@InProceedings{SantosSouzBitt:2018:CaStDe,
author = "Santos, Marcia Alvarenga dos and Souza, Marcelo Lopes de Oliveira
e and Bittencourt neto, Olavo de Oliveira",
affiliation = "{Instituto Nacional de Pesquisas Espaciais (INPE)} and {Instituto
Nacional de Pesquisas Espaciais (INPE)} and {Universidade de
S{\~a}o Paulo (USP)}",
title = "The oscar small satellites series: a case study for the
development of environmental space law",
year = "2018",
organization = "International Astronautical Congress, 69.",
abstract = "In the beginning of the Space Age, large, heavy, complex, high
tech satellites (civil or military) with the then state of the art
technologies, were built and launched by State actors, inducing
the development and later applying specific provisions of Space
Law. At the time, they were viewed as representing no significant
environmental in-orbit concern due to their small number, long
life, total monitoring and control, and/or provisions for decay,
reentry or removal. A notable exception to this was the OSCAR
satellites series. These were relatively small, light, simple,
low-tech satellites, built by radio-amateurs, carried along big
rockets, which did not immediately lead to the creation of
specific regulation. Despite not generating much attention from
the international community, those space objects were the
forerunners of the current trend towards increasing use of small
satellites, currently justifying discussion of applicable
provisions to protect the outer space environment. The present
paper aims to review and discuss the problem represented by the
growing number of low-tech small satellites in Earths orbit, as
well as the insufficient amount of specific norms to avoid or
reduce their impact to the outer space environment. This includes
damage or destruction by interference, contamination, collision or
other types of damage to (i) an area considered res communis
omnium; (ii) operational space objects; (iii) an orbital niche;
(iv) ground facilities (by risk of re-entry, fall, impact on the
soil, on humans, on human facilities, on air, maritime, and
terrestrial traffic); and (v) collateral activities
(communication, sensing, meteorology, etc.). The purpose of this
paper is to review and discuss the Space Law upon the OSCAR series
as forerunners of the Environmental Space Law upon small
satellites. The methodology proposed is to provide a review and
discussion of the legal instruments induced and/or applicable to
the risks represented by small satellites such as those of the
OSCAR series, including the IADC Report on Space Debris (1995),
the Outer Space Treaty (1967), the Liability Convention (1972) and
Registration Convention (1974). The results envisioned include
review, discussion and considerations, from both technical and
legal standpoints, to be developed and presented to the
international community, considering applicable de lege lata and
de lege ferenda initiatives.",
conference-location = "Bremen",
conference-year = "01-05 oct.",
language = "pt",
urlaccessdate = "28 abr. 2024"
}