Introduction
For several decades, the human race has been pursuing space exploration for varied reasons. Since the arms race during the cold war, several accomplishments have been made by countries such as the United States, Russia, China, and other emerging powers in Europe and Asia. The growing focus on space has been connected with the notion that there could be commercial benefits to be reaped. For this reason, countries across the world have had to develop major rules governing space exploration. According to Pershing (2019), the laws are set to achieve a balance between economic efficiency and equitable access. In other words, certain rules have been developed to make sure that no country can claim sovereignty of the celestial bodies.
As mentioned above, the UAE is among the latest countries in the world to pursue space exploration. The initiatives include Emirates Lunar Mission 2024 where the country hopes to create a lunar rover and launch it to the Moon by 2024 (“Emirates Lunar Mission” – 2024, 2020). The mission purposes to study the thermal properties of the lunar surface and other scientific objectives such as the components and formation of lunar soil. The creation of the UAE Space Agency has been accompanied by a national space policy that has helped several pioneer programs. The UAE has been launching satellites since 2009 with the latest launched in 2017 (“Emirates Lunar Mission” – 2024, 2020). The focus, however, is on the legal aspects of the country’s space exploration. Through the space policy, legal aspects governing the country’s space activities can be observed. However, space exploration is a matter of international concern governed not only by domestic activities but also international laws.
The law that governs the UAE space sector is the UA space law developed in 2019. It is called Federal Law No. 12 of 2019 on the Regulation of the Space Sector. The rule seeks to stimulate investments in the space sector, including encouraging the private sector to get involved (“Emirates Lunar Mission – 2024”, 2020). The focus of this paper is to examine the extent to which the UAE space law clarifies the functional, personal, and physical scope of the application of the UN space treaties. For this paper, the functional scope entails the activities and objects regulated by the law. The personal scope entails the interpretation of the term ‘national space activity, while the physical scope focuses on how outer space is defined and delimited. Personal views regarding these aspects of the paper will be presented alongside legal and theoretical arguments.
Background to UAE Federal Law No. 12 of 2019
The Federal Law No. 12 of 2019 on the Regulation of the Space Sector (UAE space law) was issued on December 19, 2019, as an abrogation of the Federal Decree-Law No. 1/2014 dated August 6, 2014. The law supports the UAE’s commitments to the provisions of the international treaties and conventions relating to outer space. Therefore, some of the articles and clauses contained in this law will be based on these international treaties and conventions. Additionally, the law pursues UAE’s national space policy which offers guidelines on the national functions, commercial sector, and science, technology, and exploration. The latest document on the UAE National Space Policy was published in 2016 clarifying the ultimate objectives of the country’s space exploration. This goal includes the creation of a robust and viable space sector supporting and protecting vital industries and national interests (UAE Government, 2016). Additionally, the policy hopes to help diversify and grow the economy and develop technological capabilities within the UAE.
The UAE space law comprises 9 chapters each describing specific legal issues. For this background section, chapter one is the most important one laying the foundation for other sections that follow. The first chapter provides the general provisions, including the definitions in Article 1, objectives of the law and scope of application in articles 2 and 3 respectively (Federal Law No. 12 of 2019, 2019). The definitions of key terms include the state, which refers to the United Arab Emirates. The state’s territory is defined as the land, territorial sea, and airspace above. Additionally, a provision for free zones or any areas of special economic status to the country is also regarded as the state’s territory.
Other important definitions offered in Article 1 include a specified area, which is any area above 80 kilometers or more than the average sea level. High altitude activities are those above the range of air traffic control and lower than the specified area (Federal Law No. 12 of 2019, 2019). Space data, incidents, accidents, space debris, space resources, and meteorites are also vividly defined. Lastly, outer space is that area above the Earth’s atmosphere. It is important to note that these are only a selection of terms that are important in the discussion. Several other terms critical to the law itself have been defined to specify the scope of the law or what the law seeks to regulate.
The second and third articles of the UAE space law define the objectives and the scope of application. In terms of the objective, the law is intended to offer a legislative framework that regulates the country’s space sector (also defined in Article 1). This is in the pursuit of a regulatory environment geared towards the achievement of the national space policy (referenced above). The law serves three major purposes as defined in Article 2. First, it stimulates investment and encourages the private and academic sectors to participate in the space sectors and related initiatives. Second, it supports the implementation of safety, environmental, and security measure to ensure long-run stability and sustainability of the country’s apace and related activities. Third, the law supports the commitment to transparency of the UAE in the implementation of the provisions of the international treaties and conventions governing outer space. This purpose is critical for the discussion presented in this paper because it offers a glimpse of how compliant the UAE is to the UN space treaties discussed below.
Lastly, it is important to summarize the scope of the application of the UAE space law. The legal document clarifies that the law and its provisions apply to all activities involving space. That is to say, commercial or other activity undertaken by persons (as defined in Article 1) and agencies belonging to the UAE. The conduct of these activities has also been outlined by the law. This includes activities from the state’s territory or its establishments outside the state and from ships or aircraft registered with the state or space objects registered by the state. Additionally, the activities by persons of UAE nationality or companies headquartered in the UAE are also bound by the UAE space law.
Background to UN Space Treaties
The objective of this paper is to determine how the UAE apace law implements the provisions of the UN space treaties. Background to these laws, therefore, offers a set of expectations and benchmarks to make the comparisons. The United Nations Office for Outer Space Affairs has published the UN apace treaties and principles on outer space. The publication should offer a set of expectations from any country that is a party to the rule. One of the most recent treaties and principles was published by the UN in 2002 and another publication in 2008 that updates on the resolutions adopted by the general assembly (Federal Law No. 12 of 2019, 2019). There are five treaties enforced by the UN whose focus is on issues such as arms control, liability for damage, freedom of exploration, safety and rescue of astronauts and spacecraft, and the non-appropriation of outer space.
There are five treaties published by the United Nations on outer space activities. The first agreement is the Outer Space Treaty which was established in 1967 and entered into force the same year (“Space law treaties and principles”, 2020). This s one of the most important treaties for any country engaging in space exploration because it offers a governing framework for all activities conducted by the states in outer space. This includes the Moon and other celestial bodies that have been targeted for exploration. The guidelines of this treaty include that space exploration shall be performed to benefit humankind and all nations. The provisions include that any state is free to explore interstellar space, weapons of mass destruction cannot be placed in outer space, and no country shall claim sovereignty, including by means of use. Additionally, utilization of celestial bodies shall be for peaceful purposes, states are to be held liable for damage or harm caused by their space objects, and astronauts are to be considered envoys.
The second UN space treaty is called the Rescue Agreement. It was established in 1968 to offer further provisions on Articles 5 and 8 of the Outer Space Treaty (“Space law treaties and principles”, 2020). These rules include immediate notifications to launching authorities regarding the accident, injury or conditions of distress among spacecraft personnel (“Space law treaties and principles”, 2020). In addition, the new law requires informing the relevant launching authority and the Secretary-General of the UN when a space object or its parts have returned to Earth. Lastly, the states are to initiate steps towards rescuing spacecraft personnel and offer necessary assistance of which should be reported to the Secretary-General of the UN.
The third treaty is the Liability Convention which was established in 1972. It was created to offer further provisions to Article 7 of the Outer Space Treaty (“Space law treaties and principles”, 2020). The treaty provides that a launching country is completely liable for all destruction resulting from its space objects. This means damaged space objects on the Earth’s surface or aircraft in flight will have to be paid for. The Registration Convention of 1975, which came into force in 1976, helps states identify and classify space objects (“Space law treaties and principles”, 2020). It requires the maintenance of a register with open access to the states and international organizations. Article 4 of this convention provides a register containing information such as the name(s) of the launching state(s), location of state and launch, key orbital parameters, and the designator of the space object or registration number. Lastly, the Moon Agreement of 1979 restricts activities on the moon and other celestial bodies (“Space law treaties and principles”, 2020). The provisions of this agreement are similar to those of the Liability Convention in that they prohibit and penalize activities that harm the Moon, Earth, personnel, or spacecraft among other man-made objects. Additionally, the agreement contains provisions that prohibit the environmental degradation of the Moon.
With these five treaties, it can be seen that each party to the treaty must undertake actions that in consideration of the interests of other party states. They provide a legal framework for domestic laws to be developed. A discussion of the principles may reveal further details regarding the legal implications for a member state. However, it is the treaties that determine how countries define the personal, function, and physical scope of their domestic space laws.
Functional Scope
The UAE has become a space-faring nation that needs to abide by the governance guidelines. According to Beauvois and Thirion (2020), the exploration of new planetary objects and utilization of resources found there requires a governance model that offers medium-term objectives for sustainable space infrastructure. The question of how international collaboration can be fostered in activities such as Moon exploration, asteroid mining, and Mars settlement can be answered by considering the international legal frameworks and compliance by the individual states. As such, the examination of the functional scope focuses on the activities and objects regulated by the UAE space law and how this scope complies with the provisions of the UN treaties discussed above.
In terms of the functional scope, the definition of terms can help explain the application of UN space treaties. The activities regulated by Federal Law No. 12 of 2019 (2019) on the Regulation of the Space Sector are outlined in Chapter 1 Article 4 under the heading Regulated Activities. This article outlines space undertakings, including launch, re-entry, removing or disposing of a space object from space, space navigation, Earth observation, and remote sensing, satellite communication, and operation of space objects. Additionally, operation of the launch or re-entry sites, exploitation and extraction of resources, use of space resources for commercial, scientific, or other purposes, and space awareness activities are all regulated by this law. Others include manned spaceflights, logistical support services, manufacture, assembly, development, testing, storage, transportation, trade, or disposal of space technologies, and any other activity defined through a cabinet decision after a proposal by the Board of Directors.
Further clarifications regarding the actions regulated are provided by the rule. Other space sector-related activities include space supporting flights and other high-altitude activities not regulated by Federal Law No. (20) of 1991 (Federal Law No. 12 of 2019, 2019). These undertakings are conducted by the state’s territory or through the participation of a flying aircraft or space object registered in the UAE. Space data management, for example, receiving, distributing, archiving, storing, or disposing of data regarding space also fall under this category. This sub-category also outlines deeds involving the collection of and trade in meteorites falling in the state’s territory, the creation of specialized training programs by non-governmental agencies, and any other established by the cabinet through the proposal of the board of directors.
It can be seen that these activities are standard and which any space-faring country would engage in. The essence of space exploration is to find resources that can be exploited for commercial purposes, including scientific experiments and trade-in space resources. The UAE space law does not reiterate how the activities clarify the functional scope of the UN space treaties. As mentioned above, the UN space treaties focus on major areas such as non-appropriation, liability, freedom, rescue, and arms control. The absence of an expressed statement in Article 4 that explains how the country observes international conventions can raise serious questions regarding the country’s compliance. However, these commitments will be explored by focusing on other areas of the law that might offer a clue.
The objects regulated by the UAE space law are not expressly stated. Chapter 5 Article focuses on the registration of space objects. The term space object has been defined in Chapter 1 Article 1 as an object made, lunched, or aimed to be launched by a person into or from the specified area. These are either manned or unmanned, including launching vehicles, component parts of a space object, and parts of a launch vehicle, including those that do not reach the specified area. It is this definition that gives a clue regarding which items are regulated, but the discussion of how they are regulated is lacking.
In compliance with the UN treaties and conventions, these activities and objects have to meet the provisions of all five treaties. The main treaty is the Outer Space Treaty from which several other treaties are derived. The UAE space does not clarify that the activities excluded are prohibited by this treaty, including launching weapons of mass destruction and claiming sovereignty of outer space. The country focuses only on the exploitation and trade in the resources without stating that these activities are to be done for the benefit of all states. However, the UAE space law outlines its liabilities as provided by the Outer Space Treaty. In Articles 20, 21, 22, 23, and 24, the UAE defines the liabilities of the parties involved in the space sector activities defined by the UAE law (Federal Law No. 12 of 2019, 2019). These include damages on the Earth’s surface, liability for damages by spacecraft outside the state territory, and hitting other space objects. Therefore, the UAE law may not offer a complete clarification of the functional scope, but compliance with the UN space treaties is provided for in the law.
Personal Scope
The personal scope discussed in this section will focus on how the UAE space law interprets the term ‘national’ space activity and how this interpretation clarifies the commitment and application of the UN space treaties. Firstly, it is important to clarify that the term ‘national space activity’ has not been used in the law. The usage of the word ‘national’ has been with regards to aspects such as national space policy, national space programs, national talents, and national initiatives for sustainable outer space environment among others. Rather, the term ‘state’ has been used to refer to the geographical jurisdiction within which the space activities are regulated by the law. The definition of the terms ‘state’ and ‘state’s territory’ is what offers an interpretation of the national space activity. The term state has been used to mean the United Arab Emirates, while State territory has been defined as the lands, territorial seas, and airspace above the state, including the free zones or other areas of special economic status to the state.
The above definitions in Article 1 delimit the geographical jurisdiction under the regulation of the state. It can be argued that in line with the UN space treaties, specifically the Outer Space Treaty, the UAE has refrained from claiming ownership of outer space and any celestial body. In other words, the law fails to express any exclusive interests in outer space. However, the clause “free zones or any areas of a special economic interest” have not been effectively defined and could pose legal questions as to what free zones and special economic interests are. It is argued here that as long as this clause does not in any way refer to the space activity, resources, or territory then compliance to the Outer Space Treaty is manifested through the confinement of these definitions to territories and spaces on the earth’s surface, water, and atmosphere.
The term national space activity can be used to mean space activities undertaken by the state itself or private or corporate individuals within the state. These are critical components of the personal scope and should be properly defined. Article 1 defined the various parties that are involved in national space activities. These include government entities such as public authorities, institutions, and federal and local governments of the state. The agency responsible is the Emirates Space Agency and the individuals who run it. Lastly, the term person defines who is regulated by the law, and this includes a juristic or physical person. With these definitions, it can be seen that the UAE space law describes its jurisdictions when it comes to space activities. Further clarification is made in Article 3 where the scope of the national space activities is described. Further details regarding the interpretation of national space activities in chapter 3 regarding the operation of the agency.
It can be argued here that UAE’s interpretation emanates from a need to provide clear boundaries because the UN space treaties do not define the term ‘national space activities.’ At this point, therefore, the UAE space law goes beyond the provisions of the UN to clarify its own understanding of the terms state, national, and territory that have all been used in the wording of the law. The UN space treaties mention countries and state mainly on the assumption that there is a universal definition of these terms. From a legal perspective, however, it would have served better to offer a standard definition that should be applied by all countries. However, the UAE can be seen as taking the initiative to clarify what it considers to be a country, state, and territory.
The most important point to note, however, is the fact that the UAE has taken responsibility for all space activities within its juristic confines as required by the provisions of the UN space treaties. This is considered particularly important because of matters of liabilities for damage where each country is also required to compensate all the damages its space activities and objects cause on the earth’s surface or to other space objects belonging to other countries. Interpreting its national space activities as those undertaken by people of UAE nationality and by companies headquartered in the UAE allows the country to define what it can be held liable for by other countries and the UN.
Physical Scope
The physical scope discussed here is related to how the UAE space law defines and delimits outer space and how this definition and delimitation applies to the UN space treaties. The term outer space as used in the UN space treaties entails the area above the Earth’s atmosphere, the orbit, and the celestial bodies found there. The UAE law uses the term outer space on multiple occasions, but it does not offer a specific definition of the term. However, the term ‘specified area’ has been defined as any area above 80 kilometers or more than the average sea level. In this case, it can be presumed that the UAE apace law delimits outer space as any area above 80 kilometers into and beyond the atmosphere, including the Earth’s orbit (Federal Law No. 12 of 2019, 2019). However, the distance between the Earth and space is about 100 kilometers which leads to the question of whether the Earth’s orbit is included.
It is important to acknowledge that despite its definition of the term specified area, the UAE space law used the term outer space severally implying that it conforms to the general usage of the term or that used in the treaties. This, however, can only be an assumption, especially considering how the term orbit has been used. Therefore, the UAE space law considers outer space to be the area above the earth’s orbit. The objectives of the law in Article 2 of the law states that the UAE intends to use the law to support the principle of transparency and to commit to the implementation of the provisions of the international treaties and conventions regarding outer space exploration for which the UAE is a party (Federal Law No. 12 of 2019, 2019). This statement does not only clarify compliance with the UN space laws but also expresses that it adopts the same usage of the term as in the UN space laws.
In the UN publications regarding these treaties mentioned above, the term outer space has not been expressly defined but its delimitation can be derived from its usage. The publications have constantly used the expression “outer space, including the Moon and other celestial bodies” (“Space law treaties and principles”, 2020), which can only mean that any region outside the Earth and its orbit is part of the outer space. The only clarification present in the UAE space law, therefore, is that regarding the specified area and the fact that the law expressly states commitment and compliance with the UN space treaties. However, it is still not clear what the country considers to be part of space using the definition of the specified area. The argument made here is argued that the country’s space law delimits considers any area above 80 kilometers as space. This delimitation means that there will be a part of the Earth’s atmosphere included in this definition (Federal Law No. 12 of 2019, 2019). The UAE law can be seen as presenting a further ambiguity regarding what is generally as space in the UAE.
It is argued here that it is hard to judge the shortcomings of the UAE space law in failing to offer a better delimitation of outer space. Therefore, assumptions and derivations of meanings from the usage of the word remain the only means of understanding what the UAE deems to be part of space. The confidence from these assumptions and derivations is given by the fact that the UAE states expressly that it intends to adhere to the UN outer space laws.
Conclusion
The Federal Law No. 12 of 2019 on the Regulation of the Space Sector defines the functional, personal, and physical scope of application of the law. The UAE is pursuing a space exploration policy with the hope of exploiting space resources for commercial, scientific, and other purposes. To do so, however, will require the country to abide by the UN space policies for which the country is a party. The legal document states that the country commits to these laws. The UAE space law, as explained in this paper, largely focuses on delimiting its geographical jurisdiction within which the law applies and liabilities can be claimed.
The paper has focused on how the UAE space law clarifies the functional, personal, and physical scope of the application of the UN space policies. Regarding the functional scope, it has been established that the UAE law defines activities governed by the law and the definition largely complies with the UN space laws. Regarding the objects, however, there are too few details to determine the extent of the application of the UN space laws. The personal scope focuses on the interpretation of national space activities where the geographical jurisdiction is defined. Without a clear definition of the state, nation, or territory in the UN space laws, it has been argued that the UAE delimits the regions it deems as falling within its jurisdiction. Lastly, the physical scope focuses on the definition and delimitation of outer space. In this case, it has been argued that the UAE adopts the same usage of the word as the UN space treaties despite defining a different term, that is, specified area.
References
Beauvois, E., & Thirion, G. (2020). Partial ownership for outer space resources. Advances in Astronautics Science and Technology, 3, 29-36. Web.
Emirates Lunar Mission – 2024. (2020). Web.
Federal Law No. 12 of 2019, Regulation of the Space Sector. Web.
Pershing, A. (2019). Interpreting the outer space treaty’s non-appropriation principle: Customary international law from 1967 to today. The Yale Journal of International Law, 44(1), 149-178. Web.
Space law treaties and principles. (2020). Web.
UAE Government. (2016). UAE National Space Policy [PDF document). Web.