DOI: 10.5553/IISL/2022065005005

International Institute of Space LawAccess_open

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Rights and Obligations in International Consultation for Establishing Safety Zones in Outer Space

Keywords Safety zone, Area centric, Object-centric, sovereignty, area control
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    There is no doubt that the concept of safety zones in outer space embraces the safety of activities in space but discourages any notion of space hegemony. This idea has already found application in providing clear space or separation for safety in aviation, safe distance at launch pads, and safety bubbles for conjunction assessment around spacecraft. Another analogy is the no-fly zone or Air Defense Identification Zone (ADIZ), sometimes established unilaterally. The differences among the analogies lie in their operational nature. An object-centric safety zone, such as separation or a bubble, can be seen as an extension of the current operation of spacecraft where established practices exist. The other is an area-centric zone, no-fly zone, or ADIZ, a novel concept applied in outer space; it requires deep scrutiny. This paper discusses the legality of the two types of safety zones under the UN Space Treaties, inter aria, regarding the rights and obligations specified in Article IX of the Outer Space Treaty (OST). Establishing a safety zone can be interpreted as a declaration of hazardous activities by the establishing State. In theory, the state establishing the safety zone acts as the area controller of the ADIZ and deny entry to the zone. This may be unacceptable under OST Article 2. Even in an area-centric safety zone, the innocent passage of another state’s vehicle through a zone should be granted. In other words, a safety zone needs to be an area without a general coercive authority. Consequently, Article IX is the only requirement imposed on a State to establish a safety zone. This Article imposes the obligation of consultation of the state conducting space activities potentially harmfully interfering with another state’s activities. The Article also acknowledges the right of the affected state to request a consultation with the conducting state. Through a conceptual analysis of the legality of acts of those players, this paper describes the burden of risks of the state establishing the safety zone and the state passing through them. The final goal of this paper is to identify legally desirable conditions for establishing and operating safety zones in outer space.

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