by Gurbir Singh
Receive an uplinked signal from earth stations
Change the frequency of the received signal
Amplify the signal
Retransmit the signal back to Earth for end users or another earth station.
Modern satellites have Regenerative Transponders. These are transponders that provide more complex processing and offer multiplexing, compression and multiple audio and video channels.
The UN's International Telecommunications Union allocates not only GEO slots but also radio frequencies for use by private suppliers and countries. Because the demand for frequencies is extremely high, two technical solutions are commonly implemented for frequency reuse:
Polarisation: A communication signal at one frequency can have vertical or horizontal polarisation. By using the polarisation attribute, a single frequency can be used to carry two sets of signals (for example, two TV stations at the same time) in the same geographic area without generating interference.
Spot beams: A satellite in orbit can use the same frequency to carry different information at the same time by focussing its transmissions to small areas on Earth (for example, Kerala and Maharashtra). As the two footprints do not overlap, there is no interference. This technology was a major step in the development of cellular mobile phone technology.
International Treaties
International laws that describe how nations access, use and explore space are defined predominantly by five treaties that have emerged from the United Nations General Assembly over the last fifty years. UN's 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. It is the primary treaty that forms a general legal framework for developing the law of outer space. The four other treaties deal specifically with certain concepts included in the 1967 Treaty. Each treaty is preceded within the UN by a formal resolution(s) voted on by member states and then a declaration of legal principle(s). Once the treaty is established it then up to individual states to formally sign, ratify and establish local laws to implement it.
Treaty
Date
No. of Articles
India’s Status
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Sometimes abbreviated to the Outer Space Treaty.
10/10/67
17
Ratified
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. Sometimes abbreviated to the Rescue Agreement.
3/12/68
10
Ratified
Convention on International Liability for Damage Caused by Space Objects. Sometimes abbreviated to The Liability agreement.
1/9/72
28
Ratified
Convention on Registration of Objects Launched into Outer Space.
1/9/76
12
Ratified
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. Sometimes abbreviated to the Moon Treaty
11/7/84
21
Signed but not ratified
The Outer Space Treaty is 50 years old in 2017 and the subject of fresh debate. As the private sector engages in commercial operations such as space launch service, asteroid mining, space tourism and exploitation of the lunar resources, governments will enact national laws to implement the OST. Commercial entities are preparing to invest in commercial ventures but will want legal clarity before they proceed. It is not clear how, if at all, the treaty will be amended, which nations will choose to abide by it or declare that they will not. Of particular interest and areas of contention, include:
Outer Space Treaty
Article 6 of the OST requires individual states to “authorise and supervise” all space activities conducted by “non-governmental entities” in their jurisdiction. This could become be a huge burden for governments and businesses.
Article 7 commits a launching state to international liabilities for physical damages caused by its space objects. The complex international agreements behind space missions today (spacecraft built by one nation, launched by another and operated by yet another) could result in complex and unclear legal obligations.
Article 12 requires that “installations, equipment and space vehicle on the Moon” belonging to one nation shall be open to visits by others on the basis of reciprocity. Space is becoming a source of interest for national security for many nations. This article may be a source of contention as nations innovate and develop new technologies with potential military use not envisaged at the time the Moon Treaty was written. For example, the treaty of Versailles that ended the First World War placed limits on weapons that Germany could have and deploy. These restrictions did not extend to rockets (i.e. V1 and V2) for military use because they had not been invented when the treaty was signed.
Moon Treaty
Article 3 of the Moon Treaty explicitly prohibits nuclear weapons in space (on the Moon or in lunar orbit) but does allow for the use of military personnel participating in scientific research. This potential ambiguity could be exploited by some states as for example commercial whaling in pursuit of “scientific research” has been on Earth.
Article 7 requires that States operating on the Moon shall maintain the “existing balance in its environment” avoid “harmful contamination”. What constitutes a “balance” and a “harmful contamination” will probably be open to interpretation by each member state.
Article 8 Asserts that States that launch spacecraft and personnel shall "retain jurisdiction and control over any personnel”. This requirement could undermine UN’s Human Rights Act which for example, protects the rights of individuals from one nation to seek asylum in another.
Article 11 states that “Neither the surface nor the subsurface of the Moon, nor any part thereof or natural resources in place, shall become property of any State”. This could mean that state run organisations cannot engage in commercial mining operations. Private business investors too may seek legal assurances prior to investing in missions to exploit minerals on asteroids and the lunar surface.
Individual nations can formally choose to sign and ratify these treaties. Although not all member states sign and ratify all treaties, most do adhere to them. The distinction between terms, such as signed, ratified and accessioned, is described here: http://ask.un.org/faq/14594. A status of which nations have signed which treaty is maintained by the UN here http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/status/index.html.
The following section summarises some of the contents of the five treaties. Full text is available here http://www.unoosa.org/pdf/publications/STSPACE11E.pdf.
Outer Space Treaty
Article No.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Also known as the Outer Space Treaty.
1
The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.
2
Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
3
States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international cooperation and understanding.
4
States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or
any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.
5
States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle.
6
States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty.
7
Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the Moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons by such object or its component parts on the Earth, in airspace or in outer space, including the Moon and other celestial bodies.
8
A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body.
9
In the exploration and use of outer space, including the Moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of cooperation and mutual assistance and shall conduct all their activities in outer space, including the Moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty.
10
In order to promote international cooperation in the exploration and use of outer space, including the Moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the Treaty to be afforded an opportunity to observe the flight of space objects launched by those States. The nature of such an opportunity for observation and the conditions
11
In order to promote international cooperation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space, including the Moon and other celestial bodies, agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities.
12
All stations, installations, equipment and space vehicles on the Moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.
13
The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the Moon and other celestial bodies, whether such activities are carried on by a single State Party to the Treaty or jointly with other States, including cases where they are
14
This article describes the 6 steps on how States manage the administrative process associated with the treaty.
15
Any State Party to the Treaty may propose amendments to this Treaty.
16
Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.
17
This Treaty, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.
Rescue Agreement
Article
No.
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space
Also known as the Rescue Agreement
1
Each Contracting Party which receives information or discovers that the personnel of a spacecraft have suffered accident or are experiencing conditions of distress or have made an emergency or unintended landing in territory under its jurisdiction or on the high seas or in any other place not under the jurisdiction of any State shall immediately: (a) Notify the launching authority (b) Notify the Secretary-General of the United Nations.
2
If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party, it shall immediately take all possible steps to rescue them and render them all necessary assistance.
3
If information is received or it is discovered that the personnel of a spacecraft have alighted on the high seas or in any other place not under the jurisdiction of any State, those Contracting Parties which are in a position to do so shall, if necessary, extend assistance in search and rescue operations for such personnel to assure their speedy rescue.
4
If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party or have been found on the high seas or in any other place not under the jurisdiction of any State, they shall be safely and promptly returned to representatives of the launching authority.
5
This article covers 5 steps that States should follow when they become aware of space objects have returned to their territory.
6
For the purposes of this Agreement, the term “launching authority” shall refer to the State responsible for launching, or, where an international intergovernmental organisation is responsible for launching, that organisation, provided that that organisation declares its acceptance of the rights and obligations provided for in this Agreement and a majority of the States members of that organisation are Contracting Parties to this Agreement and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
7 - 10
These articles describe steps on how States manage the administrative process associated with the treaty.
Liability Agreement
Article No.
Convention on International Liability for Damage Caused by Space Objects. Also known as the Space Liability Agreement
1
This article provides the formal definitions for damage, Launching, Launching State and Space Object.
2
A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the Earth or to aircraft in flight.
3
In the event of damage being caused elsewhere than on the surface of the Earth to a space object of one launching State or to persons or property on-board such a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible.
4
In the event of damage being caused elsewhere than on the surface of the Earth to a space object of one launching State or to persons or property on-board such a space object by a space object of another launching State, and of damage thereby being c
aused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State.
5
Whenever two or more States jointly launch a space object, they shall be jointly and severally liable for any damage caused.
6 -20
This article describes how culpability of damage is established, liability may be limited and claims for compensation may be processed.
21 -24
This article describes how large-scale damage should be addressed along with existing international law.
25-28
These articles describe steps on how States manage the administrative process associated with the treaty.
Registration Convention
Article No.
Convention on Registration of Objects Launched into Outer Space
Also known as the Registration Convention