ASEAN REGULATION OF SENSITIVE SPACE TECHNOLOGIES IN COMPARATIVE PERSPECTIVE

Abstract


A. Introduction
Regarding space law, technological advancements are happening very quickly right now and are being used to launch space objects.The swift advancement of space technology presents several favorable and unfavorable issues.While wealthy nations possessing space technology will find it easier to conduct cross-airspace flights, other nations' security may be at risk. 1 Space technology has enabled individuals worldwide to become conscious of their unique living situations and surroundings and has introduced practical ways to provide sustainability. 2The Outer Space Treaty of 1967 regulates international legal arrangements regarding space.It regulates the rights and obligations of each country regarding space activities in general.Outer Space Treaty 1967 is the basis for countries with space technology to make national arrangements on specific space activities, including sensitive technology.Sensitive space technology is a technology that is of international concern because of its diverse forms of technological applications, both offensive and defensive strategic weaponry, which as a whole can be separate or integrated with one type, as well as a means of achieving its national interests including maintaining its national sovereignty so that the State's decision to develop the technology is the highest national policy.
In space technology, three types of technology are considered high or advanced technology (sensitive technology), namely nuclear, cyber (Information and communications technology), and space flight (aeronautics).It has been determined that nuclear energy is a practical source of electrical energy, and over 17% of the power produced worldwide is currently produced by nuclear reactors. 3Nuclear technology changes the order because of its mass destruction properties, and cyber technology changes the order with the nature of negating the boundaries of regional space and time, and aviation technology changes the order with the nature of shortening travel time, while space technology changes the order with the space technology.Moreover cyber technology (information and communication technology) refers to industry 4.0 digitally transformed production and manufacturing sector that is powered by networked technology.Technologies that combine the digital and physical worlds, including The Internet of Things (IoT) such as connecting and wide-area networks (WAN), Mobile solution (Smartphones, tablets and wearable sensors), Cloud computing (low-cost processing and data Lampung Journal of Iternational Law (LaJIL) P-ISSN 2656-6532  Volume .. Number .., Month… Year  E-ISSN: 2723-2603  storage solution), Cyber-physical systems (CPS) such as, Monitoring and Controlling, Big data, and advanced manufacturing technologies including robotics and 3D printing. 4ormative research techniques with secondary qualitative data are used in this legal study.Include both main and secondary legal documentation.International treaties serve as primary legal documents, whilst expert opinions gleaned from a variety of sources serve as secondary legal materials.The rules and circumstances surrounding the use of force under international law are described analytically in this study.Additionally, this research elucidates the ethical and legal implications associated with the use of force against civilian aircraft worldwide.

B. Discussion 1. ASEAN Sensitive Technology Regulations in Comparative Perspective
The concept of space-sensitive technologies in international law refers to the types of technologies related to the exploration, development and use of outer space that have a strategic impact and relevance to a country's national security.The space sector plays an important role in communications, earth monitoring, global navigation, and has the potential to be used in military activities.Therefore, countries consider space technology as sensitive and require regulation through international law. 5 The concept of sensitive space technology in international law refers to technologies related to the exploration, development and use of outer space that have strategic and national security implications.Given the importance of the space sector for communication, monitoring, navigation and potential military use, states view space technology as sensitive and need to be regulated by international law.
The following are the international legal instruments that relate to outer space: 1. Outer Space Treaty 1967: Outer Space Treaty provides guidelines for the unrestricted use of space but this use must be guided by noble objectives to maintain peace.There are several international treaties governing the use and exploration of outer space, including the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, also known as the Outer Space Treaty of 1967.This treaty affirms the principle of the peaceful use of outer space, the prohibition of placing nuclear weapons in outer space, and the obligation of states to take responsibility for their national space activities.6Moreover, under article 2 of the Outer Space Treaty stated that the jurisdiction over object or staellites sent into space by a nation is limited, although ownership of space cannot be claimed by any individual or nation.
2. The Rescue Agreement, officially known as the "Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space," is an international treaty that regulates the responsibilities of states in rescuing astronauts who suffer accidents on space missions and in returning astronauts and objects launched into space.The Rescue Agreement, which entered into force in 1968, is part of the international legal framework governing space activities.The main purpose of this agreement is to ensure the safety and security of astronauts engaged in space activities, as well as to facilitate their return and that of launched space objects to their country of origin.7 3. The Liability Convention is officially known as the "Convention on International Liability for Damage Caused by Space Objects It is an international treaty that regulates the liability of states for damage caused by space objects launched from their territory.The Liability Convention, which entered into force in 1972, aims to regulate and facilitate international liability in the context of damage caused by space objects.The concept of liability serve as the foundation for the 1972 Liability Convention.Accountability system, that is mentioned in the 1967 Outer Space Treaty's in Article 6.8With this treaty in place, states are expected to take responsibility for the consequences of space activities and take the necessary measures to protect those who may be affected by such damage.9 4. Registration Convention.This convention is an international treaty agreed by the United Nations in 1974 and came into force in 1976.The main purpose of this convention is to create an international space object registration system.With the Space Object Registration Convention, the main objective is to create an international framework governing the registration of space objects.This helps to enhance security, openness and cooperation between countries in carrying out space activities and protect their rights and responsibilities regarding launched space objects.
5. The Moon Agreement, also known as the Agreement Governing the Utilization and Exploration of Natural Bodies on the Moon and Other Natural Bodies (Agreement Governing the Activities of States on the Moon and Other Celestial Bodies) is an international treaty designed to regulate human activities on the Moon and other celestial objects beyond Earth.The treaty was adopted by the United Nations General Assembly in 1979 and entered into force in 1984.
The concept of space technology in international law also includes various aspects such as: 1. Protection of the Space Environment International law also regulates the protection of the space environment, including space waste management and preventing space pollution.This aims to ensure that the exploration and use of outer space is carried out with due regard for environmental sustainability and to maintain the sustainability of space activities.

Space Law Enforcement
International law also includes law enforcement mechanisms in space activities.If a country violates international law related to space use or exploration, other countries or international organizations can take appropriate legal measures to enforce the rules and address the violation.

Space Arms Control Regimes
Some countries are working to develop effective space arms control regimes to avoid an arms race in space.The aim is to prevent the spread of space weapons that could threaten international stability and peace.

Access and Openness
Some countries also encourage access and openness in space activities, including sharing scientific data, research results and technical information related to space.This aims to facilitate international cooperation, increased knowledge, and the peaceful use of space technology.
The importance of the concept of space-sensitive technologies in international law is to maintain stability and security in space, prevent an arms race in space, protect the space environment, and ensure that the exploration and use of space is carried out in a peaceful, orderly manner and in accordance with applicable principles of international law.Spacesensitive technologies include things like satellites, space vehicles, communications systems, reconnaissance devices, and tracking and control technologies.There are several technologies that are critical to space exploration and research in space.Some important space sensitive technologies include:10

Rockets and Launchers
Launch technology is one of the most fundamental in space exploration.These rockets are used to carry spacecraft and satellites to a specific orbit or space destination.

Spacecraft
Spacecraft such as spacecraft, manned probes and unmanned spacecraft are essential in exploring space.These technologies include propulsion, navigation and maneuvering systems to enable probes to reach their destinations.

Satellites
Satellites are spacecraft that orbit the Earth or other planets.They are used for communication, weather monitoring, mapping, and scientific research.Space-sensitive technologies used in satellites include communication systems, imaging instruments, and orbiting systems.

Mission Control Systems
Mission control systems are technologies used to control and monitor spacecraft during flight.This includes navigation systems, computer systems, and other hardware and software required to control the vehicle with high accuracy and reliability.

Earth Monitoring Technology
This technology is used for Earth monitoring from space, including weather monitoring, environmental mapping, and natural resource monitoring.It involves the use of optical instruments, radar and other sensors to collect data about our planet.

Living and Life Support Systems
In long space missions, such as mission to Mars, life and life support system technologies are essential.This includes water purification systems, waste treatment, oxygen provision and food provision for astronauts.

Space Robotics
Space robotics involves the use of robots and unmanned vehicles to carry out tasks in space.These robotics can be used for planetary surface exploration, spacecraft repair, and other scientific research.

Radiation Protection System
During long-distance space travel, astronauts are exposed to high levels of radiation.Therefore, radiation protection technology is essential.This involves the use of effective radiation shielding and radiation monitoring systems to protect astronauts from the negative effects of radiation.

Commercial Spaceflight Technology
The presence of these technologies can provide strategic and national security advantages for the countries that master them.In this context, states recognize the need for regulation and oversight of the transfer, development and use of space technologies.This is done to maintain international security and stability and prevent the misuse of such technologies by states with ill intentions or harmful purposes.In an effort to regulate sensitive space technologies, countries cooperate through treaties, control regimes and multilateral frameworks.The aim is to promote the peaceful use of outer space, avoid an arms race in space, and ensure that space technologies are used responsibly and in accordance with applicable international legal obligations.In addition to these countries, other countries such as France, Germany, the United Kingdom, Canada, Japan, and many others also have regulations and legal frameworks related to space-sensitive technologies that they implement in accordance with their national security interests and international obligations.
Meanwhile, ASEAN (Association of Southeast Asian Nations) member states do not yet have regulations that specifically govern space sensitive technologies as a collective ASEAN entity.However, some ASEAN member states have adopted national regulations related to space sensitive technology in accordance with the interests and policies of each country.Here are some examples of ASEAN countries that have implemented regulations related to space sensitive technology: 1. Indonesia Indonesia has regulations through national laws that govern space activities, such as Law Number 21 of 2013 on Space.This law covers sensitive technology aspects of space and regulates space technology transfer, intellectual property protection, and space cooperation.In this law, there are no specific provisions regarding sensitive technology, but it is contained in article 27 of the fourth section on the control of space technology.This article states that the government guarantees the security of sensitive space technology imported into Indonesia's sovereignty and jurisdiction.The security guarantee aims at peace, national interests and fulfillment of international obligations.Regarding the procedures and mechanisms for guaranteeing the security of sensitive space technology is regulated in Government Regulation. 11aw Number 21 Year 2013 on Space is the main source of law in space activities in Indonesia.In it there are articles related to sensitive space technology including security guarantees and standards and procedures for security and safety.The points of the article are then mandated to be regulated into a Government Regulation. 12In this law, what is meant by "sensitive technology" is technology related to equipment or types of technology that can be used for the development of space probes.In addition to Law No. 21 of 2013 on Space, as mandated by this law, there are several other regulations that shape Indonesian space law.There is a Draft Government Regulation (RPP) related to the construction and operation of spaceports, in addition Indonesia also has a Presidential Decree of the Republic of Indonesia Number 20 of 1996, which ratifies the 1972 Liability Convention, and Government Regulation Number 11 of 2018 concerning Procedures for Implementing Remote Sensing Activities. 13In addition, the Indonesian National Space Agency (LAPAN) as the national authority in the field of space, has a role in overseeing space activities and can provide guidance and procedures related to spacesensitive technologies within the scope of its authority.

Malaysia
Malaysia has regulations governing space-sensitive technologies through several laws, regulations and ordinances.The Malaysian Space Agency (MYSA) is responsible for regulating space activities and space technology in Malaysia.Malaysia signed two of the five international treaties or conventions under the United Nations (UN) in order to protect and maintain national security and sovereignty.The two conventions are the Outer Space Treaty 1967 and the Rescue Agreement 1968.Malaysia signed but did not ratify the Outer Space Treaty. 14alaysia's membership in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) since 1994 shows its commitment to carry out its responsibilities in the field of space at the international level.Malaysia proved its commitment through the inauguration of the Malaysian Space Board Act 2022 (Akta 834) on January 25, 2022.The Act enables the Government of Malaysia through the Ministry of Science, Technology and Innovation (MOSTI) to consider the necessary actions to ratify all space-related international treaties or conventions.Malaysia in its efforts to meet the regulatory needs regarding space, issued the National Space Policy 2030 which aims to Strengthen Governance to Optimize Access to Space Capabilities, Focus on Space Technology, Infrastructure and Applications Significant to the Country, Accelerate the Development of Space Science and Technology with Expertise, Contribute to the Nation's Economy and Prosperity, and Enhance and Strengthen International Cooperation and Relations.The policy will be a reference and guideline in determining the direction of space sector development, to utilize space capabilities and align with national priorities.15

Singapore
Singapore does not yet have specific legislation governing space-sensitive technologies.However, the government relies on existing regulatory and policy frameworks, such as the National Science, Technology and Research Act and the National Security Act, to regulate space-related aspects.Singapore has the Singapore Space and Technology Association (SSTA) and the Economic Development Board (EDB) has a role in regulating and promoting the space sector in Singapore.SSTA is a private industry association and is not directly regulated by the Singapore government.Therefore, the laws governing the formation and operation of the SSTA are general in nature and are based on the principles of freedom of association in Singapore.

Philippines
The Philippines has a law that regulates the space sector, the Philippine Space Act or Republic Act No. 11363.This law regulates space activities and space-sensitive technologies in the Philippines.The law was passed on August 8, 2019 and provides a legal framework for the development and utilization of space technology in the Philippines. 16Some of the key points provided for in this law are: (a) Establishment of the Philippine Space Agency: The law establishes the "Philippine Space Agency" (PhilSA) as the agency responsible for coordinating and overseeing space programs and activities in the Philippines.programs in space, and increases public awareness of the benefits and potential of space technology.The law provides a strong legal foundation for the development of the space sector in the Philippines and enables the country to actively engage in international space activities.17The Act provides a legal framework for the regulation of space sensitive technologies and covers licensing requirements, environmental protection, liability and national security.Thailand has not enacted a comprehensive national space law to regulate space affairs and activities in support of its space sector in accordance with international principles prescribed by the United Nations (UN). 18Such activities include the registration of space objects, and the management and assistance of accidents in space.However, Thailand has agencies that deal with such matters, the most significant of which is the Geo-Informatics and Space Technology Development Agency (GISTDA), a government agency assigned by the Thai Cabinet (Cabinet) to manage space affairs and activities.GISTDA does not oversee or establish centralized and comprehensive policies and regulations.Despite these limitations, Thailand has a presence in space with its own satellites for telecommunications and natural resource exploration.In addition, various bodies have been (or will be) established that are responsible for satelliterelated affairs -for example, GISTDA and National Space Policy Committee/NSPC). 19lthough Thailand does not yet have a law that specifically regulates the field of space, these steps demonstrate Thailand's commitment to developing space programs and using space technology for the benefit of national development.

Vietnam
In Vietnam, due to historical hurdles such as war and a backward economy, space technology and space law lag behind many other countries.To date, Vietnam has not created a standardized and specialized legal framework for space.The legal basis for operations in airspace in Vietnam is in international treaties to which Vietnam is a member; national policy and strategy oriented; independent laws such as the Information Technology Law, Atomic Energy Law, Cyber Security Law.Vietnam is researching to determine a unified state management model in space, create a National Space Law, develop a legal basis for earth observation data and use earth observation data, and finalize the legal basis for compensation for damage caused by space objects domestically and internationally.In the future, Vietnam's space law needs to be harmonized with international law, create favorable conditions for maximizing rights and benefits from space, and regulate civil and commercial activities related to the exploitation and use of space.

Laos
Laos has a space law known as the Law on Research and Utilization of Outer Space (No. 62/NA) which was promulgated on 17 December 2010.This law provides the legal framework for activities related to space research, utilization and development in Laos.Some of the key provisions in the Lao space law include: (a) Scope and Definition: This law defines outer space and its scope of application in the territory of Laos.(b) Space Research and Utilization: This law regulates space research and utilization activities, including scientific research, technology development and the use of space resources.(c) Licensing and Authorization: This Act establishes a licensing and authorization system for activities related to space research, satellite operations, and the use of space technology.(d) International Cooperation: The Act encourages international cooperation in the field of space research and utilization, including collaboration with international organizations and other countries.(e) Responsibility and Security: The Act provides provisions on the responsibilities and security measures associated with space activities, to ensure the safety of individuals, property and the environment.(f) Protection of National Security: The law includes provisions to protect national security interests and prevent the use of space activities for unlawful purposes.20

Brunei Darussalam
Although Brunei Darussalam lacks particular legislation pertaining to space activities, it is imperative to acknowledge country's dedication to abiding by international treaties and accords that regulate space exploration and exploitation.

Myanmar
International space law treaties and conventions bind Myanmar.The Outer Space Treaty of 1967 to which Myanmar is a party, establishes basic guidelines for space research and exploitation.But there isn't a formal space law in Myanmar.

Kamboja
Kamboja has not passed any laws that are only devoted to space related matters.However, like many other nation Kamboja has ratified an international agreement pertaining to space law.
So from this description it can be summarized in the following developing satellite launchers and satellite technology that will be developed together has not been programmed.Therefore, related to the optimization of ASEAN space cooperation will be explained about the opportunities and challenges that must be faced to realize ASEAN Space Cooperation as a forum for the integration of space technology development in ASEAN that supports the integration of the ASEAN community. 21

C. Conclusion 1. Conslusion
Based on the discussion and research results, it can be concluded that the comparison of sensitive technology arrangements in ASEAN countries is that Indonesia has a Space Act that regulates the space sector.Malaysia has a Space Act and Space Regulations that regulate space activities.Singapore does not yet have a specific law governing sensitive space technology; however, the government relies on existing regulatory and policy frameworks, such as the National Science, Technology and Research Act and the National Security Act, to regulate space-related aspects.The Space Activities Act B.E. 2562 2019 and the related Regulations and announcements of the National Research Council of Thailand 2018 govern Thailand's space activities.Vietnam does not yet have a Space Law but its outer space activities are based on bilateral or multilateral agreements governing space activities, including license requirements, environmental protection, international cooperation, and national security.The Philippines has a Philippine Space Act that regulates space activities.Laos has a Law on Space Research and Utilization that regulates space activities.Meanwhile, three other ASEAN member states, namely Myanmar, Brunei and Cambodia do not yet have regulations related to space or spacesensitive technology.
(b) Space Research and Development: The Act encourages research, development, and innovation in space in the Philippines and promotes international cooperation in the field.(c) Utilization of Space Technology: This Act encourages the utilization of space technology to advance national development in various sectors, including agriculture, health, communications, navigation and disaster mitigation.(d) Training and Education: The law supports training and education space activities are governed by the Space Activities Act B.E. 2562 2019 and the related Regulations and announcements of the National Research Council of Thailand 2018.