A r t i g o
United Nations/Nigeria
Workshop on Space Law
21-24 November
2005, Abuja, Nigeria
Session on Overview of National Laws and Policies
Remarks
on Brazilian Space Laws
José
Monserrat Filho
Vice-President, Brazilian Association of Air and Space
Law (SBDA);
Member of the Board, International Institute of Space Law (IISL);
Member, Space Committee, International Law Association (ILA).
E-mail:
<monserrat@alternex.com.br>
Let me firstly present an
overview of the main space projects Brazil is developing today. It can give you
an idea on the scope of legal issues my country is facing now:
1) Chinese-Brazilian Earth
Resource Satellite (CBERS), based on the agreement signed in 1988.
The CBERS-1 has been
launched in 1999 and the CBERS-2 in 2003.
The CBERS-2B – in
construction now – should be launched by October 2006, in order to prevent any
interruption between the end of the CBERS-2 time life and the beginning of the
CBERS-3.
The CBERS-3 is planned to
be launched by 2008, and the CBERS-4 by 2010.
The high quality of the
CBERS-2 images give it reliability and competitiveness.
Since June 2004 more than
150,000 images were distributed freely in the Brazilian territory to more than
14,000 users – more than 2,000 institutions.
China, where the images of
the CBERS are paid, has distributed about 10% of this number.
In Brazil, the free
distribution of satellite images during at least two years is disseminating the
culture of utilization of remote sensing data and creating a large internal
market for its products.
2) Brazilian-Russian
cooperation established in 2004 to improve the Brazilian launch vehicle VLS-1,
with the introduction of a solid fuel stage.
The old VLS-1 failed in
three attempts of launching.
The new VLS-1 may be
launched by 2007.
3) Brazilian-Ukrainian
Treaty, signed in 2003, which creates a bilateral company to explore commercial
launchings by Cyclone-4 from Alcântara Launch Center localized in the north of Brazil,
near the Equator circle.
4) Creation of the
Alcântara Space Center, of civilian nature, in more than 85% of the territory
of the Alcântara Launch Center, which is actually a military base under the
command of the Brazilian Air Force.
5) Brazilian participation
in International Space Station (IIS), based on a protocol signed by the
Brazilian Space Agency and NASA in 1997.
The first Brazilian
astronaut, prepared by NASA, is planned to arrive to the IIS by March 2006
onboard of the Russian spacecraft Soyuz.
He is going to carry out
many scientific experiments from the Brazilian Universities.
6) Design and construction
of telecommunication and meteorological satellites, as well as two scientific
satellites (Equars – Equatorial Atmospheric Research Satellite, and Mirax –
X-Ray Imagiator and Monitoring Satellite).
All these actions – and
some others – are described in the new NATIONAL PROGRAM OF SPACE ACTIVITIES
2005-2014, adopted in 2004, and published in 2005.
This important document is
particularly useful for us to identify the Brazilian space legal demands of
today and tomorrow.
But these demands are not
mentioned in its text, although it has four annexes with legal documents
enclosed.
So far, the major Brazilian
laws relating to space activities are:
1) 1967 Outer Space Treaty,
1968 Rescue Agreement and 1972 Liability Convention, ratified by Brazil and
incorporated into the Brazilian legislation.
Brazil did not sign
the 1975 Registration Convention, but now it is prepared to be included as a
Party of it, through a project of adherence, which is passing into approval
by the National Congress.
2) Many bilateral
agreements and protocols signed with China (about 15!), Ukraine, USA, Germany
and some other countries, which are bases Brazil carries out its space
activities.
3) Law of February 10th,
1994, which creates the Brazilian Space Agency, of civilian nature.
4) Decree of January 10th,
2003, which subordinates the Brazilian Space Agency to the Ministry of Science
and Technology.
5) Decree of December 8th,
1994, approving the updating of the NATIONAL POLICY FOR THE DEVELOPMENT OF
SPACE ACTIVITIES.
6) Decree of July 10th,
1996, creating the National System for the Development of Space Activities
7) Edict of 2001 adopted by
the Superior Council of the BSA on the licensing for private enterprises to
prepare launching operations in the Brazilian territory.
8) Edict of 2002 adopted by
the same Council on the authorization for private enterprises to carry
out launching operations in the Brazilian territory.
The idea of a general
national law on space activities is growing.
In Brazil, there is already
an increasing awareness on the need of an all-embracing national legal space
framework.
It may be seen at the
Brazilian Space Agency (only eleven years old), the National Institute for
Space Research (INPE) and at some other institutions, as well as at the
Brazilian Association of Air and Space Law.
A general law on space
activities would probably include principles and provisions relating to both
state (governmental) and private space activities.
Activities in different
fields:
Launching services,
industrial, commercial, remote sensing, communication, insurance, intellectual
property rights, and even in space education – regarding the enlargement of the
formation of technician people and highly skilled critic mass, as well as the
massive dissemination of space information and knowledge.
The central idea of such a
wide and ambitious project is the hope that it could be an essential
contribution to the consolidation of a strong, efficient, and
well-organized space sector.
But we are fully aware that
this is not an easy task.
The success of this complex
work would depend on many factors:
1) Consolidation of the
Brazilian Space Agency as the head of the national space policy and the
effective instance of coordination of the system of all national space
institutions;
2) Velocity of the
development and implementation of the Brazilian Space Program. It requires,
above all, the regular and timely transfer of the budgetary resources to the
program.
Frequently the Brazilian
Space Program, as well as other governmental organs, has the budget approved,
but no money is available (released) to be expended in the program.
3) A bigger awareness of
the public opinion on the Brazilian Space Program, particularly in the National
Congress.
The parliamentary group
that is interested in the scientific and technological projects and
particularly in the space ones – although it is still relatively small and less
powerful than it would be convenient – has been growing during the last years
and achieving a rather more prestige and political weight.
The draft project of the
new Brazilian space law will certainly be prepared by the Brazilian Space
Agency.
This text has to be
approved by the Presidency of Republic, who must submit it to the National
Congress, where it should be discussed, reviewed, and approved by both
the Camera of Representatives and the Senate.
It is a long and sometimes
not straightforward way. In the best-case scenario it can be concluded within
two years, whereas this process has not started yet.
Is there any way we can
save time and get there?
It is not just a
question. It is a challenge.
Let us prove the creativity
of the Brazilian players in other field other than that of the soccer/football
matches...
