Space Commercialisation Law and Policy in Japan

K. Tatsuzawa

Chuo Gakuin University, Japan

Remarks on Japanese Space Industry
The proceeds of Japanese space industry in 1993 were about 3.201 billion US$, including 1.764 billion US$ for space vehicles (703 million for launch vehicles and 1.061 billion for satellites), 1.764 billion US$ for ground equipment and software. Exports and imports were about 431 million US$ and 231 million US$, respectively, mainly for satellite and ground-equipment components, in the same year.

Japanese space industry is characterised by three features: high dependency on governmental demand (70% of space products, including ground and other space infrastructure items, is destined for governmental uses); investment of financial and, in particular, human resources with little thought of profit; and the lack of effort to restructure and regroup the space industry, which forms part of the activities of electronic or heavy engineering companies and from which the proceeds are relatively small.

Space-industry policy
According to Japanese space policy information, the utilisation of space techniques for industrial and, hence, national-economy purposes leads to the promotion of both a higher standard of living and international cooperation. This is why it is necessary to include not only the aspect of scientific and technological policy but also the industrial viewpoint in the new Japanese Fundamental Space Policy (FPJSD) that is under consideration. Private enterprises intervene in the elaboration of space policy by expressing their views through the Space Activities Promotion Council of the Federation of Economic Organisations.

Generally speaking, space-commercialisation policy inevitably pre-supposes the coordination of national interests with prevailing principles in international markets and that of national interests with the common interests of international society. The preparation of the new FPJSD is therefore expected to pay due regard to these points.

Legal regime
In Japan, scientific research, development, and utilisation are distinct concepts. As regards space utilisation, involving the provision of user-oriented services, there is no particular administrative focal point, with various ministries dealing with space utilisation. The Space Activities commission charged with the elaboration of fundamental guidelines for Japanese space development policy has neither the intention nor the exact competence needed to take the initiative in space utilisation. This often causes jurisdictional disputes between ministries and disturbs the elaboration of domestic policy.

There has also been a recent political argument concerning the interpretation of 'peaceful uses', based not on the subject but the object of an act and excluding those acts using space technology for the purpose of killing, wounding or destroying as non-peaceful. This interpretation is motivated by the need for the smooth implementation of international cooperation and of internationally harmonised interpretation. Frankly speaking, the non-military aspect disturbs the participation of Japanese space industries in foreign civilian space projects based on military initiatives such as GPS. In this respect, conformity to Articie 9 of the Japanese Constitution stipulating the renunciation of war and belligerent rights should be taken into account.

Final remarks
In the transitional period from the experimental stage to commercial exploitation, Japan as a late starting space power is groping for a new regime for commercial space explotation. In such an effort, it becomes a fundamental question of how to reconcile the nature of space activities as an international public service with the market principles.