ODUMUNC 2018 Issue Brief

UN Committee on the Peaceful Use of Outer Space
(UNCOPUOS)

Ensuring Peaceful Exploration & Research of the Planet Mars

by Mohamed Niang
Old Dominion University Model United Nations Society
 
 

Introduction
turning humanity’s next great challenge into a
Within the new few years or decades, human disaster.
exploration of Mars is likely to become a reality.
Mars has always been a source of curiosity for
humans and scientists of all nations. Thanks to
the advancement in technology, robotics
missions have explored the planet and found
evidence of water, although the presence if life
remains a mystery.

Prior missions to the red planet have proven than

both Earth and Mars share similar characteristics
and history, but the striking differences are yet
to be understood, hence the reason humans want The greatest achievement of international cooperation to
date: the Interional Space Station in low Earth Orbit
to investigate Mars’s geological evolution.
Future missions to this planet provide humanity
To maximize the prospects for next steps in
a promising opportunity to live for extended
space exploration, international concensus is
periods beyond earth’s orbit. The future
necessary. Measures to ensure peaceful
technology required to transport explorers will
exploration and use of space include milestone
drive for innovation, resulting in technology that
agreements like the Outer Space Treaty. This
has substantial advantages.1
and similar precedents established that all
nations should have free access to space, and
Previously, The United Nations Committee on
none can claim control claim celestial bodies.2
the Peaceful Use of Outer Space (COPUOS) has
The International Space Station is among the
focused mostly on the use of near outer space,
greatest proof that nations can cooperate when it
the region of the Earth’s orbit around the sun.
comes to advanced technology. It has shown
Now it faces the challenge of ensuring peaceful
collaboration will highlight our common
exploration of Mars, to encourage nations
interests and provide a global sense of
around the world to cooperate to achieve such an
community.3
endeavor. But there is the risk that UN Member
States will dilute the possibility for
interplanetary travel by insisting on purely
national programs. Without international census,
exploration could be slowed or unachievable, Background to UNCOPOUS
risk and expenses increased, with the danger of                                                                                                                        
2
Grush, Loren. "How an international treaty signed
50 years ago became the backbone for space law."
                                                                                                                        The Verge
1 3
Wiles, Jennifer. "Why We Explore." NASA.  "Why We Explore." NASA.

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It may be the closes planet to Earth, but Mars is
The Soviet Union’s launch of Sputnik in 1957, still a long way away. Any mission to Mars—
the first human-made object orbiting the Earth, automated or with astronauts takes six to
was the catalyst for international action. The UN eighteen months to reach the planet. The total
General Assembly established the COPUOS in journey time from Earth to Mars takes
1959. It was made to regulate the use and approximately 150 to 300 days depending on the
exploration of all aspects of outer space for the speed of the launch, the alignment of Earth and
greater good of humanity. It is also tasked to Mars, and the length of the journey the
monitor the technical advancement in space spacecraft. The shortest human missions to Mars
exploration, the evolving use of space science have round-trip flight times of 400 to 450 days,
and technology for sustainable development. plus time in Mars orbit or on the surface.

Since its creation, the committee’s membership Because of the distances and the need for precise
has continued to expand. In 1959, the General navigation, there seem to be endless possibilities
Assembly founded the COPUOS with 24 for things to wrong. For decades virtually every
members. It has since grown to 84. probe sent to Mars failed. Space engineers spoke
of a Mars Gremlin that doomed many missions.
In addition to countries, multiple international Probes missed the planet completely, crashed
organizations, including both intergovernmental into it, went into orbit but went silent, crashed
and non-governmental organizations, have on the surface or arrived and stopped
observer status with COPUOS and its communicating. Mars is a demanding target.
Subcommittees.

Background to Mars

Because of its great distance from Earth, Mars

was not an early taregt for space exploration.
But it is the msot pormising planet for human
exploration, and an obvious target. Initially,
attention focus on closer regions, especially
Earth orbits and the Moon.

The Mars joined the agenda about ten years

later. During the Cold War the USSR was the
first nation to reach its surface in 1971, with
their Mars 3 mission lander. It only functioned
for 20 seconds after landing before losing
contact. The next landing, by the NASA Viking
1from the United States, was more successful in
1976.4

                                                                                                                       
4
Duncan, Pamela, and Paul Scruton. "Forty years of
missions to Mars."  

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There is currently a multitude of missions and rockets in low Earth orbit, typically reaching an
future projects to Mars. Most involve specially altitude of 500 km. The firm plans a Mars probe
designed exploration craft. NASA has lead much for the years 2016. But planning for human
of this work, most visibly with its Curiosity mission appears to be less advanced.5

Another prominent name is Mars One, a non-

profit led by a Dutch Entrepreneur named Bas
Lansdorp. His company wants to send six
groups of four astronauts each on one-way trips
and Mars to establish a permanent settlement. It
has a tentative schedule to send the first crew by
2024. Mars One claims this can be accomplished
using existing technology. But they have
repeatedly been criticized for lacking funds,
technology and serious designs.6

The  Mars  One  colony  as  imagined  by  Bryan  Versteeg  

Current cooperation and the International Space
rover on Mars. A human mission would be Station (ISS)
extremely costly. Estimates are vague, but
numbers like USD 500 billion are widely used. The greatest achievement of international
cooperation in human space exploration so far is
There also are major issues about safety, the International Space Station (ISS). Presently
especially the problem of shielding astronauts the ISS has United States, Canadian, European
from solar radiation. But interest is keen. Japanese and Russian funding through the year
America planning focuses on its space agency, 2024. Funding beyond 2024, however, is less
NASA. It has plans—currently unfunded—for a certain, as Russia and the United States both
journey to Mars in the 2030s. However, they plan for separate replacements of the ISS. While
have been criticized for lacking details and the United States is guardedly optimistic about
deadline. They have a goal but no funding and future Russian cooperation, Russia has made no
no schedule. Instead, NASA’s work cocnenrtates commitment to invest in a United States-led
on feasibility studies to better understand how replacement.
such a journey can be done. They have divided
this review into three phases: first is to test life
support, second is to develop and test spacecraft, Role of the United Nations
and third to send humans to Mars.
All exploration of Mars, and any human
Other major possibilities include private mission, would be governed in large part by
businesses. A prominent name is Space X, a interional law of outer space. To ensure peaceful
private space exploration company led by the uses of space and international cooperation, UN
entrepreneur and billionaire Elon Musk. His Member States of the have ratified a series of
company’s goal is to create a fleet of reusable
                                                                                                                       
rockets to send humans to Mars and back again 5
Becker, Rachel. "The race to Mars: here's how
for a relatively low price. Space X already has SpaceX ranks against the competition." The Verge.
had successful test flights with their reusable 6
Ibid.  

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space-related agreements, or space laws. These to private companies carrying out activities in
agreements are the basis for all international outer space. For example, Article VI of the
cooperation. Note that these treaties are only Outer Space Treaty states that “The activities of
legally binding for those countries that have non-governmental entities in outer space,
signed and ratified them. including the Moon and other celestial bodies,
shall require authorization and continuing
Much like general international law, space law supervision by the appropriate State Party to the
comprises a variety of international agreements, Treaty.”9
treaties, conventions, United Nations General
Assembly and UNCOPOUS resolutions as well UNCOPUS has a vital role to play, establishing
as rules and regulations of international the boundaries on what kind of activity is
organizations.7 acceptable, what is not, what kind of cooperation
is desirable. While the UN and UNCOPOUS
Space law constitutes international laws and have established precedents that apply to Mars
principle governing the uses of outer space. It exploration, it has yet to address Mars missions
addresses a variety of matters, such as the specifically.
preservation of space and Earth environment,
liability for damages caused by space objects, Landmark UN Resolutions
the settlement of disputes, the rescue of
astronauts, the sharing of information about
The United Nations has been active in outer
potential dangers in outer space, the use of
space matters for many years, establishing a
space-related technologies, and international
strong precedent for international action. Many
cooperation. Some fundamental principles guide
provisions of the General Assembly resolutions
the conduct of space activities, including the
related to outer space have become widely
notion of space as the province of all
accepted by the international space community,
humankind, the freedom of exploration and use
including the resolution elaborating the concept
of outer space by all states without
of the "launching State" ( 59/115), the resolution
discrimination, and the principle of non-
endorsing the Space Debris Mitigation
appropriation of outer space. Space law also
Guidelines developed by the Committee on the
covers private sector activity.8
Peaceful Uses of Outer Space ( 62/217), the
resolution enhancing the practice of States in
International space law makes it clear that only
registering space objects ( 62/101) and the
Member States have full control over their
resolution on recommendations on national
astronauts, stations, equipment and vehicles sent
space legislation ( 68/74).
to Mars or other celestial bodies. Private
businesses or interional groups involved in a
More recently, the General Assembly has been
Mars project would fall under international and
clear in its promotion only of peaceful uses of
relevant national law.
outer space, with a resolution entitled
International cooperation in the peaceful uses of
UN bodies have expanded these precedents to
outer space, of 2016.10 UNCOPOUS also has
include any state or business operating outside
the Earth’s atmosphere. The rules and law apply                                                                                                                        
9
                                                                                                                         "Outer Space Treaty of 1967." NASA.  
7 10
 "United Nations Office for Outer Space Affairs."  International  cooperation  in  the  peaceful  uses  of  
COPUOS.   outer  space,  A/RES/71/90,  2016.  
8
Ibid. http://www.unoosa.org/res/oosadoc/data/resolutio

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been active, with its Guidelines for the long-
term sustainability of outer space activities, China is competing internationally with a space
passed by UNCOPOUS in 2017.11 The program funded for USD 6 billion a year.
principles and language in that resolution should Although that is almost USD 1billionn more
be part of any future UNCOPOUS resolution. than Russia, it is much less than the American
space budget of around USD 40billion a year.
In addition to these resolutions, a system of Despite its large budget, the US made only 19
international treaties on outer space forms the successful space launches in 2013, compared
foundation which gives UNCOPOUS decisions with China’s 14 and Russia’s 31. With numbers
exceptional strength: like this, it is clear that China has arrived in
space, and is set to become stronger.17
• The “Outer Space Treaty” of 1967, the
Treaty on Principles Governing the Space Analyst Brian Harvey believes that China
Activities of States in the Exploration only wants to be seen as equal and be recognized
and Use of Outer Space, including the by the world’s space community. This has
Moon and Other Celestial Bodies. 12 worked to some extent up to plan because China
• The “Rescue Agreement” of 1968, the has been successfully collaborating with
Agreement on the Rescue of Astronauts, European Space Agency (ESA) to launch
the Return of Astronauts and the Return satellites into space and have much more to
of Objects Launched into Outer Space. 13 come. Chinese officials value collaborations
• The “Liability Convention” of 1972, the beyond the science. “We are the newcomers in
Convention on International Liability space science, and don’t have much experience,”
for Damage Caused by Space Objects. 14 says Wang Chi. “International collaborations are
• The “Registration Convention” of 1976, the shortcut for China to catch up with the
the Convention on Registration of world. Also, science, especially space science,
Objects Launched into Outer Space.15 should be the responsibility of all humans
• The “Moon Agreement” of 1984, the around the globe. International collaboration is
Agreement Governing the Activities of the effective way to obtain the maximum science
States on the Moon and Other Celestial return from any space mission.”18
Bodies.16
Whereas in contrast, the U.S. refuses to
Country Positions collaborate with China. The most obvious result
has been the exclusion of China from the
                                                                                                                                                                                  International Space Station. But this has not
ns/2016/general_assembly_71st_session/ares7190_ discouraged the Chinese nevertheless from
html/N1642782.pdf     launching their space station, which will be open
11
 Guidelines  for  the  long-­‐term  sustainability  of  outer   for collaboration. The Tiangong 2, a Chinese
space  activities,  A/AC.105/C.1/L.362,  21  June  2017.   made test space station, was launched in
http://www.unoosa.org/res/oosadoc/data/documen September of 2016 and it has been signed by the
ts/2017/aac_105c_1l/aac_105c_1l_362_0_html/AC1 UN Office for Outer Space Affairs to open that
05_C1_L362E.pdf     station for experiment and astronauts from UN
12
 A/RES/2776(XXVI)  (1971).  
13
 A/RES/2345(XXII)  (1967).                                                                                                                          
14
 A/RES/2777(XXVI)  (1971).   17
Clark, Stuart. "China: the new space superpower."
15
 A/RES/3235(XXIX)  (1974).   The Observer.
16 18
 A/RES/34/68  (1979).   Ibid.

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member states, specifically developing countries first Asian country to reach the Red Planet’s
that find space too expensive.19 sphere.”21

The European Space Agency has found a way to It was a substantial success because India had
allow collaboration without the loss of control. It never attempted interplanetary travel before and
is “an elegant solution,” says astrophysicist was able to achieve it with a whole budget of
Graziella Branduardi-Raymont at University just USD 70 million, a fraction of the cost of a
College London, who is working on Smile. typical Mars missions. India’s prime minister,
“China builds the basic spacecraft and sends it to Narendra Modi, has hailed the country’s low-
Europe. ESA and its collaborators then attach cost space program, pointing out that a
the payload module, which holds the science domestically made rocket that launched four
instruments, and launches the mission.20 foreign satellites into orbit in June had cost less
Now China finds itself competing in the race to to make than the Hollywood film Gravity.22
Mars. It has planned to start its own Mars
program and to send a rover in 2020. Non-Aligned Movement (NAM). The NAM is the
largest voting bloc in the United Nations, made
Europe: The 28 Member States of the European up of states that do not wish to align with any
Union (UN) are heavily invested in all forms of major powers. These states are predominantly in
space exploration, largely through the European Africa, Asia, and Latin America. These states
Space Agency. More than many other countries, are less affected by treaties related to outer
the members of the EU are used to international space, with the exception of India, and are
collaboration, and view it as the normal way to therefore more likely to approve of resolutions
achieve major goals. France often is eh limiting the proliferation of space or Mars. On
European leader, because it controls space the other hand these states might make their
launches through its facility in French Guyana, cooperation contingent upon receiving support
on the coast of South America. But all planning for their own resolutions. These might include
and decision-making is cooperative. The best supporting resolutions that help NAM states
known European projects are major space solve domestic crises or increase regional
science probes, such as the Kepler planetary development. Furthermore, NAM states are
observatory. European countries expect to play a more likely to have not signed or ratified the five
major role—financial and scientific—in any resolutions identified below. Therefore, certain
international Mars program. concessions or agreements should be made to
maximize their support.
India has a major space exploration program,
with major launch capabilities. In 2014 an Russia is not a signatory of the Moon
Indian unmanned space vehicle reached Mars’s Agreement, nor is the United States, but like the
orbit in just ten months. “India [was] the first US, Russia has agreed to be constrained by the
country in the world to insert a spacecraft into other agreements. Russia shares operation of the
the Martian orbit in a maiden attempt if the International Space Station (ISS) with the
operation succeeds,” ISRO scientific secretary Canada, the European Space Agency, Japan, and
V. Koteswara Rao told reporters, “and also the the US. Ensuring future cooperation partly

                                                                                                                       
21
                                                                                                                        P, A. F. "India scents victory in Asian space race to
19
Ibid. Mars." The Guardian.
20 22
Ibid.    Ibid.

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depends on Russia’s cooperation in peaceful offensive capabilities. If a laser can target a
space missions. missile, it has the potential to target the earth.

Like the United States and other countries, While this technology is difficult to achieve,
Russia ‘s military relies on outer space for President Donald Trump has stated a desire to
intelligence gathering, communications and focus NASA on strengthening the country’s
navigation satellites. But Russia, more clearly military missions, which might include a
than the United States, also has shown a renewal of the Project Excalibur program or
commitment to prevent weaponization of outer other weapon-based space programs. 23 While
space, as it showed when voting in favor of a this is presently uncertain, Trump has explicitly
2014 draft UN resolution preventing any state stated he wants to increase land-based anti-
from being the first to place weapons in space ballistic missile programs. Under the Trump
and the resolution preventing any state from administration the US could also withdraw from
entering into a space-based arms race. international agreements prohibiting nuclear
weapons in space, and other forms of space
Russian space explorations science is of the cooperation.
highest quality. Russia has the ability to
contribute to any Mars missions. But its space The United States has a long tradition of
funding has been dominated by Earth orbit maintaining these agreements because by doing
activity for several years. Nevertheless, Russia so it ensures other nuclear powers will also
would insist on playing a major role in any abide by them. Furthermore, the US long
international agreement or activity. recognizes the role nuclear deterrence plays in
maintaining global order. Weapons-based space
United States. With the exception of the Moon programs undermine deterrence and are,
Agreement (see below), the United States is a therefore, outside the scope the American view
signatory to every major resolution regarding the of international norms.
non-proliferation of space, including the Partial
Test Ban Treaty. The US’s position on the moon In 2014 the United States further voted against
complicates any potential for cooperation on a two Unite Nations resolutions prohibiting
resolution ensuring peaceful exploration of nuclear weapons in space. The first prohibited
Mars. The US government objects to the Moon states from being the first to place weapons in
Agreement’s provision that resources mined space.24 The second prohibited states from
from celestial bodies must be shared with the engaging in a space-based arms race.25
international community. Because the US is In summary, the US’s position is complicated.
party to the other relevant resolutions, it de facto
and de jure abides by the Moon Agreement’s The United States wants to increase the military
non-proliferation clause. utility of its NASA missions, but it also wishes
to maintain or increase the role deterrence plays
Historically the United States has experimented in maintaining its position as a global power.
with space-based anti-ballistic missile programs, The difficulty is that anti-ballistic missile
such as the Project Excalibur, which attempted programs decrease deterrence. Any language
to use lasers to track and destroy nuclear-armed                                                                                                                        
23
intercontinental ballistic missiles. These  “Hillary  Clinton  and  Donald  Trump  weigh  in  on  U.S.  
defensive technologies, if realized, have space  policy.”  Space  News.  
24
 A/RES/69/32  (2014):  Press  Briefing  
25
 A/RES/69/31  (2014):  Press  Briefing  

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strengthening peaceful exploration of space will • Or should the Member States of the UN act
have to address both needs, despite them being to ensure cooperation in ensure that all
potentially contradictory. aspects of Mars exploration is cooperative?

Going to Mars? Essential Questions • How can the Members States of the UN
for UNCOPUOS prevent militarization of space from
extending to celestial bodies such as Mars?
The UNCOPUOS has played a role facilitating
space exploration and utilization for sixty years. • What role should private companies play in
But new possibilities in exploration and business distant space exploitation? Is their only
rquire new interional guidance, guidance legitimate role as contractors to
accepetd by all members of the international government? Or should they be allowed to
community. Major issues that any resolution play an independent role?
from UNCOPOUS on exploration of Mars needs
to cover include: • How does current UNCOPOUS action
address the issue? Is their more it can do?
• Should UNCOPUOS work to promote
further interional cooperation on exploration • And perhaps the trickiest issue of all, how to
of Mars and other celestial bodies? finance international cooperation on a
project of the scale of Mars exploration or
• Will one country be allowed to dominate colonization? Should all Member States be
exploration of Mars? This might ensure asked to contribute, only those involved
exploration happens more quickly, but also Mars exploration, or should particular
could raise controversy. countries play specific roles? Are there
funding sources UNCOPOUS should stress?

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