Outer Space: Committee on the Peaceful Uses of Outer Space, Legal Subcommittee, 64th session, 1085th meeting

Distinguished delegates, I apologize for this late start to the 1085th meeting of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space. Which I now declare open. Distinguished delegates, this afternoon we will continue our consideration of agenda item three, and then we will focus on agenda item eight, especially to inform delegations of the nominations for the vice chair of the working group. on legal aspects of space resource activities. We will continue then our consideration of agenda item 11, general exchange of views on the legal aspects of space traffic management, upon the request from Germany. We will then continue with agenda item 12, and we will start agenda item 13. That's the application of international law to small satellite activities, agenda item 12. And then agenda item 13, proposals to the Committee on the Peaceful Uses of Outer Space for new items to be considered by the legal subcommittee at its 65th session. Then we will adjourn the plenary meeting so that The Working Group on the Status and Application of the 5 United Nations Treaties on Outer Space can hold its 4th meeting. There will be no technical presentations this afternoon. If there are no questions or comments on this proposed schedule, then let us continue with Agenda Item 3. Delegates, given that there are no comments, let us go on to agenda item 3 and the list of speakers. The first speaker on my list is the distinguished representative of Switzerland. You have the floor.

Chair, it's a pleasure to see you chairing our work once again. The Swiss delegation thanks you and UNUSA for the excellent preparation of this session. Switzerland is proud to have contributed to co-founding the European Space Agency 50 years ago. We welcome the success of the European Space Agency in Spain and its benefits on Earth, as well as its exemplary conduct as a responsible space actor through development, respect, and the promotion of international law. Switzerland is party to the 4 main UN space treaties undertaken by COPUOS, notably the founding treaty in 1967, and today we are working on a national law on space operations. A draft bill was adopted by the Federal Council in January 2025 and submitted to public consultation, which lasted for 3 months and ended on the 6th of May. That law will regulate issues of authorization and oversight of space activities and liability in the event of damage. It will also provide the national legal basis necessary for the registration of space objects. It is anticipated that it will go before Parliament in 2026. More details are available on our website, www.swiss-space-law.admin.ch. Switzerland thanks UN-USA and the United Kingdom for organizing the workshop on the registration of space objects, which we are participating in this week with interest. Switzerland's space policy adopted in 2023 by the Federal Council anticipates Swiss— Switzerland's participation in global governance and the development of international regulations for space. Switzerland supports, for example, regulations, rules, and principles of responsible behavior, as well as the negotiation of a legally binding instrument to prevent an arms race in space. We are committed to the respect of international law, including humanitarian law in space, and we promote safety, security, and long-term sustainability of space activities. Switzerland welcomes the adoption of the Pact for the Future in September 2024. It thanks the Secretariat for preparing a non-paper on the modalities of organizing a Unispace 4 conference as recommended in Action 56 of the Pact. Aware of budgetary restrictions and the liquidity crisis affecting the UN, Switzerland prefers a format which will enable us to reach specific results in an effective way, especially for traffic, waste, and resources in space. Concerning space traffic, my delegation supports Germany's initiative to create a study group on the legal aspects of space traffic, and we are co-sponsoring the initiative. Switzerland also supports the establishment of a group of experts as proposed by the UAE for the Scientific and Technical Subcommittee on Space Situational Awareness. Those 2 initiatives are very timely and complement each other. Appreciation is also due to the Office of Outer Space Affairs for regularly organizing events on these subjects. Regarding the work of the Working Group on the Legal Aspects of Space Resources, Switzerland would like to thank Stephen Freeland of Australia, the new chair of the group, for having led the work since the tragic death of our chair, Ambassador Andrzej Mistel of Poland. All our condolences to his family and to the Polish delegation. Switzerland follows with interest discussions on the draft principles prepared on the basis of contributions received from member states and observers. Switzerland would like to thank Germany and Brazil for the way in which they're chairing the Working Group on the Application of the 5 Treaties and the Definition and Delimitation of Outer Space. And we appreciate the exchange of information of Article 11 of the 1967 Treaty. And finally, my delegation Welcomes the briefing organized on May the 14th on the application of due consideration in space. That discussion is relevant in the context of threats in space dealt with also within the UN. Thank you.

Doy las gracias a la distinguida. I thank the distinguished delegate of Switzerland for her statement. And before I conclude this agenda item, as there are no more requests under that agenda item, I would like to give the floor to the Russian Federation, which has requested a right to reply, a right of reply. As this is a request for right of reply, we will give the Russian Federation the floor before we close agenda item 3 for today. I would like to remind delegations that according to our usual practice, the same member state cannot request a right of reply more than twice on the same agenda item in any specific session. So the distinguished representative of the Russian Federation has requested a right of reply. Then we will listen to them before we close this item. The Russian Federation has the floor.

Thank you very much, Chair. Colleagues, good afternoon again. In the current geopolitical context, the politicization of any multilateral formats unfortunately has become the trademark of Western states and their regional unions who have the status of observers to COPUOs. This 64th LSE session was no exception. We've many times stated that the desire of UN member states to more actively participate in the peaceful exploration out of space is to be welcomed. We're sure that any UN member state, including the DPRK, has the right to carry out these activities and to participate in our meetings. Attempts to hamper this we see as a direct violation of fundamental principle of international law, the sovereign equality of states. We think it unacceptable to use the UN COPUOS as a platform for settling political scores. Chairman, the topic of the situation in Ukraine, which basically as a team a number of delegations raised, does not fall under the LSE's purview. We'd like to recall that our subcommittee has been established so as to craft international legal frameworks for outer space activities. As such, it must, in a professional and depoliticized manner, carry out its functions even in a state of geopolitical confrontation. Stunts regarding Ukraine containing distorted assessments simply prove that certain Western countries are trying to turn the LSE into yet another theater of confrontation. We are categorically against this. and decisively condemn the mantra that we've heard about the so-called Russian aggression in Ukraine. We are sure that attempts to divert the subcommittee's attention to non-technical politicized questions is fraught with irreparable damage for its reputation. What effect could Western colleagues be hoping for other than just confrontation as they stubbornly stick to the Ukrainian topic. Chairman, in the subcommittee, Ukraine has said that due to Russia's fault, it is not able to carry out its cause— space and peaceful space potential. We think that that is a fair outcome of its Russophobic policy, as a result of which the Russian rocket and space sectors in Ukraine are used so as to produce military equipment and weapons, and information from foreign satellites is used to carry out strikes against our civilians. However, we're pleased to hear that Ukraine shares the concern regarding the use of outer space data, including civilian and commercial space infrastructure, for military purposes. This is the very leitmotif of the Russian draft resolution to the UN General Assembly entitled Space Science and Technology for the Promotion of Peace. Its purpose is to call the attention of the international community to this very dangerous trend, the further development of which could call into question the sustainability of outer space activities and the attainment of the SDGs with the use of space. space solutions. We call upon all countries interested in retaining outer space as a peaceful environment to join and contribute to the development of the Russian initiative to serve humanity as a whole. In conclusion, allow us to note that the Regional Training Center on Space Science and Technologies, which has been so closely scrutinized, has already been established on the base of the Corporate Academy Roscosmos and is providing services in the Eurasian region and outside of it. Furthermore, the General Assembly, in Resolution 7676 of 2021, noted with satisfaction progress made in the establishment of said center. Any sort of additional agreement or political benediction for the functioning of the center, which falls under the jurisdiction of the Russian Federation, is absolutely not required. We would like our position to be set forth in the report of the subcommittee. Thank you.

Thank you to the distinguished representative of the Russian Federation. Delegates, that brings us to the end of agenda item 3 for today. And let us now go on to agenda item 8, general exchange of views on potential legal models for activities in the exploration, exploitation, and utilization of space resources. And I would like to inform you about the nominations process for Vice Chair of the Working Group On potential legal models for activities in the export, in the use of space resources. As you will remember, we had requested nominations for the chair and the vice chair, and we asked delegations. To let me know whether there was any interest in having a vice chair. We've worked with the chair, and Professor Freeland was appointed chair of the working group, and we just had to see whether there were any nominations for the vice chair of this working group. You will probably recall that today at 1 PM was the deadline for candidates— candidacies. Egypt approached us expressing an interest in a candidate, in nominating a candidate to be vice chair of this working group. So I would like to Let the members of the legal subcommittee. I'd like to inform you of this. So we have the name of the person who would be the vice chair, Mr. Ayman Mahmoud, Senior Director of Space Programs of the Egyptian Space Agency. So I would like to say we have therefore concluded the established procedure, and tomorrow under agenda item 8. The exchange of views on potential legal models for activities in the exploration, exploitation, utilization of space resources. This will then be considered by the legal subcommittee, and we would then approve the composition of the bureau. We have a chair. Professor Friedland and the vice chair with the Egyptian candidate. So distinguished delegates, I don't know if you have any questions or comments. Would anyone like to take the floor? Bien, pues en su caso vamos a suspender. Then we will suspend our consideration of agenda item eight. To go on to— no, apparently we are not. We're not going to suspend it. Egypt has requested the floor. Is it on this agenda item? Because then Indonesia has requested the floor, but that's just on the normal speakers list. Egypt, you have the floor.

Just to appreciate your efforts, as well as the chair of the Working Group for Space Resources. We expressed our interest to take the position of the vice chair, hearing several delegations expressing the interest of having a balanced structure in the Working Group for Space Resources. As we move forward, we'll be happy to further support the work of the Working Group and and consolidate our collective interest in its work as well as the work of the LAC.

Thank you.

Muchas gracias. Thank you. With regards to this point, Canada has the floor.

Yes, thank you, Chair, for informing us of the situation with the composition of the Bureau. And to Egypt for proposing a nominee. Would it be possible, though, to give us a little bit more time to get some more information, perhaps understand who the nominee is, their legal background, a little bit further information before we we take a decision, and perhaps give some delegations the opportunity to consider whether or not. They would like to nominate someone. We didn't have a lot of time, and I know some delegations were debating whether they wanted to advance a nominee but weren't able to do so by 1 PM today. So that would be our 2 requests: one, get some time to familiarize ourselves with the candidates, and 2, see if perhaps the Legal Subcommittee would like to entertain a little bit longer period of nominations in case there's other delegations that are still trying to finalize nominations. Thank you, Chair.

Thank you to Canada for that comment. Would anyone else like to take the floor? China has the floor.

Thank you, Chair, for having informed us of certain developments. We also thank the Egyptian delegation for nominating for the vice chair of the working group. China supports a representative of a developing country to take the position of the vice chair. We believe that a representative from a developing country to be part of the bureau will further balance the discussion of the working group.

Thank you.

Thank you to the distinguished delegation of China. Then I think that we had a procedure that was accepted by all delegations had the possibility to present candidates until 1 PM today. Only Egypt has done it formally, and I think that It was our role to inform you of that. Egypt. Well, the name of the candidate was provided now, like almost right now. Tomorrow. Under agenda item eight, we can consider exactly what Canada is suggesting. We just haven't had time to have information about the candidate, so we can do that tomorrow. Sí, por supuesto, lo que sí le podemos solicitar. And of course, we can request Egypt. To provide more information on their candidate, we would be grateful for that, ready for tomorrow's decision. Thank you. Brazil has the floor, and then Egypt.

Thank you so much, Mr. Chair. Brazil supports this candidacy of the Egypt delegation, so Brazil is totally in support of this. Thank you.

Thank you to Brazil. And now Egypt has the floor.

Thank you so much, Chair, and thanks for the support received. Honestly, that was a very limited time that we were all given. And yes, the candidacy was provided in a very, like, last minute, basically. So the candidate is Ayman Mahmoud, Dr. Ayman Mahmoud. He's the Senior Director of Space Programs at the Egyptian Space Agency, um, and we'll be happy to share his CV to the Secretariat, um, and for those delegations who want more information there. I just want to mention that we're— we provided this candidacy because of your call for, for, for a nomination and the window of time that you provided.

Thank you.

We didn't have even time to do enough, maybe informal consultations with partners and countries here. But we had brief consultation with the chair of the Working Group. And yes, this is only a constructive suggestion to move forward with the composition of the Bureau and looking forward to have the support of the members as well. Thank you.

Thank you to the distinguished delegate of Egypt. And yes, as requested by some delegations, we would appreciate some details of the candidate's CV and Pakistan has requested the floor. Would any other delegation like to take the floor on this point? Okay, Pakistan, you have the floor.

Thank you, Chair, and good afternoon to all colleagues. And we would just like to echo the sentiments that we provide our full support to the nomination of Egypt as Vice Chair for the Working Group. We feel that it represents balance, and we look forward to engaging in further work of the working group. Thank you so much.

Iran has requested the floor.

Thank you, Mr. Chair. Good afternoon, colleagues. In light of the discussions that was going on during the past week with regard to the composition of the Bureau for the Working Group on Space Resource Activities. We have time and again underlined the importance of having a balanced composition in the Bureau, and we are thankful that a member of the developing nations, Egypt in this case, has approached the chair with nominating for the— for taking up this position. So we support having a balanced composition, and we of course note that it is the intention of the Egyptian delegation to further provide the information regarding the candidate, which we trust would be a capable person in order to help the working group to continue its, uh, its activities, and we are wishing all success for the, for the successful candidate, hopefully. Thank you.

Thank you to the distinguished representative of Iran. And now I give the floor to Argentina. And then Mexico.

Thank you, Chair. I don't have instructions yet from capital, but I would like to thank Egypt because I think it is good to have a full bureau with a chair and a vice chair. Thank you. Muchas gracias.

Thank you. I now give the floor to Mexico.

Mexico.

Thank you, Chair. I would just like to repeat what other delegations have said, to thank Egypt for their efforts to provide a candidate within the time limits, which was very short. So we truly appreciate a full bureau and which reflects the different national groups. And as Argentina said, we have not had any information yet from capital, but we would like to applaud the nomination. And of course, we're pleased to see different groups represented. And of course, yes, we would like to see the CV of the candidate, and we'd like to thank the delegation and the Secretariat for sharing that with us when they can. Thank you.

Thank you to Argentina and Mexico. Are there any more comments? Very well, then we will wait now until tomorrow to see the results of the decision. I don't need to remind Egypt that it would be good to have the candidate's CV. Thank you. So now we will go back to the list of speakers, and I would like to give the floor to Indonesia.

Thank you very much, Chair. My delegation associates itself with the statement of G77 in China. Allow us to add our national view as follows. First, the Government of Indonesia welcomes the progress of the discussion on potential legal instrument to regulate the exploration, exploitation, and utilization of outer space resources. As stated in our national statement on Agenda Item 3 of General Exchange Views, our delegation would like to extend our deepest condolences to the passing of former Chair of the Working Group Ambassador Mr. of Poland. We also would like to congratulate Professor Stephen Freeland of Australia as the new elected chair. Furthermore, allow us to extend our appreciation to Professor Freeland for the note and its annex regarding the initial draft sets of recommended principles for space resources activities document A/AC.105. C.2.L.339. In our view, the note could be a good basis of our negotiations. Secondly, regarding substantive matters, we would like to express the following points. A, the issue of relationship with Outer Space Treaty 1967. We are of the view that the possible legal instrument should be a specific spatial legal regime to regulate the exploration, exploitation, and use of outer space resources activities. B, we would like to share our view that while categorization of Part 1 and Part 2 might be helpful to describe the state of play of our negotiations, we believe, however, that the categorization of principles in Part 2 should not mean that these principles are not recognized in international law. Rather, we agree they should be discussed without prejudice to the final text that we are negotiating. We even believe that some principles in Part 2 are necessary to support the safety and sustainable use of outer space and global development and the interests of developing countries. We therefore would like to be happy— we therefore would be happy to discuss more on how to move forward the discussion on part 2. See, the Government of the Republic of Indonesia has submitted its written contribution through a note for Bali 2024, as reflected on the website of the Working Group on Space Resources Activities. Many parts in our inputs have been reflected in the report note. However, there are also some principles that shall that we do not see, and they are not being explicitly reflected in either Part 1 or Part 2. Therefore, we would like to discuss other principles of international law that have not been captured and reflected in Part 2 and Part 1, including but not limited to the good governance principles through an establishment of a specific or spatial management body, the principles of common heritage of mankind and the principle due regards, and the exceptions and flexibility of international intellectual rights law. We are wondering how these principles could also be discussed. Fourth, on the approach issue, my delegation would like to express our views as follows. A, we acknowledge that there are some existing works on space resources including second-track approach conducted by several academic institutions. We are of the view that their works could provide added value to our work in formulating legal principles on space resources activities. Nevertheless, we believe that the identification and formulation of legal principles on space resources activities is still best discussed in an intergovernmental body of the United Nations, namely COPOS. B, the discussion on legal issue of space resources activities should be sufficiently comprehensive, clear, and able to accommodate future legal needs. As we have stated in the last legal subcommittee in 2024, the lex materiae of the sets of legal principles should be comprehensive and sufficiently broad. Therefore, we believe we have to see the legal issues of space resources activities not only from the stage of research, but also the chain process of production, the end product, and its commercialization. We would like to discuss not only the downstream process, but also the upstream process, not only in situ, but also ex situ exploration and use. We welcome further discussion on the issue of environmental safety, intellectual property rights, and related international trade law issues. See, we could support the method of work discussing into a preamble, part, and headings. As we stated during last Friday— last week meeting, the preamble should be clear enough to describe the intentions of the member states, the COPUS member states, the objectives and purposes of such principles. Furthermore, we know in our view the heading does not prevent any member states from suggesting other headings, for instance, if deemed necessary in the future when certain issues arise that are not captured in the existing headings. D, we would like to suggest that we could discuss further steps to advance our negotiation on the text after this LSS meeting. In line with the work plan of the working group, we encourage the chair to also give us more detail plans at least up to 2026. Fifth, lastly, as we heard that Egypt has proposed its candidacy, we have not got any response from capital, but we have reported informally and we have taken the candidacy. And as we have stated in the meeting, especially last week, Indonesia would support the candidate of member states from developing countries. We take note that there should be balance between the representative of chair and vice chair. And also we take note, Chair, that probably in the future we have to set also procedural issue. Probably we have to set a certain time of candidacy or proposing a candidate either vice or the chair of this working group.

Thank you, Chair.

Muchas gracias. Thank you to the distinguished delegate of Indonesia for his statement. And now I will give the floor to Germany.

Thank you, Mr. Chair. Honorable Chair, distinguished delegates, outer space shall be free for exploration and use by all without discrimination. While Article 1 of the Outer Space Treaty grants the freedom to explore and use outer space, it also calls upon us to use space responsibly. We believe that this can be most appropriately achieved through international management of space traffic, referring to the entirety of coordinated international efforts, policies, legal regulations, standards, technologies, and strategies designed to ensure the safe, sustainable, and efficient operation of objects in space, and particularly in Earth orbit. Last year, we proposed a way forward for this legal subcommittee to take concrete steps to address legal and policy aspects of space traffic. We appreciate the positive attitude towards and support expressed for our idea to establish a study group on legal and policy aspects of space traffic. We continue to believe that it is high time for COPUS and its subcommittees to address the urgent challenges posed by the ever-increasing amount of traffic in space, be it launches, satellites, or remains of past space activities. The task before us is not easy and requires that we join efforts in a constructive manner to tackle it comprehensively. In this regard, Germany welcomes the initiative by the United Arab Emirates to establish a dedicated mechanism on SSA and the leadership shown by India at the LTS Working Group, both at the SDSC. COPUS needs the expertise of both of its subcommittees to address space traffic, and it is by cooperation that we enable progress. Honorable Chair, distinguished delegates, taking into account the feedback we received from so many of you, we refined our concept and together with Australia, Austria, Belgium, Brazil, the Czech Republic, Finland, Greece, Italy, Mexico, the Kingdom of the Netherlands, New Zealand, Norway, Portugal, Romania, South Africa, Switzerland, and the United Arab Emirates, submitted it as Conference Room Paper 28. We propose that a study group is established to prepare, within 2 years, a research report on legal and policy aspects of space traffic for the subcommittee to discuss and use it, so far as deemed appropriate, to take next steps. The idea of this study group is not to reinvent the wheel. A lot of work has already been done by members states, regional organizations, as well as academia and other stakeholders. All that work shall feed into the discussions we may have in the future. In order to facilitate the collection of the relevant regulations, policies, best practices, and requirements at the national and regional levels, we— as well as the identification of existing international norms, a questionnaire addressed to all COPUS delegations could be used. We appreciate the broad participation and constructive discussions during the informal consultations held on Wednesday, Friday, and today, and we hope that we may take this as a positive sign that we can reach consensus on how to further the discussion. To facilitate the establishment of the study group at this session, our conference room paper 28 includes possible language for the report of the 64th session of the COPUS Legal Subcommittee, including on the mandate, terms of reference, methods of work, and work plan of the study group, as an annex to this paper. We thank again everyone that engaged so far to find consensus, and we look forward to continue this for this work to be concluded by the time of the report adoption. Thank you very much for your kind attention.

Thank you to the distinguished delegate of Germany. And I know I kind of took you by surprise when I gave you the floor. So we had not yet— well, let's say I gave you the floor Under agenda item 11, space traffic, and yet I hadn't closed agenda item 8 yet. Indonesia was the only speaker on the list for agenda item 8, so I apologize. We are therefore now on agenda item 11. General exchange of views on the legal aspects of space traffic management, and I would like to thank Germany for their statement. And now I will give the floor to Slovenia.

Mr. Chair, distinguished delegates, thank you for granting me the opportunity to contribute to this important dialogue on behalf of the. Republic of Slovenia and share a few important points. Slovenia has long recognized space traffic management as one of the most urgent and pivotal challenges facing the international space community. Since our presidency of the Council of European Union in '21, we have consistently emphasized that ensuring the safety, sustainability, and security of space activities must remain a shared global priority. We firmly believe that outer space must be accessible to all states on the basis of equality and without discrimination, in accordance with international law. The development of a comprehensive, transparent, and inclusive framework for SDM is therefore a vital step towards safeguarding this principle. In this regard, Slovenia welcomed and continues to support the proposal put forward by the United Arab Emirates for the establishment of a dedicated expert group on space situational awareness within the Scientific and Technical Subcommittee. While Slovenia does not currently possess its own national SSA capabilities, this makes us even more aware of the value of shared knowledge about the space environment. We recognize that effective monitoring of space activities is only possible through advanced technical capabilities, and we are deeply appreciative of efforts that promote broader access to such knowledge. We also commend the proposal currently under consideration to establish a dedicated group on the legal and policy aspects of space traffic management. Slovenia strongly supports this initiative. It is time to move beyond general discussions and towards the development of concrete, actionable outcomes that address the legal dimensions of STM in a focused and sustained manner. We extend our sincere thanks to the delegation of Germany for its leadership in bringing this important proposal forward and for encouraging us all to to take this crucial next step. While we fully support the formation of such a group, Slovenia is of the view that the establishment of expert group may offer a more effective and flexible approach, particularly as we look ahead to Unispace 4 in 2027. Past experiences have shown that such groups can deliver meaningful progress and foster the consensus needed to advance shared goals. It is important to underscore that we are not starting from zero. The Scientific and Technical Subcommittee has already developed and adopted the 21 Guidelines for the Long-Term Sustainability of Outer Space Activities, and Slovenia is very proud to have implemented these guidelines into our national space legislation. We encourage all member states to follow suit and implement these important standards at a national level. In conclusion, Slovenia reaffirms, reaffirms its belief that any future regulatory framework for space traffic management must be developed through inclusive international cooperation under the auspices of this committee and in close collaboration with UNUSA, which should play a proactive role. Slovenia remains fully committed to contributing within the scope of our capabilities to all ongoing and future initiatives related to SDM. Gracias, señor presidente, and distinguished delegates, for your kind attention.

Muchas gracias. Thank you to the distinguished representative of Slovenia for her statement. And now I give the floor to Argentina.

Thank you, Chair. Chair, distinguished delegates, most or the most governmental, non-governmental space actors who participate in space activities, some with large satellite constellations, Thank you. Space exploration and space exploration activities mean that there's a growing number of objects in space and therefore more space debris. Then we have missions, manned missions in space, projects to the Moon, Mars, and other celestial bodies. Having a space traffic management system is an urgent necessity because it would enable us to coordinate and make safety-proof operations for launch into space and return to Earth. The adoption of standards, regulations, principles, and practices in space traffic management would not, or should not, limit the equitable and sustainable use for developing countries. We believe that regulations, principles, guidelines, and standards have to guarantee the principle of free access, use, and exploration to all states without discrimination, on an equal footing and in conformity with the Space Treaty and international law. Chair, my delegation believes that the work to be done should include the guidelines of the Committee on the Reduction of Space Debris and Long-Term Sustainability and participation or consultations with ITU. And in this forum, it is here where the international system should be agreed upon so it can be consistently implemented by nations. We also understand that we need information for space traffic management. It has to come from SSA in order to approve— improve the safety of space flights. That information should be available to government operators and non-governmental operators in a portal of free and public access. My delegation had proposed establishing a working group, a study group, is the first step to collect information at national and international level, including standards and regulations and practices, and then continue with space traffic management. Before concluding, we would like to say that as far as possible, we should avoid overlapping activities activities during our session, and perhaps we could have hybrid formats so that all delegations can participate, especially those of limited resources. Thank you.

Thank you to Argentina for her statement. And now I will give the floor to the International Institute of Space Law.

Thank you, Mr. Chair. Your Excellencies, distinguished delegates, ladies and gentlemen, I'm honored to take the floor and share with you the International Institute of Space Law's remarks on space traffic management. The IISL joins the delegations that expressed their support for continuing our consideration of STM. We strongly believe that this dialogue in an international forum such as UN COPUUS must continue. This is true now more than ever. Space traffic remains relevant for the entire global space community. Together, we must work to develop a set of regulatory provisions and standards that are based upon technical capabilities and operational realities. This is what is needed to ensure that all of our operations in space are conducted in a secure and responsible way, and that our return to Earth is also safe. I will briefly recap the Institute's interest and activities with respect to STM. In 2018, the International Institute of Space Law, the International Academy of Astronautics, and the International Astronautical Federation signed a trilateral agreement committing the 3 organizations to collaborate on issues relevant for STM. Following this agreement, IISL established a working group dedicated to STM comprised of international legal experts. The group has presented their work by producing an analysis paper identifying gaps and inconsistencies in the legal framework with respect to authorization and continuing supervision for space activities activities within the context of Article 6 of the Outer Space Treaty. The outcomes of the working group mapped the necessary steps for a successful implementation of STM standards, and the findings of the working group were presented during the International Astronautical Congress in October 2023. Since 2018, the IISL STM working group continued Excuse me, continues to work with colleagues in the IAA and the IAF and is pleased to note the work of the IAF's Technical Committee 26. We are also proud to note that the Institute has made STM a topic of discussion in the ECSL/IISL symposia before it became an agenda item in 2016, when the current IISL president Kayuve Schroegel was Chairman of the Legal Subcommittee. We now approach the 10th anniversary of STM as an agenda item in the LSC. The IISL would like to work with Member States and delegations as they evaluate proposals for an effective mechanism to continue the STM discussion in UN COPUUS. The IISL supports the discussions in the Committee and is happy to contribute to member states in their efforts related to STM governance. And as we plan for UNISPACE IV, let us remember the goodness that UNISPACE III provided to our global space community and the effective methods of work that resulted. Mr. Chair, distinguished delegates, let me conclude by saying that IISL remains committed to contributing our legal and policy expertise on the topic of STM. Our group of experts continues to work, and we remain available to support delegations as Legal Subcommittee chooses its way forward to continue STM discussion. The IISL is proud of our permanent observer role in COPUUS and is ready, willing, and able to connect with all of you and take the work of this committee further in all ways appropriate, whether by contributing to studies or other preparatory work for the consideration of the committee. We look forward to hearing from other delegations about their perspectives and approaches to the legal and regulatory aspects of space traffic management, and we look forward to contributing our expertise where delegations see fitting. Thank you for your kind attention.

Muchas gracias. Thank you to the distinguished representative of the International Institute of Space Law for that statement. And now we will close our consideration of agenda item 11 for this afternoon. And we will continue tomorrow. And distinguished delegates, now I'd like to begin our consideration of agenda item 12, general exchange of views on the application of international law to I'm sorry, the Russian Federation has the floor.

Yes, thank you very much, Chair. Well, we're still on 11. We understand that Germany's statement was on item 11, having to do with the initiative to establish a study group on the legal aspects aspects of matters having to do with space traffic. We would like to thank the group of countries for their initiative, and we take note of it. We see CRP 28. That document, we've looked at it. There's wording there that says the Consensus nature on the basis— on behalf of the subcommittee. And we have questions about that. I'm sure we'll continue work on the document. If it's not during this session of the subcommittee, then I guess it will be in the intersessional. Thank you.

Thank you to the Russian Federation. And now I give the floor to Germany.

Thank you, Chair. We thank the Honourable Delegate from the Russian Federation for their comment. And indeed, this CRP reflects the discussions that were held in 3 informal consultations, and the language reflected therein is the basis on which we try to establish a language that could then be agreed by the subcommittee. Thank you so very much.

Thank you. So let us now I propose we leave agenda item 11 for this afternoon. We'll come back to it tomorrow. And so now let us go on to agenda item 12, general exchange of views on the application of international law to small satellite activities. Distinguished delegates, The first speaker on my list is the Russian Federation.

Thank you very much, Chairman. Each year, space actors in outer space activities deploy An increasing number of multi-satellite systems comprising thousands of small spacecraft. The following reasons are why we should consider small spacecraft as potentially dangerous for the safety of outer space activities. Number 1, small satellites have a brief active lifespan, and as such, they constitute a potential source of space debris. Number 2, Given the small size of these craft, it's hard to notice them, and thus it gives rise to difficulties in surveying their flights or tracing it, which in turn complicates the forecasting of potentially dangerous situations in the near-Earth orbit. There is a trend of using systems comprising a large number of satellites, that is, thousands of small spacecraft, which entails the following adverse consequences: a possible complication of access to outer space, growing threat of the generation of space debris in the most intensively used low-orbit regions of any near-Earth space. There is a growing negative impact on— of satellite systems made of small satellites on astronomical observation conducted by ground-based observatories in the framework of the so-called problem clear, dark, and quiet skies. The analysis of the launch and use of small satellite constellations has led to the following problems being identified. In breach of the requirements of Article 9 of the Treaty of 1967, operators and owners of these systems carry out these activities without taking into account the interests of all other space actors. The consultation mechanism stipulated by Article 9 before the deployment of megaconstellations has not been leveraged. Constellations made up of thousands and possibly even dozens of thousands cannot be flown manually. These systems are managed by AI. Each element or craft from the system independently takes decisions as to which actions, including maneuvering in orbit, it is to, it is to carry out. In this regard, with an increasing number of craft in the constellations, there's an exponential growth in the unpredictability of situations in the most used and of, and critically important Low orbital near-Earth spaces in the context of ensuring the defense and safety of UN member states. With the growing number of spacecraft in constellations, as well as the number of constellations themselves, there is a diminishing of orbital frequencies in the lower regions of the near-Earth space. State entities including military ones of some states, are used— rather, use private or commercial space systems to resolve military objectives, including for the interference into the internal affairs of other states. With respect to any spacecraft, even small ones, there must be full compliance with all norms of international law. This includes, inter alia, compliance with the requirements for registration of spacecraft and the requirements of Article 9 of the OST. Also, when it comes to small satellites on the level of national legislation, it's important that there be an implementation of internationally agreed recommendations. In particular, this would be Guideline B8. This is one of the 21 guidelines on the long-term sustainability of outer space activities. They were adopted on COPUOS and endorsed by the UNGA. This principle contains clear and accessible recommendations regarding the design, operate, and operation of space objects, independently, independent of their physical or operational features. When it comes to small spacecraft, It is particularly important that we have an approach that enhances the traceability of these objects. Another guideline, A5, contains recommendations to improve the registration practice for space objects. It also applies fully to small satellites or small spacecraft. Russia categorizes satellites with a mass up to 500 kilograms as small spacecraft. The registration of any space objects, including small spacecraft, is carried out in the Russian Federation in line with the provisions of the Convention on the Registration of Objects Launched into Outer Space. Uniform requirements to limit space debris in the near-Earth space apply to space objects independent of their nominal size in accordance with national regulatory documents. In Russia, compliance with these requirements is carried out fully and is mandatory in the licensing, launching, registration, and operation of small spacecraft as well as constellations. Thank you.

Muchas gracias a la delegación. Thank you to the Russian Federation for their statement. And now I will give the floor to Thailand.

Mr.

Chair, distinguished delegates, thank you for allowing the Thai delegation to share our perspective on the application of international law to small satellite activities. As small satellites revolutionize global space operations, we must ensure the integration into the international legal framework Balancing innovation with responsibility. Mr. Chair, regarding the application of international law to small satellite activities, Thailand recognizes the importance of a comprehensive and cooperative approach to ensure the sustainable and responsible use of outer space. Small satellites play a crucial role in advancing space science, telecommunications, and Earth observation. However, their rapid proliferation presents challenges such as orbital congestion, frequency coordination issues, and potential collision risk. Addressing these concerns requires enhanced international collaboration to develop clear and effective legal frameworks that promote safety, transparency, and equitable access to space. Thailand firmly supports multilateral engagement in space traffic management, frequency coordination, and debris mitigation, which could be an effective mechanism to tackle the challenges arising from the rapid growth of the quantity of small satellites. We emphasize the importance of transparent data sharing, increased coordination among nations, and adherence to international treaties to mitigate risks associated with small satellite activities. Furthermore, we believe that capacity-building initiatives, particularly for emerging space nations, are essential to fostering an inclusive and sustainable space governance framework. At the national level, Thailand is advancing its space policy through the draft Space Activity Act, which is currently under review. This legislation establishes a clear regulatory framework for small satellites, Ensuring compliance with our international obligations under the Outer Space Treaty, the Liability Convention, and the Registration Convention. Currently, the Office of the National Broadcasting and Telecommunications Commission oversees satellite frequency allocations, ensuring that Thailand's satellite operations adhere to international frequency coordination requirements. With the introduction of the Space Activity Act, Thailand aims to consolidate and enhance space governance under a unified agency. Key provisions of the draft Space Activity Act include the following points. One, mandatory registration and licensing. All Thai small satellites must be recorded in the National Space Object Registry to ensure transparency and accountability. And second, liability and insurance compliance. Operators must secure insurance coverage to address potential damages, aligning with international best practices. Looking ahead, once the Space Activity Act is enacted, Thailand plans to establish a dedicated Thailand Space Agency that will oversee all space-related activities, including regulations, research, and development of the national space ecosystem. This agency will play a central role in coordinating national space space policy, fostering innovation, and ensuring that Thailand remains actively engaged in international space governance. Thailand reaffirms our commitment to responsible small satellite governance and urges continued international cooperation to harmonize regulations, ensure equitable access, and enhance the sustainability of space activities. We look forward to engaging in constructive decisions to shape a resilient and future-proof legal framework for small satellites that balances technological advancement with long-term sustainability. Thank you, Mr.

Chair. Thank you to the distinguished representative of Thailand for that statement. The next speaker on my list is the representative of China.

Mr. Chair, China supports the statement made by the representative of Kenya on G77-China, and also we support the continued discussion of the item— of this item. Thanks to their low cost and wide applications, small satellites play an important role in areas such as communications and disaster reduction. At the same time, the increasing number of small satellite activities, and in particular the participation of private entities in the rapid development of large and mega constellations also contribute to orbit congestion and debris and bring about new issues concerning regulation and applicable laws. China hopes that discussions under this item could help small satellite activities better contribute to the well-being of all countries while ensuring equitable access to orbital resources and Carrying out coordination to reduce the collision risks. In the view of China, to effectively address these new issues, small satellite activities should comply with international space law centered around the 1967 Outer Space Treaty. In particular, they should respect principles such as cooperation and mutual assistance, peaceful uses, freedom of access, and due regard. Provisions on space debris mitigation, enhancing space object traceability and registration, deorbiting, as set out in the COPUOS Guidelines on Space Debris Mitigation and the LTS Guidelines, are of great importance for the orderly conduct of small satellite activities and for ensuring safe operations in outer space. Given the dynamic nature of small satellite activities, countries could consider further refining relevant international rules for more effective governance of small satellite activities.

Mr.

Chair, small satellite activities present developing countries and emerging spacefaring nations with important opportunities. China believes that international cooperation could bridge the gap and help them conduct small satellite activities this in line with international law. International law is also an important means to help them to enjoy their legitimate rights of access to space. In the spirit of a human community of shared future, China stands ready to engage in pragmatic international cooperation in small satellite design, manufacture, and launch so that small satellite activities could make continued contribution to high-quality economic development and social progress. Thank you, Mr.

Chair.

Thank you to the distinguished representative of China for that statement. And the next speaker on my list is the distinguished representative of Colombia.

Gracias, señor presidente.

Thank you, Chair. With regards to the application of international law on small satellite activities, Colombia endorses the statement made by G77 and China. And we would like to say the following in our national capacity: all space activities, regardless of the scale of the project or the size of the satellite, should fulfill prevailing international regulatory frameworks, including treaties and United Nations principles on outer space, as well as the provisions of ITU and its radio regulations. Colombia would like to highlight the relevance of non-binding instruments such as the Guidelines for Space Debris Mitigation and Guidelines on Long-Term Sustainability, which promote good practices. Chair, the accelerated growth of the commercial space sector, especially in low Earth orbit, has led to new challenges regarding orbit saturation and space traffic management. We therefore consider it necessary to ensure proper coordination and registering of small satellites, as well as their alignments with principles of transparency liability, and sustainability. Colombia reaffirms that respecting international legal frameworks is essential to guarantee safety, sustainability, and equity in the use of outer space. In this regard, we call upon the international community to continue promoting transparency in space activities and the development of inclusive regulations which enable all states, regardless of their level of development, to participate actively in this new space age. This new space age means that launches and the use of small satellites are affordable for emerging space countries. Colombia acknowledges the strategic value of small satellites as instruments which have democratized access to outer space, enabling developing countries as well as governmental, academic, and private institutions to play an active role in the exploration and utilization of space for peaceful purposes. This technological evolution has meant there are many new actors promoting innovation, knowledge transfer, and capacity building at global level. We consider that we should continue to provide incentives and facilitate affordable access to nations and their private sectors in a framework of balance, equity, and respect for the rights to the peaceful use of outer space, as well as respect and preservation of the rights of the scientific and astronomic community to carry out their work. Thank you.

Thank you to Colombia for that statement. And the next speaker on my list is a distinguished representative of Pakistan. You have the floor.

Thank you, Chair. Space traffic management is a crucial aspect for safe and secure space operations. There are Rapid launching of small satellite constellations necessitate effective management of small satellite launches and management of low Earth orbit to avoid collisions and ensure safe space operations. Developing a robust mechanism for small satellite launching frameworks is essential to protect global investments in space infrastructure and foster international collaboration. The increasing deployment of small satellite constellations particularly in LEO, is raising multifaceted legal, environmental, and operational concerns and warrants thorough deliberation. Chair, as the number of small satellites multiplies, the resulting light pollution from these constellations threatens the integrity of dark skies, which is vital not only to astronomical observation but also to cultural heritage and the ecological balance of nocturnal environments. The preservation of dark skies intersects with international obligations under the Outer Space Treaty to avoid harmful interference with the activities of other states. The proliferation of small satellite constellations has downstream impacts on the Earth's biosphere. Artificially brightened skies affect migratory species, disrupt nocturnal wildlife patterns, and may interfere with human circadian rhythms. These ecological effects warrant consideration under international environmental law to ensure that space activities remain consistent with global commitments to environmental protection. Chair, the congestion of LEO raises complex questions concerning equitable access to orbits, long-term sustainability, and the responsibilities of actors under international law. The Legal Subcommittee is the most appropriate forum to consider whether current legal instruments sufficiently address the challenges posed by mass deployment, especially regarding the prevention of collisions, debris generation, and obligations for post-mission disposal. As satellite constellations expand, designing safe and cost-efficient orbital paths become more difficult while avoiding interference with existing space assets. While technical solutions are being developed for collision avoidance and traffic coordination, these efforts needs to be supported by coherent legal norms and institutional mechanisms to ensure predictability and accountability among operators. The pace and frequency of new satellite launches, driven by innovation and economic incentives, may also be harmonized with collective responsibilities. While the principle of free exploration and use of outer space remains foundational, it may be interpreted alongside some guiding frameworks, frameworks to prevent harmful contamination and to promote the sustainable use of the space environment. I thank you.

Thank you to the distinguished representative of Pakistan. And now I will give the floor to the distinguished representative of Chile.

Chair, I'll be very brief. We would like to express the following. Chile considers that all space activities, no matter what the size of the object, should fulfill international obligations in terms of registration, authorization, oversight, and liability. Satellite capacity development by developing countries such as ours require, require clear, predictable, and non-discriminatory legal environment. Therefore, the subcommittee should continue to deal with this question and avoid rules that limit equitable access to space. Thank you.

Thank you to Chile. And the next speaker on my list is the distinguished representative of Iran.

Thank you, Mr. Chair. The Islamic Republic of Iran believes that expanding emerging space technologies, particularly the development and utilization of small satellites, offers unprecedented opportunities for developing countries to access outer space technologies and applications at significantly lower costs. Iran underscores that small satellites such as CubeSats, play an important role in facilitating access to space, advancing communication infrastructure, monitoring the environment, enhancing educational and research capacities, and even managing natural disasters, especially for developing nations. From this perspective, such technologies must serve broader goal of sustainable development and meet the specific needs of developing countries. In this regard, Iran supports inclusive multilateral dialogue and exchange of views within the framework of the COPES to ensure a comprehensive and equitable approach to this emerging phenomenon. We emphasize that the principles of fairness, non-discrimination, equal opportunities, and equitable access to orbital slots and frequency spectrums should guide any discussion on this issue. Addressing the legal and operational challenges faced by small satellites requires broad international cooperation, including the sharing of data related to space situational awareness, SSA, and the exchange of technical expertise. Without sharing SSA data, particularly with developing countries, overcoming these challenges would not be possible. Furthermore, Furthermore, we believe that states contributing more significantly to the congestion of low Earth orbits bear a greater legal responsibility to mitigate space debris so that orbital congestion does not impede the space activities of developing nations. Drawing on its successful experience in the design, manufacture, and launch of indigenous small satellites, Islamic Republic of Iran believes that the advancement of this technology can play a vital role in disaster risk management, water resource governance, and beyond. However, the imposition of unjust unilateral coercive measures and the resulting restrictions on access to advanced technologies have hindered international cooperation. The removal of such measures would create a conducive environment for the engagement— for the exchange of space-related knowledge and technologies within the framework of international law. We believe that eliminating these barriers would support the technological progress of developing countries in achieving their developmental goals. Iran highlights the importance of international cooperation to address both the legal and technical challenges related to small satellites and invites all member states, international organizations, and specialized agencies to share technical knowledge and facilitate the transfer of peaceful space technologies, thereby enabling effective participation of developing countries in the space domain through small satellite activities. In line with the principles governing this peaceful use of outer space, we also emphasize the importance of promoting bilateral and multilateral cooperation and harnessing collective capacities to advance global scientific and technological objectives. Iran welcomes joint initiatives such as Kibo Cube and other educational and research programs and small satellites promoted by the Office of Outer Space Affairs and other international entities. We regard such initiatives as key instruments to enhance the scientific and technological capacities of developing countries. We also call for the provision of financial, technical, and educational assistance by developed states, international organizations, and private sector actors to enable more actively participation of developing countries in the global space value chain. In conclusion, we express our appreciation for the efforts of all states, international organizations, and regional entities in fostering a constructive and respectful dialogue on these emerging domains. I thank you, Mr.

Chair.

I thank the distinguished delegate of the Islamic Republic of Iran for his statement. And now I give the floor to Brazil.

Mr. Chair, dear delegates, the increasing accessibility of space has brought forth a new era in which small satellites, due to their affordability and versatility, are allowing more actors than ever to participate in outer space activities. This contributes to realizing some of the core principles of international space law: the peaceful use of outer space and its access by all countries, irrespective of their level of development. At the same time, the rapid expansion of small satellite deployments presents complex legal and regulatory challenges. The risks associated with collision, interference, space debris, and even accidental reentry are no longer hypothetical. They are becoming more frequent and pressing. This is particularly true for small satellites of lower reliability or limited maneuverability, which although not system-critical individually, may collectively pose risks to the safety and sustainability of outer space operations. In this context, we underscore the critical importance of adherence to the international rules and regulations, including the Space Debris Mitigation Guidelines, the Guidelines for the Long-Term Sustainability of Outer Space Activities, and the relevant ITU regulations and guidance documents in these regards, like the Handbook on Small Satellites. These frameworks offer valuable guidance, and their consideration during the development of national legislation is vital for building coherent and predictable global space governance. Brazil has made significant progress in regulating small satellites. In May 2020, the National Telecommunications Agency, ANATEL, introduced the Spectrum and Orbit Manual for Amateur and Educational Small Satellites. This manual resulted from a collaboration between the Brazilian Space Agency, AEB, and the Brazilian Amateur Radio League, LABRI, aiming to optimize and simplify the frequency registration process for these satellites with the International Amateur Radio Union, IARU. Currently, the document is undergoing review and updates to incorporate the latest advancements in the sector. We highlight the importance of sharing national experience and best practices. Such exchanges enhance transparency, foster cooperation, and strengthen capacity building, particularly for emerging space actors. Equally important is the inclusion of all relevant actors, both governmental and non-governmental, in these discussions. As the space domain becomes more more diverse, inclusive dialogue is essential to ensure that legal frameworks are representative, effective, and responsive to the realities of a rapidly evolving space environment. In this regard, we also emphasize the importance of fostering a frank and frequent dialogue between the Legal and the Scientific and Technical Subcommittee. The interdependence of legal norms and technical developments demands greater coordination between these bodies to ensure that international space governance evolves in a coherent, informed, and forward-looking manner. Thank you, Mr. Chairman.

Thank you, Mr.

Thank you to the distinguished representative of Brazil for that statement. We will now stop our consideration of Agenda Item 12, and we will continue with it tomorrow morning. Distinguished delegates, there are no technical presentations this afternoon. We don't have technical presentations scheduled for this afternoon. Therefore, I shall soon adjourn this meeting so that the Working Group on the Application of the 5 UN Space Treaties can start their meeting. Before doing so, I would like to inform you of our schedule of work for tomorrow morning. We will meet promptly at 10. We will continue our consideration of agenda item 3, general exchange of views. Tomorrow morning, under this agenda item and at the request of delegations, I would invite delegations to express their views on the impact of the liquidity crisis on the Office of Outer Space Affairs, as presented by the Director of the Office on Monday, the 5th of May. I have requested the Director or her representative to be present at the meeting tomorrow morning to respond to any comments or questions raised. We will also continue our consideration of agenda item 11, general exchange of views on the legal aspects of space traffic management with regards to the proposal for a study group on legal and policy aspects of space traffic by Germany and other delegations. This action will take place on Tuesday morning. We will continue, hopefully conclude our consideration of agenda item 12, general exchange of views on the application of international law to small satellite activities. Tomorrow morning, and we will start Agenda Item 13, Proposals to the Committee on the Peaceful Uses of Outer Space for new items to be considered by the Legal Subcommittee at its 65th session. We will then adjourn the plenary meeting so that the Working Group on Legal Aspects of Space Resource Activities can hold its fifth meeting, and we will not have technical presentations tomorrow morning. And I would like to inform delegates that the Working Group on Legal Aspects of Space Resource Activities will be holding its fourth informal consultation in conference room. M3 tomorrow morning from 9 AM to 10 AM. The consultation will also be available via the Teams link contained in the circular dispatched on the 15th of April, CU2025/122. As I informed you earlier, I I have been told that Egypt is considering nominating a candidate for the vice chair of the working group, and we will come back to this tomorrow, probably in the afternoon, within agenda item 8. So tomorrow in the afternoon, under agenda item 8, we will make a decision about the composition of the Bureau of the Working Group and Egypt's candidacy for this. The consultation schedule is on the website. If there are no questions or comments, then We can adjourn for today until 10 a.m. tomorrow morning. The meeting is adjourned until 10 a.m. tomorrow. And now I would like to invite the Working Group on the Status and Application of the Five United Nations Treaty on Outer Space to. Hold its 4th meeting. Thank you.