Space exploration is a development which began with the launching of the first artificial satellite in 1957. Since then an incredible progress has been made, leading to the landing of man on the moon. A quick look at the number of launchings which have been registered with the United Nations will show the influence of space science and technology on human endeavours. For example, satellites can be used for com munication, weather forecasting, education, and remote sensing of the resources of the Earth. The United Nations Committee on the Peaceful Uses of Outer Space is the focal point of international co-operation in space activities. The Committee regulates these activities through its Legal Sub-Committee. The setting up of the Committee was preceded by an Ad Hoc Committee which was established on 31 December 1958. The initial difficulty which confronted the Ad Hoc Committee was the issue of its member ship. The USSR, Czechoslovakia and Poland decided not to participate in its work because they were dissatisfied with the composition of the Ad Hoc Committee. Later, both the UAR and India also decided not to participate in its work. Although the Ad Hoc Committee succeeded in producing a report in 1959 (UN document A/4141), the progress of work of the Main Committee was in limbo for a while. It was not until 1961 that the disagreements were resolved. The Committee conducts its business without voting -the Chairman simply states the consensus of views which have been expressed.
Presents and addresses key space law and policy issues for the benefit of wider informed audiences that wish to acquaint themselves with the fundamentals of the space law field. This brief analyzes in a concise manner the combined influence of space law and policy on international space activities. Read in conjunction with the other books in the Springer ‘Space Development’ series, it supports a broader understanding of the business, economics, engineering, legal, and procedural aspects of space activities. This book will also give the casual reader as well as experts in the field insight on present and future space law and policy trends, challenges and opportunities.
Essays Published for the 30th Anniversary of the Outer Space Treaty
Author: Gabriel Lafferranderie,Daphné Crowther
Publisher: Martinus Nijhoff Publishers
This book is neither a historical treatise on the genesis and development of space law, nor a survey of the corpus, nor even a work of legal makebelieve, but simply an essay pursuing a line of enquiry opened up by the members of the European Centre for Space Law. It sets out to chart future trends in the light of the emergence of space law as a branch of international law and of the development of space activities themselves (new activities, new players, interpenetration of space law and national laws), a branch in which the rules and forms of international cooperation acquire a new dimension, transcending the concept of 'global' law. It is essentially prompted by a deep aspiration to see a rebirth - a revival - of that law.
This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte
This handbook is a reference work providing a comprehensive, objective and comparative overview of Space Law. The global space economy reached $330 billion in 2015, with a growth rate of 9 per cent vis-à-vis the previous year. Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications. The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation. Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts: • Part I: General Principles of International Space Law • Part II: International Law of Space Applications • Part III: National Regulation of Space Activities • Part IV: National Regulation of Navigational Satellite Systems • Part V: Commercial Aspects of Space Law This handbook is both practical and theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law.
Current Problems and Perspectives for Future Regulation
Author: Marietta Benkö,Kai-Uwe Schrogl
Publisher: Eleven International Publishing
The contributions in this book reflect on the growing diversification of space law and is divided in two parts. The first part provides a look at the current developments in international space law and regulation and the second part investigates future perspectives of this process. It is only recently that international space law entered its third phase of development. While the first phase, between the 1960s and 1970s, was characterized by the elaboration of international conventions in the framework of the United Nations, the second phase saw the adoption of special legal regimes in the form of UN General Assembly Resolutions which were dealing with issues like direct broadcasting by satellites (DBS), remote sensing (RS) and the use of nuclear power sources (NPS) in outer space. The third and current phase received its impetus from the growing commercialization of space activities and their emerging privatization. Therefore the main characteristics of this period relate to the efforts of adapting international space law to these recent changes and of finding ways and means to reconcile State interests with commercial perspectives. This book forms a welcome addition to any collection in the field of space law and is a refreshing contribution to the discussion in the field.
Political Science by Hanneke Louise Van Traa-Engelman
This book assesses the present status of space activity regulation against the background of the progressive commercialization of outer space. The basic legal framework for outer space activity was established during a time when space endeavour was still in its infancy and a critical reassessment of its principles therefore forms the basis of this publication. The outcome of this analysis and the legal implications which result from applying it to practical space utilization yield an insight into the legal questions pertaining to space commercialization and its practical implementation. "Commercial Utilization of Outer Space" will be of great interest to academics and practitioners in the field of space activities, as well as to government policy makers in different sectors of space commercialization ranging from space transportation, satellite communication and remote sensing to space insurance and manufacturing in outer space. Wherever appropriate and feasible practical aspects have been dealt with against the background of present-day realities and developments foreseen for the future.
Law by R. Venkata Rao,V. Gopalakrishnan,Kumar Abhijeet
Author: R. Venkata Rao,V. Gopalakrishnan,Kumar Abhijeet
This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
This is a major new work on International Space Law by an author who has perhaps contributed more than any other scholar to its development. In it he examines the whole of the regime of international law and space law including the role of the United Nations, the legal status of outer space, astronauts and out of space objects, the military use of outer space, the commercial uses of outer space and in particular the emerging law relating to satellites and telecommunications, including the increasingly vexed problems of international responsibility and liability for national activities in space. A number of the chapters in this book have previously been published as essays in law journals and as chapters of books but this is the first time that all these major pieces appear together and the opportunity has been taken to revise and update where appropriate.
The legal regime of outer space, as enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (General Assembly Resolution 1962 (XVIII), adopted in 1963, and in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, while prohibiting the appropriation of space by any means, envisages exploration for the bene?t and in the interest of all countries on a basis of equality and in accordance with international law. Freedom of scienti?c investigation is also contemplated. Elaborating on these instruments, the Assembly in 1996 adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space (RES 51/122), in which it called for heightened international co-operation, with part- ular attention to be given to the bene?t for and the interests of developing countries and countries with nascent space programmes. Thus, it is self-evident that the outer space regime, including the 1972 Liability Convention, envisages the conduct of national activities “for the bene?t and in the interests of all countries, irrespective of their degree of economic or scienti?c dev- opment”. In this regard, Article 6 of the 1967 Treaty not only provides for national activities in outer space, but for international responsibility whether such activities are carried out by governmental agencies or non-governmental entities, and aims at ensuring that national activities are conducted in conformity with the Treaty.
While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development
Following an overview of United States domestic space laws, this book focuses on some of the crucial issues that space lawyers and policy makers had to face during the last two decades. Presented in thirty-three chapters, the materials highlight basic issues associated with the use of: the geostationary orbit international direct television broadcasting by satellite solar powered satellites the relevant concerns of developing nations The book addresses policies regarding the protection of the space environment, deals with issues of space transportation systems, international space flight, liability for damage, arms control, remote sensing from space, and those associated with space stations. The study also projects expectations and presents a case study of issues that are likely to arise with the aerospace plane. Major international space instruments are reproduced in the Annex. Stephen Gorove is the author and the editor of many books and over 200 articles in the field of space law. He currently serves as Director of Space Law and Policy Studies at the University of Mississippi Law Center. He is a member of the International Academy of Astronautics and a representative of the International Astronautical Federation before the U.N. Committee on the Peaceful Uses of Outer Space.
Proceedings of the International Conference on Air Transport and Space Application in a New World Held in Tokyo Form 2-5 June 1993
Author: Chia-Jui Cheng
Publisher: Martinus Nijhoff Publishers
The very nature of international air transportation and outer space activities means that they have an international perspective. This is more evident today than at any time in the past, due to the intensification of trans-boundary trade, the internationalization of the division of work and the acceleration of technological progress. The Asian Institute of Air and Space Law, the Graduate School of Law, Soochow University, Taipei, the International Institute of Air and Space Law, Leiden University, and the Institute of Air and Space Law, McGill University, have instituted international conferences in order to provide a world platform for eminent specialists and scholars. The Tokyo Conference, upon which this excellent collection of papers is based, was concerned with a wide range of legal and practical questions arising from regulatory developments in international air transportation and in the exploration, exploitation and use of outer space and celestial bodies. The main topics of deliberation were: megacarriers in the 21st century, the need to revise the Bermuda Capacity Formula and the Chicago Convention, liability and responsibility in international aviation, safety, security and environment, airline industry competition, legal and political aspects of space transportation and manned space flights, the protection of the space environment and dispute settlement in air and space law. They are discussed in this volume with unparalleled authority.