TOKYO - The Japanese government has approved a new space law framework that could create a major structural change in its space program.The new law, which allows for the development of nonoffensive satellites designed to provide "national security," replaces a 1969 law that confined space development to strictly peaceful purposes. The new space law was recently approved by Japan's House of Councilors and will be in force by the end of August at the latest.

Japan had domestically interpreted the 1967 Outer Space Treaty very strictly, only allowing the use of peaceful satellites. This is in contrast to the international community, which has interpreted the treaty to allow the use of military satellites provided they are not weapons of mass destruction.

On the one hand, the new law aligns Japan's interpretation to international standards. But it's also stirring up feelings that there has not been enough discussion in defining the limits of national security, and whether the new space law is really in accordance with Japan's "Peace Constitution."

The law also calls for a new "Strategic Space Development Headquarters" to be organized within the Cabinet, headed by the Prime Minister. It states that a new "Space Agency" will be organized directly beneath the Cabinet, one year from enactment.

Although Japan's various government ministries have cooperated together on a variety of space projects, they were independent and not subject to any policy that bound all of their space efforts. The new law will place all space-related projects into one unified program, allowing for better coordination and strategy in space development and allowing Japan to better compete within the international space marketplace.

It is not yet clear how this new Japanese space agency will be structured, says Jun Gomi, JAXA's strategic planning manager. "It's too early to say what kind of affect the new space law would have on JAXA or any ministry involved in space," Gomi told Aviation Week. "The government plans to spend a whole year of discussion to formulate an answer to this question, and until then each of our roles would remain undecided."

JAXA's current regulations bar the development of any kind of military satellite - even, for example, an early missile warning spacecraft.

The law could be used as a basis for creating even stronger ties with the U.S. in missile defense, and/or the development of Japan's own missile alert system. It also could allow for more precise reconnaissance satellites, as opposed to the present commercial-based satellites owned by the Cabinet Office. It also could open a way to the development and export of some space-related military technology, widening the entrance to a market that otherwise has been closed off.

Japan plans to start replacing its current optical-reconnaissance satellites in 2009. It already operates two radar-reconnaissance satellites (Aerospace DAILY, March 1, 2007).