A r t i g o
United Nations/Nigeria Workshop on Space Law
"Meeting international responsibilities
and addressing domestic needs"21-24 November 2005, Abuja, Nigeria
Conclusions, observations and recommendations
of the Workshop1. The workshop agreed that universal acceptance of the United Nations treaties governing the activities of States in the exploration and use of outer space (the outer space treaties) would contribute to the orderly use of outer space and ensure the strengthening of rule of law, provide transparency with regard to rights and obligations of States in conducting space activities, increase development of customary behaviour, create a level playing field for all actors, ensure that non-state actors complied with the provisions of the treaties, enhance strategic stability and predictability and safeguard against arbitrary rulings. The workshop therefore recommended that States not yet party to the outer space treaties take the necessary steps to ratify or accede to them.
2. The workshop agreed that by becoming party to the outer space treaties, States could better protect and defend their legitimate rights and interests, take legal action in accordance with the treaties, enforce equality of parties before the law, propose their amendment, clarification, updating and revision and also propose new agreements, instruments, declarations and legislation to regulate new areas or activities, including the use of new technologies.
3. The workshop observed that the United Nations principles on outer space (principles on outer space) and mechanisms such as the Committee on the Peaceful Uses of Outer Space provided a useful avenue and tools for exchanging views and reaching consensus on important issues.
4. The workshop agreed that it was imperative for States to conduct their space activities in accordance with international law, including the United Nations Charter and the outer space treaties, as well as observe, in good faith, the principles on outer space.
5. The workshop noted that the principles on outer space could serve as foundations for future international treaties to further develop the legal regime on outer space.
6. The workshop noted that the online index of objects launched into outer space, a web database maintained by the United Nations Office for Outer Space Affairs, contained information officially received from Member States and International Organizations in accordance with the Registration Convention and General Assembly resolution 1721 B (XVI) as well as complementary information collected from unofficial recognized sources.
7. The workshop agreed that the index could serve as a useful cross-referencing tool for assisting States that were party to the Registration Convention and those States that wished to provide voluntary information in accordance with General Assembly 1721 B (XVI) to ensure that information on their objects launched into outer space had been transmitted to the Secretary-General of the United Nations.
8. The workshop agreed that the website of the Office for Outer Space Affairs provided a valuable public service and was vital for disseminating information on space law and the work of the Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee.
9. The workshop recognized the crucial role of space technologies for sustainable development and noted the need for establishing and nurturing supportive national regulatory environments to optimise the utilisation of space technologies.
10. The workshop agreed that it was essential for States to conduct a policy and legal assessment in order to establish the proper local context prior to developing their national space policies and laws.
11. The workshop agreed that States should ensure the participation of key stakeholders in the development of their national space policies.
12. The workshop agreed that the outer space treaties provided a basis for the development of national space laws.
13. The workshop agreed that when a State party chooses to enact national space laws it was important for that State to do so in accordance with its international obligations and the national requirements of its existing legal system.
14. The workshop noted that national space laws should establish a regime for, among other things, licensing, registration of space objects launched into outer space, liability, safety, a system for financial responsibility, including indemnification and insurance, take into account domestic interests, respect foreign interests and set up mechanisms for cooperative efforts with other States.
15. The workshop noted that other existing national space laws could serve as examples when considering the development of national space laws.
16. The workshop agreed that developing countries with sensing capability were in position to influence the development of law by taking action to establish evidence of State practice to enhance and protect the right to access data from all sensing States. This could be achieved by applying the United Nations Principles Relating to Remote Sensing of the Earth from Outer Space and concluding bilateral and multilateral agreements among developing countries that possess sensing capabilities.
17. The workshop agreed that it was essential for developing countries to harness existing skills and educational experiences to overcome the challenges of developing capacity in space law.
18. The workshop agreed that those challenges could be addressed by making use of available online resources, video-conferencing as means of supplementing education resources, by taking advantage of any available financial resources to enable access to experts in space law with a view to conducting intensive courses, obtaining advice on the curriculum and assisting in preparation of reading lists.
19. The workshop agreed that the United Nations Office for Outer Space Affairs should pursue the possibility of identifying fellowship opportunities for students from developing countries to undertake studies in space law.
20. The workshop agreed that it was essential for educators, space law practitioners, legislators, policy and decision makers in the African region to remain engaged in space law networks, including taking advantage of e-mail to facilitate regular communication when a lack ofresources limited other means of participation.
21. The workshop agreed that increased opportunities for education in space law in the African region could be achieved by encouraging Governments, education institutions as well as the private sector to participate actively in these efforts and by finding innovative solutions for overcoming financial constraints.
22. The workshop agreed that by including individuals with space law expertise in their delegations to space-related intergovernmental organizations, such as the Committee on the Peaceful Uses of Outer Space and the International Telecommunication Union, Governments in the African region would enhance their capacity to promote the development agenda in those organizations and encourage their youth to pursue professional careers in space law.
23. The Workshop recommended that the United Nations Office for Outer Space Affairs develop, in accordance recommendations made at previous United Nations workshops on space law, a baseline course on space law.
24. The Workshop agreed that the participation of youth in conferences, symposia and workshops addressing space science, technology and space law, such as the International Astronautical Congress, should be encouraged and facilitated.
25. The workshop expressed its deep appreciation to the Government of Nigeria, the National Space Research and Development Agency (NASRDA) and the United Nations Office for Outer Space Affairs for organizing the workshop.