UH: Global Space Law and Policy Newsletter, Vol. 3 (7), 10 July 2024
Kiran Mohan Vazhapully
Outer Space Law and Policy | International Law | Senior Legal Officer, Asian-African Legal Consultative Org. | McGill | Univ. Kerala l NUJS
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NATO Establishes Dedicated Space Branch as Domain Takes Centre Stage
In a significant move reflecting the growing importance of space in military operations and security, NATO's North Atlantic Council has officially approved the establishment of a dedicated Space Branch within Allied Command Transformation (ACT). The decision, announced on June 25, 2024, marks a key milestone in the alliance's efforts to adapt to the rapidly evolving space domain and the threats it presents.
The Space Branch, which has been operating on a trial basis since last year, will be led by a senior French Air and Space Force officer. Its establishment comes as NATO leaders prepare to discuss space as a key priority during the upcoming summit in Vilnius, Lithuania, from July 9-11.
Skyrocketing Demand Drives Need for Dedicated Space Expertise
ACT, responsible for the alliance's strategic development across all domains, cited the "skyrocketing" national demand for space capabilities as a primary driver behind the Space Branch's creation. The branch will facilitate enhanced collaboration with Allied Command Operations, particularly the Space Branch at Supreme Headquarters Allied Powers Europe (SHAPE) and the Combined Forces Space Component Command in Ramstein, Germany.
Collective Space Efforts Gain Momentum Despite Sensitivities
NATO's collective involvement in military space activities has accelerated since the adoption of its first space policy in 2019. Due to political sensitivities surrounding military space activities in several European countries, the policy wasn't made public until January 2022 and emphasised that NATO had no plans to develop its own space capabilities or become an "autonomous space actor."
However, the alliance's space ambitions have grown significantly in the intervening years. NATO is now investing over €1 billion in satellite communications services from 2020-2034, developing a Strategic Space Situational Awareness System (3SAS) at its headquarters, and supporting the Aquila virtual remote sensing constellation initiative led by Luxembourg.
Deterrence and Defense in the Space Domain
The establishment of the Space Branch underscores NATO's recognition of space as an essential domain for deterrence and defense. Space-based assets play a critical role in navigation, tracking forces, communications, missile launch detection, and command and control.
"More than half of active satellites orbiting the Earth belong to NATO members or companies based on their territory," NATO noted in a March 2021 fact sheet on its space activities.
As potential adversaries develop counter-space capabilities, protecting these assets and ensuring reliable access to space services has become a top priority for the alliance.
While NATO's space ambitions have grown, the alliance faces several challenges in implementing its vision. Key among these will be mobilising the necessary financial and human resources and navigating the differing views and sensitivities of member states regarding military space activities.
Closer cooperation between NATO and the European Union could help facilitate joint efforts in the space domain. However, the alliance will also need to develop a clear deterrence strategy for space and integrate space effectively into its defence plans and operations.
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U.S. and India Deepen Space Ties with Joint ISS Mission, Military Cooperation and NISAR Launch
The United States and India are taking their space partnership to new heights with plans to fly an Indian astronaut to the International Space Station (ISS) on a joint mission. While specific mission details are still being finalised, this historic flight will mark the first time an Indian astronaut visits the orbiting laboratory.
The astronaut exchange is part of a broader Strategic Framework for Human Spaceflight Cooperation between the two nations. Under this framework, India's space agency ISRO will also commence advanced astronaut training at NASA's Johnson Space Center. The two countries are also exploring opportunities for India to participate in the Lunar Gateway program.
Military Cooperation
Also, the United States and India are significantly stepping up their military space cooperation, as evidenced by several recent initiatives. Indian officials will participate for the first time in the US Space Command's annual Global Sentinel exercise next year, designed to better integrate allied capabilities in monitoring space. This follows India's observation of the exercise in February 2024. The two countries also held a space table-top exercise during the second annual Advanced Domains Defense Dialogue at the Pentagon in May 2024.
Furthermore, the US and India reaffirmed their commitment to the INDUS-X Investor Summit, set to take place in Silicon Valley this September. The summit will launch two challenges focused on space-based intelligence, surveillance, and reconnaissance (ISR) under the IMPACT 2.0 project. The first IMPACT 1.0 challenge, announced in February, awarded over $1 million to 10 US and Indian companies to develop maritime ISR technologies. These initiatives underscore the growing strategic partnership between the US and India in the space domain, as they work to enhance capabilities, interoperability, and innovation.
NISAR Mission Set to Revolutionize Earth Observation
Another cornerstone of the U.S.-India space collaboration is the NASA-ISRO Synthetic Aperture Radar (NISAR) mission. This cutting-edge Earth observation satellite, equipped with advanced L-band and S-band radars, is on track for an early 2024 launch.
NISAR will provide unprecedented insights into our planet's complex ecosystems and the cryosphere - the frozen water domain that includes glaciers, ice sheets, and sea ice. By measuring changes in these critical regions with centimetre-scale precision, NISAR will deepen our understanding of climate change, carbon cycles, and natural hazards.
The joint mission recently completed key tests, including vibration and thermal vacuum trials, demonstrating its readiness for the harsh space environment. With a mission life of at least three years, NISAR is poised to deliver a wealth of data to the global scientific community.
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ESA-China Lunar Cooperation Faces Uncertain Future After Chang'e-6 Success
The European Space Agency's (ESA) collaboration with China on the groundbreaking Chang'e-6 lunar mission has yielded unprecedented scientific insights. Still, it may also mark the end of an era of cooperation between the two space powers.
Chang'e-6, which successfully landed on the Moon's far side earlier this month, carried ESA's Negative Ions at the Lunar Surface (NILS) instrument. The Swedish-developed payload made the first-ever detection of negative ions on the lunar surface, opening up new avenues for space physics research and future exploration.
"The discovery of a new component of plasma at the surface of the moon opens a new window for space physics and for human and robotic missions in an era of renewed lunar exploration," ESA stated.
Geopolitical Tensions Cast Shadow on Future Collaboration
Despite the mission's success, ESA officials have indicated that there are currently no plans to continue cooperation on China's upcoming Chang'e-7 and Chang'e-8 missions. This signals a potential end to a long-standing partnership that has spanned multiple lunar missions since the early 2000s.
The shift comes amidst growing geopolitical tensions and the emergence of competing lunar exploration initiatives. China and Russia are jointly developing the International Lunar Research Station (ILRS), which aims to establish a robotic and eventually crewed presence on the Moon in the 2030s.
ESA, however, has stated that it will not participate in ILRS due to the project's Sino-Russian nature and the current embargo on space cooperation with Russia following its invasion of Ukraine[1]. Instead, the agency is focusing its efforts on NASA's Artemis program and the Lunar Gateway, which have attracted a growing number of international partners.
A Legacy of Scientific Achievement
The potential end of ESA-China lunar cooperation marks a significant shift in the landscape of international space exploration. The partnership has yielded significant scientific achievements over the years, including:
-?????? Chang'e-1 (2007): Carried ESA's first instrument to the Moon, measuring lunar surface composition.
-?????? Chang'e-3 (2013): Hosted a lunar ultraviolet telescope developed by the International Lunar Observatory Association, conducting pioneering astronomical observations from the lunar surface.
-?????? Chang'e-4 (2019): Included payloads from the Netherlands, Germany, Sweden, and Saudi Arabia, marking the first landing on the lunar far side.
-?????? Chang'e-5 (2020): Returned lunar samples to Earth for the first time since 1976, with support from ESA's tracking stations.
With the emergence of competing lunar initiatives like ILRS and Artemis, the future of international collaboration in lunar exploration remains uncertain. As space powers align themselves with different projects and partners, it remains to be seen how this will shape the scientific, technological, and diplomatic landscape of the new era of lunar exploration.
Despite the challenges, the legacy of ESA-China cooperation serves as a reminder of the immense potential of international collaboration in pushing the boundaries of human knowledge and presence in space.
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House Unveils NASA Priorities in Reauthorization and Spending Bills
The House Science Committee has introduced a bipartisan NASA Reauthorization Act of 2024, setting the stage for the agency's future priorities and direction. The bill, released on July 9, would formally authorise $25.225 billion in funding for NASA in fiscal year 2025.
Key aspects of the reauthorisation bill include:
-?????? Comprehensive support for advancements in human space exploration, prioritising missions to the Moon, Mars, and beyond
-?????? Tackling near-term priorities like ISS operations and development of scientific research and innovative technology
-?????? Requesting various reports on topics such as SLS demand, Human Landing System development, transition to commercial LEO destinations, and more
House Spending Bill Proposes Asteroid Mission, Orbital Debris Inspection
In a separate move, the House Appropriations Committee's commerce, justice and science (CJS) spending bill report includes provisions directing NASA to initiate studies on missions not included in the agency's original request.
The report allocates $5 million for planning a public-private partnership reconnaissance mission to the asteroid Apophis prior to its close Earth flyby in 2029. It also designates up to $25 million in NASA's Small Satellite Technology program for an Orbital Debris Inspection Mission to track, characterise, and inspect multiple objects in space.
Cuts to Science and Education Programs Amid Some Boosts
The House spending bill proposes an overall cut to NASA's science and education programs compared to the administration's fiscal year 2025 request. However, it does provide targeted boosts in some areas.
The bill adds $470 million to NSF's research account while cutting education programs by $172 million. For NASA's Mars Sample Return mission, appropriators want to allocate at least $650 million, significantly more than the $200 million requested by NASA as it reevaluates the program.
Support is also expressed for the Chandra X-ray Observatory, though without specifying funding levels. The bill suggests interest in potential changes to NASA's approach for stimulating development of commercial space stations.
Sources:
https://www.nasa.gov/news-release/presidents-fiscal-year-2024-budget-strengthens-nasa-space-economy/
领英推荐
Turkey's Homegrown Satellite Launch Marks New Era in Space Ambitions
Turkey's space program reached a major milestone on July 9, 2024, with the successful launch of its first indigenously developed communication satellite, Turksat 6A. The satellite, carried into orbit by a SpaceX Falcon 9 rocket from Cape Canaveral Space Force Station in Florida, marks a significant step forward in Turkey's quest for self-sufficiency and regional influence in the space domain.
Turksat 6A, equipped with Ku- and X-band payloads provided by Turkish defense electronics firm Aselsan, is designed to support both military and commercial users. With an expected lifespan of 15 years, the satellite will provide coverage over the Anatolian peninsula, most of Europe, the Middle East, and parts of Russia from its geostationary orbit at 42° east.
Domestic Capabilities Showcase Technological Prowess
President Recep Tayyip Erdogan hailed the launch as the beginning of a "new era" for Turkey in satellite manufacturing, emphasising that over 81% of the subsystems, ground stations, and software for the Turksat 6A project were developed domestically. This achievement underscores Turkey's progress in satellite technology, making it one of only 11 countries worldwide to independently manufacture a satellite.
The successful launch and transmission of Turksat 6A's first signal, just 67 minutes after liftoff, demonstrate the country's growing technological prowess. The satellite is the result of a decade-long endeavour involving key partners such as TüB?TAK UZAY, Turkish Aerospace (TUSA?), Aselsan, and CTech.
Minister of Transport and Infrastructure, Abdulkadir Uraloglu, emphasized that Turksat 6A will extend Turkey's coverage to approximately 5 billion individuals, enabling the country to significantly enhance its communication networks and television broadcasts. The satellite is expected to elevate Turkey's communication capabilities to a more secure and advanced level, allowing the nation to reach audiences in countries such as India, Indonesia, Malaysia, and Thailand.
Geopolitical Implications and Appeal to Gulf States
Turkey's space ambitions are not solely driven by scientific and technological pursuits but also by geopolitical and military interests. The National Space Program, unveiled by President Erdogan, aims to strengthen Turkey's regional alliances, reaffirm its economy and trade volume, and achieve technological and military independence.
The successful launch of Turksat 6A could appeal to Gulf states, as Turkey seeks to attract capital inflows and sustain its economic growth. The satellite's capabilities, combined with Turkey's expertise in defense, hospitality, and construction sectors, make it an attractive partner for Gulf countries looking to diversify their economies and enhance their own space programs.
Turkey's growing ties with the Gulf states, evident in the increasing volume of trade and foreign direct investment, could pave the way for joint space missions, technology exchange, and defense industry collaboration, such as the manufacturing of Turkish drones. This evolving partnership has the potential to create a win-win situation, connecting lucrative subregions and leveraging the comparative advantages of both Turkey and the Gulf states.
As Turkey continues to make strides in its space program, with ambitious goals such as landing on the moon and sending a Turkish astronaut to space, the successful launch of Turksat 6A serves as a testament to the country's determination and capabilities. The satellite not only enhances Turkey's communication networks but also strengthens its geopolitical position and appeal to regional partners.
With the global economy's centre of gravity shifting and the quest for strategic autonomy from the West, Turkey's space achievements could play a crucial role in shaping its future as a nonaligned middle power in an increasingly multipolar world. As the country forges ahead with its space ambitions, the international community will be closely watching its progress and the implications for regional dynamics and technological advancement.
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India Unveils Incentives for Private Sector Participation in Earth Observation Satellites
In a significant move to stimulate the domestic private space sector, the Indian government has announced a range of incentives aimed at attracting private players to invest in Earth Observation (EO) satellites. Pawan Goenka, chairman of the Indian National Space Promotion and Authorization Centre (IN-SPACe), recently outlined these measures, which include government co-funding for satellite launches and financial support for companies using Indian launch services.
Under the proposed Public-Private Partnership (PPP) model, the government will co-fund the launch of 12 EO satellites undertaken by private companies. This initiative aims to foster the growth of India's private space industry and reduce dependence on foreign launch providers. While the specific funding breakdown is yet to be disclosed, this move is expected to significantly lower the entry barriers for private players venturing into the EO satellite domain.
Encouraging Domestic Launch Capabilities
To further incentivise the use of homegrown launch capabilities, the government is offering financial incentives to private companies that choose to launch their satellites using domestic rockets from Indian launchpads. This move not only promotes the utilisation of India's launch infrastructure but also strengthens the entire domestic space ecosystem.
Several Indian startups have already made strides in the EO satellite sector. Bengaluru-based Pixxel has launched multiple satellites, including "Shakuntala," which provides 10-meter spatial resolution imagery for applications such as deforestation monitoring, crop health analysis, and climate change studies. GalaxEye, another promising startup, is developing India's first multi-sensor satellite constellation, with its first satellite, "Drishti," set to launch in late 2023.
Potential Access to Technologies
In addition to financial support, Goenka hinted at the possibility of providing access to relevant technologies for the private space sector. While the specifics of the technologies to be made available are yet to be revealed, this move could significantly accelerate the development of indigenous EO satellite capabilities.
The government's push for private sector participation in EO satellites aligns with the broader mandate of IN-SPACe, which serves as the nodal agency to promote and regulate the private space industry. IN-SPACe has been actively engaging with startups and established players to understand their requirements and facilitate their growth.
In a notable development, GalaxEye recently signed a Memorandum of Understanding (MoU) with IN-SPACe, becoming the first beneficiary of the agency's state-of-the-art coworking and testing facilities in Ahmedabad. This collaboration grants GalaxEye access to ISRO's cutting-edge laboratories and testing infrastructure, bolstering its efforts to develop India's first private constellation of EO satellites.
The government's initiatives to encourage private sector participation in EO satellites mark a significant milestone in India's journey towards "Atmanirbhar Bharat" (self-reliant India) in the space sector. By fostering a robust private space industry, India aims to not only meet its domestic requirements for high-resolution satellite data but also emerge as a global leader in providing geospatial services.
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ICRC Report Highlights Risks to Civilians from Military Operations in Space
The International Committee of the Red Cross (ICRC) has released a groundbreaking report titled "Protecting Essential Civilian Services on Earth from Disruption by Military Space Operations." Prepared by consultants Gilles Doucet and Stuart Eves, the study sheds light on the growing entanglement of civilian and military space capabilities and the potential humanitarian consequences of this trend.
The report underscores the increasing reliance of essential civilian services on space-based infrastructure, including communications, energy, water and sanitation, transportation, food and agriculture, health care, financial services, disaster prevention and mitigation, emergency services, and humanitarian relief operations. It warns that the disruption of these services due to military counter-space operations could have severe and far-reaching impacts on civilian populations.
Evolving Military and Commercial Space Capabilities Pose Risks
The study highlights two significant transitions in the use of outer space: the shift from purely strategic to tactical military applications of space systems, and the growing military use of sophisticated commercial satellite systems. These developments have led to a situation where essential civilian services rely more than ever on space-enabled services, while the space systems providing those services are exposed to unprecedented threats from potential counter-space operations.
The report outlines various counter-space capabilities that have been developed or may be deployed during armed conflicts, such as radio frequency interference, cyber operations, laser dazzling, co-orbital anti-satellite attacks, and direct ascent kinetic interceptor attacks. It emphasizes that the use of these capabilities could cause temporary or permanent damage to space systems and the services they provide, with potentially significant negative impacts on civilians globally.
Humanitarian Operations at Risk
The ICRC report also highlights the increasing reliance of humanitarian relief operations on space-based services, especially in areas where local critical civilian infrastructure is lacking, damaged, or destroyed due to natural disasters or armed conflicts. Disruptions to satellite communications, navigation, and remote sensing services could severely hamper the ability of humanitarian organizations to conduct needs assessments, coordinate logistics, and deliver lifesaving aid.
Furthermore, the study warns of the risks posed by space debris generated by kinetic military operations against satellites. Such debris could cause unpredictable damage to other space objects and compromise access to essential space-based services for civilians and humanitarian operations.
Policy Options to Mitigate Risks
To address these challenges, the report proposes several policy options aimed at reducing the risk to civilian and humanitarian operations. These include:
-?????? Reaching a common understanding on satellites indispensable for delivering essential civilian services and safeguarding protected persons and objects under international law
-?????? Protecting space systems providing critical space-based services to civilians
-?????? Publicly identifying or indicating space systems that provide critical civilian services
-?????? Separating military and civilian space systems and services whenever feasible
-?????? Introducing a moratorium on debris-causing anti-satellite weapon development, testing, and use
-?????? Reducing the risk of armed conflict in space by working to prevent the weaponization of space
-?????? Enhancing transparency and improving public sharing of space situational awareness information
-?????? Ensuring the availability of satellite services critical to humanitarian relief operations
The ICRC report serves as a wake-up call for the international community to recognize the potential human costs of military operations in outer space and take action to safeguard essential civilian and humanitarian services that rely on space-based infrastructure. As the entanglement of civilian and military space capabilities continues to grow, it is crucial that states and other stakeholders work together to develop and implement measures that prioritize the protection of civilians and respect for international humanitarian law.
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Florida Family Files Claim Against NASA Over Damage from Falling Space Debris
In an unprecedented case, the Otero family from Naples, Florida, has filed a claim against NASA seeking over $80,000 in damages after a piece of space debris crashed through the roof of their home on March 8, 2024. The incident, which caused significant damage to the property and nearly injured a family member, has raised questions about the responsibility of space agencies in such situations.
The object that struck the Otero residence was identified as a 1.6-pound, 4-inch-long metal cylinder that was part of a 2.9-ton pallet of used batteries discarded from the International Space Station (ISS) in March 2021. Although the pallet was expected to burn up completely upon re-entering Earth's atmosphere, this particular piece survived and hurtled towards the Otero home.
Alejandro Otero, the homeowner, was on vacation when the incident occurred. His son, Daniel, who was home at the time, narrowly escaped injury as the debris tore through the roof and two floors of the house. "I'm super grateful that nobody got hurt," Alejandro Otero told CBS Fort Myers affiliate WINK-TV. "What are the chances of something landing on my house with such force to cause so much damage?"
Seeking Compensation Under the Federal Tort Claims Act
Represented by attorney Mica Nguyen Worthy of the law firm Cranfill Sumner, the Otero family has filed a claim under the Federal Tort Claims Act (FTCA), citing damages for non-insured property, business interruption, emotional and mental anguish, and the cost of assistance from third-party agencies. The claim, which exceeds $80,000, aims to hold NASA accountable for the incident and set a precedent for similar cases in the future.
Under the FTCA, the Otero family must first file an administrative claim with NASA, exhausting their administrative remedies before potentially filing a lawsuit. However, due to the principle of sovereign immunity, the U.S. government must agree to be sued for the case to proceed.
Attorney Worthy emphasized the significance of this case, stating that the U.S. government, through NASA, has an opportunity to set a standard for responsible and safe space operations. "If NASA were to take the position that the Oteros' claims should be paid in full, it would send a strong signal to both other governments and private industries that such victims should be compensated regardless of fault," Worthy said.
Growing Concerns Over Space Debris
The Otero family's case highlights the growing problem of space debris and the potential risks it poses to people and property on Earth. With the increasing number of satellites and space missions, the amount of debris orbiting the planet has risen dramatically in recent years.
Several other incidents involving falling space debris have been reported in the past year, including parts of a SpaceX Dragon trunk found in Canada and North Carolina, and a piece of an Indian Space Research Organization (ISRO) rocket landing on a beach in Australia. While these incidents did not result in significant damage or injuries, they underscore the need for better tracking and management of space debris.
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Back to the Moon
New Countries Join Artemis Accords and China's ILRS in Mid-2024
Armenia became the latest country to sign the Artemis Accords in June 2024, bringing the total number of signatories to 43.
Meanwhile, China continued to expand international participation in its International Lunar Research Station (ILRS) programme, which aims to establish a permanent moon base by the 2030s.
Kazakhstan became the 12th country to join ILRS in early July, signing a memorandum of understanding during Chinese President Xi Jinping's state visit.
NASA is adjusting the schedules for its crewed Artemis II and III missions to 2025 and 2026, respectively, to allow more time to ensure astronaut safety and mission success. Artemis IV, the first mission to the Gateway lunar space station, remains on track for 2028.
China plans to launch robotic precursor missions to the lunar south pole in the coming years, including Chang'e-7 in 2026 and Chang'e-8 later in the decade, as it works towards landing astronauts on the moon before 2030. Expect more countries and organisations to pick sides in the emerging space race back to the moon.
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