Space Development and Law in Asia

서지정보

· 발행기관 : 한국항공우주정책⋅법학회
· 수록지 정보 : 항공우주정책 ·법학회지 / 28권 / 2호 / 349 ~ 384페이지
· 저자명 : 조홍제

초록

The Sputnik 1 launching in 1957 made the world recognize the necessity ofinternational regulations on space development and activities in outer space.
The United Nations established COPUOS the very next year, and adopted themandate to examine legal issues concerning the peaceful uses of outer space.
At the time,the military sector of the U.S.A. and the Soviet Union were in charge of the space development and they were not welcomed to discuss the prohibition ofthe militaryuses of outer space at the legal section in the COPUOS. Although both countrieshad common interests in securing the freedom of military uses in outerspace. Asthe social and economic benefits derived from space activities havebecome more apparent, civil expenditures on space activities have continued toincrease in several countries.
Virtually all new spacefaring states explicitly place a priority on space-basedapplications to support social and economic development. Such space applicationsas satellite navigation and Earth imaging are core elements of almost every existingcivil space program. Likewise, Moon exploration continues to be a priority for suchestablished spacefaring states as China, Russia, India, and Japan. Recently,Companiesthat manufacture satellites and ground equipment have also seensignificant growth.
On 25 February 2012 China successfully launched the eleventh satellite for itsindigenous global navigation and positioning satellite system, Beidou. Civil spaceactivities began to grow in China when they were allocated to the China Great WallIndustry Corporation in 1986. China Aerospace Corporation was established in1993,followed by the development of the China National Space Administration.
In Japan civil space was initially coordinated by the National Space ActivitiesCouncil formedin 1960. Most of the work was performed by the Institute of Space and AeronauticalScience of the University of Tokyo, the National AerospaceLaboratory, and, mostimportantly, the National Space Development Agency.
In 2003 all this work was assumed by the Japanese Aerospace Exploration Agency(JAXA). Japan eases restrictions on military space development. On 20 June 2012Japan passed the Partial Revision of the Cabinet Establishment Act, whichrestructured the authority to regulate Japanese space policy and budget, includingthe governance of the JAXA. Regulation of space policy and budget will be handed over to the Space StrategyHeadquarter formed under the Prime Minister’s Cabinet. Space Strategy will besupported by a Consultative Policy Commission as an academics and independentobservers. By revoking Article 4 (Objectives of the Agency) of a law that previously governedJAXA and mandated the development of space programs for “peaceful purposes only,”the new legislation demonstrates consistency with Article 2 of the 2008 Basic SpaceLaw. In conformity with the principles laid down in the 1967 Outer Space Treaty JAXA is now free to pursue the non-aggressivemilitary use of space. New legislationis the culmination of a decade-long processthat sought ways to “leverage Japan’sspace development programs andtechnologies for security purposes, to bolster thenation’s defenses in the face ofincreased tensions in East Asia.” In this connectionit would also be very importantand necessary to create an Asian Space Agency(ASA)for strengtheningcooperation within the Asian space community towards joint undertakings.

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