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2025/2026

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SPACE LAW 23/02
Is there a definition of outer space? There is no real definition. The Karman line is around 100
km above sea level. This is a technical definition of outer space, but legally we don’t know
where it starts. In 1966 it was decided to discuss every year the definition and in 1972 the
delimitation of outer space. As of right now there’s still no real definition and there’s no
interest in doing so as Italy for example says there’s no problem in conducting space
activities without a real definition. There are two perspectives, functional and spatial:
Functional: we know when to apply space law
Spatial: it’s important to draw a legal line between aerial law and space law (Australia,
Denmark and Kazakhstan already draw a line to define where their jurisdiction ends,
but it’s not something to be applied in international law)
The second point of view values the fact that what falls in aerial law is a matter of sovereignty
between the states. Aerial law determines that a state doesn’t extend only horizontally, but
vertically too. Suborbital flights don’t surpass the 100 km line, so, if there is a limitation,
these flights fall under the country's jurisdiction. If we want to draw a line, there could be
some problems in the future because we don’t know how space activities could evolve.
Amending treaties is a very difficult matter.
SPACE LAW 24/02
SPACE ECONOMY AND POLICY
During the cold war there was limited economic perception of space and there was more of
a scientific domain. During the 80’s the private sector started to have interests, the focus
was on launching services and technological spinoffs.
In terms of political and international relations, the competition was between the
superpowers USA and URSS. Space as foreign policy tool: the space race. Three main
reasons for the space race: defense from nuclear warheads, superiority in technical
advancements and having a major political presence. The first space policy of the USA:
human exploration and political power in this competition there is a third actor, the UN.
When it was born there was a huge debate about its function. USA and URSS used it to start
a cooperation, but not until 1975. Italy is the third nation to launch an object in outer space,
from a base built in Virginia, the program was led by a Sapienza engineering professor.
The main organ in the UN is the general assembly because every state participates in it and
it has no real limitation; the general assembly can deal with any type of matter. Through the
UN the two superpowers found a common interest: avoiding conflicts. The value of the
resolution adopted by the general assembly, generally not binding unless it’s about budget,
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SPACE LAW 23/

Is there a definition of outer space? There is no real definition. The Karman line is around 100 km above sea level. This is a technical definition of outer space, but legally we don’t know where it starts. In 1966 it was decided to discuss every year the definition and in 1972 the delimitation of outer space. As of right now there’s still no real definition and there’s no interest in doing so as Italy for example says there’s no problem in conducting space activities without a real definition. There are two perspectives, functional and spatial:

  • Functional: we know when to apply space law
  • Spatial: it’s important to draw a legal line between aerial law and space law (Australia, Denmark and Kazakhstan already draw a line to define where their jurisdiction ends, but it’s not something to be applied in international law) The second point of view values the fact that what falls in aerial law is a matter of sovereignty between the states. Aerial law determines that a state doesn’t extend only horizontally, but vertically too. Suborbital flights don’t surpass the 100 km line, so, if there is a limitation, these flights fall under the country's jurisdiction. If we want to draw a line, there could be some problems in the future because we don’t know how space activities could evolve. Amending treaties is a very difficult matter. SPACE LAW 24/ SPACE ECONOMY AND POLICY During the cold war there was limited economic perception of space and there was more of a scientific domain. During the 80’s the private sector started to have interests, the focus was on launching services and technological spinoffs. In terms of political and international relations, the competition was between the superpowers USA and URSS. Space as foreign policy tool: the space race. Three main reasons for the space race: defense from nuclear warheads, superiority in technical advancements and having a major political presence. The first space policy of the USA: human exploration and political power in this competition there is a third actor, the UN. When it was born there was a huge debate about its function. USA and URSS used it to start a cooperation, but not until 1975. Italy is the third nation to launch an object in outer space, from a base built in Virginia, the program was led by a Sapienza engineering professor. The main organ in the UN is the general assembly because every state participates in it and it has no real limitation; the general assembly can deal with any type of matter. Through the UN the two superpowers found a common interest: avoiding conflicts. The value of the resolution adopted by the general assembly, generally not binding unless it’s about budget,

is to create a base for a binding legal treaty. During the 1960s with decolonization, every new country wanted to enter the space frontier. International cooperation became fundamental, as of today over 100 states of the 193 in the UN are involved in space exploration. INTERNATIONAL GEOPOLITICS AND SPACE REGULATION Several authors wrote about the space frontier. The idea is that space is the fourth domain after land, sea and aerial domains. Nationalism in space is strictly related to unilateral actions; militarization is dangerous in terms of space frontier as it can destroy every asset. The security council can deal with space: can space be institutionalized? Global institutionalism: the objective is to institutionalize rather than militarization. Space nationalism: States have the right to protect assets via militarization Technological determinism: Only states have the true power to conduct activities: IOs should merely monitor and recommend, we need to understand if private powers can overcome states Social Interactionism: Focuses on transparency and cooperation to prevent weaponization, it’s difficult to define what a weapon is so it’s difficult to prevent.

  • THE REALISTIC APPROACH AND ASTROPOLITIK: Geopolitical theory developed during the 80s and 90s: to go into space is only a matter of power. Applying Mackinder’s theory of Heartland as an analogy, whoever controls the terrestrial orbit controls outer space; whoever controls space dominates the world. Dolman’s view: Weaponization is inevitable. He suggested the US should withdraw from the OST to favor free-market competition.
  • THE LIBERAL VISION AND INT. COOP.: Based on freedom, equality and common objectives. Anti Hegemony: effective control by one state lead to negative planetwide hegemony, collaboration is required for balance. Deterrence through cooperation: first cooperation between USA and URSS, the Apollo-Soyuz in 1975 We are going from a bipolar world to a multipolar world: the end of the cold war introduced new giants and complex bilateral ties. Non-state actors (private companies) are participating too as Space economy is rising and it has changed into the traditional state- only model. ISS (the international space station) now has 16 participating states. Opinions about the future:

Freedom of exploration and use of outer space, including the Moon and other celestial bodies (Art. 1, OST, 1967). Any study about space linked to earth activities.

  • Traditional space application: remote sensing, weather broadcasting, satellite communication and satellite navigation
  • New space applications: based on new technological development, new ways to use technology we already had ;telecommunication satellites by the USA used to support human space flight, then the department of defense started to use them in terms of military defense(military activity) and security (protection of civilians from threats) some satellites have dual use, both for civilian and defense purposes
  • Integrated space applications, satellite navigation system combined with satellite communication system is an example of integrated space applications; many different fields are integrated with space applications, like agriculture, the use of AI and other different sectors UPSTREAM: connection with outer space, satellites in orbit, landers on the moon or mars, space launches: a satellite that provides communication with the Moon, it falls in the upstream segment DOWNSTREAM: connection with earth, satellites that provide communication on earth for example These definitions depend on the field they are inserted into, as of right now there is no fixed definition. MIDSTREAM: imaginary link that connects satellites (space activities) with the infrastructure on earth (earth activities) Satellite navigation (SatNav): artificial satellites capable of providing geospecific positioning everywhere in the world (started during the cold war with sputnik 1, a metal sphere that sent a radio signal only to scare the US). Then came the transit constellation and finally the NAVSTAR GPS (created by the government and the pentagon). Transit was used for marine operations. GPS was first used in the civilian field, then during the Gulf war it became a miliary asset too. Eventually other countries joined too: the GNSS (Global Navigation Satellite System) provided for civilian matters. URSS then built GLONASS, China built BeiDou (2020) and the UE with Galileo. The European Space Agency started a joint operation to build the Satellite Navigation System that resulted in Galileo, which is even more precise than GPS (Galileo 70cm, GPS 20-25 m). Galileo is still not available to the public.

SBAS (Satellite-based Augmentation Systems) How do we use Satellite Navigation:

  • Google Maps
  • Transports
  • Logistics (smart harbor, smart cities)
  • Bank and financial operations
  • Electric power grids (satellite systems decide how much power will be destined to power grids)
  • Military operations SATELLITE COMMUNICATIONS (SATCOM): the use of artificial satellites to facilitate communication links between various points on earth (Molniya I first launched Soviet satellite for communications). To remember satellite slots and frequencies: Satellite slots (orbital positions) and frequencies are, respectively, the fixed angular positions in geostationary orbit and specific radio spectrum bands (1–50+ GHz) assigned by the International Telecommunication Union (ITU) to prevent interference Evolution of infrastructures for communications on earth and in space Undersea cables for satellite communications Satellite/constellations (implemented during the 60s, didn’t entirely substitute undersea cables) Mega constellations (mainly to improve internet connection) Mega constellations:
  • Starlink (Space X) US company
  • WorldVu (Eutelsat OneWeb) UK company
  • Project Kuiper (Amazon) US company
  • GuoWang (China)
  • IRIS2 (UE) A sector in space applications where private companies are the major protagonists Benefits of space applications:
  • National practice: Conduct of State, whether in the exercise of its executive, legislative, judicial or other functions KEY COMPONENTS OF SPACE LAW Core framework consists of five international treaties developed through COPUOS Framework established since the 60s
  1. Outer Space Treaty (1967) – 118 parties
  2. Rescue Agreement (1968) – 100 parties
  3. Liability Convention (1972) – 100 parties
  4. Registration Convention (1975) – 78 parties
  5. Moon Agreement (1979) – 18 parties (no USA nor URSS) THE ROLE OF INTERNATIONAL CUSTOM Customary value and State practice International custom is defined by two constitutive elements:
  • Opinia Iuris: The belief that such practice stems from a legal obligation
  • Diuturnitas: General and consistent conduct/practice by States Current Status: The consistent conduct of Spacefaring nations and international organizations has solidified many space principles into customary international law THE ROLE OF INTERNATIONAL ORGANIZATIONS Several intergovernmental organizations (IGOs) play vital roles in managing the technical and regional aspects of space
  • ITU International Telecommunication Union manages the radio-frequency spectrum and satellite orbits to prevent interference Regional international organizations
  • European Space Agency (ESA, 1975) coordinates regional space exploration and technology development for European member states
  • European Union (EU) is increasingly involved in space policy and large-scale projects like Galileo and Coperncus (Art 118 TFUE, Europe can adopt space program but cannot harmonize) As space activities become more structured and commercialized, domestic law has become essential. Almost 50 states have national laws governing outer space:
  • Compliance: states must ensure their domestic laws fulfill their international treaty obligations
  • Good Faith in interpretation and application of treaties (Art. 26 VCLT) The relationship between international and domestic law Art. 27 VCLT: internal law and observance of treaties. A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty Space law emerged after the launch of Sputnik 1 in 1957, necessity to establish norms for outer space activities: Theory of instant customary international law (not acceptable, no customary provision can develop instantly or in a short time, it takes time) The UN took responsibility for regulating these activities
  • UN’s initial focus: preventing arms race in outer space
  • International cooperation for peaceful purposes
  • Development of space law COLD WAR CONTEXT GA res. 1148 (14/11/1957): Regulation, limitation and balanced reduction of all armed forces and all armaments; conclusion of an international convention (Treaty) on the reduction of armaments and the prohibition of atomic, hydrogen and other weapons of mass destruction. “Urges that the states concerned, and particularly those which are members of the Sub – Committee of the Disarmament Commission, give priority to reaching a disarmament agreement which, upon its entry into force, will provide for the following. The joint study of an inspection system is designed to ensure that the sending of objects outer space shall be exclusively for peaceful and scientific purposes. Key Proposals (1959 – 1962): Banning the weaponization of outer space Treaty Banning Nuclear Weapon Tests (1963): prohibits nuclear weapons tests “or any other nuclear explosion” in the atmosphere, in outer space and underwater 1963 TEST BAN TREATY Article I, Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control: (a) in the atmosphere; beyond its limits, including outer space; or underwater, including territorial waters or high seas; or (b) in any other environment if such explosion causes radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control such explosion is conducted. It is understood in this

RULE OF CONSENSUS: the adoption of a deliberation without a formal vote and in the absence of manifest opposition, the chairman declares the act approved using the formula “Is there any objection? If not, it is so approved”. If you want to change the rule of consensus, you need to change the rules of procedures, but to do so you need to reach consensus in a group of states with Veto power. CHALLENGES OF THE CONSENSUS

  • Contributes to effective and lasting solutions
  • Strengthens the authority of the Organization by reconciling opposite views
  • Consensus is a procedure for adoption; the resulting act can be binding or non – binding depending on its legal basis
  • Compared to a de facto veto power: by requiring total agreement, this procedure gives every member state a power of veto
  • It is cited as a primary reason why international negotiations within the UN are so time consuming
  • While it ensures universal acceptance, it often prevents the rapid finalization of decision – making processes THE STEP-BY-STEP LEGAL FRAMEWORK
  • Evolutionary Approach: The "Rule of Law" in outer space was not established by a single treaty
  • Urgent Guidance: The General Assembly (GA) initially provided principles to prevent states from acting solely based on national interests
  • Principles vs. Detailed Norms: To reach agreement quickly, the Lega Subcommittee (LSC) focused on broad principles rather than complex technical regulations
  • Initially, GA recommendations were non-binding but served as "evolving tools" for international law RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY 1962 (XVIII). Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space:
  1. The exploration and use of outer space shall be carried on for the benefit and in the interests of all mankind,
  2. Outer space and celestial bodies are free for exploration and use by all States on a basis of equality and in accordance with international law,
  1. Outer space and celestial bodies are not subject to national appropriation by claim of sovereignty by means of use or occupation, or by any other means.
  2. The activities of States in the exploration and use of outer space shall be carried on in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international cooperation and understanding. (Art. 1 and Art.55 UN)
  3. States bear international responsibility for national activities in outer space, whether carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried on in conformity with the principles set forth in the present Declaration, The activities of non-governmental entities in outer space shall require authorization and continuing supervision by the State concerned. When activities are carried out in outer space by an international organization, responsibility for compliance with the principles set forth in this Declaration shall be borne by the international organization and by the States participating in it.
  4. In the exploration and use of outer space, States shall be guided by the principle of co- operation and mutual assistance and shall conduct all their activities in outer space with due regard for the corresponding interests of other States. If a State has reason to believe that an outer space activity or experiment planned by it or its nationals would cause potentially harmful interference with activities of other States in the peaceful exploration and use of outer space, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State which has reason to believe that an outer space activity or experiment planned by another State would cause potentially harmful interference with activities in the peaceful exploration and use of outer space may request consultation concerning the activity or experiment. 7.The State on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and any personnel thereon, while in outer space. Ownership of objects launched into outer space, and of their component parts, is not affected by their passage through outer space or by their return to the earth. Such objects or component parts found beyond the limits of the State of registry shall be returned to that State, which shall furnish identifying data upon request prior to return.
  5. Each State which launches or procures the launching of an object into outer space, and each State from whose territory or facility an object is launched, is internationally liable for damage to a foreign State or to its natural or juridical persons by such object or its component parts on the Earth in air space or in outer space

LEGAL STATUS OF COPUOS

COPUOS is a subsidiary organ of the UN general assembly (unlike specialized agencies like ITU). It’s not treaty based; it is governed by GA resolutions rather than a binding international treaty. Flexibility: Simple modification process for membership and mandate because it is resolution – based, its membership and mandate can be modified through a relatively simple administrative process. Political nature: It is not an independent intergovernmental organization. It focuses on political and legal cooperation among spacefaring nations. Limited original membership of 18 states: Argentina, Australia, Belgium, Brazil, Canada, Czechoslovakia, Egypt (United Arab republic in 1958), France, India, Iran, Italy, Japan, Mexico, Poland, Sweden, URSS, UK, USA. As of right now there are 110 member states. Balanced representation: the UN aims for a membership that reflects the diverse geographic and economic status of Its Member States Observers: to enhance its expertise, the committee includes observers from various intergovernmental and non – governmental organizations MAIN TASKS OF COPUOS

  • Primary responsibilities: Enhancing cooperation, coordinating international space programs to ensure mutual benefit
  • Peaceful use: Promoting the use of outer space for peaceful purposes and preventing conflicts
  • Addressing new challenges: Dealing with emerging issues such as space debris, resource utilization and traffic management There is a persistent advocacy for transforming the current system into a World Space Organization, similar to UN specialized agencies. However, this discussion remains largely within academic circles and has not yet gained significant traction in high – level political or diplomatic contexts Scientific, Technical and Legal pillars: Two subcommittees (1962) STSC (Scientific and Technical Subcommittee) LSC (Legal Subcommittee)

The omnibus resolution: the GA debates LSC outcomes annually, providing general guidance for future work THE LAW – MAKING ERA (1962 – 1979) Founding the international framework

  • Primary Goal: Establish a binding legal foundation to prevent unilateral national interests from dominating space
  • Key Achievements: 1967 Outer Space Treaty (OST), freedom of exploration vs Non – appropriation; Denuclearization of orbit; State responsibility for national activities (Governmental and private).
  • Outcome: negotiated five major international treaties during this period THE SOFT LAW PHASE ( 1980 – MID1990) Evolution through general principles
  • Shift in strategy: as consensus on binding treaties became harder to reach, the LSC turned to sets of principles
  • Legal status: Technically “recommendatory” (non – binding), yet they often consolidate into customary international law
  • Focus Areas: Broadcasting television via satellite; remote sensing; use of nuclear power sources; benefits of international cooperation ASSESSMENT AND APPLICATION (MID1990 – PRESENT) Refining the Existing Framework
  • Current Focus: Broadening acceptance of existing treaties rather than creating new ones
  • Key Issues Addressed: Definition & Delimitation: Ongoing debate on where "airspace “ends and "outer space" begins.
  • GSO Status: 2000 agreement regarding the Geostationary Satellite Orbit and ITU rules.
  • Launching State Concept: Clarifying liability in the age of complex, multi-partner launches.
  • Technical guidelines: Debris mitigation; Long-term sustainability of space activities
  • Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development
  • Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,
  • Believing that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples
  • Recalling resolution 1962 (XVIII), entitled "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space," which was adopted unanimously by the UNGA on 13 December 1963
  • Recalling resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the UNGA on 17 October 1963
  • Taking account of UNGA resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space
  • Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles of the Charter of the UN ROLE OF THE PREAMBLE IN TREATY INTERPRETATION Article 31 General rule of interpretation
  1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
  2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes: (a) any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty; (b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
  3. There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the

treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations between the parties.

  1. A special meaning must be given to a term if it is established that the parties so intended Article 32 Supplementary means of interpretation Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable. NEGOTIATIONS AND DRAFTING HISTORY Preamble is considered as a component part of the agreement (Art. 31 para. 2 VCLT), overall, it’s a political introduction to the operative part of a treaty. A Preamble does not create legal commitments above and beyond the actual text of the treaty. Both USSR and US proposals speak of an interest of all humankind in the progress of the exploration, the exploitation and use of outer space for peaceful purposes and the promotion of international co-operation. KEY ASPECTS Common Interest in Peaceful Use
  • Emphasizes humanity's shared responsibility for the exploration and use of outer space for peaceful purposes Sovereign Equality
  • Advocates for the benefits of space exploration to be accessible to all States, regardless of their economic or scientific status Peaceful Purposes Debate
  • Discusses varying interpretations of “peaceful,” including military and non – military usage International Cooperation
  • Encourages collaboration to foster friendly relations in space activities
  • Propaganda may be used to shape international perception of space programs, portraying them as peaceful while maintaining military objectives
  • Licenses required for economic and commercial activities are granted only by the International Deep Seabed Authority Antarctica - > 1959 Antarctic Treaty - Claims of sovereignty are ’frozen’.
  • 1988 Draft Convention on the Regulation of Antarctic Mineral Resource Activities
  • 1991 Additional Protocol to the Antarctic Treaty No significant pattern from which to draw examples for the regulation on activities in outer space NEGOTIATIONS AND DRAFTING HISTORY No definitions are established under the 1967 Treaty
  • Too many definitions could have made the Agreement outdated easily
  • Quick negotiation process 1966 two draft proposals (USSR and US)
  • Article I was taken almost entirely from the Soviet Draft.
  • US Draft was very similar and referred to actual principles in its Articles 1, 2, 3 Soviet terminology: “without discrimination of any kind’ and ’on a basis of equality” Meaning of “use” - > “use” meant “exploitation” (France) Visions on the “province of all mankind” clause - > term referred to res omnium communis character of outer space and celestial bodies (Nigeria) Comment of the US representative to the UNGA: “This and other provisions, particularly that which prohibits claim of territorial sovereignty, make clear the intent of the Treaty, that outer space and celestial bodies are open not just to the big powers or the first arrivals, but shall be available to all, both now and in the future. This principle is a strong safeguard for the interests of those States which have, at the present time, little or no active space program on their own” CONCEPTS AND THEIR MEANING There is an endless discussion on the delimitation between airspace and outer space. No definition of “celestial bodies” nor “space object.
  • “Province of all mankind” – neither exploration nor use of outer space shall be undertaken for the sole advantage of one country
  • “Non discrimination” – emphasizes an approach based on material equality. Even if States are incapable of actually using or exploring outer space and its resources, they may be entitled to do so
  • “Free access” - launcher must trespass the airspace for start or landing - > no protest has occurred so far SUBJECTS OF RIGHTS AND OBLIGATIONS
  • States
  • Intergovernmental organizations
  • Private actors (in compliance with Art. VI OST)
  • Relevance of the reference to “humankind” - > perspective of inter – generational equity FREEDOM OF EXPLORATION AND USE Any entity that benefits from the freedom does not need to ask for permission from other governments, but can either explore or use outer space. Meaning of space activity:
  • All activities that purport to make use of space in one way or another may be covered by the legal regime of the use of outer space
  • Activities that are merely based on Earth do not fall under their respective freedoms Difference between exploration and scientific investigation “Use” means non-economic and economic utilization of outer space - > broad term that includes exploitation of outer space and of celestial bodies FREEDOM OF ACCESS TO SPACE Reiteration and a reinforcement of the basic freedom of exploration, use and scientific investigation Such access to celestial bodies does not, and may not, amount to any claim to property which is explicitly prohibited by Art. II OST Space objects that have access to celestial bodies are still under the jurisdiction of the State of registry and this access can also include the establishment of stations, installations, equipment, and space vehicles on celestial bodies