Article 3

Amanda Berman Author

03/14/2019 Added

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Steve Mirmina and Courtney Bailey on Article 3

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[00:00:01.070]Hello, I'm Amanda Burman,
[00:00:02.330]I'm a second year law student at
[00:00:03.760]The University of Nebraska College of Law.
[00:00:06.160]Recently we where awarded a grant from NASA
[00:00:08.670]to coordinate (inaudible), including
[00:00:11.880]international space attorneys as well as domestic
[00:00:15.525]experts in the field of space law.
[00:00:18.250]Today we'll meet are two counselors
[00:00:20.940]from NASA General Counsel, to
[00:00:23.170]discuss Article 3 of the Outer Space Treaty.
[00:00:25.710]With me are Steve Mirmina and Courtney Bailey
[00:00:29.490]from NASA.
[00:00:32.050]Thanks Amanda!It's great to
[00:00:34.020]be here with you today! Hi everyone!
[00:00:35.080]I'm Courtney Bailey, I'm the associate
[00:00:36.890]general counsel for international law
[00:00:39.220]here at NASA headquarters in Washington D.C.
[00:00:42.890]I'm Steve Mirmina, I'm an attorney
[00:00:44.830]in the International Law Practice Group
[00:00:47.090]here at the NASA General Counsel.
[00:00:48.890]And I've worked here for about 20 years
[00:00:50.120]practicing international space law.
[00:00:52.600]So I can say that Steve's taught me-
[00:00:56.182]he's taught me everything I know so far
[00:00:59.283]and I've been going quit far.
[00:01:01.076]Anyway, thanks for the opportunity
[00:01:01.909]to talk about Article 3.
[00:01:04.190]Its a very interesting Article.
[00:01:06.680]And it really weighs out the parameters for how
[00:01:09.470]you can interpret the Treaty of OST
[00:01:12.450]and how it's going to change and evolve
[00:01:14.600]that interpretation over time, and Steve
[00:01:17.000]will talk some more about the specifics of that.
[00:01:20.480]But it's important to understand the context-
[00:01:22.843]the historical context of the OFT
[00:01:26.097]and the fact that it was developed
[00:01:28.100]in a time when there was a tremendous amount
[00:01:30.130]of optimism among countries after World War II
[00:01:34.810]that a lot of the world problems could be
[00:01:36.760]solved through formal mechanisms
[00:01:39.026]indoctrunated between nations.
[00:01:40.860]If you think about it,
[00:01:41.800]the UN was established in 1945.
[00:01:45.050]The Sputnik launch was not even
[00:01:48.610]20 years later, not even 15 years later
[00:01:51.469]it was 1957.
[00:01:53.334]The UN then stood up in 1958 a temporary meeting
[00:01:57.830]of what we call now COPUOS, which is the
[00:02:00.579]Committee on the Peaceful Uses of Outer Space.
[00:02:03.280]Recognizing the significance of international
[00:02:06.780]cooperation on space, UN COPUOS has actually
[00:02:09.890]formally made a permanent body in 1959.
[00:02:15.720]If you think it about then, the
[00:02:17.248]UN General Assembly working with COPUOS
[00:02:18.970]actually set out a set of principles
[00:02:21.110]that was issued in 1963.
[00:02:24.360]So really if you think about it
[00:02:25.820]that's tremendously fast so from 1957 to 1963
[00:02:30.360]the world was able to pull together with
[00:02:32.427]some general guidelines, that everyone
[00:02:35.390]can agree to, to address how we would
[00:02:37.970]view space at the height of the Cold War.
[00:02:41.031]The (inaudible) was actually built
[00:02:43.290]from that initial UN General Assembly
[00:02:47.210]statement of principles, and that sorta
[00:02:51.003]got us where we are today.
[00:02:52.990]So I'll actually let Steve sort of
[00:02:55.240]talk about some of the particulars.
[00:02:56.850]And I'll wrap up our presentation by
[00:02:58.390]talking about where we are going forward
[00:03:00.240]with Article 3.
[00:03:02.020]Thank you Courtney! So the important-
[00:03:04.764]the take away from Article 3 of
[00:03:06.810]the Outer Space Treaty is that space activity
[00:03:09.520]has to be in accordance with international law.
[00:03:12.749]So international law is just so broad
[00:03:15.748]that we thought it would be helpful
[00:03:16.950]to talk about, well, what does it mean to be
[00:03:19.460]part of activities that are in accordance with
[00:03:20.540]international law.
[00:03:22.000]And most people know that international law
[00:03:25.820]of course complies with treaties.
[00:03:27.940]Which are agreements between nations.
[00:03:30.310]But also comprises other bodies of
[00:03:33.035]international law, in addition to treaties.
[00:03:35.850]For example there's customary international law
[00:03:38.870]general principles international law
[00:03:42.060]and there's other areas of law that actually
[00:03:44.922]follow that when conducting space exploration.
[00:03:47.750]So I'll break it down a little bit.
[00:03:49.450]So in terms of treaties applicable to outer space
[00:03:53.029]of course to understand Article 3
[00:03:55.670]you have to read in light of the other
[00:03:57.680]terms of the Outer Space Treaty
[00:03:59.140]to fully understand what does Article 3 mean.
[00:04:03.600]So for example, Article 4 has limitations
[00:04:07.100]on the military basis of outer space
[00:04:09.330]such as not stationing nuclear weapons
[00:04:11.740]in outer space.
[00:04:13.800]Article 1.2 talks about the States plan
[00:04:17.754]based on the basis of equality.
[00:04:20.660]Article 1.3 talks about facilitating
[00:04:23.710]and encouraging international cooperation.
[00:04:27.170]Article 9 makes people think its a
[00:04:28.073]harmful contamination review or regard article
[00:04:31.810]but that reveals a system guided by the principle
[00:04:34.610]of cooperation and mutual assistance in
[00:04:36.980]outer space.
[00:04:38.250]And finally our (inaudible) in the outer space
[00:04:40.130]where the Article talks about promoting
[00:04:41.660]international cooperation.
[00:04:43.560]So you can see there are atleast
[00:04:44.880]five different articles that talk about
[00:04:46.350]international law or international cooperation
[00:04:48.900]or just generally working to get in outer space.
[00:04:53.177]Some principles of international law also need
[00:04:56.139]to be followed besides treaties.
[00:04:58.824]States have an obligation acting on faith.
[00:05:03.640]Folks who study international law know
[00:05:05.401]Pacta sunt servanda, or agreements are binding.
[00:05:07.890]There are certain principles of international law
[00:05:10.660]that have to be followed in pursuit of Article 3.
[00:05:15.820]For example the law of (inaudible) or
[00:05:19.243]International Humanitarian Law,
[00:05:22.090]would need to be followed if there where ever
[00:05:24.040]any kind of war in outer space.
[00:05:26.633]Principals of international environmental law
[00:05:29.250]need to be followed out as well because
[00:05:31.140]that would come into the quarter start
[00:05:33.440]of Article 3.
[00:05:34.960]Of course viewing charting of (inaudible)
[00:05:36.915]Article 2.4 principles of self defense,
[00:05:39.100]downright its self defense.
[00:05:41.370]Those also need to be involved.
[00:05:44.921]Primarily in that all members have to refrain
[00:05:49.560]from threat or use of force
[00:05:52.687]in international relations.
[00:05:55.693]As Courtney alluded to, when the 1967
[00:05:58.931]Outer Space Treaty was completed it was
[00:05:59.967]primarily an arms control treaty.
[00:06:03.190]And that was one of the huge successes that
[00:06:05.990]came out of the 1967 Outer Space Treaty.
[00:06:10.030]Other areas of international law
[00:06:11.690]have to be complied within the
[00:06:13.583]international human rights law
[00:06:14.610]international criminal law
[00:06:18.151]and essentially international economic law.
[00:06:20.040]And one thing that we can agree
[00:06:22.288]or are both noticed is there is
[00:06:24.234]a close with international law.
[00:06:26.908]As international law develops
[00:06:29.550]close of international law that
[00:06:32.066]will have to complied with even though
[00:06:34.134]they weren't necessarily enforced
[00:06:35.340]at the time of 1967 in the Outer Space Treaty.
[00:06:38.010]So one really good example is the
[00:06:39.970]the Vienna Convention on the law of treaties
[00:06:42.330]which essentially was completed in 1980,
[00:06:46.790]or near effective, that was 13 years
[00:06:49.870]after the Outer Space Treaty.
[00:06:51.990]But because activities have to be
[00:06:54.240]done in accordance with international law
[00:06:57.104]that would include the Vienna Convention
[00:06:59.346]which was 13 years later, as well
[00:07:00.653]as international law had developed
[00:07:01.879]its reach.
[00:07:03.629]And I think most important thing
[00:07:05.392]to take away from it is that
[00:07:07.870]the Outer Space Treaty by virtue of Article 3
[00:07:11.305]is a living document and it is a change
[00:07:14.437]it is the fabric of international changes.
[00:07:17.436]Especially with the dynamic approaches
[00:07:19.174]that we're having right now with space.
[00:07:21.338]With the emergence of new space found
[00:07:24.195]proceeds, with the emergence of
[00:07:26.779](inaudible) all across the world.
[00:07:29.232]That norms and obligations will be formed
[00:07:31.950]and that through the treaty process
[00:07:34.572]as I mentioned, the (inaudible) of treaty support
[00:07:38.676]was in that post World War II era, now
[00:07:42.830]the work is being done through
[00:07:44.320]volunteer coordination.
[00:07:46.091]Whether its technical community, to
[00:07:48.708]get people to talk about sort of
[00:07:50.603]what the appropriate push to (inaudible)
[00:07:53.997]protection might be.
[00:07:54.979]Whether its talking about how we
[00:07:56.762]wanna handle spectrum.
[00:07:58.440]Whether its talking about how
[00:08:01.060]we wanna handle (inaudible)
[00:08:02.893](inaudible)
[00:08:07.351](inaudible)
[00:08:22.870]Perfect! Thank you so much for
[00:08:25.168]being with us today guys!
[00:08:27.286]Thank you for having us.
[00:08:28.776]Really appreciate you're time.

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