International Code of Conduct for Outer Space Activities

International Code of Conduct for Outer Space Activities

http://reachingcriticalwill.org/images/documents/Resources/Factsheets/ICOCDraft_31March2014.pdf

VERSION 31 March 2014

DRAFT

International Code of Conduct

for Outer Space Activities

Preamble

The Subscribing States

1 • In order to safeguard the continued peaceful and sustainable use of outer space

for current and future generations, and in a spirit of greater international

cooperation, collaboration, openness and transparency;

2 • Considering that the activities of exploration and use of outer space for peaceful

purposes play a key role in the social, economic, scientific and technological

development of all nations, in the management of global issues such as the

preservation of the environment and disaster management;

3 • Further recognising that space activities and capabilities, including associated

ground and space segments and supporting links, are vital to national security

and to the maintenance of international peace and security;

4 • Noting that all States, both space-faring and non-spacefaring, should actively

contribute to the promotion and strengthening of international cooperation

relating to these activities;

5 • Recognising the need for the widest possible adherence to relevant existing

international instruments that promote the peaceful exploration and use of outer

space;

6 • Noting the importance of preventing an arms race in outer space;

7 • Recalling the increasing importance of outer space transparency and confidence-

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building measures in light of the growing use of outer space by governmental

and non-governmental entities;

8 • Taking into account that space debris affects the sustainable use of outer space,

constitutes a hazard to outer space activities and potentially limits the effective

deployment and utilisation of associated outer space capabilities; 

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(hereinafter referred to as the "Code"):

17 I. Purpose, Scope and General Principles

18 1. Purpose and Scope

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1.1. The purpose of this Code is to enhance the safety, security, and sustainability of

all outer space activities pertaining to space objects, as well as the space

environment.

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1.2. This Code addresses outer space activities involving all space objects launched

into Earth orbit or beyond, conducted by a Subscribing State, or jointly with other

States, or by non-governmental entities under the jurisdiction of a Subscribing State,

including those activities conducted within the framework of international

intergovernmental organisations.

21 1.3. This Code establishes transparency and confidence-building measures, with the

aim of enhancing mutual understanding and trust, helping both to prevent

confrontation and foster national, regional and global security and stability, and is

complementary to the international legal framework regulating outer space

activities.

22 1.4. Subscription to this Code is open to all States, on a voluntary basis. This Code

is not legally binding, and is without prejudice to applicable international and

national law.

23 2. General Principles

24 The Subscribing States decide to abide by the following principles:

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• the freedom for all States, in accordance with international law and obligations,

to access, to explore, and to use outer space for peaceful purposes without

harmful interference, fully respecting the security, safety and integrity of space

objects, and consistent with internationally accepted practices, operating

procedures, technical standards and policies associated with the long-term 

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sustainability of outer space activities, including, inter alia, the safe conduct of

outer space activities;

26 • the responsibility of states to refrain from the threat or use of force against the

territorial integrity or political independence of any state, or in any manner

inconsistent with the purposes of the Charter of the United Nations, and the

inherent right of states to individual or collective self-defence as recognised in

the Charter of the United Nations;

27 • the responsibility of States to take all appropriate measures and cooperate in

good faith to avoid harmful interference with outer space activitie

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(1972);

35 • the Convention on Registration of Objects Launched into Outer Space (1975);

36 • the Constitution and Convention of the International Telecommunication Union

and its Radio Regulations, as amended;

37 • the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space

and under Water (1963) and the Comprehensive Nuclear Test Ban Treaty

(1996).

38 (b) Declarations, principles, recommendations and guidelines, including:

39 • International Co-operation in the Peaceful Uses of Outer Space as adopted by

the United Nations General Assembly's (UNGA) Resolution 1721 (December

1961);

40 • the Declaration of Legal Principles Governing the Activities of States in the

Exploration and Use of Outer Space as adopted by UNGA Resolution 1962

(XVIII) (1963);

41 • the Principles Relevant to the Use of Nuclear Power Sources in Outer Space as

adopted by UNGA Resolution 47/68 (1992) and the Safety Framework for

Nuclear Power Source Applications in Outer Space as endorsed by UNGA

Resolution 64/86 (2010);

42 • the Declaration on International Cooperation in the Exploration and Use of

Outer Space for the Benefit and in the Interest of All States, Taking into

Particular Account the Needs of Developing Countries as adopted by

UNGA Resolution 51/122 (1996);

43 • the International Code of Conduct against Ballistic Missile Proliferation (2002),

as endorsed in UNGA Resolutions 59/91 (2004), 60/62 (2005), 63/64 (2008),

65/73 (2010) and 67/42 (2012);

44 • the Recommendations on Enhancing the Practice of States and International 

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Intergovernmental Organisations in Registering Space Objects as endorsed by

UNGA Resolution 62/101 (2007);

45 • the Space Debris Mitigation Guidelines of the United Nations Committee for the

Peaceful Uses of Outer Space, as endorsed by UNGA Resolution 62/217 (2007).

46 3.2. The Subscribing States resolve to promote the development of guidelines for

outer space operations within the appropriate international fora, such as the UN

Committee on Peaceful Uses of Outer Space and the Conference on Disarmament,

for the purpose of promoting the safety and security of outer space operations and

the long-term sustainability of outer space activities.

47 II. Safety, Security and Sustainability of Outer Space Activities

48 4. Measures on Outer Space Operations and Space Debris Mitigation

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4.1. The Subscribing States resolve to establish and implement policies and

procedures to minimise the risk of accidents in space, collisions between space

objects, or any form of harmful interference with another State’s peaceful

exploration, and use, of outer space.

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4.2. The Subscribing States resolve, in conducting outer space activities, to:

51 • refrain from any action which brings about, directly or indirectly, damage, or

destruction, of space objects unless such action is justified:

o by imperative safety considerations, in particular if human life or health

is at risk; or

o in order to reduce the creation of space debris; or

o by the Charter of the United Nations, including the inherent right of

individual or collective self-defence.

and where such exceptional action is necessary, that it be undertaken in a manner so

as to minimise, to the greatest extent practicable, the creation of space debris; 

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52 • take appropriate measures to minimize the risk of collision; and

53 • improve adherence to, and implementation of, International Telecommunication

Union regulations on allocation of radio spectra and space services, and on

addressing harmful radio-frequency interference.

54 4.3. In order to minimise the creation of space debris and to mitigate its impact in

outer space, the Subscribing States resolve to limit, to the greatest extent practicable,

any activities in the conduct of routine space operations, including during the launch

and the entire orbital lifetime of a space object, which may generate long-lived

space debris.

55 4.4. To that purpose, they resolve to adopt and implement, in accordance with their

own internal processes, the appropriate policies and procedures or other effective

measures in order to implement the Space Debris Mitigation Guidelines of the

United Nations Committee for the Peaceful Uses of Outer Space as endorsed by

United Nations General Assembly Resolution 62/217 (2007).

56 III. Cooperation Mechanisms

57 5. Notification of Outer Space Activities

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5.1. The Subscribing States, guided by the principle of cooperation and mutual

assistance, resolve to notify, in a timely manner, to the greatest extent practicable,

all potentially affected States of any event related to the outer space activities they

are conducting which are relevant for the purposes of this Code, including:

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• scheduled manoeuvres that could pose a risk to the safety of flight of the space

objects of other States;

60 • predicted conjunctions posing an apparent on-orbit collision risk, due to natural

orbital motion, between space objects or between space objects and space

debris;

61 • pre-notification of launch of space objects; 

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62 • collisions, break-ups in orbit, and any other destruction of a space object(s)

which have taken place generating measurable orbital debris;

63 • predicted high-risk re-entry events in which the re-entering space object or

residual material from the re-entering space object potentially could cause

significant damage or radioactive contamination;

64 • malfunctioning of space objects or loss of control that could result in a

significantly increased probability of a high risk re-entry event or a collision

between space objects.

65 5.2. The Subscribing States resolve to provide the notifications on any event related

to the outer space activities described above to all potentially affected States:

66 • through the Central Point of Contact to be established under section 9; or

67 • through diplomatic channels; or

68 • by any other method as may be mutually determined by the Subscribing States.

69 In notifying the Central Point of Contact, the Subscribing States should identify, if

applicable, the potentially affected States.

70 The Central Point of Contact should ensure the timely distribution of the

notifications received.

71 6. Information on Outer Space Activities

72 6.1. The Subscribing States resolve to share, on an annual basis, where available

and appropriate, information with the other Subscribing States on:

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• their space strategies and policies, including those which are security-related, in

all aspects which could affect the safety, security, and sustainability in outer

space;

74 • their major outer space research and space applications programmes;

75 • their space policies and procedures to prevent and minimise the possibility of 

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accidents, collisions or other forms of harmful interference and the creation of

space debris; and

76 • efforts taken in order to promote universal adoption and adherence to legal and

political regulatory instruments concerning outer space activities.

77 6.2. The Subscribing States may also consider providing timely information on outer

space environmental conditions and forecasts collected through their space

situational awareness capabilities, including in particular on natural phenomena that

may pose a hazard to spacecraft, to relevant governmental and non-governmental

entities of other Subscribing States.

78 6.3. Subscribing States, particularly those with relevant space capabilities and with

programmes for the exploration and use of outer space, should contribute to

promoting and fostering international cooperation in outer space activities, giving

particular attention to the benefit for and the interests of developing countries. Each

Subscribing State is free to determine the nature of its participation in international

space cooperation on an equitable and mutually acceptable basis with regard to the

legitimate rights and interests of parties concerned, for example, appropriate

technology safeguard arrangements, multilateral commitments and relevant

standards and practices.

79 6.4. The Subscribing States endeavour to organise on a voluntary basis, to the extent

feasible and practicable, and consistent with national and international law, and

obligations, including non-proliferation commitments, activities to familiarize other

Subscribing States with their programs, policies, and procedures related to the

exploration and use of outer space, including:

• familiarisation visits to improve understanding of a State's policies and

procedures for outer space activities;

• expert visits to space launch sites, flight control centres, and other outer space

infrastructure facilities;

• observations of launches of space objects; 

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• demonstrations of rocket and other space-related technologies, in line with

existing multilateral commitments and export control regulations;

• dialogues to clarify information on outer space activities; and

• thematic workshops and conferences on the exploration and use of outer space.

80 7. Consultation Mechanism

81 7.1. Without prejudice to existing consultation mechanisms provided for in Article

IX of the Outer Space Treaty of 1967 and in the relevant provisions of the ITU

Constitution and Radio Regulations, the Subscribing States resolve to implement the

following consultation mechanism:

82

• A Subscribing State or States that may be directly affected by certain outer space

activities conducted by another Subscribing State or States and has reason to

believe that those activities are, or may be contrary to this Code may request

consultations with a view to achieving mutually acceptable solutions regarding

measures to be adopted in order to prevent or minimise the potential significant

risks of damage to persons or property, or of harmful interference to a

Subscribing State’s outer space activities.

83 • The Subscribing States involved in a consultation process resolve to:

84 o consult through diplomatic channels or by other methods as may be

mutually determined; and

85 o work jointly and cooperatively in a timeframe sufficiently urgent to

mitigate or eliminate the identified risk initially triggering the

consultations.

86 • Any other Subscribing State or States which has or have reason to believe that

its or their outer space activities would be directly affected by the identified risk

may take part in the consultations if it or they request so, with the consent of the

Subscribing State or States which requested consultations and the Subscribing 

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State or States which received the request.

87 • The Subscribing States participating in the consultations resolve to seek

mutually acceptable solutions in accordance with international law.

88 7.2. In addition, Subscribing States may propose to create, on a voluntary and caseby-case

basis, missions to analyse specific incidents affecting space objects, based

on objective information, with a view to draw lessons for the future. These missions,

to be established by consensus by the Meeting of the Subscribing States and carried

out by a geographically representative group of experts, endorsed by the involved

Subscribing States, should utilise information provided on a voluntary basis by the

Subscribing States, subject to applicable laws and regulations. The findings and any

recommendations would be of an advisory nature and could be shared, with the

consent of the Subscribing States involved, with other Subscribing States.

89 IV. Organisational Aspects

90 8. Meeting of Subscribing States

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8.1. The Subscribing States decide to hold regular meetings annually to define,

review and further develop this Code and facilitate its implementation. Additional

meetings may be held if decided by consensus of the Subscribing States at previous

meetings or as communicated through the Central Point of Contact.

The agenda of such meetings could include:

• review of the implementation of the Code;

• modification of the Code;

• discussion of additional measures which may be necessary, including those due

to advances in the development of space technologies and their application; and

• establishing procedures regarding the exchange of notifications and other

information in the framework of the Code.

92 8.2. The decisions at such meetings, both substantive and procedural, are to be taken

by consensus of the Subscribing States present. Decisions with regard to any 

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modification of the Code taken at such meetings are to apply after written consent is

received by the Central point of Contact via diplomatic note from all Subscribing

States.

93 8.3. At the end of each regular meeting the Subscribing States are to elect by

consensus their Chair for the period until the end of the next regular meeting.

The chair of the first meeting is to be elected at the beginning of this meeting.

94 8.4. The Subscribing States may decide to submit the outcomes of the Meeting of

Subscribing States to the attention of relevant international fora including the United

Nations General Assembly, the Committee on Peaceful Uses of Outer Space and the

Conference on Disarmament, according to their rules of procedure.

95 9. Central Point of Contact

96 9.1. A Central Point of Contact is to be designated by the Subscribing States at the

first Meeting of the Subscribing States and tasked with:

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• receiving and communicating notifications that a State subscribes to the Code;

98 • serving as a mechanism to facilitate communication of information exchanged

under the Code to all Subscribing States;

99 • serving as secretariat at the Meetings of Subscribing States;

100 • maintaining an electronic database and communications system;

101 • exercising organisational functions in connection with the preparation and

implementation of familiarisation activities referred to in section 6.4., if and to

the extent requested by Subscribing States involved; and

102 • carrying out other tasks as decided by the Meeting of the Subscribing States.

103 9.2. The Subscribing States resolve to create an electronic database and

communications system, which would be used to:

104 • collect and disseminate notifications and information submitted in accordance 

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with this Code; and

105 • serve as a mechanism to channel requests for consultations.

106 9.3. The electronic database is to be used exclusively in the interests of the

Subscribing States.

107 9.4. In implementing the Code of Conduct, the Subscribing States and the Central

Point of Contact shall endeavour to make the best use of existing facilities and

available services.

108 10. Participation by Regional Integration Organisations and International

Intergovernmental Organisations

109 In this Code, references to Subscribing States are intended to apply, upon their

subscription to the Code:

110

• To any regional integration organisation which has competences over matters

covered by this Code, without prejudice to the competences of its member

States.

111 • With the exception of Sections 8.2 and 8.3: To any international

intergovernmental organisation which conducts outer space activities

if a majority of the States members of the organisation are Subscribing States to

this Code.