The Registration Policy of the Netherlands Dr Olivier Ribbelink T.M.C. Asser Institute, The Hague

1. The Registration Policy of the NetherlandsDr Olivier RibbelinkT.M.C. Asser Institute, The Hague Current Issues in the Registration of Space ObjectsWorkshop Berlin 20/21 January 2005

2. 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 • co-ordinated by Ministry of Economic Affairs Workshop Berlin 20/21 January 2005

3. The Registration Policy of the Netherlands • Until recently NL not a space-faring nation • according to NL itself • Recent developments and changes • E.g. NSS activities from NL • NSS is company incorporated in NL • National space law in the making, incl. registry Workshop Berlin 20/21 January 2005

4. The Registration Policy of the Netherlands • No NL registration of satellites • ANS 1974, decayed in 1977 decay notification by US (launching state) • IRAS 1983, still in orbit registered by launching state US ‘for NL’ Workshop Berlin 20/21 January 2005

5. The Registration Policy of the Netherlands • NSS began life with satellites in orbit • France and US launching states on behalf of Intelsat • No declaration acceptance RC by Intelsat • Satellites not registered Workshop Berlin 20/21 January 2005

6. The Registration Policy of the Netherlands • NSS 513 May 1988 France • NSS 703 October 1994 US • NSS 803 February 1997 France • NSS 806 February 1998 US • All transferred in orbit Workshop Berlin 20/21 January 2005

7. The Registration Policy of the Netherlands New satellites for NSS • NSS 7 April 2002 France • NSS 6 December 2002 France • Both in orbit delivery • Both not registered in accordance with RC Workshop Berlin 20/21 January 2005

8. 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 Workshop Berlin 20/21 January 2005

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

10. 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 Workshop Berlin 20/21 January 2005

11. 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 • when article VI then also article VIII (exclusively, no concurrent jurisdiction) Workshop Berlin 20/21 January 2005

12. 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 Workshop Berlin 20/21 January 2005

13. 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 Workshop Berlin 20/21 January 2005

14. 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 Workshop Berlin 20/21 January 2005

15. 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 Workshop Berlin 20/21 January 2005

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

17. 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 Workshop Berlin 20/21 January 2005

18. 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 Workshop Berlin 20/21 January 2005

19. 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 Workshop Berlin 20/21 January 2005

20. 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) Workshop Berlin 20/21 January 2005

21. 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 Workshop Berlin 20/21 January 2005

22. 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 Workshop Berlin 20/21 January 2005

23. 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 Workshop Berlin 20/21 January 2005