The International Space Station Intergovernmental Agreement

Transcription

1 The International Space Station Intergovernmental Agreement Prof. Joanne Irene Gabrynowicz, Director Editor-in in-chief, Journal of Space Law Beihang University - BUAA Space Law Seminar Beijing, China 25 June 2010

2 The International Space Station (ISS) 1

3 View of ISS after STS-130 Undocking NASA 2

4 The International Cooperation 3

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6 The View from the International Space Station 5

7 Aurora Australis Observed from the ISS, NASA 6

8 The International Space Station Intergovernmental Agreement (ISS IGA) 7

9 ISS IGA Partners Government of U.S. Government of Japan Government of Canada Government of the Russian Federation European Governments acting collectively as one partner 8

10 International Space Station IGA First IGA signed in 1988 US, Europe, Japan, and Canada Cold War, negotiated by Reagan Administration IGA and US-Russia Interim Agreement Second IGA signed January 29, 1998 U.S., Europe, Japan, Canada and Russia Post Cold War, negotiated by Clinton Administration

11 International Space Station IGA Agreement Components IGA MOUs Letters of agreement Implementing agreements

12 International Space Station IGA IGA Top-level political commitments, 16 nations Broad principles of cooperation Multilateral, government-level executive agreement Binding on U.S. as executive order Requires "good faith" execution Some partners consider it a treaty Provisions for government level agreements, e.g. customs

13 International Space Station IGA MOUs Bilateral agreements between NASA and its counterpart agencies Detailed provisions on management, operation and utilization

14 ISS Intergovernmental Agreement NASA/ESA MOU NASA/CSA MOU Europe Canada US IGA Japan MOU NASA/STA 13

15 IGA and the US - Russia Interim Agreement NASA/ESA MOU MOU Europe Canada IGA Japan US US/NASA Interim Agreement NASA/CSA MOU NASA/STA Russia/RSA 14

16 ISS IGA 1998 to Present NASA/ESA MOU NASA/CSA (ITALY) MOU Europe Russia Canada IGA Japan US NASA/ASI NASA/GOJ Side Agreements MOU MOU NASA/AEB NASA/RSA (BRAZIL) 15

17 ISS IGA: Main Bodies of Law Jurisdiction Tort Intellectual property Criminal

18 ISS IGA: Jurisdiction Each partner registers own element has jurisdiction over own nationals Transfer of ownership doesn t t affect rights and obligations requires prior consent of other partners

19 ISS IGA: Jurisdiction U.S. Management Responsibilities Own program Overall coordination and direction of station program system engineering and integration safety requirements and plans station utilization

20 ISS IGA: Jurisdiction Other Partners Responsibilities Own programs Own system engineering and integration of own elements safety requirements and plans respective utilization Support US in overall responsibilities

21 ISS IGA: Jurisdiction Station Utilization Partners retain element use subject to specific resource allocations by MOU May barter or sell allocations Case-by by-case terms determined by parties

22 ISS IGA: Jurisdiction Station Utilization Each partner may select users for its allocation Except nonpartner or nonpartner entity requires prior consent from other partners And sponsoring partner must determine if use is peaceful Infrastructure resources can not be denied Shall avoid causing serious adverse effects

23 ISS IGA: Tort Law Liability Cross - Waivers Partner-State A Cooperating agency Partner-State B Cooperating agency Contractors Subcontractors CLAIMS Contractors Subcontractors Users/customers Users/customers

24 ISS IGA: Tort Law Liability Cross - Waivers IF claim arises from protected space operations Includes all launch vehicle, station, and payload activities on Earth, in space, or in transit between Earth and space Excludes all activities on Earth conducted on return from the station to develop further payload s s product 23

25 ISS IGA: Tort Law Does Not Waive Domestic claims between and among partner-states and own entities Causes of action by natural person for injury or death Willful misconduct Intellectual property claims 24

26 ISS IGA: Intellectual Property Exchange of Data and Goods Among partners as necessary to fill responsibilities Unrestricted exchange of interface, integration and safety data Consistent with national laws Partners best effort to facilitate requests among own entities National law applies to transfers 25

27 Restricted transfers ISS IGA: Intellectual Property Exchange of Data and Goods export control, proprietary, classified Transfer requires ID and notice; agreement of both parties if data if classified Transfer to ESA deemed transfer to ESA, all European partner States and their entities 26

28 ISS IGA: Intellectual Property Location of Discovery or Inventions Activity in/on element deemed occurs in registry state territory only Participation of non-territorial entity does not change jurisdiction of territorial state Temporary presence of objects in/on element not basis of patent infringement For European element, any European Partner State may deem activity within its territory 27

29 ISS IGA: Criminal Law Jurisdiction Each partner has jurisdiction over own elements and personnel If misconduct endangers safety of other national or element, perpetrator s s nation shall consult with affected state Affected state may exercise criminal jurisdiction if perpetrator s s nation either agrees or fails to assure it will prosecute 28

30 If ISS IGA: Criminal Law Jurisdiction Extradition A Partner requires extradition treaty to meet extradition request And it doesn t t have a treaty with the State making the request, then the Partner receiving the request May regard IGA as legal basis for extradition for on- orbit misconduct 29

31 Questions? Comments? Res Communis Blog: A blog on the legal aspects of human activities using aerospace activities