1998 Intergovernmental Agreement On Space Station Cooperation
November 27th, 2020
November 27th, 2020
The legal framework for the International Space Station is established at three levels of international cooperation agreements. The common philosophy of this approach is that goods and services are exchanged by space agencies without exchange of funds. The exchange system has significantly reduced technical and financial risks and supported the standardization and community process in the space station program. The terms of an exchange or sale are defined on a case-by-case basis by the parties to the transaction and must respect the overall legal framework of the space station. Four MoUs between the National Aeronautics and Space Administration (NASA) and each cooperative space agency: the European Space Agency (ESA), the Canadian Space Agency (CSA), the Russian Federal Space Agency (Roscosmos) and the Japan Aerospace Exploration Agency (JAXA). The International Space Station Intergovernmental Agreement, often referred to as the “IGA,” is an international treaty signed on 29 January 1998 by the 15 governments involved in the space station project. , in accordance with international law” (Article 1); The European Space Agency`s allocation rights represent 8.3% of the resources for the use of the space station (for example. B communications) and 8.3% of occupancy time, or about 13 hours per week. For tourist accommodation establishments (for example. B Laboratories), ESA has entered into an exchange agreement with NASA for the use of 51% of the European Columbus laboratory in exchange for shuttle services. The purpose of these agreements at the space agency level is to describe in detail the roles and responsibilities of agencies in the design, development and use of the station. In addition, the agreements aim to define the management structure and interfaces necessary to ensure effective use of the station; The Intergovernmental Agreement allows the Space Station`s partner states to extend their national jurisdiction in space so that the elements they have provided (for example.
B laboratories) are assimilated to the territories of partner states. The international Space Station`s legal framework recognizes fundamental rules of responsibility for space activities, such as the Convention on Responsibility (1972), and goes even further. Therefore, each space agency and its associated companies – any industry or academic institution bound by contract – is required to identify its technical data or goods by a communication indicating specific conditions regarding the use of this data or these products by other agencies, their contractors and subcontractors. The ownership and exploitation of the intellectual property – data or products – resulting from the use of the space station then depend to a large extent on the type of contract signed by users with ESA. But the overall framework of the space station already sets out the following principles for intellectual property rights. The intergovernmental agreement provides for a “cross-waiver of liability” that prohibits one of the five associated partners or companies (contractor, subcontractor, user, customer) from claiming damages against another partner (or related companies) against another partner (or related companies) for damage caused by the activities of the International Space Station (Article 16 of the Intergovernmental Agreement).