1 Project 2001 Plus Workshop on „Current Issues in the Registration of Space Objects“ 20/21 January 2005, Berlin Genesis and background of the UNCOPUOS Legal Subcommittee agenda item on “Practice of States and international organizations in registering space objects” Dr. Kai-Uwe Schrogl DLR

2 1. European proposal for improving the Registration Convention in UN Doc. A/AC.105/C.2/L.211/Rev.1 of 30 March 1998 Containing suggestions i. a. for: - implementing time limits for registration - a review of the concept of the “launching State” - application of the Registration Convention by international organizations

3 2. Legal Subcommittee Workplan with Working Group on the “Review of the concept of the ‘launching State’” Questions discussed: -issues related to territories and facilities -“procuring” the launch -reusable launch vehicles -jurisdiction and control -international organizations

4 UNGA Resolution 59/115 of 10 December 2004 “Application of the legal concept of the ‘launching State’” Operative part of the Resolution: The General Assembly 1. Recommends that States conducting space activities, in fulfilling their international obligations under the UN treaties on outer space, in particular the Outer Space Treaty, the Liability Convention and the Registration Convention, as well as other relevant international agreements, consider enacting and implementing national laws authorizing and providing for continuing supervision of the activities in outer space of non-governmental entities under their jurisdiction; 2. Also recommends that States consider the conclusion of agreements in accordance with the Liability Convention with respect to joint launches or cooperation programmes;

5 3.Further recommends that the COPUOS should invite Member States to submit information on a voluntary basis on their current practices regarding on-orbit transfer of ownership of space objects; 4.Recommends that States consider, on the basis of that information, the possibility of harmonizing such practices as appropriate with a view to increasing the consistency of national space legislation with international law; 5.Requests the COPUOS, in making full use of the functions and resources of the Secretariat, to continue to provide States, at their request, with relevant information and assistance in developing national space laws based on the relevant treaties.

6 3. US initiative through non-paper during the last year of the workplan on the Launching State, April 2002 Draft for a “Working paper concerning a new agenda item on practice of States and international organizations in registering space objects” -clarification of domestic criteria for including objects on the US registry -no inclusion on its Registry of non-Us payloads that are launched from US territory or facilities In addition, expressions by further States -UK in UN Doc. ST/SG/SER.E/417/Rev.1 of 3 December NL in UN Doc. A/AC.105/806 of 22 August 2003

7 4. Legal Subcommittee Workplan with Working Group on “Practice of States and international organizations in registering space objects” Contents: 2004: Presentation by Member States and international organizations of reports on their practice in registering space objects and submitting the required information to the Office of Outer Space Affairs for inclusion on the Register 2005: Examination by a working group of the reports submitted by Member States and international organizations in : Identification by the working group of common practices and drafting of recommendations for enhancing adherence to the Registration Convention 2007: Report to the COPUOS