Molitor,
Fisch
&
Associés
Avocats à la Cour
Luxembourg
Project 2001 PLUS
Current Issues in the Registration of Space Objects
Workshop 20/21 January 2005
INTER-PARTY AGREEMENTS
by Rechtsanwalt Oliver HUTH
1
I. References to « Inter-Party
Agreements »
• Art. II 2. of the Registration Convention : « Where
there are two or more launching States in respect of
any such space object, they shall jointly determine
which one of them shall register the object in
accordance with paragraph 1 of this article, bearing in
mind the provisions of article VIII of the Treaty on
Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies, and without
prejudice to appropriate agreements concluded
or to be concluded among the launching States
on jurisdiction and control over the space object
and over any personnel thereof. »
2
I. References to « Inter-Party
Agreements »
Art. VI of the Registration Convention: request
for assistance in the identification of a space
object having caused damage
« (…) A State Party making such a request
shall, to the greatest extent feasible, submit
information as to the time, nature and
circumstances of the events giving rise to the
request. Arrangements under which such
assistance shall be rendered shall be the
subject of agreement between the parties
concerned .»
3
II. Inter-Party Agreements and the Liability
Convention
•
•
•
•
Interaction between RC and LC
Need to be read and interpreted together
Launching State must register
Aim/goal of the RC :
– facilitating the identification on the Launching
State in view of liability
– Facilitating evidence for a victim of a damage
4
II. Inter-Party Agreements and the Liability
Convention
• Art. V 2 : «(…) The participants in a joint
launching may conclude agreements
regarding the apportioning among
themselves of the financial obligation in
respect of which they are jointly and severally
liable. Such agreements shall be without
prejudice to the right of a State sustaining
damage to seek the entire compensation due
under this Convention from any or all of the
launching States which are jointly and
severally liable. »
5
II. Inter-Party Agreements and the Liability
Convention
Art. XXIII 2 : « No provision in this
Convention shall prevent States from
concluding international agreements
reaffirming, supplementing or extending
its provisions »
6
III. Inter-Party Agreements in the
framework of the UN space law system
• Inter-Party Agreements :
– can include both aspects of registration
and liability
– other issues
– can be concluded for specific space
objects/launches or provide for general
terms and conditions (framework
agreements)
7
III. Inter-Party Agreements in the
framework of the UN space law system
• Note Art. V 2, last sentence of the LC:
« Such agreements shall be without prejudice to the
right of a State sustaining damage to seek the entire
compensation due under this Convention from any or
all of the launching States which are jointly and
severally liable. »
• Same consequence from the victim’s point of view
where there is an IPA regulating the registration :
recourse against any and all of the launching States
is not excluded
8
III. Inter-Party Agreements in the
framework of the UN space law system
• Party ?
– States party to the respective Conventions,
Launching States
– Not : private entities
– Under Registration Convention : States Party to
the Registration Convention and being Launching
States
– UN space treaties
• Only States are parties (special provisions for
international organisations - concept of declaration of
acceptance)
9
III. Inter-Party Agreements in the
framework of the UN space law system
• Launch contracts signed between operators
and launch service providers have no effect
on joint and several liability regime installed
by the UN treaties
• No effect of such contracts for recourse of a
Launching State against « its » nongovernmental entities
10
IV. Inter-Party Agreements and practice
• Multitude and variety
• Famous example : Article 5 of the Agreement
« concerning cooperation on the civil
international space station » (IGA): « 1. In
accordance with Article II of the Registration
Convention, each Partner shall register as
space objects the flight elements listed in the
Annex which it provides, the European
Partner having delegated this responsibility to
ESA, acting in its name and on its behalf. »
11
V. Luxembourg and space law
• Luxembourg a State Party to :
– the Liability Convention
• Not ratified
– Outer Space Treaty
– Registration Convention
– Moon Agreement
– Agreement on the Rescue of Astronauts
12
V. Luxembourg and space law
• Contradiction to reality :
– Luxembourg de facto a major space-faring
nation
• Launching State
• Following slides : Courtesy of
SES GLOBAL/SES ASTRA
13
SES ASTRA
• Operator of ASTRA, the leading DTH broadcast
satellite system in Europe
• ASTRA consists of 13 satellites at 4 orbital positions
– ASTRA transmits more than 1,400 digital and
analogue channels on behalf of leading European
and international broadcasters
– ASTRA serves 94 million homes in 30 European
countries
• 36.4 million homes in DTH reception
• 57.9 million homes via cable
(Courtesy: SES GLOBAL/ SES ASTRA)
14
SES GLOBAL
• The world’s leading satellite operator by revenues,
EBITDA and size of fleet
• Born out of the combination of SES ASTRA and SES
AMERICOM
– ASTRA: No.1 DTH broadcast satellite system in
Europe with a reach of approx. 36.4 million
households (94 million incl. cable)
– AMERICOM: Leading position in US cable head-end
broadcasting serving over 10,000 head-ends with
reach of approximately 80 million cable households
(Courtesy: SES GLOBAL/ SES ASTRA)
15
Global reach based on regional market focus
 SES ASTRA is Europe’s #1 satellite service provider
reaching some 94 million households
 SES AMERICOM is a major player in broadcasting for US
cable services reaching some 80 million US households
16
(Courtesy: SES GLOBAL/ SES ASTRA)
The SES GLOBAL Fleet
(Courtesy: SES GLOBAL/ SES ASTRA)
 Largest satellite fleet with 40
satellites: 29 operated by
wholly owned subsidiaries
and 11 through equity
participations
 Located at 30 orbital
positions
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
18
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
Radio – DTH and cable
19
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
Radio – DTH and cable
IP Services
20
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
Radio – DTH and cable
IP Services
Enterprise networks
21
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
SNG/Occasional use
Radio – DTH and cable
IP Services
Enterprise networks
22
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
SNG/Occasional use
Radio – DTH and cable
Government services
IP Services
Enterprise networks
23
ASTRA services at a glance
(Courtesy: SES GLOBAL/ SES ASTRA)
Video – DTH and cable
SNG/Occasional use
Radio – DTH and cable
Government services
IP Services
TechCom services
Enterprise networks
24
The ASTRA satellite fleet
(Courtesy: SES GLOBAL/ SES ASTRA)
25
ASTRA coverage area in Europe (Courtesy : SES
GLOBAL/SES ASTRA)
26
Blue chip customers
ASTRA transmits more than 1,400 channels on behalf of Europe’s
leading broadcasters via its satellites at 19.2° and 28.2° East
V. Luxembourg and its registration practice
• Competent authority : Service des Médias et
des Communications
• Practice of voluntary registration
– Voluntary acceptance of RC and relevant UN
resolutions
• Resolutions 1721(XVI) of December 20, 1961 and 41/66
of December 3, 1986
• No national registry
• Update and regrouped registration every 2-3
years
28
V.Luxembourg and IPAs
• No such agreements in place
• However, informal practice
– Example : Cooperation with the Russian
Federation
• Russian Federation includes certain minimum
details about ASTRA satellites in its registration
data when launching Proton rockets from
Baikonur
29
V. Luxembourg : Current developments
• Ratification of UN Conventions and
national space law
– Process accelerated by the problems
occurred with ASTRA 1-K
• Actual risk of damage if safe deorbiting of
ASTRA 1-K had failed (Dec. 2002)
– Ratification of OST in June 2005 (current
preparatory work)
30
V.Luxembourg : Current developments
•
•
•
•
•
Elaboration of a national space law
In parallel : ratification of the RC is envisaged
Need for IPAs has been recognized
Eventually : plans to approach COPUOS
Luxembourg soon ESA Member State
– Agreement on accession to the ESA
convention signed May 6, 2004
31
VI. Examples/applications of IPAs
• Agreement between the Government of
Australia and the Government of the Russian
Federation on Cooperation in the Field of the
Exploration and Use of Outer Space for
Peaceful Purposes (23 May 2001)
• Main clause : cross-waiver of liability for
certain cases
• Background of the agreement :
– The import of sophisticated, foreign launch vehicle and other space-related
technologies involves the agreement between governments for its release
and access control, especially given the sensitive basis of some of the
technologies involved. The key provisions include protection of intellectual
and physical property and information.
32
VI. Examples/applications of IPAs :
The case of Hellas SAT
• Hellas Sat Consortium Ltd. and Hellas SAT
S.A. signed two contracts with SES ASTRA
S.A. covering the Hellas Sat satellite
(« Olympic Bird ») manufactured by Astrium
(France)
• ASTRA provided TT&C services and installed
and integrated two ground control stations for
Hellas Sat
• Launch on ATLAS V on May 13, 2003
33
VI. Examples/applications of IPAs :
Hellas SAT
• For a period of 12 months, SES ensured full control
of the satellite from its HQ in Betzdorf, Luxembourg
GREECE
Hellas Sat Consortium Ltd.
Hellas Sat S.A.
ASTRIUM (France)
<SES ASTRA S.A.>
OTE (operator ground station)
in Thermopylae
Greece
34
VII. Specific problems
• Can a non launching State register a space
object ?
• IPAs to this effect and in view of transfering
jurisdiction and control possible ?
• Obligation of the new owner to register ?
• Liability of the registering non launching State
by the sole fact of its registering ?
35
VII. Specific problems
• Reluctancy to conclude IPAs with
regard to the registration obligation ?
– One Party will expose itself to more
attention
– Only makes sense in conjunction with an
appropriate IPA with regard to apportioning
of liability
36
VIII. Conclusions
• Given the current concept of Launching
State, the principle of joint and several,
absolute liability, the obligation of the
Launching State having to register :
– Necessity for IPAs, as a current
amendment to Liability and Registration
Convention seems unrealistic
37
VIII. Conclusions
• IPAs regulating liability issues will
almost « naturally » also deal with
registration issues (annex issue)
• More legal « security » of States
Parties
• IPAs regulating registration « less
urgent » than those regulating liability
38
VIII. Conclusions / open issues
• General framework IPAs or specific
IPAs for every joint mission/ launch ?
– Advantages /disadvantages
• Harmonization and non-contradiction
between IPAs and contracts concluded
by the major private operators and
entities
39
VII. Conclusions
• Europeanization of the questions
pertaining to IPAs ? New law
developments under European
Constitution ?
• Art. 13 of the new Constitution - room
for such developments ?
• Depends on ESA/EU relationships
40
Molitor,
Fisch
&
Associés
Avocats à la Cour
Luxembourg
Thank you for your attention !
oliver.huth@mfa.lu
8, rue Sainte-Zithe, B.P. 690, L-2016
Luxembourg
41