Conference on Disarmament Documents on PAROS

June 30, 2009 at 7:57 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The Conference on Disarmament (CD) website has posted a new page that includes CD documents relating to PAROS from 1993 to present. Similar pages have been set up for Nuclear Disarmament and Fissile Materials.

Gallileo Report From the European Court of Auditors

June 29, 2009 at 3:54 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The European Court of Auditors has issued Special Report No 7/2009 (pursuant to Article 248(4), second subparagraph, EC) The management of the Galileo programme’s development and validation phase together with the Commission’s replies. The executive summary reads:

EXECUTIVE SUMMARY

I.
The EGNOS and Galileo programmes were initiated in the mid 1990s with the aim of establishing a European Global Navigation Satellite System (GNSS). EGNOS is a regional satellite based augmentation system for Europe that improves the signals coming from existing satellite navigation systems such as GPS. Galileo is currently under development as Europe’s Global Satellite Navigation System.

II.
In order to manage the development and validation phase of the Galileo programme, the European Commission and the European Space Agency (ESA) set up a dedicated structure, the Galileo Joint Undertaking (GJU), which operated from September 2003 until the end of 2006. In 2007, the activities of the GJU were transferred to the GNSS Supervisory Authority, a Community Agency.

III.
The Galileo programme was the first of its kind in several respects: it was the first close collaboration between the ESA and the Commission on such a large space programme, the first industrial programme to be managed at European level and the first time the Commission was to participate in a public-private partnership.

IV.
Negotiations with the private sector on a concession agreement stalled in early 2007 and the Parliament and the Council decided to redirect the programme in autumn 2007. Technological development has been set back five years. As at the end of 2008, no operational satellites have been launched and cost estimates for the development and validation phase have almost doubled from 1,1 to 2,1 billion euro. The Court’s audit of the development and validation phase of the Galileo programme examined:
(i) which factors accounted for the failure of the concession process;
(ii) which factors accounted for the reported delays and cost overruns of technological development;
(iii) to what extent spending on research and development activities has benefited the Galileo programme;
(iv) how well the GJU had integrated EGNOS into Galileo;
(v) whether the Galileo programme was adequately governed.

V.
The Court concluded that management of the development and validation phase was inadequate. The Galileo programme experienced problems at different levels:
(i) The GJU was not a strong programme manager nor was any other body assigned this role. The GJU did not achieve most of its objectives – owing, however, to factors that were largely outside the GJU’s control.
(ii) The programme lacked a strong strategic sponsor and supervisor: the Commission did not proactively direct the programme, leaving it without a helmsman.
(iii) Owing to their different programme expectations, Member States intervened in the interest of their national industries and held up decisions. The compromises made led to implementation problems, delays and, in the end, to cost overruns.

VI.
The PPP was inadequately prepared and conceived. As a result, the GJU was required to negotiate a PPP which was unrealistic.

VII.
The GJU’s task of supervising the technological development activities was seriously constrained by governance issues, an incomplete budget, delays and the industrial organisation of the development and validation phase.

VIII.
Discontinuities, the inappropriateness of the Sixth Framework Programme (FP6) for funding market development activities, the absence of a comprehensive market development approach and delays account for the limited usefulness of Galileo RTD results.

IX.
The integration of EGNOS into Galileo was only partially successful because the GJU’s mandate was not clear, the decision to include EGNOS in the concession negotiations held up the achievement of the EGNOS programme, the EGNOS institutional framework was not clear and the GJU devoted little effort to market development for EGNOS.

X.
The programme’s governance was inadequate. The division of roles between the entities involved in the development and validation phase of the programme (EU and ESA Member States, Commission, GJU and ESA) was not clearly defined. The Commission did not provide adequate leadership in developing and managing Galileo.

XI.
If the mid-2007 redirection of the EGNOS and Galileo programmes is to succeed, the Commission must considerably strengthen its management of the programmes. This report includes a number of recommendations aimed at supporting the Commission in this task.

XII.
Finally, should the EU resolve to engage in other large infrastructure programmes, the Commission must ensure it has access to the appropriate management tools.

Library: A Round-up of Reading

June 29, 2009 at 11:13 am | Posted in Library | Leave a comment

Articles
Brian Beck, The Next, Small, Step for Mankind: Fixing the Inadequacies of the International Space Law Treaty Regime to Accommodate the Modern Space Flight Industry, 19 Alb. L.J. Sci. & Tech. 1 (2009)

Tare C. Brisibe, Customary International Law, Arms Control and the Environment in Outer Space, 8 Chinese Journal of International Law _ (2009).

James E. Oberg, Down in Flames: Media ‘Space Experts’ Flub the Shoot-Down Story, The New Atlantis

CHRISTOPHER K. TUCKER, OpEd: A New Standard for National Reconnaissance, Space News

Bharath Gopalaswamy and Jürgen Scheffran, Time for a missile test ban, Bulletin of Atomic Scientists

Scott Pace, Challenges to US space sustainability, Space Policy

Reports
International Aviation: Federal Efforts Help Address Safety Challenges in Africa, but Could Benefit from Reassessment and Better Coordination. GAO-09-498, June 16

Aviation Safety: Better Data and Targeted FAA Efforts Needed to Identify and Address Safety Issues of Small Air Cargo Carriers. GAO-09-614, June 24

ESPI – Space Policies, Issues and Trends

Fact Sheets
Secure World Foundation – Protecting Earth from Near Earth Objects

Blogs
Mr. Charles E. Allen, Former Under Secretary of Homeland Security for Intelligence and Analysis, DHS, Calls Killing Domestic Spy Program a “Mistake” – Got GEOINT?

Josh Hartman Tells Defense News There is a “Policy Void” on Data Sharing for Space Situational Awareness – Space Policy Online

Russians Say ‘Nyet’ To Another Iranian Satellite – Danger Room

Mojave gets SpaceShip Two licence – Hyperbola

House Report: Intelligence Authorization Act For Fiscal Year 2010

June 29, 2009 at 11:06 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The House of representatives has released its report on the Intelligence Authorization Act For Fiscal Year 2010. This report includes mention ITAR and how it relates to commercial imagery:

Section 341. Report on International Traffic in Arms Regulations
The executive branch and industry have repeatedly identified the
International Traffic in Arms Regulation (ITAR) as an impediment
to technology development. ITAR was intended to protect sensitive
technologies and information from being transferred to nations
deemed a potential security risk. Government and industry assert
that the State Department has managed ITAR in such a way so as
to encourage non-U.S. companies to develop a collaborative research
and development environment that has allowed the indigenous production of banned technologies, which defeats the premise of ITAR and causes a significant loss of market share in key industries for U.S. corporations.

This section requires the DNI to report to the congressional intelligence
committees and to the congressional foreign affairs committees
regarding the threat to national security posed by foreign government
attempts to acquire sensitive technology and the effectiveness of ITAR in mitigating that threat.

The Foreign Relations Authorization Act for Fiscal Year 2010, which passed the House in June 2009, would give the President Authority to reform certain aspects of ITAR’s management. The Committee expects that the report required by this section will help the President and Congress better evaluate the merits of such a decision.

Commercial imagery providers have suggested that the U.S. Government has imposed on them significant legal restrictions. These
providers are concerned that U.S. restrictions on the sale of commercial imagery are beginning to inhibit their growth and their
competitiveness in foreign markets, especially as foreign imagery
satellites improve and foreign reliance on U.S. systems diminishes.
The Committee expects the report called for by this section to help
Congress better understand the implications of these restrictions.

H.R. 3093: To require the Transportation Security Administration to engage in a negotiated rulemaking process for the purposes of creating a security regiment for general aviation aircraft.

June 29, 2009 at 10:02 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

United States CongressH.R. 3093: To require the Transportation Security Administration to engage in a negotiated rulemaking process for the purposes of creating a security regiment for general aviation aircraft was introduced on June 26, 2008 by Rep. Charles Dent (R-PA15). The text is not yet available.

Russia-Angola Space Cooperation

June 29, 2009 at 9:57 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From a Roscosmos press release (unofficial Google translation):

27-06-2009 An official visit by Russian President Dmitry Medvedev to Angola. In the presence of leaders of the two countries signed several documents, including contracts for the establishment and funding of the project Angolan Satellite Communications System
In the Presidential Palace was held the Russian-Angolan talks with delegations of two countries. Then, Dmitry Medvedev and President of Angola Jose Eduardo dos Santos met face to face.

As a result of negotiations made the Joint Communiqué. The priority areas for strengthening partnerships in the industry are mining, energy, transportation, telecommunications, military-technical cooperation, education and health.

The communiqué noted the general approach of both countries in promoting peace and security in a democratic world order based on the principle of multipolarity, supremacy of international law in the interests of all States. The paper focuses on the improvement of the UN, as well as a new international financial system with the participation of all members of the international community.

In the presence of the leaders signed several bilateral documents, including intergovernmental agreements on air services, the promotion and reciprocal protection of investments, on cooperation in geology and higher education, a program of economic, scientific-technical and trade cooperation in the years 2009-2013. Contracts for the establishment and funding of the project Angolan Satellite Communications System «Angosat».

At the conclusion of the negotiations the Presidents of Russia and Angola have made statements to the press and answered questions from journalists.

During the visit, a meeting of heads of the Russian state with the chairman of the National Assembly of Angola, Fernando da Piedade Dias dos Santos, to discuss issues of inter-parliamentary cooperation. At a meeting with Dmitry Medvedev, Prime Minister of Angola, António Paulo Kassomoy governments dealt with issues of interaction between the two countries.

According to the site of the President of Russia (http://www.kremlin.ru/sdocs/news.shtml # 218543)

This is an unofficial translation and is provided to the readership of Res Communis as a convenience.

Finding of No Significant Impact: Nuclear Spectroscopic Telescope Array (NuSTAR) Mission

June 29, 2009 at 9:04 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

NASA has issued a Finding of No Significant Impact for the Nuclear Spectroscopic Telescope Array (NuSTAR) Mission in accordance with the National Environmental Protection Act (NEPA. The notice was published in today’s Federal Register (74 Fed. Reg. 31071-31073) (PDF):

SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 43321 et seq.), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA policy and procedures (14 CFR part 1216 subpart 1216.3), NASA has made a Finding of No Significant Impact (FONSI) with respect to the proposed NuSTAR mission. The proposed action would be the launch of the NuSTAR Mission on a Pegasus XL launch vehicle from the Reagan Test Site (RTS) at U.S. Army Kwajalein Atoll (USAKA), the Republic of the Marshall Islands (RMI) in August 2011. The only other alternative that was considered in detail was No Action.

Senate Armed Services Committee Completes Markup of National Defense Authorization Bill for Fiscal Year 2010

June 26, 2009 at 10:20 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The Senate Armed Services Committee has completed markup of the Defense Authorization Act for FY 2010. The space related matter can be found in the Press Release in the portion on the Subcommittee for Strategic Forces:

SUBCOMMITTEE ON STRATEGIC FORCES
Under the leadership of the Chairman Bill Nelson (D-FL), and Ranking Member David Vitter (R-LA), the Strategic Forces Subcommittee reviewed DOD programs for national security space, strategic forces, ballistic missile defenses, intelligence, reconnaissance and surveillance, and cyber security, as well as DOE nuclear and environmental management programs.

Specifically, the subcommittee included the following funding and legislative provisions:

Ballistic Missile Defense
• The markup authorizes funding for the Missile Defense Agency at the level requested in the President’s budget request – $7.8 billion.
• The bill supports all the missile defense decisions announced by the Secretary of Defense on April 6th, including:
* Adds $700 million to field additional THAAD and Standard Missile-3 theater missile defense systems;
* Adds $200 million for conversion of six additional Aegis ships for missile defense capabilities;
* Caps deployment of Ground-Based Interceptors (GBIs) at 30, and produces all GBIs on contract;
* Terminates the Multiple Kill Vehicle (MKV) program;
* Terminates the Kinetic Energy Interceptor (KEI) program;
* Cancels the second Airborne Laser (ABL), and refocuses the ABL program as a technology research effort.
• Authorizes an increase of $25 million for the joint U.S.-Israeli development program of a short-range ballistic missile defense system.
• Includes a provision that would express the Sense of Congress on development, fielding, and testing of ballistic missile defenses.
• Includes a provision that would require a comprehensive test and evaluation plan for U.S. ballistic missile defense programs.
• Includes a provision that would require the Secretary of Defense to submit a report on potential ballistic missile cooperation with Russia.
• Includes a provision that would require a detailed assessment of the Ground-based Midcourse Defense (GMD) system, and a detailed plan for how the Department will achieve and sustain its planned GMD capability.

Space Programs
• Requires DOD, the Department of Commerce, and the National Aeronautic and Space Administration to complete a program management and funding plan and prohibits the Air Force from spending more than 50 percent of the funds available for the National Polarorbiting Operational Environmental Satellite System (NPOESS) until the plan is submitted. Also, adds $80 million for NPOESS.
• Provides $50 million for new military satellite communications technology development for future applications.
• Adds $40 million for ORS-1 satellite.
• Spaced-based Infrared Satellite (SBIRS) – Adds $15 million for operations to support utilization of the SBIRS HEO sensor and for the ground control stations.
• Adds $115 million for Operationally Responsive Space (ORS) to develop new small satellite imaging capability competitively.
• Directs DOD to develop competitively a commercial 1.5-meter imaging satellite

S. 1380: A bill to amend title 1 of the Omnibus Crime Control and Safe Streets Act of 1986 to include nonprofit and volunteer ground and air ambulance crew members and first responders for certain benefits

June 26, 2009 at 10:13 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

United States CongressS. 1380: A bill to amend title 1 of the Omnibus Crime Control and Safe Streets Act of 1986 to include nonprofit and volunteer ground and air ambulance crew members and first responders for certain benefits was introduced on June 25, 2009 by Sen. Patrick Leahy (D-VT). The text is not yet available.

H. Res. 581: Expressing the sense of the House of Representatives that the President should take all necessary steps to expeditiously deploy a missile defense system in Europe that will help provide such a defense to United States allies in Europe while enhancing United States defenses against missile attacks.

June 26, 2009 at 10:09 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

United States CongressH. Res. 581: Expressing the sense of the House of Representatives that the President should take all necessary steps to expeditiously deploy a missile defense system in Europe that will help provide such a defense to United States allies in Europe while enhancing United States defenses against missile attacks was introduced on June 25, 2009 by
Rep. Ileana Ros-Lehtinen (R-FL18). The text is not yet available.

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