65-я сессия Юридического подкомитета Комитета по космосу: от многостороннего диалога к выработке единого правового режима

Юбилейная 65-я сессия Юридического подкомитета Комитета ООН по использованию космического пространства в мирных целях продемонстрировала разницу подходов государств к вопросам развития международного космического права. Существующая договорно-правовая база уже перестает отвечать технологическим вызовам современности и нуждается в дальнейшем развитии и совершенствовании. Поэтому заседания Юридического подкомитета неизбежно порождает оживлённые споры и обнажает разницу в подходах государств. Тем не менее, именно в этих дискуссиях рождается путь к созданию стабильного и справедливого правового режима для будущего освоения космоса.

Студентка Лейденского университета (Нидерланды) и практикантка Исследовательского центра «Космическая экономика и политика» Синьи Чжан (Китай) изучила проходившую в Вене дискуссию и подготовила для читателей ленты АНО «КЭП» обзор 65-й сессии Юридического подкомитета. Публикуем комментарий Синьи на английском языке.

The 65th session of the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS), convened under the auspices of the United Nations Office for Outer Space Affairs (UNOOSA), served as an important forum for the consideration of legal issues concerning the exploration and use of outer space. The session gathered representatives of Member States, international organizations, and academic institutions, reflecting the increasingly global and multi-actor nature of contemporary space activities.

The agenda of the session addressed a broad range of issues central to the development of international space law. These included the status and application of the five United Nations treaties on outer space, national legislation relevant to space activities, and emerging challenges such as space resource utilization and space traffic management. The discussions highlighted the dual objective of preserving the foundational principles of the existing legal framework while adapting it to new technological and commercial realities.

Delegations reaffirmed the continuing relevance of the core principles of international space law, including the peaceful use of outer space, the non-appropriation principle, and the responsibility of States for national activities in outer space. At the same time, it was widely recognized that the increasing involvement of private actors and the expansion of commercial space activities raise complex legal questions requiring further clarification. In this context, attention was drawn to the need for effective national regulatory frameworks consistent with international obligations.

The legal aspects of space resource activities constituted a central topic of discussion. Divergent views were expressed regarding the adequacy of existing international law in governing the extraction and utilization of space resources. Some delegations emphasized the necessity of developing a multilateral legal framework to ensure equitable access and benefit-sharing, while others supported the role of national legislation in facilitating innovation and investment. The interpretation of the non-appropriation principle in relation to resource activities remained a key point of debate.

Space traffic management and the long-term sustainability of outer space activities were also prominently addressed. The growing congestion of outer space and the proliferation of space debris were identified as major challenges to the safety and sustainability of space operations. Delegations stressed the importance of enhancing transparency, data-sharing, and international coordination. In the absence of binding international rules, non-binding instruments such as guidelines and best practices were widely regarded as pragmatic tools for advancing cooperation.

Further discussions focused on the registration of space objects and the application of the international liability regime. Accurate and comprehensive registration was considered essential for ensuring transparency and accountability. The need to improve national implementation and reporting practices was emphasized, particularly in light of the increasing number of space objects and actors involved in space activities.

The session also addressed issues related to national space legislation and capacity-building. Many delegations highlighted the importance of strengthening domestic legal frameworks to effectively regulate both governmental and non-governmental space activities. At the same time, the role of capacity-building initiatives in supporting developing countries was underscored, with particular reference to efforts aimed at promoting inclusive participation in space activities.

In addition to plenary discussions, side events and informal consultations provided opportunities for more focused exchanges on specific topics. These discussions contributed to a deeper understanding of emerging legal issues and facilitated dialogue among stakeholders.

Positions of Major Spacefaring Nations and Groups

Following a comprehensive review of the conference room papers and the statements made by various countries (or areas) during the exchange of views, the following conclusions can be drawn regarding the views of the major spacefaring countries (or areas).

• African Group

-Strong emphasis on addressing structural inequality in access to space, noting that many African and developing states face limited access to infrastructure, data, and technical capabilities；

-Frames outer space primarily as a tool for socio-economic development, especially for priorities such as disaster management, climate resilience, and sustainable development；

-Advocates for equitable benefit-sharing of space activities, stressing that space should not widen the gap between developed and developing countries；

-Calls for capacity-building and technology transfer as essential, not optional, elements of international space cooperation；

-Promotes the Space for Development initiative as a structured mechanism to ensure that development needs of the Global South are systematically integrated into space governance；

-Emphasizes that space governance should reflect the principle that outer space is the province of all humankind, not dominated by technologically advanced states；

• Brazil

-Emphasizes the need for inclusive and multilateral governance of lunar activities, with a central role for COPUOS as the primary forum, rather than fragmented or unilateral regulatory approaches;

-Highlights capacity-building as a prerequisite for meaningful participation, advocating for training, access to data, and cost-effective technologies to integrate emerging space actors into lunar activities;

-Promotes practical forms of international cooperation, including joint missions, shared infrastructure, and technical partnerships, as key mechanisms for both governance and capability development;

-Calls for greater legal clarity on operational issues, particularly regarding harmful interference and the distinction between resource extraction and utilization, to support effective governance frameworks;

-Stresses that legal norms should be informed by technical and scientific realities, ensuring that governance frameworks remain applicable to rapidly evolving lunar activities;

• China

-Emphasizes the need to strengthen global governance of outer space under genuine multilateralism, reaffirming COPUOS as the central platform and calling for the preservation of an international order based on existing space treaties;

-Highlights concerns over emerging challenges from technological advancements, including space resource competition, large constellations, space debris, and risks of weaponization, stressing the urgency of addressing governance gaps;

-Advocates for enhanced transparency through information-sharing, supporting the implementation of Article XI of the Outer Space Treaty and promoting the regular disclosure of national space activities to improve safety and trust;

-Stresses the importance of capacity-building and inclusive international cooperation, particularly in supporting developing countries through education, training, and institutional cooperation to promote equitable participation in space activities;

• ESA Group

-Emphasizes transparency and information-sharing as core governance principles, particularly through systematic dissemination of scientific, technical, and operational data to foster trust and responsible behavior in space activities;

-Promotes a ‘full, free and open’ data policy, especially in Earth observation, aiming to maximize accessibility and reuse of space data for scientific, public, and policy purposes;

-Advocates for a balanced approach between openness and protection of interests, ensuring that data sharing is compatible with security concerns, intellectual property rights, and contractual obligations;

-Supports institutionalized and technical mechanisms for international coordination, including shared databases, real-time data exchange (e.g. space weather), and standardized information systems to enhance safety, sustainability, and predictability of space activities;

• Russia

-Emphasizes that space resources are part of outer space and fully subject to existing international space law, rejecting attempts to reinterpret or modify treaty principles through new or fragmented approaches;

-Calls for a cautious and phased approach to norm development, arguing that it is premature to adopt even non-binding principles without first establishing clear definitions and a common conceptual framework;

-Expresses concern over legal fragmentation and unilateral practices, warning that national legislation, plurilateral arrangements, or concepts such as safety zones could undermine the non-appropriation principle and global governance coherence;

-Stresses the need for a comprehensive international regulatory mechanism, including environmental impact assessments, technical standards, monitoring systems, and equitable benefit-sharing, to address risks related to sustainability, safety, and inequality in space resource activities;

• USA

General Exchange of Views

-Emphasizes that existing international space law framework remains sufficient, and priority should be on implementation rather than negotiating new binding treaties;

-Highlights the importance of responsible behavior and practical cooperation mechanisms, especially in ensuring long-term sustainability of space activities;

-Supports continued engagement of commercial actors, recognizing the private sector as a key driver of innovation and space development;

UN Space Treaties and Their Implementation

-Reaffirms that the Outer Space Treaty provides a flexible and durable legal foundation, capable of accommodating new technologies and actors;

-Encourages national implementation measures (legislation, licensing, supervision) as the primary way to operationalize treaty obligations;

-Opposes reinterpretations that would expand treaty obligations beyond their original meaning, stressing legal stability and predictability;

National Legislation

-Promotes robust national regulatory frameworks as essential tools for supervising non-governmental space activities;

-Highlights the role of national law in enabling commercial innovation while ensuring compliance with international obligations;

-Encourages sharing best practices among States to improve regulatory efficiency and safety;

Capacity-Building and Information Sharing

-Supports voluntary information-sharing mechanisms as a way to enhance transparency, safety, and trust among space actors;

-Emphasizes capacity-building initiatives to help emerging space nations develop legal and technical expertise;

-Promotes practical cooperation (training, technical exchanges) rather than binding redistribution mechanisms;

Future Role and Methods of Work of COPUOS

-Advocates for efficiency and pragmatism in COPUOS work, focusing on achievable outcomes rather than expanding agendas;

-Supports consensus-based decision-making, avoiding politicization or fragmentation of the forum;

-Emphasizes that COPUOS should remain a technical and cooperative platform, not a venue for contentious geopolitical issues;

Space Resources

-Affirms that space resource utilization is consistent with the Outer Space Treaty, particularly the non-appropriation principle;

-Supports the development of non-binding principles and best practices, rather than a new international treaty regime;

-Emphasizes the importance of legal certainty to support commercial investment and innovation in space resources;

Space Traffic Management and Sustainability

-Promotes practical, data-driven approaches to space traffic coordination, including information-sharing and situational awareness;

-Supports the implementation of existing guidelines (e.g. LTS Guidelines) rather than negotiating new binding STM rules;

-Encourages public-private collaboration in managing orbital safety and mitigating debris risks;

General Exchange on Legal Aspects

-Emphasizes the importance of voluntary norms, transparency, and confidence-building measures in maintaining space security;

-Opposes initiatives that could restrict legitimate space activities or innovation through overly rigid legal frameworks;

-Reinforces commitment to peaceful use of outer space, while acknowledging security concerns and dual-use realities;

Conclusion

The 65th session of the Legal Subcommittee demonstrated the continuing importance of multilateral dialogue in the development of international space law. While the foundational legal framework remains robust, ongoing technological and commercial developments necessitate further clarification and adaptation. The discussions reflected both convergence and divergence among Member States, highlighting the challenges inherent in achieving consensus.

The session underscored the value of incremental norm development, particularly through non-binding instruments, as well as the importance of inclusivity and international cooperation. In this context, the work of the Legal Subcommittee continues to contribute to the establishment of a stable, sustainable, and equitable legal regime governing the exploration and use of outer space.