With the theme “Space Law Today: Treaties, Obligations, and Legal Challenges in the Contemporary International Order,” Rosanna Deim Hoffman of the United Nations Office for Outer Space Affairs (UNOOSA) visited the Philippines to discuss space law Wednesday at the University of the Philippines Diliman.
In cooperation with the Philippine Space Agency and the University of the Philippines’ Institute of International Legal Studies (IILS), the lecture was delivered by Hoffman, legal and programme officer for space law at UNOOSA. She is also the lead proponent of the Global Space Law Project and secretary of the Working Group on Legal Aspects of Space Resources Activities under the U.N. Committee on the Peaceful Uses of Outer Space.
Present at the lecture were UP Vice President for Research and Innovation Joel Joseph Marciano Jr.; Philippine Space Agency Director General Dr. Gay Jane P. Perez; PhilSA Space Policy and International Cooperation Bureau Director IV Atty. Noelle Riza D. Castillo; UP College of Law Dean Atty. Gwen Garcia De Vera; UP Law Center Head Legal Officer of the IILS Atty. Cecilia Therese Niner Gao; and UP students of international relations and law.
“In recent years, our country has taken important steps to strengthen its engagement with the space sector. The passage of the Philippine Space Act of 2019, established by PHILSA, laid the policy groundwork for the National Space Program”, Vice President Marciano Jr. said.
UP officials also noted that initiatives under the National Space Program of PhilSA have strengthened the country’s space capabilities, making the Philippines more active in satellite development for Earth observation and in the various applications of space technology that support national priorities.
In her introductory lecture, Hoffman introduced the United Nations Office for Outer Space Affairs as the sole entity within the United Nations dedicated to outer space. She said the office differs from other organizations or companies outside the U.N., noting that its work focuses exclusively on space as its core mandate, particularly in relation to space applications.
Hoffman also discussed the establishment of the Committee on the Peaceful Uses of Outer Space (COPUOS) and the history of space law beginning in the 1950s. She said that despite the long history of both the organization and committee in space law and applications, the U.N. has still faced criticism.
“The UN gets criticized for not being active and reactive. It’s up for member states. Our hands are tied. So, we can only propose this topic [from COPOUS] to be discussed but at the end of the day, 110 member states need to agree [with us]”, Hoffman said.
Among the topics addressed within COPUOS are space resources, space exploration, space traffic coordination, space and global health, nuclear power sources, lunar coordination, and space and climate action.
Although treaties on outer space were crafted in the 1960s, Hoffman said these legal frameworks remain applicable and are even more relevant today.
She also discussed the growing commercialization of outer space, raising questions about whether existing treaties are becoming outdated. Hoffman mentioned entrepreneur Elon Musk, founder of SpaceX, in relation to the evolving landscape of space activities and its implications for international space law.
“Today we have a working group on the Legal Aspects of Space Resources Activities. It was established in 2022. Well, Space resources was an agenda item under the Legal Sub Committee for many years and then something happened”, Hoffman added.
Hoffman said states have gradually begun drafting, adopting and implementing national legislation governing space resources. Among the countries she cited were Luxembourg, the United States, Japan, the United Arab Emirates and Brazil.
“Because what Luxembourg decided to do was interpret one of the main obligations under the Outer Space Treaty and its article [Luxembourg’s Space Resources Law of 2017], which informs, which obliges states, which does not allow states to appropriate outer space, [and] to appropriate celestial bodies,” Hoffman emphasized.
As the lecture progressed, Hoffman presented the Action Team on Lunar Activities Consultations (ATLAC), explaining its role in coordinating lunar activities and why member states need to establish such a mechanism.
She said the moon is not as large as many assume and that the areas targeted for planned activities are limited in size. Hoffman emphasized the need for careful coordination and regulation of lunar operations, especially given the potential risks posed by a competitive space race among nations.
“And what is the danger? [It is] When these activities are planned and being done by states that don’t necessarily talk to each other on a daily [basis]. The issue is that conflict will arise. This is easy ground for disagreement, conflict and potentially stepping on each other’s toes even if not intentionally” the UN official said.
According to Hoffman, under the Outer Space Treaty, nations or U.N. member states are not supposed to interfere harmfully with the activities of other states.
Continuing the lecture, Hoffman also discussed the Working Group on Long-Term Sustainability, which oversees the 21 LTS guidelines.
She said the working group urges member states to ensure their satellites are maneuverable, have a point of contact and share data to prevent near-collisions.
“All of these very technical aspects are already agreed upon within these guidelines [21 LTS guidelines]. Now, it’s about implementing those guidelines and going a step further”, the UN official added.
By 2025, Hoffman noted that many collisions occurred between operators from member states that did not communicate, often because no diplomatic channels were in place.
“One near collision that took place [where] Malaysian satellite is on the way to crash into a satellite by North Korea”, the UN official said.
In response, Hoffman said UNOOSA can help provide diplomatic channels that might not normally exist between countries. She said the office can act as a mediator, communicating with North Korean authorities and relaying messages to Malaysian authorities.
Later in the lecture, Hoffman introduced her treaty booklet, “International Space Law: United Nations Instrument,” which compiles key legal documents governing outer space.
She said the publication contains all five United Nations treaties on outer space, along with sets of principles and non-legally binding instruments.
In the final part of the lecture, Hoffman emphasized the importance of space law in preventing conflict in outer space, strengthening international cooperation, ensuring equitable sharing of space benefits and guiding the exploration and use of space by states and other entities.