Philippine Space Law and Its Enlightenment

YANG Kuan,SUN Yuning

Beijing Institute of Technology,Beijing,100081

Abstract:The Philippine Space Law was approved by the Philippine Senate and the House of Representatives on June 4,2019,and was signed by the Philippine President Rodrigo Duterte on August 8,2019 [1].The approval of this act can be of great significance in the development of Philippine’s outer space activities and astronautic industry.This article intends to discuss and analyze the Philippine Space Law background,main content,and its enlightenment with regard to the improvement of China’s space law system.

Key words:Philippine Space Law,enlightenment,China’s space legislation

1 BACKGROUND OF THE PHILIPPINE SPACE LAW

Based on the last decade of outer space development activities and the urgent need to obtain formal status in the international astronautic industry to conduct international space collaboration,the Philippines decided to construct their own space act.In general,the Philippines has started to utilize space technology and participate in international space activities more positively since the beginning of the 21st century[2].

Figure 1 Diwata 1 being released from the ISS Kindly credit to:Astronaut Tim Peake

As an example,the Philippines launched a microsatellite project in 2014.The 50 kg Diwata 1 is the Philippines’ first microsatellite designed,developed and assembled by the researchers and engineers from the Department of Science and Technology (DOST) of the Republic of the Philippines,the University of the Philippines Diliman under the guidance of Japanese experts from Hokkaido University and Tohoku University.The microsatellite was delivered to the Japan Aerospace Exploration Agency (JAXA),who was in charge of shipping it to the United states.lt was launched from Florida,the United States,in March 2016 onboard of Cygnus CRS-6 to the ISS and was successfully deployed in April,2016 from the ISS Japanese Experiment Module Kibo[3].In addition,the Philippine’s first cubic satellite Maya 1was launched into space by a SpaceX Falcon 9 FT rocket with Dragon CRS-15 in June 2018[4].Maya 1 is a collaborative project that the Philippines jointly worked with the Japan Kyushu Institute of Technology and it is used for collecting sensing data from ground terminals then re-transmitting it to a ground control system.In October 2018,the Philippines committed to Japan to subsequently successfully ferry Diwata 2 microsatellite into space.Both Diwata 1 and Diwata 2 are Earth observation satellites that can capture Earth images and fulfill environment evaluation[5].The success of these launches indicated that Philippines has become more capable of developing its own astronautic industry[2].Overall,the Philippines has spent many years on constructing a healthy and sustainable local ecosystem of space technology and setting up a consistent strategy on space exploitation and development.

Before the formal approval of the space law,there was no well-established legal system concerning outer space activities in the Philippines.Hence,the management of its space activity was mainly conducted through administrative measures[2].The lack of a set of definite policies and legal guidance resulted in serious difficulties for the systematical development and unified management of the Philippines outer space activities[2].Therefore,the Philippine government first proposed to establish the Philippine Space Agency under the Philippine Development Plan 2017-2022.Since 2010,the Philippine Ministry of Science and Technology has spent approximate 7.5 billion Philippine Pesos(143 million US Dollars).In addition,there are thousands of astronautic scientists,25 space related facilities nationwide,15 different projects performed by various universities and institutions,and 8 projects based on international cooperation in space research and development[3].Based on multiple years of technological development,legislation preparation,and the response in terms of the national demand on astronautic activity,the Philippine Space Law was approved in August 2019.

2 MAIN CONTENT AND ANALYSIS OF THE PHILIPPINE SPACE LAW

Figure 2 Diwata 2 during the final vibration testing before acceptance by JAXA

The full text of the Philippine Space Law consists of 29 articles,including the legislative justification,the Philippine space policy,the establishment of the National Space Administration and the national committee on outer space,legal guarantees,operational and development funding,compliance with the United Nations outer space treaties,etc.The main sections are as follows：

2.1 Purpose of Legislation

The second section of the Philippine Space Law is the "declaration of policy" which defines its legislative purpose：“(1) To safeguard Philippine sovereignty territorial integrity,Philippine interest,and the right to self-determination as mandated by Article II Section 7 of the 1987 Constitution;(2) To support and commit to the development,application,and utilization of science and technology (S&T) that will foster patriotism and nationalism and accelerate social progress,such as the development of space technology and applications for its security and for the benefit of citizens;(3) To ensure access to space and its environs as a sovereign right in the promotion of national security towards the attainment and protection of national interest;(4) To recognize that there is an urgent need to a coherent and unified strategy for space development and utilization to keep up with other nations in terms of space (S&T);(5) To ensure that Philippine has official representation in the international space community for establishing cooperation agreements and linkages on space development;and;(6) To ensure that Philippine abides by the various international space treaties and principles promulgated by the United Nations and is an active participant in the international space community,including activities for international rules and procedures concerning the Outer Space Treaty and Liability Convention,among others.”[6]

The above legislative purpose acknowledges that it has already realized the significance of space technology development and applications,and stressed the importance of a coherent and unified outer space strategy.Meanwhile,the Philippines treats the protection of space security and sovereign right as its foundation of outer space activity.

2.2 Philippine Space Policy

In section 4 and 5 of the Philippine Space Law it provides a specific exposition of the Philippine national space policy.Section 4 indicates that in the future decade the central goal of the Philippines in developing the space field is to become a space-capable nation,and the space policies that correspond to this target will be given more attention under the related national interests,including the promotion of the efficient utilization of space assets and resources,“establish capacity-building measures for human resources development,strengthen national defense,and enhance international cooperation.”[6]

Section 5 specifically clarifies the framework of space policy.“The Philippine space policy will focus on six key development areas：national security and development,hazard management and climate studies,building space industry capacity,space education and awareness,and international cooperation.”[6]Especially,the international cooperation part also elucidates that Philippines wishes to exhibit a critical contribution to the Association of Southeast Asian Nations and the global space community,which predicts that the Philippines hopes to achieve more share in international space matters by passing the Philippine Space Law.Even though the Philippines is not a traditional powerful country in space sector,the approval of this act provides the basis for the Philippines to exhibit its ability on international space stage.

2.3 Establishment of the National Space Agency and the National Council on Outer Space

Philippines hopes to possess an independent institution to perform its outer space plan.Hence,one of the most crucial contents in this law is the establishment of the National Space Agency.Besides,serving as a central government agent,it is responsible for all the national activities and problems related to space technology,space policy,and the adjustment,coordination,execution,and administration of its plan[6].The law also stipulates in detail the establishment,conditions of employment,duties of the administrator,deputy administrator and other staff of the Philippine space agency,as well as the transfer of functions of government agencies to enhance the functions of the Philippine Space Agency.

Furthermore,this law meanwhile sets up the Philippine Space Council (PSC)[6].The Outer Space Committee with the President of the Philippines as the chairman,the Minister for Science and Technology,Defense Minister as vice chairman of the Senate Science Committee,Chairman of the House Science Committee,Director of the National Economic Development,Finance Minister,Foreign Minister,Minister of Agriculture,Minister of the Environment and Natural Resources,Trade and Industry Minister,Minister of Information and Communications as members of the committee.PSC is defined as the principal advisory body on policies,projects and resources related to the application of space science and technology in the Philippines and is directly under the responsibility of the President of the Philippines[7].

2.4 Compliance with the United Nations Outer Space Treaties

The Philippine Space Law contains several explicit references to the Philippines’ adherence to and implementation of the relevant United Nations space treaties.According to the United Nations Office for Outer Space Affairs’ and accession to the United Nations Convention on Outer Space as of January 1,2019,the Philippines signed the Outer Space Treaty?General Assembly of the United Nations.Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,including the Moon and Other Celestial Bodies.1967.,the Rescue Agreement?General Assembly of the United Nations.Agreement on the Rescue of the Astronauts,the Return of Astronauts and the Return of Objects Launched into Outer Space.1968.,the Liability Convention?General Assembly of the United Nations.Convention on International Liability for Damage Caused by Space Objects.1972,and ratified the Moon Agreement?General Assembly of the United Nations.Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.1979.Section 8 of the relevant provisions of the Space Agency and Section 23,24 stipulate that after the ratification of the Liability Convention,Registration Convention,the Philippines will be in accordance with the United Nations Registration Convention.It lists all the outer space objects that the country is responsible for launching in accordance with the law,maintain a register of foreign airspace objects,and submit relevant information to the Register to the United Nations Office for Outer Space Affairs to implement the Liability Convention in accordance with the law.This suggests that the Philippines may initiate domestic procedures to ratify the relevant treaty as soon as possible[6].

2.5 Others Issues

The second,third and fourth parts of Section 8 of the Philippine Space Law are concerned with personnel training and social cognition regarding the space industry.The articles clearly stipulate that the Philippines attaches great importance to public participation,resource sharing and the education level in outer space science and technology,and will cooperate with universities,industry and other relevant institutions to conduct research and development activities aimed at developing education on outer space and raising public awareness.It will also provide policy support for academic R&D entities related to the application of science and technology for outer space.It can be seen from this article that the Philippine government attaches great importance to and supports the cultivation of aerospace technical talent[3].

As mentioned above,the Philippines has successfully developed microsatellites and expects to successfully produce the first small satellites in the first year of the establishment of the space agency.However,in general,there exists a relatively distinct distance from its core goal of becoming a space-capable nation.Due to the large investment and long period necessary to cultivate space activities,the Philippine Space Law also contains provisions for the allocation of space agency’s funds and the establishment of a space program development fund.According to this law,the Philippines will allocate 1 billion pesos for the construction of the space agency,allocate 10 billion pesos for the expenditure of space capital and allow income to be generated from its special products,services and royalties,and accept legal contributions to maximize the balance to meet the huge expenditures and provide financial support for the development of the follow-up space business[6].

3 ENLIGHTENMENT OF THE PHILIPPINE SPACE LAW ON CHINA’S SPACE LEGISLATION

Although the Philippine Space Law is still in its foundation stage for the Philippine’s outer space activities,it is the first basic space law issued by a developing country in Southeast Asia.It is about national space policy,the establishment of space agencies,and the observance of the outer space treaty.The regulations have certain enlightening significance for the improvement of China’s space management system and the improvement of outer space policies and legislation.

3.1 Accelerating the Process of China’s Space Legislation

Since the beginning of China’s space industry in the 1950s,China has conducted space exploration activities such as manned space flight and deep space exploration.With the continuous development of China’s space technology and space activities,China has long been a space power in the global sense[8].However,China’s space legislation process is very slow compared with the progress of outer space activities.Many space activities are still without the legal regulation,and there are no specific provisions for the regulation of activities,including the signing and ratification of international space treaties.The issue of legal status,the specific application of binding issues,and the transformation of domestic laws are all urgently needed to be resolved.The Philippine Space Law,as the first national space basic law promulgated by a developing country in Southeast Asia,could be an inspiration for the improvement of China’s space law regime.As a country that has just started its outer space business,the Philippines has already introduced its own space law,including clear guidelines and regulations on the development direction of the Philippine’s aerospace industry,aerospace strategy development,and aerospace objectives,including the upcoming development for the country.The norms of space activities,the prospects for outer space cooperation on international platforms,and the construction of management systems related to domestic and outer space activities.It can be seen that the space law is of great significance to an outer space activity and for industrial development.Its importance lies in the formation of a legal guideline for outer space activities and the formation of a complete legal system for outer space activities based on the space law.

For China,it is extremely urgent to formulate a national space law that suits its national conditions.The introduction of China’s space law can provide effective legal regulation and guarantee China’s relevant outer space activities,build a scientific management system for outer space activities,and further lay a solid foundation for the development of the aerospace industry.In addition,the introduction of a space law can also improve the existing legal system for outer space,provide a legal basis for establishing a scientific space activity management mechanism,and promote the new development of national space activities and national space technology[9].

A LM-3B launch vehicle prepares for launch

SQX-1 rocket waiting for launch

3.2 Coordinating and Improving the Management System for Space Activities

Since the beginning of China’s space industry,with adjustment of state institutions,the space management system and the competent authorities have undergone many changes.The management units of space activities have successively passed through the Seventh Ministry of Machinery Industry,the Ministry of Astronautics,the Ministry of Aerospace Industry,and China Aerospace Corporation.At present,China’s major aerospace management department is the China National Space Administration (CNSA)[10].Although it has been practiced for decades,China’s space management system still has issues such as fragmentation and overlapping functions.The management of military and civilian space activities is also divided into different systems[11].

In this regard,the provisions of the Philippine Space Law on the transformation of the functions of government agencies are worth learning[6].For example,the Philippine Space Law also established two separate functions of the Philippine Space Agency and the Philippine Committee on Outer Space.The Philippine Space Agency is the central government agency responsible for planning,developing and promoting the national space program in accordance with a Philippine external control policy.It is the main government administrative entity.The Philippine Committee on Outer Space is a second guarantee for key aerospace planning projects,recommending and approving the Philippine space policy that is consistent with international conventions,ensuring that resources are properly allocated to support the space agency to achieve its objectives,and that the Philippine President is directly responsible for meeting its obligations.As far as China is concerned,it may be considered to adjust the national space activity management institutions through space legislation and state control.China’s space management system has been practiced for decades but still has shortcomings.Therefore,it should be adjusted from the perspective of the law to coordinate and coordinate the management functions for space activities.

3.3 Regulating and Promoting the Development of a Commercial Space Industry

The Philippine Space Law explicitly provides legal support for the development of commercial space activities,such as to strengthen the capacity building of the aerospace industry,allow and actively encourage the participation of the private sector in outer space activities,etc[6].This demonstrates that the state supports and encourages the participation and cooperation of the private sector in the space industry.This would be a great promotion for the Philippine aerospace industry.With the continuous development of the Philippine outer space technology research and development,it is possible to utilize private sector funds easier to invest in the development and utilization of space,so that the state and the private sector have effectively an“invisible bundling”[9].Through the power of government entities,the private sector supports and helps to achieve the ultimate goal of the flourishing development of the Philippine space industry.However,in the Philippine Space Law,this clause is only a simple reference and encouragement clause,and there is no corresponding specific operational guideline,so it is still necessary to introduce market access and management systems involving non-governmental entities.

Even so,the Philippine Space Law undoubtedly reflects the government’s support and encouragement for private sector participation.For China,how to regulate and promote the development of commercial and private space activities through space legislation is also very important.At present,in addition to state-owned aerospace companies,there are also many emerging private commercial space companies in China.However,although commercial space activities and enterprises have begun to develop,they are still in their infancy,and there is no effective commercial market competition mechanism in China.The international competitiveness of China’s private commercial aerospace enterprises also needs to be improved.In this regard,we can learn from the Philippine Space Law’s attitude towards the private sector participation,and refine and clarify it,and develop supporting rules and policies,rather than limit it to the principles of licensing and support.

3.4 Fulfilling China’s international obligations concerning Space Activities

Section 23 and 24 of the Philippine Space Law clearly stipulate that the Philippines will bear the liability for damage caused by the Philippine government’s space objects registered in the Philippine Register of Space Objects in the Philippines;it clearly stipulates that the Philippine Government’s ratification of the Liability Convention and following the Registration Convention,the Philippine Space Agency will submit to the United Nations compliance with relevant international treaty obligations such as the information recorded in the Philippine Register in accordance with the United Nations Convention on Registration of Objects Launched into Outer Space.

As a responsible space power,China’s space legislators should pay more attention to the observance of the relevant international treaty obligations and demonstrate the role and responsibilities of major powers in international space affairs.China joined the Outer Space Treaty in 1983 and joined the Rescue Agreement,the Liability Convention and the Registration Convention in 1988.However,the application of the abovementioned outer space treaties in China still lacks a clear legal basis,as there are no specific provisions in China’s existing space regulations addressing this issue[3].Consequently,in the space law to be introduced in the future,it should be made clear that China will act in compliance with the outer space treaties it has joined.China shall also make efforts to strengthen the application and enforcement of relevant treaties in China through appropriate means.

4 CONCLUSION

Currently,there are more than 30 countries around the world which have already enacted law and regulations related to aerospace.The approval of the Philippine Space Law has enabled the developing countries in Southeast Asia to achieve a“zero breakthrough”in space law.With the increasing number of nations adopting legislate space law,as an influential power in the space field,China should also accelerate the pace of formulating its own space law to guide and regulate space activities,and make the international space implementation at the nation level,so as to further reinforce China’s voice on the international space stage.