International W6: International Space Law

Vocabulary practice flashcards covering key international space law concepts, treaty articles, cases, and expert manuals based on lecture material from the University of Adelaide.

WRESAT

Australia's satellite launched on September 29, 1967, by the University of Adelaide Electrical Engineering Department, making Australia the fourth country in the world to complete a launch and third from its own territory.

Andy Thomas

Australia's first astronaut, noted in the lecture notes as part of Australia's space history.

Outer Space Treaty (1967)

The foundational treaty of international space law, signed/ratified by all nations with satellites in space except two, with 113 States Parties as of March 2023.

Rescue & Return Agreement (1968)

An international agreement with 99 States Parties (as of March 2023) imposing obligations to assist spacecraft personnel in distress and safely return them to the launching authority.

Liability Convention (1972)

An international treaty with 98 States Parties (as of March 2023) that establishes standards of absolute liability for surface damage and fault liability for damage elsewhere in space.

Registration Convention (1975)

An international treaty with 75 States Parties (as of March 2023) that allows the State of registry to retain jurisdiction and control over registered space objects.

Moon Agreement (1979)

An international treaty with 18 States Parties (soon to be 17) declaring the Moon and its natural resources as the common heritage of mankind.

Chicago Convention (1944)

An international civil aviation treaty whose Article 1 specifies that contracting States recognize every State's complete and exclusive sovereignty over the airspace above its territory.

Space Activities Act 1998 (Australia)

Australian national legislation that becomes operational for launches above $100\,km$, setting a precedent recognizing outer space beginning at $100\,km$.

AMW Manual (Harvard Manual)

The Manual on International Law Applicable to Air and Missile Warfare, whose Rule 1(a) defines airspace as the air up to the highest altitude at which an aircraft can fly and below the lowest possible perigee of an earth satellite in orbit.

ICAO Sub-orbital Flight Working Paper (2005)

An International Civil Aviation Organization paper addressing sub-orbital flights departing and landing at the same place, noting applicability of Chicago Convention Annexes if foreign airspace is traversed.

Province of All Mankind

A concept in Article 1 of the Outer Space Treaty specifying that the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries.

"Peaceful Purposes" in Space Law

An international space law interpretation where "peaceful" means non-aggressive rather than non-military, permitting self-defense and non-aggressive military observation satellites.

Article II of the Outer Space Treaty

The provision stating that outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claims of sovereignty, by means of use or occupation, or by any other means.

Commercial Space Launch Competitiveness Act 2015 (US)

US legislation entitling citizens engaged in commercial recovery of space/asteroid resources to possess, own, transport, use, and sell them, while disclaiming national sovereignty over celestial bodies.

IISL Position Paper on Space Resource Mining (2015)

A paper by the International Institute of Space Law stating that while territorial appropriation is prohibited, international law remains unclear on whether "free use" includes taking non-renewable natural resources.

Common Heritage of Mankind (Moon Agreement)

The principle under Article XI of the 1979 Moon Agreement establishing that the Moon and its natural resources shall not become property of any State or entity and require an international regime to govern exploitation.

Artemis Accords

A set of non-legally binding political commitments establishing principles for civil cooperation in the exploration and use of the Moon, Mars, comets, and asteroids for peaceful purposes.

Article III of the Outer Space Treaty

The provision requiring States Parties to carry on activities in the exploration and use of outer space in accordance with international law, including the Charter of the United Nations.

Article IV of the Outer Space Treaty

The provision prohibiting the placement of nuclear weapons or weapons of mass destruction in orbit, and reserving the Moon and celestial bodies exclusively for peaceful purposes.

Weapons of Mass Destruction (WMD)

Weapons (nuclear, biological, or chemical) with the capacity to inflict death and destruction on a massive scale; OST Article IV specifically prohibits placing them in full orbit.

THAAD (Terminal High Altitude Area Defense)

A sub-orbital defensive missile system noted in US DoD practice as an example of a weapon system not restricted by Article IV of the Outer Space Treaty.

Article V of the Outer Space Treaty

The provision designating astronauts as "envoys of mankind" in outer space and requiring States Parties to render them all possible assistance and safely return them to their State of registry.

Commercial Astronaut (FAA Definition)

A domestic US designation defined by the Federal Aviation Administration for individuals taking part in activities essential to public safety or contributing to human space flight safety.

Article VI of the Outer Space Treaty

The provision establishing international responsibility for national space activities (whether carried out by governmental or non-governmental entities) and requiring authorization and continuing supervision.

National Activity (Space Law)

As analyzed by Julian Hermida, activities over which a State has jurisdiction or the possibility to exercise legal control, triggering international responsibility under Article VI of the OST.

Article VII of the Outer Space Treaty

The provision holding States internationally liable for damage caused to another State Party by a space object that they launch, procure, or launch from their territory or facility.

Launching State

Under Article I of the Liability Convention, a State that launches or procures the launching of a space object, or a State from whose territory or facility a space object is launched.

Absolute Liability (Space Law)

Under Article II of the Liability Convention, the standard where a launching State is liable to pay compensation for damage caused by its space object on the surface of the Earth or to aircraft in flight without proof of fault.

Fault-Based Liability (Space Law)

Under Article III of the Liability Convention, liability for damage caused elsewhere than on Earth's surface to a space object of another State, which applies only if the damage is due to fault.

Joint and Several Liability (Space Law)

Under Article V of the Liability Convention, the principle that whenever two or more States jointly launch a space object, they are collectively and individually liable for any damage caused.

Cosmos 954

A Russian nuclear-powered satellite that crashed in remote Canada in 1978, generating a radioactive area and resulting in a settlement establishing a precedent for strict liability for surface damage.

2009 Satellite Collision (Iridium 33 and Cosmos 2251)

An in-orbit collision $800\,km$ above Siberia between an active US commercial satellite and a defunct Russian satellite, demonstrating the practical difficulty of defining "fault" in space.

Article VIII of the Outer Space Treaty

The provision establishing that the State of registry retains jurisdiction and control over a space object and its personnel while in outer space or on a celestial body.

Due Regard

A principle in Article IX of the Outer Space Treaty requiring States to conduct space activities with consideration for the corresponding interests of all other States Parties.

Safety Zone (Artemis Accords)

Under Section 11 of the Artemis Accords, a temporary area where notification and coordination are implemented to avoid harmful interference, determined reasonably using scientific principles.

Article XII of the Outer Space Treaty

The provision declaring that all stations, installations, equipment, and space vehicles on celestial bodies shall be open to representatives of other States Parties on a basis of reciprocity.

Reciprocity (Article XII OST)

A concept introduced during OST negotiations by the USSR suggesting that if a nation controlling a station has no desire to inspect another's, it is under no obligation to permit visitors to enter its own.

The Woomera Manual

An international expert-led project edited by Jack Beard and Dale Stephens with David Koplow that objectively articulates existing international law applicable to military space activities and operations.

Tallinn Manual

An expert-driven manual on international law applicable to cyber warfare/operations that served as a precedent for non-binding expert restatements in specialized domains like space law.