1. Transfer of ownership in orbit
From fiction to problem
Prof. Dr. Frans G. von der Dunk
Harvey & Susan Perlman Alumni / Othmer Professor of Space Law
University of Nebraska-Lincoln
4th Luxembourg Workshop on Space and Satellite Communications, SES Betzdorf,

2. Ownership in space law ? 1967 Outer Space Treaty
“Ownership of objects launched into outer space (…) is not affected by their presence in outer space (…) or by their return to the Earth.” (Art. VIII)
Echoed by 1979 Moon Agreement (Art. 12)
2012 Space Assets Protocol
Fundamentally addresses ownership interests (Arts. I(2.h), III, XX(4)) – but is not in force
Other main space & ITU treaties: ownership not relevant… (or even mentioned)
Note: ‘Ownership’ = private (law) notion

3. SO WHAT’S THE PROBLEM?

4. ownership of satellites
Ownership usually signifies ‘control’
Control of activities  potential for international responsibility of a state to arise
For compliance with outer space treaties, ITU Constitution, ITU Convention & Radio Regulations
Control of a space object  potential for international liability of a state to arise
If private ownership  private control  potential interference with (jurisdiction &) control of a state
 If ownership changes, this system is disrupted

5. Reality (1)
03/02/1984: Palapa-B2 launched on US Space Shuttle from USA – into wrong orbit
Not registered with UN
11/1984: retrieval by US Space Shuttle on behalf of Lloyds insurers
13/04/1990: re-launched on Delta (McDonnell Douglas) from USA
Registered with UN 17/01/1992 by USA
In-orbit handover to Permutal (Indonesian government company)

6. Reality (2)
1992: BSkyB sells Marcopolo-2 to Norwegian Telecom, renamed Thor
BSkyB = UK company
Launched 17/08/1990 on Delta by McDonnell Douglas (US) from USA
Registered with UN 08/07/1991 by UK
UK notifies UN 15/06/2007: moved to graveyard orbit
Note: Norway notified UN of establishment national register only as of 21/01/2014

7. Reality (3)
1993: Telesat Canada sells Anik C & C2 to Paracorn, renamed Nahuel I1 & I2
Paracorn = Argentine company
Launched 12/04/1985 resp. 18/06/ on US Space Shuttle from USA
Both registered with UN 06/02/1987 by Canada
Both retired (05/05/2003 resp. 07/01/1998) – no notifications thereof in UN register
Note: Argentina had notified UN 30/12/1996 of establishment national register

8. Reality (4) 1996: BSkyB sells Marcopolo-1 to NSAB, renamed Sirius-1
BSkyB = UK; NSAB = Swedish
Launched 27/08/1989 on Delta by McDonnell Douglas (US) from USA
Registered with UN 12/04/1990 by UK
Included in Swedish national registry as notified to UN 01/02/1999
Moved in 2000 from 5.20 E to 130 W
UK notifies UN 15/06/2007: moved to graveyard orbit

9. Reality (5) 2009: KT Corp. sells Koreasat-2 to ABS, renamed ABS-1A
KT = South Korean; ABS = Bermuda / Hong Kong (…!)
Launched 14/01/1996 on Delta from USA
KT continues to provide TT&C for the satellite
Registered with UN 11/03/1996 by South Korea
Additional information 13/12/2013: moved from 1130 E to E & ownership transferred to ABS

10. Reality (6) 2010: KT Corp. sells Koreasat-3 to ABS, renamed ABS-7
KT = South Korean; ABS = Bermuda / Hong Kong (still … )
Launched 05/09/1999 on Ariane from French Guyana
KT continues to provide TT&C for the satellite
Registered with UN 18/09/1999 by South Korea

11. Reality (7)
2014: Airbus Defence & Space sells Spot to Azercosmos, renamed Azersky
ADS = French company; Azercosmos = space agency Azerbaijan
Launched 30/06/2014 on PSLV (ISRO) from India
Not registered with UN (yet)

12. Special case #1 AsiaSat-1 & -2, owned by AsiaSat
Launched 07/04/1990 resp. 28/11/ on Long March (GWIC) from PRC
AsiaSat = Hong Kong company
UK had registered launch with UN on /05/1990 resp. 23/01/1996
1997 Hong Kong: UK  PRC
PRC notified UN of transfer of ownership to & of national registration by PRC as of 01/07/1997 & removal Asiasat-1 to graveyard orbit on 08/06/2005

13. Special case #2 Telesat Canada founded 1989, HQ Ottawa
Presently owns satellites & operates 13 more for others
In 2007 Loral (= US company) took over 64% Telesat

14. More special cases #2
LMI-1 launched 1996 on Proton from Baikonur; Russia notified UN (‘on US telecom satellite’); LMI acquired 2006 by ABS
Agila-2 launched 1997 from PRC; registered with UN by Philippines; Mabhay Satellite Corporation acquired by ABS, renamed ABS-5

15. Concluding remarks
Normal commercial practices such as transfer of ownership in orbit have been introduced into the space arena, while (public) (international) space law has largely remained unchanged since the early days – which increasingly raises problems in practice of actual governmental oversight
Who is responsible / liable? Who should register / exercise jurisdiction? Over what part of a spacecraft?
Next to transfer of ownership also leasing of spacecraft / transponders in orbit now a reality