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									                       Project 2001 Plus
                          Workshop on
     „Current Issues in the Registration of Space Objects“
                  20/21 January 2005, Berlin

           Genesis and background of the
  UNCOPUOS Legal Subcommittee agenda item on
“Practice of States and international organizations in
              registering space objects”

                     Dr. Kai-Uwe Schrogl
                             DLR



                                                             1
1. European proposal for improving the Registration Convention
   in UN Doc. A/AC.105/C.2/L.211/Rev.1 of 30 March 1998

  Containing suggestions i. a. for:
   - implementing time limits for registration
   - a review of the concept of the “launching State”
   - application of the Registration Convention
     by international organizations




                                                                 2
2. Legal Subcommittee Workplan with Working Group on the
   “Review of the concept of the „launching State‟” 2000-2002

  Questions discussed:
   - issues related to territories and facilities
   - “procuring” the launch
   - reusable launch vehicles
   - jurisdiction and control
   - international organizations




                                                                3
UNGA Resolution 59/115 of 10 December 2004
“Application of the legal concept of the „launching State‟”

Operative part of the Resolution:

The General Assembly

1. Recommends that States conducting space activities, in fulfilling their
   international obligations under the UN treaties on outer space, in particular
   the Outer Space Treaty, the Liability Convention and the Registration
   Convention, as well as other relevant international agreements, consider
   enacting and implementing national laws authorizing and providing for
   continuing supervision of the activities in outer space of non-governmental
   entities under their jurisdiction;

2. Also recommends that States consider the conclusion of agreements in
   accordance with the Liability Convention with respect to joint launches or
   cooperation programmes;
                                                                                   4
3.  Further recommends that the COPUOS should invite Member States to
    submit information on a voluntary basis on their current practices
regarding        on-orbit transfer of ownership of space objects;

4.   Recommends that States consider, on the basis of that information, the
     possibility of harmonizing such practices as appropriate with a view to
     increasing the consistency of national space legislation with international
     law;

5. Requests the COPUOS, in making full use of the functions and resources
of the Secretariat, to continue to provide States, at their request, with
relevant information and assistance in developing national space laws based
on the relevant treaties.




                                                                                   5
3. US initiative through non-paper during the last year of the
   workplan on the Launching State, April 2002

  Draft for a “Working paper concerning a new agenda item on practice
  of States and international organizations in registering space objects”
  - clarification of domestic criteria for including objects on the US
      registry
  - no inclusion on its Registry of non-Us payloads that are launched
      from US territory or facilities

  In addition, expressions by further States
  - UK in UN Doc. ST/SG/SER.E/417/Rev.1 of 3 December 2002
  - NL in UN Doc. A/AC.105/806 of 22 August 2003




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4. Legal Subcommittee Workplan with Working Group on
   “Practice of States and international organizations in registering
   space objects” 2004-2008

  Contents:

   2004: Presentation by Member States and international organizations of
   reports on their practice in registering space objects and submitting the
   required information to the Office of Outer Space Affairs for inclusion on
the       Register

  2005: Examination by a working group of the reports submitted by Member
  States and international organizations in 2004

  2006: Identification by the working group of common practices and drafting
  of recommendations for enhancing adherence to the Registration
Convention

  2007: Report to the COPUOS
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