note 95):ARticles VI and VII.
112. Liability Convention, (note 96): Article II.
113. Ibid, Article III.
114. Ibid, Article I(d).
115. Outer Space Treaty, (note 95): Article VIII.
116. The Space Millennium: Vienna Declaration on Space and Human Development;
117. Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space, 19-23 July 1999, New York. UN Doc. A/CONF. 184/L.16/ Add.2
118. "Space debris mitigation guidelines of the Scientific and Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space", Annex IV to Committee on the Peaceful Uses of Outer Space
119. "Report of the Scientific and Technical Subcommittee on its forty-fourth session, held in Vienna from 12 to 23 February 2007," United Nations General Assembly, Document no. A/AC.105/890 of 6 March 2007.
120. Ibid, guideline 3 states that "These guidelines are applicable to mission planning and operation of newly designed spacecraft and orbital stages and, if 88.
121. Wang Ting and David Wright, "Debris from China's Kinetic Energy ASAT Test," Space Weapons and Technical Issues, February 2, 2007, http://www.ucsusa.org/global_security/space_weapons/ debris-from-chinas-asat-test.html (accessed 22 February 2007).
122. U.S. National Research Council, Orbital Debris: A Technical Assessment (Washington, DC: National Academy Press, 1995), http://books.nap.edu/books/0309051258/html/index.html, (accessed 22 February 2007) p. 30.
123. For details on space debris, see Orbiting Debris: A Space Environmental Problem, October 1990, OTA-BP-ISC-72
124. Flury, W., Space Debris, Mission Analysis Section, ESOC, ESA, http://esapub.esrin.esa.it/pff/pffv4n4/ppfflunr4.htm (accessed 12-Nov-99)
125. "Keeping Space Free Of Debris", Paris - Nov 27, 2003, http://www.spacedaily.com/news/debris-03a.html (accessed 11 September 2004)
126. "Alarm system to help China's first manned space shuttle avoid collisions," Beijing (AFP) 11 August 2003, http://www.spacedaily.com/2003/030811045619.px27s7gd.html (12 March 2004)
127. "Argentine authorities seeking US help in identifying piece of space junk," Buenos Aires (AFP) 21 January 2004, http://www.spacedaily.com/2004/040121225802.g8r47dqk.html (accessed 23 January 2004)
128. "Colombia gaze nervously skyward, fearing shower from Italian satellite," Bogota (AFP) 26 April 2003, http://www.spacedaily.com/2003/030426162406.ntkbos42.html (date possible, to existing ones. They are not legally binding under international law."
129. "European Space Debris Safety and Mitigation Standard," Issue 1, Revision 0, 27 September 2000
130. F. Alby, et al., "A European Standard for Space Debris," 1999, http://www.estec.esa.nl/wmwww/wma/Collaborations/NoCDebris/ Publications/Alby%20et%20al-ANAE-2002.pdf (accessed 27 February 2007)
131. "U.S. National Space Policy," White House National Science and Technology Council, Fact Sheet, 31 August 2006.
132. ITU Council Working Group on the World Summit on the Information Society, ITU Document, WG-WSIS 7=12-E, 3 December 2004.
133. The dangers posited by space debris are in many ways similar to those by explosions of nuclear weapons or other devices. Therefore, the 1963 Partial Test Ban Treatycan serve as a relevant precedent that could serve as a basis for an international treaty for the prohibition of intentional creation of space debris. The 1963 Treaty prohibits testing of nuclear weapons in outer space. Currently, there are 117 States Parties to this treaty, which has been consistently followed by all Parties to the Treaty. See Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, completed on August 5, 1963; Entered into force on October 10, 1963, http://www.state.gov/t/ac/ trt/4797.htm#signatory (accessed 22 February 2007).