Table of Contents

1.  Background.  1

2.  Achievements of UNOOSA and Inherent Flaws.  5

2.1  Civil Outer Space Missions  5

2.2  Commercial Outer Space Flights.  7

3.  Results of the Shortcomings of the UNOOSA  8

3.1  Civil Outer Space Missions  8

3.1.1  Results of Orbital Debris Surveillance by the United States only  8

3.1.2  Results of a Lack of Binding Legal Jurisdiction  11

3.2  Commercial Outer Space Flights.  11

4.  Conclusion  12

5.  Bibliography  14

5.   14

1. Background

In outer space national borders do not exist. ¹ To avoid warfare in space it was decided by the United Nations General Assembly to establish an ad hoc Committee on the Peaceful Uses of Outer Space (COPUOS) in 1958 which was one year later turned into a permanent body. ² The number of founding member states rose from eighteen in 1958 to sixty-nine today, ³ which makes it one of the largest committees of the United Nations. ⁴ The 1958 initially created expert unit, the United Nations Office for Outer Space Affairs (UNOOSA) based in Vienna, has become the Secretariat of COPUOS after some structural changes, ⁵ ‘and implements the recommendations of the Committee and the United Nations General Assembly.’ 6

Both the Committee and the Secretariat were established only one year after the Soviet Union launched successfully the first human-made object to outer space, a satellite named Sputnik 1. ⁷ People and governments were afraid that this could take Cold War to another stage and therefore the focus was on international cooperation rather than escalation. While on earth the establishing of COPUOS and UNOOSA were believed to contribute to peace in outer space, Sputnik 1 was the first element in paving the way for future political tensions. It was not just the first artificial object in outer space, but also became the first orbital/space debris, ⁸ which was back then completely neglected by decision-makers. All man-made objects placed in orbit till 1957, except around 600 satellites currently operating, are accounted as debris: ⁹ around 19,000 objects larger than 10 centimetres, 500,000 objects measuring from one to 10

¹ Anon, European Security and Space Debris, European Security and Defence Assembly— Assembly of WEU, June 17 ^th 2010, http://www.assembly-

weu.org/en/documents/sessions_ordinaires/rpt/2010/2073.php?PHPSESSID=44eed6328b832 32221ce0856d93e7d47 

² Anon, History and Overview of Activities, United Nations Committee on the Peaceful Uses of Outer Space, December 5 ^th 2010,

http://www.oosa.unvienna.org/oosa/en/COPUOS/cop_overview.html 

³ Anon, Members, United Nations Committee on the Peaceful Uses of Outer Space, December 5 ^th 2010, http://www.oosa.unvienna.org/oosa/en/COPUOS/members.html 

⁴ op cit, Anon 

⁵ Anon, United Nations for Outer Space Affairs (UNOOSA), United Nations for Outer Space Affairs, December 5 ^th 2010, http://www.oosa.unvienna.org/oosa/en/OOSA/index.html 

⁶ Anon, Frequently Asked Questions, United Nations Office for Outer Space Affairs, December 5 ^th 2010, http://www.oosa.unvienna.org/oosa/en/FAQ/un.html#Q4 

⁷ Anon, United Nations Programme on Space Applications, United Nations Office for Outer Space Affairs, December 5 ^th 2010,

http://www.oosa.unvienna.org/pdf/publications/st_space_52E.pdf 

⁸ op cit, Anon, Recommendation 863 on European Security and Space Debris 

⁹ op cit, Anon 

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centimetres ¹⁰ while ‘the number of particles smaller than 1 cm probably exceeds tens of millions.’ ¹¹ It is estimated that most of orbital debris even has not been catalogued ¹² while about 85 per cent ¹³ of space debris ‘is to be found … where human space activity is greatest.’ 14

Even small pieces of debris, because of its travelling at high speeds of seven to eight kilometres per second, could be able to cause severe damages, total break downs of satellites or imperil astronauts lives. ¹⁵ Experiments conducted on the ISS are playing “a key role for industrial applications built on [space] research” ¹⁶ while satellites are essential as they provide a huge range of services like telecommunications, weather forecasting, television broadcasting, global navigation and aviation. ¹⁷ Both space stations and satellites are major constituent parts of current and future applications and should therefore be highly protected against space debris.

Moreover, the market for satellites will grow significantly by an estimated 47 per cent of more satellites to be launched from 2008 to 2018 compared to the former decade. ¹⁸ A decline in insurance premiums, ¹⁹ however, seems to be largely due to the fact that the likelihood of collisions is still estimated very low, ²⁰ for example, a collision between the U.S. space shuttle

¹⁰ Anon, Orbital Debris Frequently Asked Questions, NASA, July 2009, http://orbitaldebris.jsc.nasa.gov/faqs.html#3 

¹¹ op cit, Anon 

¹² David, L., Between the Lines: Tossed in Space, Foreign Policy, No. 136 (May-Jun. 2003), p. 68. 

¹³ Anon, Space Surveillance, Air University—The Intellectual and Leadership Center of the Air Force, December 7 ^th 2010, http://www.au.af.mil/au/awc/awcgate/usspc-fs/space.htm 

¹⁴ op cit, Anon, Recommendation 863 on European Security and Space Debris 

¹⁵ Anon, Orbital Debris Frequently Asked Questions, NASA, July 2009, http://orbitaldebris.jsc.nasa.gov/faqs.html#7 

¹⁶ Anon, Taking the ISS to the next level: ISS exploitation and ELIPS, European Space Agency, December 12 ^th 2010, http://www.esa.int/esaHS/SEMFUZ4DHNF_iss_0.html 

¹⁷ Mirmina, S.A., Reducing the Proliferation of Orbital Debris: Alternatives to a Legally Binding Instrument, The American Journal of International Law, Vol. 99 No. 3 (Jul. 2005), p. 649. 

¹⁸ Anon, Highlights in Space 2009, United Nations Office for Outer Space Affairs, January 2010, http://www.oosa.unvienna.org/pdf/publications/st_space_46.pdf 

¹⁹ op cit, Anon 

²⁰ Anon, Orbital Debris Frequently Asked Questions, NASA, July 2009, http://orbitaldebris.jsc.nasa.gov/faqs.html#15 

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and a piece of debris larger than 10 centimetres is estimated to happen once every 10,000 years. 21

Nonetheless, in 2009 a twelve centimetre piece of debris missed the International Space Station (ISS) by only five kilometres. ²² Identified by NASA only one day before it was then too late to perform an evasive manoeuvre. ²³ Although the ISS is the most heavily shielded spacecraft ever flown it cannot withstand pieces of debris larger than one centimetre. ²⁴ Even worse is the situation for satellites. Because they are not as heavily shielded a collision with ‘a five cents coin … would have … an impact equal to that of a small car hurtling at 80 km/h.’ ²⁵ That a collision is not impossible proved in 2009 the incident between a decommissioned Russian and an active U.S. satellite called Iridium. ²⁶ Ironically the mission of the latter was to determine solutions in order to avoid future collisions; ²⁷ however, together with an antisatellite test of China two years earlier, discussed in 3.1.2, these incidents increased the overall amount of debris larger than ten centimetres by 50 per cent. ²⁸ In the wake of these events the likelihood for future collisions and subsequently service breakdowns, economic losses and higher insurance premiums, has risen.

Fortunately,debris falls back to earth and, if not too large, burns up in the earth’s atmosphere completely. However, this could last up to some millennia the further away debris is from earth. ²⁹ Although, for example, President Barack Obama announced that there is a ‘need to pursue research … to remove orbital debris,’ ³⁰ it remains, at best, a ‘monumental technical, resource, operational, legal, and political challenge, ³¹ or at worst, makes from a current point of technological knowledge, no sense at all. 32

²¹ op cit, Anon, Space Surveillance 

²² op cit, Anon, Highlights in Space 2009  

²³ op cit, Anon, Highlights in Space 2009 

²⁴ Anon, Orbital Debris Frequently Asked Questions, NASA, July 2009, http://orbitaldebris.jsc.nasa.gov/faqs.html#10 

²⁵ op cit, Anon, Recommendation 863 on European Security and Space Debris 

²⁶ op cit, Anon, Highlights in Space 2009 

²⁷ op cit, Anon 

²⁸ op cit, Anon, Recommendation 863 on European Security and Space Debris 

²⁹ Anon, Orbital Debris Frequently Asked Questions, NASA, July 2009, http://orbitaldebris.jsc.nasa.gov/faqs.html#12 

³⁰ Anon, Orbital Debris Quarterly News, National Aeronautics and Space Administration, Vol. 14 Issue 3, (Jul. 2010), p. 1.  

³¹ Anon, Orbital Debris Quarterly News, National Aeronautics and Space Administration, Vol. 14 Issue 4, (Oct. 2010), p. 7.  

³² op cit, Anon, Recommendation 863 on European Security and Space Debris 

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All this makes space debris one of the biggest issues for nations that aspire to go to outer space. Manned missions could bear the risk of losing lives while the operating of satellites could bear the risk of (total) damage which subsequently would lead to limited services as well as economic losses. New collisions would increase the number of debris and therefore increase the risk for future missions even further. However, the monitoring of orbital debris, which is larger than three millimetres, ³³ reduces the risk of collisions because satellites or space crafts can be drawn aside when space institutions learn of these probable incidents.

One could argue that UNOOSA, from a global governance point of view, should be responsible for debris-related issues because it is an organisation within the United Nations and all states with current programmes or future plans regarding space missions are members of the committee. However, even though debris is a part of UNOOSA’s treaty, reality looks different. Other inter-governmental organisations like the Inter-Agency Space Debris Coordination Committee (IADC) have been created outside the auspices of the United Nations to deal with space debris issues. National Organisations like the National Aeronautics and Space Administration (NASA) work together bilaterally or multilaterally. COPUOS, at the same time, does not possess any information about the position of debris but only the United States. Their surveillance network is under the command of the Department of Defense (DOD). ³⁴ Information is published neither publicly nor completely which leads to several tensions in international relations. 35

This report will have a look at UNOOSA’s achievements and the flaws inherent to these achievements. In a second step some results of UNOOSA’s shortcomings will be shown in more detail.

It may be owed to the speciality of this topic that virtually no available books and only a few journal articles cover the material. Thus it was necessary to use online sources; however, information is to a large degree used from first hand, for example, space institutions or UNOOSA itself.

³³ Anon, Orbital Debris Frequently Asked Questions, NASA, July 2009, http://orbitaldebris.jsc.nasa.gov/faqs.html#4 

³⁴ Anon, United States Space Command (USSPACECOM), Federation of American Scientists, December 8 ^th 2010,

http://www.fas.org/spp/military/program/nssrm/initiatives/usspace.htm 

³⁵ De Selding, P.B., French Say ‘Non’ to U.S. disclosure of Secret Satellites, Space.com, June 8 ^th 2007, http://www.space.com/news/060707_graves_web.html 

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