1.5. Clima, Flora y Fauna
2.3.3. Geología Estructural
The science and technology relating to activities in outer space formed the basis for the evolution of international space law. New developments in this field have inevitably led to changes in the public international law, including the establishment of new international organizations to deal with these new issues. This is particularly due to immense amount of international cooperation in the field of activities in outer space.44 Three aspects of such international
cooperation are pertinent to any discussion of a proposed dispute settlement mechanism for space-related disputes. The first is that it is very likely that the establishment of a dispute settlement mechanism will become increasingly urgent as more actors become involved in space activities. This is because the probability of a dispute arising increases with greater numbers of actors involved in any field of activity. Secondly, any proposed dispute settlement mechanism must not only be accessible to as many actors as possible. It must also present a viable and highly regarded choice for actors to turn to in the event of a dispute arising. Thirdly, a transnational mechanism is required for the settlement of any disputes that may arise. This is necessary as it can reasonably be envisaged that disputes relating to space activities will transcend State borders and involve actors on different levels.
The function of the United Nations is particularly important in this re- gard. It comprised the most comprehensive framework for the establishment of legal norms for the entire community of States and other international orga- nizations. The UN General Assembly was at first seized of the novel matters relating to outer space. However, the issues raised were too specialized for a gathering inherently too large and political to deal with such new problems and technology. This led to the establishment of the UN Committee on the Peaceful Uses of Outer Space (UN COPUOS). The objective of UN COPUOS was to prepare the groundwork for future basic multilateral conventions and to operate as a forum for negotiations and discussions relating to this new field
accessed: 06 January 2006
43Risen, J., “CIA Instructs Spy Agencies to Use More Commercial Satellite Photos”, New
York Times, (June 26, 2002), at A8
of international law. Other specialized international organizations involved in the exploration and use of outer space were also involved. The ITU and UN- ESCO initiated the involvement of intergovernmental organizations, followed by the participation of the FAO, ICAO, WHO, IAEA and WMO. These played a crucial role in the establishment of legal rules for the new applications of space activities. Some international and intergovernmental organizations were instituted specifically to undertake activities in outer space. These included,
inter alia, INTERCOSMOS, INTELSAT, and ESA.45
Two other factors contributed to the international cooperation witnessed in space activities. First, governments of various States also realized the in- ternational cooperation was necessary for the full and efficient exploration and use of outer space. The huge economic and political investments involved re- quired a concrete consideration of whether cooperation with other space-faring States would substantially increase productivity and efficiency. Secondly, the nature of space activities led inevitably to international cooperation. Space- craft in Earth orbit theoretically need not respect either the artificial territorial boundaries drawn between States, or the sovereignty rights of subjacent States. Any dispute settlement mechanism relating to space activities will be com- plicated by the multiplicity of factors involved in the international cooperation in space programs. Reaching a commonly acceptable settlement for disputes will be made arduous by the diversity of interests and considerations. Very often much will depend on the acceptance of a commoncorpusof international law and the reputation of the mechanism itself. The role of UN COPUOS may be important in this regard. The endorsement of the mechanism by the United Nations and of COPUOS in particular, together with organizations involved in space activities may forward a collective understanding and recognition of this dispute settlement mechanism.46
In particular, the phenomenon of regional cooperation in space activities is burgeoning. A clear example is that of the European Space Agency, which has contributed very much to coordination of space activities amongst its European State partners themselves, as well as with external agencies on important space projects. Another regional space coordination agency is consistently mooted for the States in the Asia-Pacific region.47 Regional organizations tend to develop their own legal systems, especially with regard to dispute settlement mecha- nisms. These however should respect general international law and interna- tional space law in particular.48 Regional organizations perform a noteworthy
45see generally Galloway, E., “Introduction to the Symposium on International Organiza-
tions and the Law of Outer Space”, (1977) JSL 3
46Hosenball, J.N., “The United Nations Committee on the Peaceful Uses of Outer Space:
Past Accomplishments and Future Challenges”, (1979) JSL 95
47He, Q., “Organizing Space Cooperation in the Asia-Pacific Region”, (1993) Space Policy
209
function in the present international community.49 It is thus not surprising
that for space activities they also have a certain significance. Regional orga- nizations such as INTERSPUTNIK and ARABSAT have been influential in telecommunications and satellite operations.
The significance of these regional organizations is threefold. First, they have established their own mechanisms for dispute settlement, which are extremely informative for the study of the trends of dispute settlement in the field of space activities. Secondly, they highlight the importance of international cooperation in the exploration and use of outer space. Thirdly, they raise the issue of the need for a comprehensive, international framework for dispute settlement. This will ensure that the framework of international space law is not fragmented by the various mechanisms of dispute settlement adopted by these institutions, as well as regulate the relationships created by these organizations amongst their Membersinter seand between these organizations and other external agencies. As mentioned, the role of INTERCOSMOS and the European Space Agency is extremely instructive in this regard. The INTERCOSMOS agreement estab- lishing this organization was signed in Moscow on 13 July 1976 by Bulgaria, Cuba, Czechoslovakia, the German Democratic Republic, Hungary, Mongo- lia, Poland and the Soviet Union. The agreement was a new legal basis for cooperation which had already existed for a decade.50
In response to the relatively backward amount of Western European re- search and development in the space field as opposed to that in the United States and the Soviet Union, the Paris Treaty of 14 June 1962 established the European Space Research Organization (ESRO). It was purposely created to contribute to scientific and technological research in outer space. Its activities were closely intertwined with those of the European Launcher Development Organization (ELDO). In 1972, some ten years after ESRO’s founding, a Eu- ropean Space Conference agreed that the merger of ESRO and ELDO would be beneficial to European space activities. Preparatory work for the European Space Agency was then started.51 A general agreement was reached in Febru-
ary 1975 and approved by the European Space Conference on 15 April 1975. A special diplomatic conference was held in Paris by which the Convention es- tablishing the European Space Agency was approved and opened for signature on 30 May 1975.52 As elaborated upon in Chapter 1 of this book, the ESA
49Vellas, P.,R´egionalisme international et l’Organisation des Nations Unies, (1948) 50Vereschetin, V.S., “Cooperation in the Exploration and Use of Outer Space for Peaceful
Purposes (INTERCOSMOS)”, in Jasentuliyana, N. and Lee, R.S.K. (eds.),Manual on Space Law, (1979) 415
51Chappez, J., “La cessation des activities de l’ELDO et la relance de l’Europe spatiale”,
(1973) AFDI 941
52Convention Establishing the European Space Agency, (1975) ILM 855. Text of the
Convention is also available online at http://esamultimedia.esa.int/docs/SP1271En final.pdf. As of July 2005, ESA consists of 16 Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Norway, Portugal, Spain, Sweden,
Convention also contains procedures for dispute settlement.53
Another factor involved in international cooperation is the role of the de- veloping States. As the economic benefits of space activities became more manifest, North-South dynamics also became clearer. Efforts by the Group of 77 non-aligned States to extend the “common heritage of mankind” principle is one example of this.54 As access to outer space becomes cheaper and easier
however, these non-space-faring States, which comprise the vast majority of the international community and the UN General Assembly, will have a voice that is increasingly important.