Professor melissa de Zwart Adelaide law School Domestic space legislation: guidelines for sustainability in commercial space Professor melissa de Zwart Adelaide law School

QB50 Launch of Atlas V MdZ April 2017

Key factors Increasing importance of private actors Commercialisation of space/ space related technologies MdZ April 2017

Need for regulation? ‘There can be no doubt that the strongest and most effective source of governance of space programs comes at the level of national space policy and law’ (Jakhu and Pelton, Future of Global Space Governance, 2017) MdZ April 2017

Issues: Technology develops faster than regulation eg space mining Question of accountability of private actors Differing interests eg profit, accountability to shareholders Forum shopping Regulation by multilateral, bilateral treaties, contract, other forms of domestic regulation? Compliance with international law/ liability Barriers to trade eg export controls MdZ April 2017

Sustainable development agenda and Governance Environmental issues Access to space resources, educational and other benefits Sharing of space technology/ capacity building Property rights MdZ April 2017

Art ix OST In the exploration and use of outer space, including the Moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of cooperation and mutual assistance and shall conduct all their activities in outer space, including the Moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the Moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. MdZ April 2017

UN SPAce debris mitigation guidelines ‘Private companies do not have any legal obligation to observe them unless States integrate them into their domestic law eg through a licensing mechanism’ (Su, 2017) MdZ April 2017

Options available to Australia? Include a requirement in appropriate circumstances that a satellite operator has in place a suitable debris mitigation/ deorbiting strategy that takes into account internationally recognised guidelines for the mitigation of space debris. (Freeland, Analysis Report) MdZ April 2017

Space activities Act review: analysis report The Government should: ‘provide incentives to those who either: 1) have strategies in place to mitigate any space debris issues that may be caused by their space activities or 2) develop technology to deal with space debris already in orbit’ MdZ April 2017

Space activities Act review: analysis report ‘If regulation is made that limits Australia’s access to space in order to not create more debris, then that will limit Australia’s development as obviously expertise will not be developed in this area. It is true that for things to work, there is a learning curve before, and failures will happen. If regulation is made, however, for allowing access but with strict guidelines regarding end- of-life behaviour, then that is good, conscientious policy making.’ MdZ April 2017

NEW ZEALAND outer space and high Altitude activities bill Conditions for granting of launch licence and payload permit: holder must conduct the relevant space activity in a manner that: ‘minimises the risk of contamination of outer space or adverse changes to the Earth’s environment.’ MdZ April 2017

Corporate Social responsibility Identify and take responsibility for the impact of the corporation’s activities and impact on society Good “citizenship” Assesses impact beyond the shareholders, looks at community, customers, environment Links with competitors for long-term strategic collaboration MdZ April 2017

Satellite industry association (2015) ‘proceed cautiously when seeking to encourage space operators to conduct their activities responsibly’ Need to recognise business and technical realities: Need to minimise financial burdens on space operators Development of best practice MdZ April 2017