Holistic Approach to Space Law and Policy Needed for the Space Community

One of the resounding themes of yesterday’s Space Law and Policy 2010 symposium was that of the need for holistic solutions – that take into account the role of a variety of players- to solve the regulatory issues facing the space community.

The need for increased Space Situational Awareness (SSA) to avoid scenarios like the Iridium-Cosmos collision of February 2009 is one such issue that affects every satellite operator on the planet. The founders of the Space Data Association aim to complement the government services that track objects on orbit by establishing exchange of data procedures and providing conjunction analysis for commercial operators. Richard DalBello, Vice President of Intelsat General, explained how this approach would help address some of the limitations of the U.S. Strategic Command’s (StratCom’s) Space Surveillance Network, including the fact that the data StratCom makes public is incomplete or “dumbed down,” while not ignoring the concerns that call for such measures: “you [as a satellite operator] get information relevant to your satellite; no one’s downloading the entire database.”

Restrictions on satellite exports under the International Trade in Arms Regulations (ITAR) was another major topic. ITAR and export control reform were mentioned repeatedly during a panel composed of representatives of key U.S. companies answering the question – what keeps you up at night? The implications of ITAR require both education and translation for the investment community that the commercial sector depends on, explained Alexandra (Sasha) Field, Senior Vice President and Deputy General Counsel of TerreStar Networks. Education is key not only between industry and investors, but also between industry and regulators. Dean Manson, Senior Vice President of Hughes Network Systems, called it a “dual educating process” and said that industry also needs to “look inward” to understand how Washington works.

While export control reform is underway, discussions over the possibility of reforming the underlying international legal regime based on the 1967 Outer Space Treaty are still ongoing. Some argue the existing regime is sufficient to ensure the free and safe access of all countries to space, while others point to the need to ensure the rights of private actors in space and look to international measures to do so. Ken Hodgkins, from the U.S. Department of State, responded to a question about the possibility that the Obama Administration may reverse the Bush Administration’s policy against new international regulations saying that existing laws were “insufficient in some respects” due to the “changing nature of space activities” and that there are “gray areas that need to be looked at.” Ben Baseley-Walker, Legal and Policy Advisor for the Secure World Foundation, in turn, expressed enthusiasm at the Obama Administration’s “greater willingness to engage” with the international community.

Although some resistance to change can be expected, many are criticizing the long tradition of overhauling U.S. space policy each time a new Administration comes into office. Phil Meek, U.S. Air Force (ret.), said the constant reorganizations were akin to the process of getting a new commander: “by the time you get through the learning period, a new [one] comes aboard to change everything.” President Obama has pushed for change, particularly in NASA’s exploration program with the transformation of the Constellation Program and a renewed focus on technology development. NASA Deputy Administrator Lori Garver, who gave the last keynote speech of the event, argued that the President’s proposals – while definite changes – do not veer far from NASA’s foundational mandate in the 1958 National Aeronautics and Space Act. The FY2011 proposals follow the original goals “laid down in the founding document.” The President’s commitment to supporting the commercial sector is not new, she explained, but the focus on commercial procurement is – by providing sufficient resources up front and a guaranteed market.

The Space Act also directed the United States not to explore space alone, said Ms. Garver, and by providing funds not only for the continuation of the International Space Station, but for its increased utilization, the FY2011 proposal does just that. This cooperative initiative seeks to enhance a tradition that in the last 50 years has led to more than 3,000 agreements with more than 100 nations. This, she added, is just one of the benefits of the new proposal that seeks to “take us even further” in providing benefits for the country and the world, thus painting the “big picture.”

Space Law and Policy 2010 was the first International Institute of Space Law (ISSL) – International Academy of Astronautics (IAA) Symposium, in partnership with Secure World Foundation, Arianespace and the European Space Policy Institute. The event brought together experts from law, policy, military and academia to look at developments and challenges in the regulatory environment of U.S. space activities.