Prof. Frans von der Dunk on Art. 6
Amanda Berman
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01/29/2019
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Professor Frans von der Dunk discusses Article 6 of the Outer Space Treaty.
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- [00:00:01.100]Hello, I'm Amanda Berman.
- [00:00:02.530]I'm a second year law student
- [00:00:03.820]at the University of Nebraska College of Law.
- [00:00:06.280]I'm a student in our Space, Cyber,
- [00:00:07.870]and Telecommunications Program.
- [00:00:09.830]And I'm here with Professor Frans von der Dunk
- [00:00:12.320]to give us an introduction on Article VI
- [00:00:14.870]of the Outer Space Treaty.
- [00:00:16.430]Professor.
- [00:00:18.240]Thank you, Amanda.
- [00:00:19.073]Yes, I'm Frans von der Dunk.
- [00:00:21.300]I'm both a Professor of Space Law
- [00:00:23.377]at the University of Nebraska Lincoln
- [00:00:24.910]at the Space, Cyber, and Telecoms Law program
- [00:00:27.500]and a private consultant in my home country
- [00:00:30.750]in the Netherlands on matters of space law and policy.
- [00:00:34.860]Article VI of the Outer Space Treaty
- [00:00:37.277]is one of the most important articles
- [00:00:39.399]of the Outer Space Treaty.
- [00:00:40.637]And, of course, the Outer Space Treaty
- [00:00:42.063]in turn is probably the most important
- [00:00:44.285]treaty on space full stop.
- [00:00:47.453]Why is Article VI so important?
- [00:00:50.150]Two main reasons.
- [00:00:51.930]Firstly, Article VI establishes
- [00:00:54.410]the responsibility of states for national activities
- [00:00:57.780]in outer space, regardless of whether these activities
- [00:01:01.480]are conducted by the states themselves,
- [00:01:04.160]by intergovernmental organizations
- [00:01:06.920]of which they are members,
- [00:01:08.410]or by their national private entities.
- [00:01:11.620]So, interestingly, space activity
- [00:01:15.180]conducted by a private company does directly entail
- [00:01:19.680]the responsibility of the state of nationality
- [00:01:22.680]of that company or the state of the territory
- [00:01:25.590]where it operates when it comes
- [00:01:27.650]to international space law.
- [00:01:29.920]This responsibility pertains to making sure
- [00:01:33.740]that all those activities are conducted
- [00:01:36.100]in compliance with the substandard
- [00:01:38.070]rules of international law, some of which
- [00:01:40.440]are already included in the Outer Space Treaty itself
- [00:01:43.620]but others include the international
- [00:01:45.650]telecommunications regulations, et cetera, et cetera.
- [00:01:50.090]The other reason why Article VI is so important
- [00:01:53.370]is kind of the flip side to that
- [00:01:56.140]because it also requires states
- [00:01:59.030]to in particular with respect to private space activities
- [00:02:03.010]to authorize and supervise them,
- [00:02:05.360]which means that they have to establish
- [00:02:07.580]one way or another national legal regimes,
- [00:02:10.360]national space legislation including a licensing system
- [00:02:14.610]in order to make sure that those private operators
- [00:02:17.730]do all comply with international space law.
- [00:02:20.900]This includes issues such as liability,
- [00:02:24.500]safety, respect for international security
- [00:02:28.640]and peace and prosperity, and all those other
- [00:02:32.320]important elements of the international community.
- [00:02:36.730]That's it.
- [00:02:38.400]And what aspect of Article VI
- [00:02:44.340]is going to play the most important role
- [00:02:46.030]as we move forward in space exploration?
- [00:02:49.460]I think the second part because you see
- [00:02:53.340]more and more private sector entities
- [00:02:55.580]being interested in space,
- [00:02:57.040]that ranges from sub-orbital space tourism
- [00:03:00.140]to deep space mining ventures,
- [00:03:03.570]and all of them require regulation
- [00:03:05.820]at a national level in order for those activities
- [00:03:09.430]to be compliant with international space law.
- [00:03:13.120]So there is already and there will be even more
- [00:03:17.620]a tendency to establish these national laws
- [00:03:21.230]in order to control sometimes into quite
- [00:03:25.040]some detail these private operations.
- [00:03:28.780]Perfect.
- [00:03:29.613]Thank you so much, Professor.
- [00:03:30.460]I appreciate your time.
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