Bachelorarbeit, 2017
49 Seiten, Note: 1,7
Jura - Europarecht, Völkerrecht, Internationales Privatrecht
1. Introduction
1.1. A picture of outer space – the threat of a system's collapse
1.2. Research questions, purpose, and approach
1.3. Relevance and impact
1.4. State of the art and references
2. Space Traffic Management – an overview
2.1. Findings from the International Academy of Astronautics Cosmic Studies on Space Traffic Management
2.2. Contents of Space Traffic Management
2.2.1. Space Situational Awareness as an important element of Space Traffic Management
2.2.2. Sharing of information/data collection on Space Situational Awareness, notification system, and real-time collision avoidance
2.2.3. Traffic rules
2.2.4. Mechanism for implementation and control
2.2.5. Space Debris Mitigation
2.3. United States and the JSpOC already providing a de-facto form of Space Traffic Management
3. International, national, and European governance over space activities
3.1. The question of sovereignty
3.2. Space as a multilevel governance system
3.3. First governance triangle – EU, ESA and Member States
3.4. The EU-ESA relationship
3.4.1. Cooperation between EU and ESA
3.4.2. European Space Operations Centre
3.5. Second governance triangle – EU, ESA and UN
4. EU competences and objectives in the field of Space Traffic Management
4.1. EU objectives from international law
4.2. EU competences from EU law
4.2.1. Arts. 4 III, 189 TFEU (Space)
4.2.2. Arts. 4 II (g), 90 ff. TFEU (Transport)
4.3. EU and Space Traffic Management
5. European activities and capabilities in the field of Space Traffic Management
5.1. European Space Policy
5.2. Code of Conduct for Outer Space Activities
5.3. European Code of Conduct for Space Debris Mitigation
5.4. Space Situational Awareness programme
5.5. Space Surveillance and Tracking Support Framework
5.6. European Union Satellite Centre
5.7. Clean Space Initiative
5.8. The national States
6. Europe's particular significance in the field of Space Traffic Management
7. Conclusion and Outlook
This thesis provides a politico-legal assessment of the European contribution to securing sustainable space activities through the development of a Space Traffic Management (STM) system. It examines whether, how, and if Europe should contribute to STM, given its complex multilevel governance structure and current technical capabilities.
1.1. A picture of outer space – the threat of a system's collapse
In today’s climate of increased, even uncoordinated activities in outer space, the need for a Space Traffic Management (STM) system should appear without question, yet remains unresolved. Outer space is increasingly becoming more and more congested and contested. The competing situation in outer space increases collision risks in space operations. Due to space debris, safe access into outer space, operations in outer space and return from outer space to earth free from physical or radio-frequency interference will become difficult in the future and endanger the use of outer space as we know it. To date, there have been several confirmed, unintentional collisions between a functional satellite and another space object that have either damaged the satellite or destroyed both objects and created thousands of new pieces of space debris posing a new threat to other space objects. Even though some objects are gradually removed from orbit due to the drag force, the whole space system is bound to collapse in the near future due to space debris if countermeasures are not taken.
STM offers a means to deal with the challenges of an ever-increasing use of outer space. The efforts of technology development to solve this problem have been well developed, but regulatory issues still remain a major challenge. As with other traditional risk-related issues, the question is all too often focused on the dominant economic interests; the party carrying the residual risks has, until recently, not been part of the general enquiry. With outer space, the economics of ensuring long-term sustainability are finite, unless players are required to assume an economic share of the responsibility for the safety, security, and mobility of generations to come.
1. Introduction: Outlines the problem of increasing congestion in outer space and defines the research scope regarding Europe's potential role in STM.
2. Space Traffic Management – an overview: Defines STM as a set of technical and regulatory provisions and identifies its core elements like SSA and traffic rules.
3. International, national, and European governance over space activities: Analyzes the complex multilevel governance system in Europe and the roles of the EU, ESA, and UN.
4. EU competences and objectives in the field of Space Traffic Management: Examines the legal basis for EU involvement in STM based on the Lisbon Treaty and international law.
5. European activities and capabilities in the field of Space Traffic Management: Reviews existing European initiatives such as the SSA programme, SST framework, and various Codes of Conduct.
6. Europe's particular significance in the field of Space Traffic Management: Discusses Europe's strategic and technical adequacy to contribute to a comprehensive STM regime.
7. Conclusion and Outlook: Summarizes the findings and concludes that while Europe can contribute technically, actual traffic management remains a complex political and governance challenge.
Space Traffic Management, STM, Outer Space, Space Debris, European Union, EU, European Space Agency, ESA, Space Situational Awareness, SSA, Space Governance, Sustainability, Space Law, Collision Avoidance, Space Strategy.
The thesis addresses the urgent need for a Space Traffic Management (STM) system to mitigate the risks of space debris and orbital congestion, and evaluates how Europe can contribute to such a system.
The main themes include technical and regulatory challenges of STM, the complexities of European multilevel governance, and the legal constraints and capabilities of the EU and ESA.
The goal is to determine if Europe has the legal and technical capacity to contribute to STM, and to discuss the modalities of such a contribution.
The work utilizes a politico-legal assessment method, analyzing legal frameworks, treaties, European policies, and technical capabilities to synthesize an evaluation of Europe's role.
The main body details the components of STM, the governance triangles of European space actors, the specific EU competences under the Treaty of Lisbon, and an analysis of current European space initiatives.
Key terms include Space Traffic Management (STM), Space Situational Awareness (SSA), space debris, European space governance, EU competence, and space sustainability.
It creates a complex web of overlapping competences between the EU, ESA, and individual Member States, which can slow down decision-making and complicate the implementation of a uniform STM approach.
The EU provides political and financial leadership, while the ESA serves as the technical partner of choice; however, there is a recognized need to improve institutional arrangements to better facilitate collaborative STM measures.
It is legally significant because the definition of this boundary influences the applicability of either air law (which the EU manages) or space law, impacting the legal basis for EU involvement in STM.
The author concludes that while Europe is technically capable and should contribute to STM, actual space traffic management will likely be led by national states or the UN, with the EU playing a crucial supporting role through SSA and standardized best practices.
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