Based on the size of Austria, most would not assume that they are a highly developed spacefaring nation. This relatively small country, with just 9.1 million inhabitants, began their space activities in the 1950s, and today participate in several major space projects. Austria is unique among Europe’s smaller countries in that it has developed its own national space law and established their own independent space agency. Furthermore, Vienna houses three institutions which regulate the global and European space industry. One is the United Nations Office for Outer Space Affairs (UNOOSA), the other is the European Space Policy Institute (ESPI) and finally the European Centre of Space Law (ECSL). Their presence in Vienna gives Austria undeniable leverage in outer space activities and in shaping present and future space law.
As mentioned, Austria’s history with space research and activities traces back to the 1950s when the country first conducted space research in plasma and ionospheric physics. In the 1960s, Austria took part in the preparatory committee of the European Space Agency (ESA) and was part of the first UN conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE). In 1969, the first Austrian space instrument was launched from Norway and in the 1980s, Austria became an associate member of ESA in 1981, followed by full membership in 1987, having launched several space instruments through joint missions during the process. By 1991, Austria had sent their first astronaut to space who conducted fourteen experiments on the MIR space station.
A significant milestone in Austrian history occurred in 1993, when UNOOSA relocated to Vienna and Austria became an EUMETSAT member state. During the 1990’s the first ever rocket built by Austrian technology, the Ariane 5, was launched, cementing Austria’s place among developed spacefaring nations. The 2000s continued to be a time of advancement for Austria’s space activities and space diplomacy. With both ECSL and ESPI headquarters in Vienna, Austria becomes a key centre for European and global space activities.
One cannot, however, overlook the role Austria’s unique foreign policy has played in its approach to its space endeavours. Since 1955, Austria has rigidly maintained its “permanent neutrality” status. Although Austria joined the EU in 1995, and has partnered with NATO on several projects, their neutrality remains the guiding principle of Austrian foreign policy. This policy was established in 1955 by the Austrian State Treaty. This treaty was the price Austria had to pay for its reunification and sovereignty as demanded by the Soviet Union. This neutrality obligation prevents Austria from joining military alliances and permitting foreign troops on its soil. Thus, it can join organizations such as the EU, so long as it does not conduct military operations involving Austrian soldiers. Although this policy was demanded by the Soviets, the Austrian population has long supported this policy to this day, and it has become a symbol of Austrian sovereignty. Their neutrality was a key reason the UN uses Vienna as a headquarters because it is a credible independent country, not part of any military bloc. Austrian sovereignty is also on display through its space-related legal practices and organizations.
The need for a separate national space law, arose from Austria’s enhanced outer space activities. Their state-specific law serves as a tool which ensures Austria’s compliance with international obligations such as the Outer Space Treatyand its ability to be a host country for important international and intergovernmental organisations. By the 2010s, the demand for a law regulating commercial space activities increased, especially considering the launch of the first fully Austrian satellites TUGSAT 1 and the UniBRITE satellites in 2013. Despite their launch location being in India, Austria became a “Launching State” according to international law, receiving the obligations, responsibility and liability afforded to Launching states under treaties and conventions.
In 2011, Austria’s National Council unanimously passed the Austrian Outer Space Act (Weltraumgesetz), which governs space activities and establishes a registry system. The national registry system – also prescribed by the Registration Convention – was established and is maintained by the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology. The act itself consists of only 18 paragraphs but establishes important grounds for national regulations. To facilitate the Weltraumgesetz, the Outer Space Regulation was enacted in 2015 with only minor amendments made in 2018. The Weltraumgesetz also regulates liability protocol in case of a damage caused by an Austrian space objects and outlines State responsibility within the industry.
Since the act’s passage, Austria has successfully launched four satellites, and a fifth satellite is already being planned. The satellite, called PRETTY, will be launched in cooperation with ESA and the Technical University of Graz, which designed the satellite’s hardware to measure the Earth’s precise surface, ice and sea levels, and ocean currents. Austria’s satellite industry, which focuses specifically on nanosatellites, encourages cooperation with universities. The Technical University of Graz is the most prominent participant and has been part of all Austrian space missions, followed by the Technical University of Vienna and the University of Applied Sciences Vienna. This cooperation enables research and the training of future space cadets, engineers, and legal experts.
Currently, the Austrian Space Application Programme (ASAP) maintains Austrian competitiveness and upkeep with international law. The ASAP, funded by the Federal Ministry for Climate Action, enables Austrian universities, commercial startups, and other actors to participate in space programmes with the ESA, EU or other commercial space programmes. It strengthens Austrian’s space industry by providing funding, promoting innovation, and creating jobs. The Austrian Space Strategy 2030+ program further builds on these principles. Competitiveness and sustainable space development play an important role in achieving the Austrian government’s goal of climate neutrality by 2040.
The Austrian model is an excellent example of how space independence and sovereignty can be achieved by small and medium-sized countries. It also shows the importance of commercial actors, universities, and start-ups in fostering R&D, and keeping up with the space industry’s ever-changing needs. In this regard, Austria, with its own laws and independent space agency, has placed itself firmly on the international outer space map. It is a clear model for similar sized countries who have yet to implement their own space legislation or focus on their own space independence.
