Reducing space threats through norms

Reducing space threats

Rome [ENA] The third session of the Open-ended working group on reducing space threats through norms, rules and principles of responsible behaviours is scheduled to take place from 30 January to 3 February 2023 in the Tempus Building at the Palais des Nations, Geneva, Switzerland. Reducing space threats through norms, rules and principles of responsible behaviours intends to make recommendations on possible norms, rules and

principles of responsible behaviours relating to threats by States to space systems, including, as appropriate, how they would contribute to the negotiation of legally binding instruments, including on the prevention of an arms race in outer space. After the Study on TCBMs (Transcontinental Ballistic Missile) in Outer-Space activities undertaken by the Group of Governmental experts in 2012-2013, which got together for the first meeting almost 10 years ago in July 2012, they had very mixed feelings on how to move forward. The GGE Experts came with different expertise – diplomatic, military, scientific, legal – representing

countries with contrasting space interests and experience. But it took only a couple of meetings to arrive at the first conclusion: ultimate goal of space security and sustainability could only be achieved through synergy and interaction between various actors. Though the Report was the “product” of 15 Experts representing Brazil, Chile, China, France, Italy, Kazakhstan, Nigeria, Republic of Korea, Romania, South Africa, Sri Lanka, Ukraine, United Kingdom, United States and Russia, it was also the result of inputs by many other States which presented their views both in response to the respective GA Resolutions on TCBMs or directly to the GGE, the interaction by the Group with other International Organizations and bodies such as UN COPUOS

ITU, WMO, etc. On several occasions the Group of Governmental experts received responses from some delegations as well as from the NGOs that were considered by the Group. Though the Study was undertaken 20 years after the previous Report of the UN Secretary-General on this matter (1990-1993) it reflected the growing dependence of the mankind on uses of space, dramatic increase in numbers of actors in outer space activities as well as the new environment. Recent years only confirmed this trend and now we are facing new challenges, such as strong private sector presence. Much is in place already. Starting with the instruments and treaties on outer space containing several TCBMs: Outer Space Treaty of 1967, Rescue Agreement of 1968,

Liability Convention of 1972, Registration convention of 1976 and Moon Treaty of 1984. There are several other both international and bilateral agreements among spacefaring nations on exchanges of information. Organizations like ITU, WMO maintain procedures to regulate their spectrum of space assets. At the same time, Experts agreed that there were lacunas in the existing mechanisms and further measures are needed to address challenges pertaining to outer space activities.As an outcome of three sessions discussions and extensive intersession work the Group of Governmental experts came up with the Report that contained both the overview of the general characteristics and basic principles of outer space TCBMs as well as the series of measure

to enhance them (A/68/189 of 29 July 2013). The Report was later approved by UNGA Resolution 68/50 by consensus – the first consensus reached on this issue in decades. The basics are: - The GGE identified categories of and criteria for TCBMs. - The Group agreed that the proposed measures should be of voluntary, non-legally binding character without prejudice to the implementation of those measures that are part of existing obligations by Member States parties to such arrangements. - TCBMs can not serve as the substitution to the legally binding arrangementand States shall consider their accession to all relevant arrangements.

The Report contained specific recommendations to enhance the transparency of outer space activities. These include: - Information exchange on space policies, the principles and goals of a State’s outer space policy, on major military outer space expenditures and other national security space activities. And here I see the unique role of the CD and other UN bodies – First Committee and UNDC - Information exchange and notifications such as on orbital parameters of outer space objects and potential orbital conjunctions, on forecast natural hazards in outer space and spacecraft launches. - Risk reduction notifications, including on scheduled maneuvers, uncontrolledhigh-risk re-entry events, other emergency situations and of intentional

break-ups. An important confidence building measure - contacts and visits to space launch sites and facilities. The Group of Governmental experts recommended that stronger coordination and interaction shall be established between participants in outer space activities, including national space agencies, international organizations with specific mandates, as well as commercial operators. The proposals put forward were practical, implementable, did not undermine sovereign rights or security of States. From that prospective one has to stress that the measures proposed in the Report are of voluntary nature, or are part of existing instruments.

The ongoing developments to promote space security and sustainability with the important task to make all arrangements effecting space security and sustainability universal and insure their strict observance and implementation. The General Assembly shall call upon States that have not yet become members to the international treaties governing the use of outer space to consider ratifying or acceding to those treaties and arrangements. There are many fragments of the puzzle – big and small – but without a single element the picture is incomplete. Whether TCBM’s is a fragment of a puzzle or rather, a background for a whole picture that is the question to answer.