Part III THE ASTRONAUTS IN THE SPACE STATION ERA. ANDRE FARAND - ESA ECSL Summer Session, Leuven 5 September 2003

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1 Part III THE ASTRONAUTS IN THE SPACE STATION ERA ANDRE FARAND - ESA ECSL Summer Session, Leuven 5 September 2003

2 Treaties/Conventions adopted in the 60 s and 70 s under the auspices of the UNCOPUOS were characterising the astronauts as Envoys of mankind ; Current preoccupation: regulating all aspects of human life in permanent inhabited facilities in outer space.

3 Long duration human presence in outer space - until November 2000, only Russia had the capability; Flight transportation for astronauts: USA and Russia have the capability; the offer is limited: only 2 providers; Contract: fare-paying basis or cooperative project; ESA s 1987 decision to develop an in-orbit infrastructure (Columbus + Hermes programmes).

4 SHIFT IN PHILOSOPHY: The 1998 ISS MOU outlines a different approach from the one of 1988 where NASA had broader control over ISS astronauts matters: a number of new cooperative bodies are established: (a) the Multilateral Crew Operations Panel (MCOP): Top-level coordination and resolution of Space Station crew matters affecting all Partners; (b) the Multilateral Medical Policy Board (MMPB): Coordination and oversight of crew health issues; (c) the Human Research Multilateral Review Board (HRMRB): Assures the health, safety and well-being of human research subjects.

5 PURSUANT TO ISS IGA +MOUs: Each Partner has the right to provide personnel to serve as Space Station crew from the time the Partner begins to share common system operations responsibilities; The four crew opportunities (outside Russian segment) will be allocated to NASA, ESA, the GOJ and CSA, commensurate with utilisation resources allocations and will be satisfied over time; During assembly and verification: right to participate in on-orbit assembly and system verification of the Columbus laboratory and other ESA flight elements.

6 The ISS Crew Code of Conduct (CCOC) Article 11 of IGA provides that the CCOC would be developed and approved by all the Partners; 4 Sessions of negotiations between the 5 Partners (July February 2000) lead to finalisation of text; a truly multicultural exercise; Approval process (and status of document): different for each Cooperating Agency/Partner.

7 Content of the CCoC: A number of issues of significant interest I- Regulation applicable to astronauts: wide range, many sources (national and international), duty of the Cooperating Agency providing the astronaut to inform him/her of the legal framework and its content; II- The astronaut is subject to a disciplinary policy applied by the partnership: this policy is established and updated by the Multilateral Crew Operations Panel (MCOP); III- What is the scope of application of the CCoC? When and Where; expedition crew members/visiting crew members; professional astronauts/spaceflight participants

8 Issues of significant interest in the CCoC (2): IV- Personal gains; personal effects and mementos; V- Harassment in general; individually of collectively; VI- Commander s responsibility with regard to payloads: nationality and right to dispose of payloads; VII- Use of force on board the ISS;

9 Issues of significant interest in the CCoC (3): VIII- Rules concerning security of information: results of experiments conducted on board the ISS and the need to protect intellectual property rights; IX- Implementation of the CCoC in the framework of the Partner States national law - possibility of applying rights and obligations defined in the CCoC to the astronauts; X- Involvement of Partner States (governments) in approval of the CCoC.

10 CCoC: upcoming challenges with astronauts activities on ISS Non-Partner nationals: matters covered under CCoC + issues related to application of criminal jurisdiction; the need to apply the Non-Partner Process (taxi flights with Soyuz); Professional astronauts and spaceflight participants: from Dennis Tito to Mark Shuttleworth, to Lance Bass?; Commercialisation of ISS utilisation: boundaries of astronauts participation.

11 IGA provisions relevant to astronaut activities: Cross-waiver of liability (Article 16 of IGA): The cross-waiver is a commitment not to present claim for damage in the partnership for ISS-related activities; Because of close interactions in outer space, astronauts are more at risk to generate/be victim of damage; Exception to cross-waiver: claims from a natural person, its successor and subrogees, for injury or death inflicted by Space Station activities (the Japan-specific clause).

12 IGA provisions relevant to astronaut activities: Criminal jurisdiction (Article 22 of the IGA): Significant discussion on background, including: - bases for Partner States to exercise their jurisdiction; relationship with Article 5 of the IGA on Jurisdiction; - astronauts as envoys of mankind and national heroes; - practical aspects: location of landing (alleged perpetrator of criminal act); - extradition, mutual legal assistance in criminal matters.

13 Criminal jurisdiction (Article 22 of the IGA): - Basis for jurisdiction: nationality of the alleged perpetrator (and not, as before, nationality of flight element); - As an alternative, the Victim Partner States may exercise jurisdiction on a non-national if some conditions are met (failure of the national State to examine possibility of laying charges + consultations); - the IGA can constitute a treaty basis to proceed with extradition;

14 Criminal jurisdiction (Article 22 of the IGA): - The Partners shall provide mutual legal assistance to the others (evidence to be submitted to a trial before a competent court of a Partner State); - Confirmation of non interference between (a) IGA provisions on criminal jurisdiction, and (b) IGA provisions on the ISS CCOC (because interference could undermine the Commander s authority).

15 The ESA European Astronaut Corps (EAC): The European Astronaut Centre established in Cologne on 30 May 1990 (establishment agreement with Germany); Through a Resolution of March 1998, the ESA Council endorsed the building-up of the EAC: the national agencies accept a single European astronaut corps under the ESA Director General s authority. Policy is changed in June 2002: non active status; The European astronauts are ESA staff - this has consequences for ISS Cooperation (ESA to ensure implementation of CCOC); Mission Specialist Training (in Houston); training in Star City; Early 2000: establishment of the EAC Team.

16 Conclusions: More work needed to develop rules governing activities of Space Station crew members, including at government level; Need for standardisation for implementation of ISS rules, including those affecting crew members, in the European Partner States.