Equity and Transparency in the New Province of Humanity

ASSURING EQUITY AND TRANSPARENCY

IN THE PROVINCE OF MANKIND

Valnora Leister, LLM, DCL Attorney, Senior Fellow, Openworld Inc.

Member Brazilian Society of Aerospace Law, ILA, IISL and ABA forum on Airspace Law.

The 4th E. Galloway Symposium on Critical Issues in Space Law Cosmos Club, Washington, D.C.

December 10, 2009

Valnora Leister, LLM, DCL Attorney, Senior Fellow, Openworld Inc. Member Brazilian Society of Aerospace Law, ILA, IISL and ABA forum on Airspace Law

The 4th E. Galloway Symposium on Critical Issues in Space Law Cosmos Club, Washington, DC December 10, 2009

Introduction This presentation reviews how the principle of Common Heritage of Humanity…

  influences current outer space activities

  can advance the interests of future generations by safeguarding space against unilateral exploitation and domination

Context •  Space law is built upon positivist doctrines

that trace back to the Treaty of Westphalia (1648), which established nation states as sovereigns

•  The 1967 Outer Space Treaty took shape in a Cold War period dominated by two superpowers

•  Although the Cold War ended with the fall of the Berlin Wall, military uses of outer space have continued to grow

•  In practice, leading powers continue to use outer space to advance national military and economic aims, rather than for their agreed aim of benefiting Humanity

How do leading space powers hold back Humanity’s interests in Space?

a) through export controls… •  Continuing controls

between North and South limit transfer of space technologies

•  These controls represent a wall that keeps space from becoming a province for all humanity

How do leading space powers hold back Humanity’s interests in Space?

b) through opposition in global forums… •  Since the end of the Cold

War, many multilateral initiatives for transparency and demilitarization of the space frontier have been blocked or sidelined

Attempts to improve transparency and reduce arms in space

1.  UN resolution on transparency and confidence-building measures in outer space (UN. Doc. A/C.1/63/L.44/Rev.1)

  Approved by the UN First Committee on October, 2009

  Votes in favor: 166   Opposed: 1 (US) with one abstention (Israel)

2.  UN resolution on the prevention of an arms race in outer space (UN. Doc. A/C.1/64/L.25/Rev.1)

  Approved by the UN First Committee on October, 2009

  Votes in favor: 176   Abstentions: 2 (US and Israel)

3.  European Community (EU) - draft code of conduct for outer space activities to "enhance the safety, security and predictability of outer space activities" and "prevent outer space from becoming an area of conflict." December, 2008

4.  China and Russia - draft treaty on the Prevention of an arms race in outer space at the Conference on Disarmament in February, 2008.

5.  Canada – a proposed ban on the placement of weapons in outer space, with a prohibition of testing and using weapons on satellites, as well as a prohibition of the use of satellites themselves as weapons in October, 2009

…all of these are currently under study or in preliminary negotiation

Attempts to improve transparency and reduce arms in space (continued)

How can we “tear down this wall” -- and safeguard the rights

of Humanity in Space?

Multiple paths are being explored for future generations to work together in outer space…

How to expand global participation in the space frontier?

•  NGOs – more than one thousand Non- Governmental Organizations recently attended the Conference on Disarmament for Security (September, 2009) at the United Nation’s 62nd Annual Public Information (NGO) gathering

•  Global companies - “Base of the Pyramid”-oriented private companies are seeking to open new markets with affordable new communications, GPS, and remote sensing solutions

Path 1. Engage civil society…


•  India's space agency has been focusing its efforts in space on practical applications, partnering with schools in remote areas; it is planning its first manned space mission in 2015.

•  Brazil's Space Agency has pursued a policy of joint technological development with other nations, including China, Russia and Ukraine.

Path 2. Work with emerging space powers…


•  individuals and NGOs – as well as nation states – are now recognized as having direct responsibility for protection of the global environment

•  Intergenerational equity must be respected – present activities cannot damage the interests of future generations

•  Transparency is recognized as essential to track harmful activities and deter actions that threaten our common environment

Each of these principles can be - and should be – applied to the law of Space.

Path 3. Apply the new precedents established by international environmental law (IEL)…


Path 4. Use new concepts of governance to ensure equity and transparency in shared resources Example: “economic governance” (developed by Elinor Ostrom, 2009 Nobel Laureate in Economics)

Core insight: common resources can be managed successfully by nongovernmental associations of users, rather than by public sector bodies or private corporations. Value to space law: can be a new framework for global space development


Path 4. Use new concepts of governance to ensure equity and transparency in shared resources Example: “charter cities” (developed by Paul Romer, Stanford University economist)

Core idea: apply innovative laws and institutional reforms in unoccupied areas, in ways that produce rapid asset gains for shared benefit. (Precedents include Chinese and Indian Special Economic Zones.)

Value to space law: Charter

Cities could help fund global space development initiatives.

Critical Issues To Resolve •  Space debris, the militarization of

outer space, and national restrictions on transfer of space technologies have national origins - but global consequences

•  State actions with global consequences lack transparency, although they take place in a realm defined as the common heritage of Humanity

•  Principles of Environment Law have yet to be extended to outer space as a means of dealing with these critical issues

•  Establish a clear legal meaning for the concept of Humanity, so that the “New Province of Mankind” in outer space can be realized

•  Develop a new Jus Gentium – The Universal Law of Humanity – for the 21st Century to replace the current system, which rests on the supremacy of nation states

The Challenge Ahead

Concluding Thoughts •  Global society will become an international

community when it has norms reflecting direct inputs from common interests of Humanity.

•  The opportunity to build a better world, more just, safe and united should not be wasted.

Thanks –

I look forward to your comments!

Valnora Leister [email protected]

Equity and Transparency in the New Province of Humanity

Law

Transcript of Equity and Transparency in the New Province of Humanity