International Institute of Space Law

Interview with Tanja Masson-Zwaan

Tanja Masson-Zwaan became President of the International Institute of Space Law (IISL) on 1 January 2008, succeeding Dr Nandasiri Jasentuliyana.

A Dutch citizen, she holds a Masters degree in public international law from Leiden University in the Netherlands.

She was Co-Director of the International Institute of Air and Space Law (IIASL) at Leiden University from 1985-1990, where she has returned this month as Deputy Director, in charge of space law teaching, managing and marketing the LLM programme in air and space law, and other matters.

Later, she worked for the aerospace insurance and consulting company Aon Explorer in France, and then created Adastra Consulting, working as an independent consultant on various projects in the fields of air and space law.

Within IISL, Mrs Masson-Zwaan has been responsible as Secretary inter-alia for the organisation of the annual Colloquia on the Law of Outer Space held in conjunction with the International Astronautical Congress, a variety of regional conferences and other meetings. She also organised the Manfred Lachs Space Law Moot Court Competition and the representation of IISL at international forums.

The application of law to space affairs is a complex subject. What exactly is 'space law' and what first attracted you to the discipline?

Space law is the body of national, regional and international laws and regulations that govern space activities.

'Space activities' include those actually taking place in outer space (e.g. activities on board the ISS, the establishment of a permanent base on the Moon, the pollution of the outer space environment by debris), activities taking place from space, directed towards Earth (satellite communications, direct broadcasting, navigation, remote sensing, etc.), and activities taking place on Earth or above the ground, and directed towards outer space (launching activities and possibly commercial transportation of passengers into space).

Space law provides the needed certainty for space activities to be undertaken in an orderly manner. Without such certainty, the huge investments needed might not be forthcoming.

Space law is not that complex. In fact, that is perhaps what attracted me to this field. The principles agreed among states in the five UN treaties and several UN General Assembly Resolutions are quite sensible and straightforward, and therefore they have enabled space activities to develop tremendously since the first treaty came into force forty years ago. If the drafters had tried back then to 'set in stone' every single aspect of space activity they could imagine, and beyond, space law would probably not have been as successful as it is today.

The principles strike a good balance between allowing and prohibiting, and leave sufficient possibility for most new space endeavours to be accommodated. The role of space lawyers is to interpret those principles, making sure that on the one hand several basic principles are safeguarded, and that on the other hand new and exciting activities such as space tourism can be carried out within a clear legal framework.

I must note however that space law nowadays is becoming more complex and technical in nature which is inevitable, considering the huge increase in space activities.

You have just become President of the International Institute of Space Law. What is the role of the IISL President?

According to our Statutes, the President of the Board of Directors guides and supervises the activities of the Institute, and represents the Institute in its external relations, including those with the International Astronautical Federation.

The IISL has recently been formally established as an association (NGO) under Dutch law, and its structure has been improved to better fulfill its role. With the support of our experienced Board of Directors, I would like to further increase the relevance of the Institute's work in the 'real world'.

My predecessor Nandi Jasentuliyana has done a lot to set this process in motion, and we have seen a real improvement. IISL is consulted by international bodies such as the UN, and the issuing of Statements has enabled the debate on legal issues, for instance on the illegality of 'real property rights' on the Moon.

But more can be done, and I would for instance like to increase the image of our annual Colloquia during the International Astronautical Congress (IAC), which are sometimes regarded as 'too academic'. We must address topics that are of real interest to all space actors, and involve them in our discussions.

I would also like to further enhance the Manfred Lachs Space Law Moot Court Competition, by increasing the participation in Europe and by adding new regions such as Latin America or Africa. It is absolutely essential to involve the new generation of space lawyers in our work, and the competition is an excellent way for students to discover this exciting field of law.

By the way, we always accept several abstracts by students in each of our Colloquium sessions, because the interaction between students or young professionals and 'old(er) hands' is enriching for everyone.

What is the future of space law. How does the entry of private companies flying astronauts into space play a part?

The general legal framework for space activities under public international law as contained in the UN treaties is in place, and it has been sufficiently general and sufficiently flexible to enable (and to encourage!) states to carry out space activities in an orderly manner.

However, the time has come to envisage further development of these principles. This next stage of law-making can take many forms, although I am not too optimistic about the possibility of concluding new international treaties, amendments or even additional protocols to the treaties. But there are other ways to develop space law.

International law is not necessarily codified in a treaty, it can also be contained in 'custom' or in 'soft law'. International custom can develop inter alia through regional or national practice; we see more and more states enacting national space legislation, and regional agreements or codes of conduct are being concluded among states, space agencies or private companies. All these play an important role in the further development of space law.

Detailed regulations governing the more technical aspects of space operations are being developed on the basis of technical studies, for instance concerning debris. Private international law aspects also need to be covered. This is taking shape for instance with the elaboration of the Space Protocol to the 2001 Cape Town Convention on International Interests in Mobile Equipment (ensuring protection of space assets, such as satellites launched by the private sector).

Similarly there will be several aspects relating to space tourism that need to be covered. Indeed, commercial transportation of passengers into outer space is the latest achievement of human activity in space. The technology has arrived, and now we need to develop a legal framework; once again, legal clarity is essential in order to encourage such activities. Of course, private companies are not states and will not be the ones to conclude an international legal regime (although they can play a role in its elaboration). In any case, states will remain responsible for the activities of companies operating under their jurisdiction, so a system of licensing is inevitable. We will probably go towards a system similar to the one for international civil aviation, with an organisation at intergovernmental level responsible for regulating issues like safety, registration, liability etc.

I am convinced that we cannot and should not stop the human drive to conquer its boundaries, but we do need to make sure it is done within a sound legal framework.

It is my wish that IISL can make clear that law's role is not to hamper exploration and exploitation of outer space, but to encourage it.



	Interview with Tanja Masson-Zwaan Tanja Masson-Zwaan became President of the International Institute of Space Law (IISL) on 1 January 2008, succeeding Dr Nandasiri Jasentuliyana. A Dutch citizen, she holds a Masters degree in public international law from Leiden University in the Netherlands. She was Co-Director of the International Institute of Air and Space Law (IIASL) at Leiden University from 1985-1990, where she has returned this month as Deputy Director, in charge of space law teaching, managing and marketing the LLM programme in air and space law, and other matters. Later, she worked for the aerospace insurance and consulting company Aon Explorer in France, and then created Adastra Consulting, working as an independent consultant on various projects in the fields of air and space law. Within IISL, Mrs Masson-Zwaan has been responsible as Secretary inter-alia for the organisation of the annual Colloquia on the Law of Outer Space held in conjunction with the International Astronautical Congress, a variety of regional conferences and other meetings. She also organised the Manfred Lachs Space Law Moot Court Competition and the representation of IISL at international forums. The application of law to space affairs is a complex subject. What exactly is 'space law' and what first attracted you to the discipline? Space law is the body of national, regional and international laws and regulations that govern space activities. 'Space activities' include those actually taking place in outer space (e.g. activities on board the ISS, the establishment of a permanent base on the Moon, the pollution of the outer space environment by debris), activities taking place from space, directed towards Earth (satellite communications, direct broadcasting, navigation, remote sensing, etc.), and activities taking place on Earth or above the ground, and directed towards outer space (launching activities and possibly commercial transportation of passengers into space). Space law provides the needed certainty for space activities to be undertaken in an orderly manner. Without such certainty, the huge investments needed might not be forthcoming. Space law is not that complex. In fact, that is perhaps what attracted me to this field. The principles agreed among states in the five UN treaties and several UN General Assembly Resolutions are quite sensible and straightforward, and therefore they have enabled space activities to develop tremendously since the first treaty came into force forty years ago. If the drafters had tried back then to 'set in stone' every single aspect of space activity they could imagine, and beyond, space law would probably not have been as successful as it is today. The principles strike a good balance between allowing and prohibiting, and leave sufficient possibility for most new space endeavours to be accommodated. The role of space lawyers is to interpret those principles, making sure that on the one hand several basic principles are safeguarded, and that on the other hand new and exciting activities such as space tourism can be carried out within a clear legal framework. I must note however that space law nowadays is becoming more complex and technical in nature which is inevitable, considering the huge increase in space activities. You have just become President of the International Institute of Space Law. What is the role of the IISL President? According to our Statutes, the President of the Board of Directors guides and supervises the activities of the Institute, and represents the Institute in its external relations, including those with the International Astronautical Federation. The IISL has recently been formally established as an association (NGO) under Dutch law, and its structure has been improved to better fulfill its role. With the support of our experienced Board of Directors, I would like to further increase the relevance of the Institute's work in the 'real world'. My predecessor Nandi Jasentuliyana has done a lot to set this process in motion, and we have seen a real improvement. IISL is consulted by international bodies such as the UN, and the issuing of Statements has enabled the debate on legal issues, for instance on the illegality of 'real property rights' on the Moon. But more can be done, and I would for instance like to increase the image of our annual Colloquia during the International Astronautical Congress (IAC), which are sometimes regarded as 'too academic'. We must address topics that are of real interest to all space actors, and involve them in our discussions. I would also like to further enhance the Manfred Lachs Space Law Moot Court Competition, by increasing the participation in Europe and by adding new regions such as Latin America or Africa. It is absolutely essential to involve the new generation of space lawyers in our work, and the competition is an excellent way for students to discover this exciting field of law. By the way, we always accept several abstracts by students in each of our Colloquium sessions, because the interaction between students or young professionals and 'old(er) hands' is enriching for everyone. What is the future of space law. How does the entry of private companies flying astronauts into space play a part? The general legal framework for space activities under public international law as contained in the UN treaties is in place, and it has been sufficiently general and sufficiently flexible to enable (and to encourage!) states to carry out space activities in an orderly manner. However, the time has come to envisage further development of these principles. This next stage of law-making can take many forms, although I am not too optimistic about the possibility of concluding new international treaties, amendments or even additional protocols to the treaties. But there are other ways to develop space law. International law is not necessarily codified in a treaty, it can also be contained in 'custom' or in 'soft law'. International custom can develop inter alia through regional or national practice; we see more and more states enacting national space legislation, and regional agreements or codes of conduct are being concluded among states, space agencies or private companies. All these play an important role in the further development of space law. Detailed regulations governing the more technical aspects of space operations are being developed on the basis of technical studies, for instance concerning debris. Private international law aspects also need to be covered. This is taking shape for instance with the elaboration of the Space Protocol to the 2001 Cape Town Convention on International Interests in Mobile Equipment (ensuring protection of space assets, such as satellites launched by the private sector). Similarly there will be several aspects relating to space tourism that need to be covered. Indeed, commercial transportation of passengers into outer space is the latest achievement of human activity in space. The technology has arrived, and now we need to develop a legal framework; once again, legal clarity is essential in order to encourage such activities. Of course, private companies are not states and will not be the ones to conclude an international legal regime (although they can play a role in its elaboration). In any case, states will remain responsible for the activities of companies operating under their jurisdiction, so a system of licensing is inevitable. We will probably go towards a system similar to the one for international civil aviation, with an organisation at intergovernmental level responsible for regulating issues like safety, registration, liability etc. I am convinced that we cannot and should not stop the human drive to conquer its boundaries, but we do need to make sure it is done within a sound legal framework. It is my wish that IISL can make clear that law's role is not to hamper exploration and exploitation of outer space, but to encourage it.

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