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

2. QB50
Launch of Atlas V
MdZ
April 2017

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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