NEO CONFERENCE - Legal, policy and institutional aspects of NEO threat mitigation

Dr. Lou Friedman, Executive Director of The Planetary Society, moderated a panel entitled "Legal, Policy and Institutional Aspects of NEO Threat Mitigation." The panel featured Dr. Ray Williamson (SWF Executive Director), Ben Baseley-Walker (SWF Legal and Policy Consultant), Agnieszka Lukaszczyk (SWF Space Policy Consultant) and Walther Lichem (former Austrian ambassador).

Ambassador Lichem spoke on the subject of legal and institutional implications of asteroid threat mitigation operations policy, specifically on responsibilities and liabilities. Lichem pointed out that the UN Charter should be seen as the "constitutional cornerstone" when thinking about matters related to space governance; that is, it is the source of key principles that can inform the approach to space security issues like NEO threat mitigation. He also highlighted how national space policies and actions are actually multilateral concerns, that space security matters like NEO detection and deflection are necessarily global concerns. Instruments like the Outer Space Treaty, the Liability Convention and the Registration Convention, to name a few, are a step below the UN Charter in terms of abstraction, providing structure and process to space security while also providing cooperative regimes. Such cooperation help facilitate work on other space security priorities like NEO threat mitigation.

Regarding NEO threats, States Parties to the Outer Space Treaty, under Article 11, are required "to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary-General of the United Nations should be prepared to disseminate it immediately and effectively." This means that the US, for example, must share any data regarding NEO threats to the best of its ability. However, how this is done remains unclear, and indeed the ASE Report provides general recommendations on how to institutionalize this process. In addition, UN Charter Article 52 preserves a State's right to self defense, which includes NEO threat mitigation. Again, cooperation on this matter is critical. In the end, Lichem advocates the principle of the responsibility to protect - States have a fundamental responsibility to protect the fundamental right to life, and this includes threats posed by NEOs. If a States cannot provide this protect, the international community has a subordinate responsibility to fill this gap, and thus the NEO threat requires global cooperation.

Dr. Williamson discussed the role of nongovernmental organizations (NGOs) in NEO threat mitigation. Williamson was reminded by Lichem that NGOs played a key role in revolutions in international cooperation. This served in setting the tone for how to think about NGOs and their role in NEO detection and deflection. Following a description of what an NGO is (a legally established organization with no participation or representation in government), Williamson explained that NGOs fill niches not explored by governments, and that they can do so without the limitations often imposed by governmental policy or regulation. NGOs serve as a voice of citizens and organizations, and attempt to influence policies on the domestic or international level. Typically, NGOs influence according to two diplomatic tracks: Track 1 diplomacy is government to government, whereas Track 2 diplomacy is within the NGO community.

Indeed, the NEO conference taking place today counts six NGOs among those participating, working in partnership with corporate and government representatives. These include SWF, the International Academy of Astronautics, the Association of Space Explorers, The Planetary Society, the International Law Association and the International Astronautical Federation. Williamson wondered if perhaps a Track 3 diplomacy might be necessary, one in which NGOs work with government representatives directly.

One audience member asked if all NGOs are non-profit organizations (NPOs) - it was generally agreed that this is understood. Lichem pointed out that the agenda of an NGO is by definition focused on the common good, and a for-profit agenda can be contrary to this objective. NGOs serve a general interface role between civil society and governmental structures.