The Registration Policy of the Netherlands Dr Olivier

The Registration Policy of the Netherlands Dr Olivier Ribbelink T. M. C. Asser Institute, The Hague Current Issues in the Registration of Space Objects Workshop Berlin 20/21 January 2005 Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005

The Registration Policy of the Netherlands • • NL registration policy = NEW !! No national space policy No national space law, no national registry Space considered purely economic Ø co-ordinated by Ministry of Economic Affairs Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 2

The Registration Policy of the Netherlands • Until recently NL not a space-faring nation Øaccording to NL itself • Recent developments and changes ØE. g. NSS activities from NL • NSS is company incorporated in NL ØNational space law in the making, incl. registry Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 3

The Registration Policy of the Netherlands • No NL registration of satellites ØANS 1974, decayed in 1977 decay notification by US (launching state) ØIRAS 1983, still in orbit registered by launching state US ‘for NL’ Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 4

The Registration Policy of the Netherlands • NSS began life with satellites in orbit ØFrance and US launching states on behalf of Intelsat ØNo declaration acceptance RC by Intelsat ØSatellites not registered Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 5

The Registration Policy of the Netherlands • • NSS 513 NSS 703 NSS 806 May 1988 October 1994 February 1997 February 1998 France US Ø All transferred in orbit Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 6

The Registration Policy of the Netherlands New satellites for NSS • NSS 7 April 2002 • NSS 6 December 2002 France ØBoth in orbit delivery ØBoth not registered in accordance with RC Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 7

The Registration Policy of the Netherlands NL Note verbale 29 July 2003 to SG-UN: • NL appears in two entries Online Index ‘in square brackets and green’ in connection with launch space object still in orbit • ‘in square brackets and green’ means information obtained from other sources, not under RC Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 8

The Registration Policy of the Netherlands NL Note verbale 29 July 2003: • ‘NL is not the launching state’ Øfor purposes of Liability Convention • ‘NL is not the state of registry’ Øfor purposes of Registration Convention • ‘NL is not the launching authority’ Øfor purposes of Rescue Agreement Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 9

The Registration Policy of the Netherlands NL Note verbale 29 July 2003: • Both space objects ‘delivered in orbit after they were launched and positioned in orbit by persons not subject to jurisdiction or control of NL’ • No obligation NL under art. IV RC Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 10

The Registration Policy of the Netherlands NL Note verbale 29 July 2003: • NSS is company incorporated in NL • NL bears international responsibility in accordance with article VI OST • NL has jurisdiction and control in accordance with article VIII OST Ø when article VI then also article VIII (exclusively, no concurrent jurisdiction) Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 11

The Registration Policy of the Netherlands NL Note verbale 18 February 2004: • Informs SG-UN of ‘change in status of a space object that appears in Online Index’ • Object (NSS 513) now in graveyard orbit • NL requests to incorporate information ‘in square brackets and highlighted in green’ because not communicated in accordance with RC Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 12

The Registration Policy of the Netherlands NL Note verbale 18 February 2004: • Again explicitly stated that NL is not launching state, not state of registry, not launching authority • Object ‘transferred’ in orbit, after launch and positioning, and operated by persons not subject to jurisdiction or control of NL Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 13

The Registration Policy of the Netherlands NL Note verbale 18 February 2004: • NSS is company incorporated in NL • NL bears international responsibility in accordance with article VI OST • NL has jurisdiction and control in accordance with article VIII OST Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 14

The Registration Policy of the Netherlands Essence of both NL Notes verbale • NL bears responsibility for the operation of space objects by a NL company according to article VI OST and has exclusive jurisdiction and control according to article VIII OST Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 15

The Registration Policy of the Netherlands NL position • Space as such is not different from other areas of law in respect of responsibility: Ø due diligence under international law Ø obligations under international law re. environment and safety (of operations) For this NL accepts responsibility Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 16

The Registration Policy of the Netherlands • NL position is that the operational management of a private commercial company is not an act of state, but • NL accepts that the state is under an obligation of due diligence re. that private company Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 17

The Registration Policy of the Netherlands NL interprets in narrow sense: • private activities in space are ‘just’ private activities for which activities as such NL is not responsible when due diligence taken • Then NL not responsible for launch procurement activities by private companies Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 18

The Registration Policy of the Netherlands • NL fears that by registering under RC it could become launching state because definition launching state is same in RC and LC • definition launching state (state which procures) does not necessarily include private commercial activities, because these did not exist at time of conclusion LC and RC Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 19

The Registration Policy of the Netherlands • According to NL it is necessary to clearly differentiate between registration and liability • LC and RC are outdated because no adequate account of launches for third parties (states or private commercial companies) Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 20

The Registration Policy of the Netherlands • NL transmitted information to UN Registry (re. NSS 513, NSS 7, NSS 6) because NL accepts responsibility for activities of legal persons with NL nationality • NL does not accept responsibility for activities undertaken outside NL jurisdiction and responsibility Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 21

The Registration Policy of the Netherlands Remarkable development: • in five years from no policy to outspoken position, not commonly shared • Active participation in space law developments at governmental level Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 22

The Registration Policy of the Netherlands NL position consistent re. • treatment of private activities in space as private activities in general • position that LC and RC are outdated • acceptance of responsibility for operation of all satellites of NSS from date of acquisition Olivier Ribbelink T. M. C. Asser Institute Workshop Berlin 20/21 January 2005 23