DCL Candidate, Institute of Air and Space Law, McGill University Reconciling State practice of in orbit satellite transfer with the law of liability and registration in outer space Upasana Dasgupta, DCL Candidate, Institute of Air and Space Law, McGill University

In orbit satellite transfer and sustainable development Directly associated with the sustainable development goal of “reducing inequality within and among countries” . Can improve scientific and economic cooperation, thus addressing the goal to “strengthen the means of implementation and revitalize the global partnership for sustainable development”.

STATE PRACTICE ON IN ORBIT SATELLITE TRANSFER

Asiasat-1, AsiaSat-2, APSTAR-I (renamed ZX-5E) and APSTAR-IA (renamed ZX-5D in September, 2010) - Between UK and China Launching States : China (Xichang) and UK (Asia Satellites Telecommunications Company Limited and APT Satellite Company Limited in Hong Kong ) State of registry: Initially UK 1 July, 1997, Hong Kong transferred to China and satellites too transferred. UK informed UN that it ceased to be State of registry China informed that it is the State of registry

Asiasat-2 - Between China and Israel Asiasat-2 was later leased for exclusive use to Space Communication Limited, an Israeli satellite operator (agreement entered into between China and Israel in September 2009) and was renamed Amos-5i. Amos 5i was a stopgap measure. After this, Amos- 5i was reverted back to the AsiaSat 2 designation.

Marco Polo 1 (BSB 1A)- Between the UK and Sweden Launching State : USA (Cape Carnaveral), the UK (British Satellite Broadcasting Limited which is registered in the United Kingdom ) Initial State of registry: UK Transfer to Sweden UK’s national registry of space objects contain the explanation that notified UN on 1 February 1999 that title and control of the satellite had been transferred to a Swedish national and renamed SIRIUS 1. Sweden registered with UN as State of registry

NSS Satellites of the Netherlands Through an agreement dated 30 November, 1998, entered into between the INTELSAT and the New Skies Satellites, a company incorporated in the Netherlands, the following satellites - NSS 513 (previously INTELSAT 513), NSS 703 (previously INTELSAT 703), NSS 5 (previously INTELSAT 803 and NSS 803) and NSS 806 (INTELSAT 806) were transferred to New Skies Satellites. France and USA as launching States on behalf of INTELSAT. There was no declaration of acceptance of Registration Convention by INTELSAT and these satellites were not registered earlier. Later, two satellites - NSS6 and NSS7 were delivered-in-orbit (through turn-key contracts) on April 2002 and December 2002 to New Sky Satellites. The satellites were made by the Lockheed Martin and had been launched from France.

Netherlands assert that it asserts that it does not consider itself “Launching State”, “State of registry” or “launching authority” for the delivery-in orbits and for NSS 513 “The above-mentioned space object was transferred in orbit to New Skies Satellites after it was launched, positioned in orbit and operated by persons who were not subject to the jurisdiction or control of the Netherlands. New Skies Satellites is a company that is incorporated in the Netherlands. Following the transfer in orbit of ownership of the space object to New Skies Satellites, the Netherlands is of the opinion that it bears international responsibility for its operation in accordance with article VI and has jurisdiction and control over it in accordance with article VIII of the Treaty on Principles Governing Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.”

In 2009, the Netherlands furnished information about establishment of two kinds of registry: a) United Nations Sub-Registry, which will be used when the Netherlands is a State of registry because it is a launching State, and (b) the National Sub-Registry, that is used when the Netherlands is not a launching State or State of Registry but has jurisdiction and control.

Spot-7- France to Azerbaijan SPOT-7 – an earth observation satellite built by Airbus Defence and Space was launched on 30 June, 2014 by a PSLV launcher from the Satish Dhawan Space Center in India. Airbus Defence and Space, incorporated in France, sold its newly operational Spot 7 medium-resolution optical Earth observation satellite to Azerbaijan’s Azercosmos space agency. Azercosmos has renamed the satellite Azersky. An example of how in orbit satellite transfers can bridge the inequalities between nations - The deal includes preferred-access rights to Spot 6 imagery. Airbus will build a new ground station and satellite control center in Azerbaijan and will train more than 25 engineers.

After SPOT 7 was launched, France provided information of its launch of SPOT 7 to the UN in order to register the same. On 7 December, 2015 Azerbaijan sent information to the UN that it is the State of registry for Azersky, owned and operated by Azercosmos Open Joint Stock Company, an Azerbaijan entity.

Telesat's Anik satellites to Argentina In order to comply with ITU timelines, Argentina purchased Anik CI and Anik CII satellites from Telesat, Canada through Argentine corporation Paracom S.A. The two companies formed a joint venture - Paracomsat (Argentina) which was given the charge of operating the satellites. The satellites remained registered in Canada. In 1997, the satellites bought back by Telesat.

Assessment from the case studies In general, there is a tendency of States to not provide information of change of ownership to the UN. States do not have a consistent practice regarding submitting information to UN regarding the transfer. In cases where non-launching transferee States have informed the UN that they are the State of registry, the veracity of the claim is doubtful as they were not involved in during launch. Some transferee States are reluctant to consider themselves as launching State and be liable under Liability Convention. Certain transferee States have claimed to have 'jurisdiction and control' over satellites despite not being 'state of registry'.

SOLUTIONS Bilateral contracts Expansive interpretation of “procuring the launch”

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