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The article presents the relevant results of an analysis of the process of regulating private space activities. At the same time, the separate focus is on the development of space law and the main problems that currently exist in space law, including those related to the confrontation between public space law and private space law, for example: regulation of space traffic; determination of ownership of objects obtained as a result of space activities; mining and other aspects of commercialization of space activities. Additionally, a list of the main legal tasks in private space activities that require an early solution is identified, and the steps that have already been taken in this direction are described, namely, new variants of terminology, interpretation, and classification of objects and subjects of space activities, space law, and space legal relations as well as a new theory for determining the legal status of outer space are proposed. In the final analysis, it was concluded that it is necessary to continue research in further formation and improvement of the elements, interpretations, and structure of Space Private Law. To this end, the author proposed an option for further scientific research on the formation of the structure of Space Private Law based on the establishment and definition of the basic principles, concepts, and elements of such law. At the same time, the author identified the main goals, objectives, object, and subject of such research, and also, preliminary, determined the research methodology that is vital to obtain the most effective scientific results. According to the author, the results of the study on the formation of the structure of Space Private Law will be base for future foundations for regulating private space activities and preventing many legal conflicts. [ABSTRACT FROM AUTHOR]

The increase in the number of space activities in recent decades has led to a concomitant increase in space debris in orbit around Earth. Space debris pose a risk not just for specific satellites, but also on a systemic level, as a collision cascade can result in the near-Earth orbits becoming unusable. In turn, this would entail a loss of the services currently provided through satellites. The international community has recognised this risk. Despite this, states are reluctant to negotiate and conclude international legal rules to address the proliferation of space debris. This article explores a root cause of this discrepancy. It argues that while law is typically seen as the regulator of uncertainty, international law's regulation of outer space – under the interests of global capital investors – is directed by principles that support processes of commodification (i.e., the freedom of use), rather than principles that manage the risks associated with the proliferation of space debris as these would constrain (or are perceived to constrain) the expansion of capital (e.g., the precautionary principle). Therefore, international law – at the level of principles – is a co-producer of uncertainty. This conclusion is reached by exploring the proliferation of space debris through Ulrich Beck's world risk society and by incorporating capital and economic power into his work. This inclusion reveals (i) that it is the accumulation of capital that generates risks and (ii) that capital exploits the socially constructed nature of risk to legitimise its expansion. International law – as both a regulator and co-producer of uncertainty – plays an essential role in legitimising these processes. [ABSTRACT FROM AUTHOR]

In the 21st century, mega-constellations and interconnected satellite constellations deployed at various orbital altitudes, such as LEO, MEO, and GEO, with low Earth orbits (LEOs) being the most commonly used, have emerged as a trend, aiming to enhance the productivity and reduce the costs in space service delivery. The UNOOSA has noted the uncertainty in the exact number of satellites but conducted simulations based on a substantial sample, projecting a significant increase from the 2075 satellites recorded in orbit in 2018. This surge in the launch of mega-constellations poses profound challenges to existing international space laws, originally formulated with limited consideration for private space actors, who are increasingly engaging in space activities, particularly with the cost-effective utilization of mega-constellations. This study critically analyzes the compatibility of mega-constellations with the current international space laws by examining the applicability of mega-constellations concerning equitable access and the non-appropriation principle, addressing their potential occupation of substantial orbital spaces during activities, and analyzing whether the acquisition of orbital slot licenses violates these two principles. Following an in-depth analysis, this study proposes recommendations to amend the existing laws, aiming to resolve ambiguities and address emerging challenges. Recognizing the time-consuming process of amending international space laws, this study suggests practical recommendations for supplementary rules of the road, prompting reflection on the potential obsolescence of the current international space laws in the face of evolving space activities. [ABSTRACT FROM AUTHOR]

This article explores the value of space activity in terms of its financial impact, contribution to human well-being, and its potential benefits for non-human entities. The financial value of space activity is difficult to determine due to the overlap between space and non-space activities, but it is widely acknowledged that the space economy is growing and expected to continue expanding. Space activity also brings about positive outcomes, such as advancements in knowledge and the potential to address societal goals. However, there are challenges in distributing the opportunities and benefits of the space economy, as it is currently dominated by a small number of countries and individuals. Questions arise regarding the regulation and governance of space activity, including property rights and taxation. It is important for humanity to establish an effective and morally justified system for assigning legal property rights in space to avoid monopolization and limited outcomes. The article also highlights the contribution of space activity to basic human goods, such as happiness and knowledge. Firsthand experiences of space have been shown to bring happiness to individuals, and space activity has contributed to advancements in medical knowledge and technology. Additionally, space knowledge can have implications for national defense and security, as well as potentially promoting peace on Earth. The article also suggests that space activity can enhance conservation efforts and potentially lead to the discovery and engagement with extraterrestrial life. Overall, space activity holds significant value in various aspects and is expected to continue growing in the future. [Extracted from the article]

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The Outer Space Treaty of 1967 ('OST') bars national appropriation of celestial bodies in space. Many authoritative interpretations agree that this includes asteroids. The bar and the general constraints and ambiguities of the OST have stymied commercial space development for the past several decades. One such ambiguity is that the use of outer space 'shall be the province of all mankind'. The United States' passage of the Commercial Space Launch Competitiveness Act of 2015, which recognized private property rights in space resources in private individuals, is part of a space law paradigm shift. In an increasingly multipolar and destabilizing geopolitical environment, where treaty practice and customary international law may again take primacy over treaty making, the United States' position might become the dominant one. The principle of limited private appropriation in space has been adopted by a few other countries but has principally been espoused by private corporations through what Professor Melissa Durkee calls 'attributed lawmaking'. These corporations have focused their interpretation of the OST on Article II and property rights. Interestingly, corporations have been silent on Article I's statement that 'The...use of outer space...shall be the province of all mankind[]' and Article II's definition of 'celestial bodies'. This article provides two arguments that corporations could employ to advance a more holistic and commercial-friendly interpretation (particularly for asteroid mining) of the OST: Article I might not prohibit private ownership of space resources if that ownership ameliorates global challenges and Article II's definition of celestial bodies may not include asteroids. [ABSTRACT FROM AUTHOR]

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Copyright of Space Education & Strategic Applications is the property of Policy Studies Organization and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the draft conclusions on general principles of law (GPL) through the lens of air and space law practices. It highlights the controversy surrounding the identification of a second category of GPL and its potential impact on the international legal order. The article provides examples from outer space law and international civil aviation to illustrate the challenges and complexities of incorporating GPL into these areas. It also touches on the role of regional or bilateral GPL and raises questions about the relationship between GPL and treaties and customary international law. The article concludes by emphasizing the importance of examining the necessity and feasibility of a second category of GPL in different areas of international law. [Extracted from the article]

Copyright of University of Sharjah Journal of Law Sciences (JLS) is the property of University of Sharjah - Scientific Publishing Unit and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Scholars, states, and non-state organizations are intensifying their efforts to expand the legal regime governing outer space activities. But would an expanded space regime be effective in guiding and controlling behavior in space? In this Article, I argue that this question must be answered in the negative. My argument draws upon the interactional approach to international law. This approach posits that a regime will generate a sense of legal obligation among its subjects if it is based on shared understandings, satisfies eight criteria of legality, and is sustained by a practice of legality. Testing the space regime along these three axes, I conclude that key aspects of this regime--namely, the Outer Space Treaty and the International Telecommunications Union--are only partially compliant with the criteria and practice of legality. The results of this analysis suggest that we do not need more law in space. Rather, we need better use of the law we already have. [ABSTRACT FROM AUTHOR]

Mankind's effort to not extend the scope of militarism to outer space on one hand and the fear of great powers from the superiority of competitors in space activities on the other hand caused the necessity of peaceful use of space to be repeated in almost all existing instruments about the activities of states in outer space, which has turned this necessity into a binding rule. The necessity of using this principle in media communication is even greater due to the numerous examples of using the media to promote war and the like. In addition, the use of media is closely related to human rights and states sovereignty. The question is whether the principle of peaceful use of space in media communication is valid and enforceable. The hypothesis that we seek to prove is the principle of the necessity of peaceful use of space in media communication to play the role of a filter in not turning the media into a means of harming the rights of individuals or the sovereignty of states. [ABSTRACT FROM AUTHOR]

This paper applies lessons from the Artemis Accords to the nuclear arms regime--specifically asking whether strategic soft law agreements could create a stop gap for the shortcomings of nuclear arms control. Soft law can lead to more consistent communications, helping build predictability and trust, which is a recipe for a more secure world. *This essay is updated from a previously published version and appears here by permission of the Minnesota Journal of International Law. [ABSTRACT FROM AUTHOR]

Lack of a clear definition of the term "celestial bodies" as used in the 1967 Outer Space Treaty risks exporting legal and political conflict into the cosmos. *This essay is updated from a previously published version and appears here by permission of the Journal of Space Law at Ole Miss. [ABSTRACT FROM AUTHOR]

The exploration of outer space has ushered in a new era of challenges for international law, particularly in the realm of Private International Law (PIL). As the space industry continues to evolve, it is imperative to assess how PIL can effectively address these emerging legal complexities. This research employs the doctrinal method to critically analyse the existing framework of space law, exploring the historical and theoretical foundations of PIL in the context of space activities. It highlights the need for adaptation and innovation in legal norms to ensure the regulation of activities beyond Earth's boundaries. Examining international agreements and conventions governing space endeavours, this study identifies gaps in the legal landscape, particularly concerning liability issues, resource extraction, and dispute resolution mechanisms. In conclusion, this research calls for a comprehensive review of PIL in the context of space exploration, advocating for adjustments to existing legal instruments to accommodate the unique challenges posed by the new frontier. [ABSTRACT FROM AUTHOR]

Copyright of World Affairs is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the implications of China's 2007 anti-satellite (ASAT) test for global security and strategic intelligence. Topics include the impact of spacefaring as a domain of power, the significance of the ASAT test in shaping space policy and security, and the need for improved international governance and norms to address space-related threats.

This Article presents the in-progress development of the laws of space warfare as a case of non-binding international lawmaking and connects it to recent scholarship on non-binding international agreements and to Elinor Ostrom's Nobel Prize winning theory of polycentric governance. A rapid escalatory cycle--from NATO's December 2019 declaration of space as a warfighting domain and the subsequent establishment of the U.S. Space Force to Russia's successful test of a killer satellite capable of destroying spacecrafts, culminating in the first space-cyber war in Ukraine--turned a domain once reserved for peaceful purposes to a war zone. Yet, these laws of war are the least developed compared to the other war domains (land, sea, and air). The under-supply of rules meets a multilateral system almost incapable of adopting new legally binding instruments. Is space on its way to becoming a lawless war arena? This Article suggests otherwise. With no new treaty expected in the foreseeable future, the laws of space warfare are incrementally developed by multiple off-UN forums that introduce nonbinding instruments and agreements. While the lack of a comprehensive approach and legally binding status may cause concern, this Article suggests that this is the best course of action to develop the corpus juris of space warfare under the conditions of modern global affairs, based on empirically backed principles of polycentric governance. In terms of policy recommendations, this Article suggests policymakers embrace a polycentric approach and divert governance-building efforts to support initiatives to introduce non-binding rules and agreements. These may complement binding law and create, in the aggregate, a more comprehensive array of rules for space warfare. The Article further suggests membership and compliance as more suitable tests for international agreements than bindingness and proposes that, because non-binding international agreements complement legally binding treaties, they are within the compound of international law. [ABSTRACT FROM AUTHOR]

The article discusses the Criminal Law - Then, Now, Tomorrow exhibition at the Sir Harry Gibbs Legal Heritage Centre in Brisbane, Australia. The exhibition provides an accessible introduction to the history of Queensland's criminal legislation and judicial system, divided into three sections: 'then', 'now', and 'tomorrow'. It explores landmark moments in Queensland's past, recent law reforms, and future issues that criminal legislation will need to address. The exhibit is educational and thought-provoking, inviting visitors to consider their own opinions and fostering discussion on criminal law. [Extracted from the article]

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Strategic documents of the European Union (EU) in the space sphere are analyzed in this Article. It is concluded that despite the active use of the "space doctrine" concept in the EU, regulating public legal relations through the establishment and adoption of the corresponding branch doctrine it is not an ongoing practice. The author substantiates the view that the "space doctrine" concept is not sufficiently studied today. Despite the claim that the term "doctrine" is of military origin, security and defense doctrine can be a tool of command, of education, or transformation. The dialectic-materialistic method of cognition was used as a general scientific method, which enabled to carry out a comprehensive scientific analysis of doctrinal provisions in the development of the concept of the EU space doctrine, which is proposed to be used as a unifying term for the latest European acts in the field of space security and defense. [ABSTRACT FROM AUTHOR]

This scientific research paper analyzes the link between space technology and space law through specifically designed Human-Computer Interaction (HCI) systems applied in manned spacecraft missions, notably by the National Aeronautics and Space Administration (NASA). The risk of inadequate HCI systems may lead to a wide range of undesired consequences, including risks of error or failure of mission objectives, wrongly displayed information, unavailable data and confusion of the data presented, this potentially putting astronauts aboard the spacecraft in life-threatening circumstanced within their extraterrestrial working environment. Consequently, the blame is put on the lack of appropriate policies addressing the regulation of space-related HCI systems. Hence, an international public policy framework is proposed in order to ultimately ensure astronauts' safety in space exploration, as well as minimizing the risk of space-related accidents occurring during manned spacecraft missions. [ABSTRACT FROM AUTHOR]

The article reveals the latest perspectives of global digital governance for space exploration. Approaches to the formation of a general concept of global digital governance, which is focused on ensuring security, stability and inclusiveness in the digital space, are analysed. It was revealed that the formation of a model of global digital governance is characterized by certain trends that reflect the aspirations of states to ensure national security, technological leadership and economic growth. The key trends in the formation of digital governance have been identified. The importance of global digital governance for space law is determined. The main possibilities of global digital governance for space exploration are highlighted: development of international coordination and cooperation; ensuring security and infrastructure protection; development of technological innovations; expansion of economic opportunities and inclusiveness; development of science and education in the field of space law; guaranteeing environmental responsibility. [ABSTRACT FROM AUTHOR]

The article reveals the importance of space for national security. The points of interaction between space activities and national security are identified, which reflect the growing importance of outer space for ensuring the security of States and emergency management, the growth of international cooperation in the field of space technologies. The newest possibilities of space to ensure national security (warning and military intelligence systems; communication systems and means of coordination; systems of space monitoring of the environment and resource management; systems of border and maritime surveillance; development of other technologies; development of global cooperation) are revealed. The problems of ensuring the priority of national security in the use of space resources have been formed, with the formation of a global strategy that geopolitical stability and prevention of the militarization of space should become key aspects for ensuring the national security of any State. [ABSTRACT FROM AUTHOR]

To ensure the proper functioning of Ukraine as a space nation, one of the important factors is the development of domestic legal opinion and legislation on the outlined issue. And if the topic of the formation of space law in Ukraine appears to be more researched, then its direction, such as remote sensing of the Earth from space, requires a more detailed legal analysis and legislative regulation. Evidence of this is the draft Law of Ukraine "On State Regulation in the Field of Earth Remote Sensing," proposed in 2014, which has not yet been adopted, although its adoption is part of Ukraine's obligations under the Ukraine- EU Association Agreement. In such a case, the issue of researching the legal basis of remote sensing of the Earth from space becomes relevant, where the legal nature of this phenomenon is of primary importance. In the course of the conducted scientific research, the following legal features of remote sensing of the Earth from space were proposed: 1) it is a type of information collection based on the method of observation, which is part of such a management function as monitoring; 2) it is the activity on special space systems or their separate elements operation, as well as the accumulation, processing, integration and distribution of relevant data about the Earth; 3) it is a set of space and informational means that are functionally and organizationally interconnected and ensure proper remote sensing of the Earth from space; 4) the main technical means of remote sensing of the Earth are: radars, lidars, laser altimeters, spectrometers, radiometers, accelerometers, rangefinders, echo sounders, scatter meters, etc.; 5) it is a set of legal relations, the object of which is information necessary for the development of many spheres of human activity: meteorology, ecology, nature management, seismology, prevention of emergency situations of natural and man-made origin, agroforestry improvement activities, in the field of security and defense of the country, etc. The subjects of such legal relations are defined as operators, primary subjects of service provision, secondary subjects of service provision, consumers, as well as a set of authorized controlling authorities. The reasons for the emergence of such legal relations, to which the author includes international and domestic normative acts dedicated to the legal regulation of remote sensing of the Earth, are also revealed; 6) it is a comprehensive institution of space law; 7) is an interdisciplinary science that combines scientific developments in the specifics of space meteorology, geodesy, geology, hydrology, oceanology, earth science, etc. Based on the selected features, the author's definition of the concept of remote sensing of the Earth from space is formulated in the work. [ABSTRACT FROM AUTHOR]

Energy production, transportation, and industrial operations, which have higher carbon footprints, are frequently the focus of climate change mitigation measures. It is important to keep in mind that the processes involved in outer space launch operations, such as manufacturing, shipping and infrastructure construction have environmental impacts as well. It is critical to take into account the possible effects of space launches on the Earth's climate from a legal and regulatory perspective as the space industry is expanded rapidly. When rocket propellants burn, carbon dioxide (CO2) and harmful gases are released into the atmosphere, which contributes to greenhouse gas emissions from space launches. This research paper in Part II elaborates on human rights perspective to climate change. Part III investigates the influence of outer space activities on climate. In Part IV, the evaluation of the disproportionate effects of space launch emissions on marginalised and vulnerable populations is discussed, with an emphasis on the concepts of climate justice and equity. Part V conducts a study of national laws, international environmental treaties, space law and policy procedures asserting liability and determining compensation for potential climate damage resulting from space launch activities. Part VI proposes establishment of specific liability frameworks and policy considerations through international cooperation for space launch operations liable for any negative climate repercussions along with incentivizing sustainable propulsion technologies and supporting green infrastructure. [ABSTRACT FROM AUTHOR]

The purpose of this article is to analyze Ukraine's space policy from the viewpoint of its correlation with space law, to clarify the peculiarities of the respective interaction, its advantages and weaknesses, as well as to develop recommendations for improving the efficiency of space activities using the mechanisms of strategic planning and improving the systemic links between policy and law. The study is carried out in a chronological context: from the collapse of the USSR and the formation of an independent Ukrainian State to the present day, taking into account the dominant trends at each stage. Based on a systematic analysis of political processes and their correlation with law-making and law enforcement mechanisms, the author concludes that the current state of Ukraine's space activities is in crisis. This situation is largely due to the absence/insufficiency of strategic planning of space activities in Ukraine. Until Ukraine is placed outside the brackets of the world's space powers, it is necessary to pay serious attention to the development of a doctrine of Ukraine's space activities with the broad involvement of science. On its basis, having taken into account all economic, political, infrastructural, technological factors, as well as current existential challenges, the Strategy of Space Activities of Ukraine should be elaborated, with a legal component as an organic part of it. [ABSTRACT FROM AUTHOR]

The article examines various aspects of responsibility for irresponsible space activities related to the use of artificial intelligence. It is stated that the existing legal instruments for regulating AI do not allow us to fully make space law effective and compatible with this technology, as well as the risks that this technology can bring. An analysis of the Convention on International Liability for Damage Caused by Space Objects (1971) is carried out, an interim conclusion is made that its norms apply to spacecraft that used AI technology. It is found that the "problem of many hands" inherent in space activity leads to difficulties in tracing the causal relationship between the action of a particular person in the chain of creation, maintenance, use of AI, etc. and the damage caused by an autonomous spacecraft. The article reveals the key contradictions of the current norms of AI responsibility for irresponsible space activities and suggests ways to solve them by developing and adopting comprehensive rules of conduct in space activities. [ABSTRACT FROM AUTHOR]

"The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey" is a comprehensive book that provides an overview of the Part XI regime of UNCLOS and the ISA. It covers topics such as the evolution of the ISA, dispute settlement, deep seabed mining, and liability issues. The book offers valuable perspectives for academics, practitioners, and students interested in deep seabed mining. "Regulation of Risk: Transport, Trade and Environment in Perspective" explores the regulation of risk in transportation, trade, and the environment. It covers various risk issues and challenges, including international trade, safety, public health, and new technological developments. The book provides valuable insights for advanced students, legal scholars, policymakers, and practitioners in the field. "The International Legal Regime Relating to Marine Protected Area in Areas Beyond National Jurisdiction: Identifying and Addressing Gaps" examines the gaps in existing legal regimes concerning MPAs in ABNJ. It offers valuable insights into the topic and remains relevant in academic, diplomatic, and policy discussions. "Conserving Biodiversity in Areas beyond National Jurisdiction" is a collection of papers that explore the conservation of marine biodiversity in ABNJ. It provides a comprehensive overview of the issues and challenges surrounding the establishment and management of MPAs in these areas. The book includes contributions from scholars, negotiators, and experts in the field, offering diverse perspectives. "Navires Autonomes: [Extracted from the article]

Traditionally, the governance of outer space and the regulation of space activities have been State-centred. During the last decade, however, global space governance has been characterized by the influx of private space actors with the capacity to influence the political decision-making and regulatory scenes. This has led to laws and policies that seek to transform the status of outer space from one beyond property and sovereignty to one subject to territorial dynamics, such as through the institution of private property. Within this context, this article investigates the production of authority in modern global space governance and presents the power of private space actors at the root of such authority. At a second level and recognizing the importance of all space actors, including private actors, the article argues for the establishment of a pluralistic legal order for space activities, harmonizing the traditionally State-centred space law framework with the modern needs of the space industry that bring private actors to the fore. The article suggests the Moon Agreement as a tool for inspiration towards the construction of such a framework. [ABSTRACT FROM AUTHOR]

Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In light of the renewed global interest in Earth’s sole natural satellite, this Article ventures into the intricate legal dynamics shaping the development of a lunar mining industry. It starts by illuminating how various models of Outer Space governance can influence three critical aspects of lunar mining: (i) resource ownership rights, (ii) adherence to a non-interference policy, and (iii) commitment to environmental protection. The analysis encompasses a range of legal structures, including (a) the U.N. Outer Space treaties; (b) Alliance-based frameworks such as the Artemis Accords led by the United States, the International Lunar Research Station driven by China, the Principles proposed by the Moon Village Association, and the Building Blocks Framework spearheaded by the Hague International Working Group; as well as (c) national legislations related to space resources coming from the United States, Luxembourg, the United Arab Emirates, and Japan. Addressing the potential confusion that can stem from this diverse legal landscape, the Article proposes the creation of a unifying authority that can streamline this fragmented landscape. Drawing on precedents, the Article underscores the proposed agency’s alignment with existing Outer Space governance paradigms. It then argues for this organization’s formation under the auspices of the United Nations and provides recommendations on its structure, membership, leadership, and governance. Through the successful implementation of this proposal, this Article hopes that the Moon becomes the epicenter of a thriving mining industry set to fuel humanity’s further exploration of the universe. [ABSTRACT FROM AUTHOR]

Besides the numerous benefits offered by outer space, manned spaceflight has lead to some negative effects manifested by various forms of pollution when introducing terrestrial substances and materials. Considering the Rome II Regulation, Article 7 applies in cases of non-contractual obligations arising out of environmental damage or damage sustained by persons or property as a result of such damage. Giving particular emphasis on space-faring member states of the European Union and the European Space Agency in regards to the damage and/or the event giving rise to it may occur within an extraterrestrial environment, Rome II does not theoretically grasp the notion of orbital pollution due to it not being identified as an "environmental damage" in any legal source. When attempting to identify orbital pollution as an environmental damage by drawing a parallel to Rome II, two elements are analyzed: (a) specific Earth-orbits polluted with orbital debris; and (b) potential damages to persons and spacecrafts resulting from space-faring nations' failure to mitigate domestic orbital debris; this critical analysis, hence, examines whether Rome II does justice for extraterrestrial environmental damages and further argues that the extraterrestrial environment - along with persons and property within - is just as equally endangered as the terrestrial environment. [ABSTRACT FROM AUTHOR]

Outer space offers great potential, in terms of technological developments, access to natural resources and possibilities of exploration of and beyond the Moon. However, the exponential growth in the number of satellites, actors and types of space activities creates challenges for the continued Safety, Sustainability and Security (S3) of space activities. These challenges can be summarized as Congestion, Competition and Contestation in space, with all these trends converging (C4). This article explores how the European Union (EU) has over the past two decades been developing a space policy and how it can contribute to an effective, equitable and sustainable global governance of outer space. It argues that the EU is building a solid backbone to become a relevant power in global space governance across its different policies, but also that there is more potential to be realized, especially concerning the shaping future space law and governance. [ABSTRACT FROM AUTHOR]

This research article explores the issue of the formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979). The historical prerequisites and main provisions of key international treaties related to this issue are analyzed. The gradual formation of key agreements in the context of political confrontation and mistrust between the leading space powers, which is considered in the research, was an important step in limiting and containing the arms race in outer space. The article also discusses the limitations and gaps of the main agreements of international space law and related agreements, which only partially regulate the military use of space and do not address new types of weapons and technologies that can be deployed or used in outer space for military purposes. The article suggests that one of the ways to strengthen the international legal framework for outer space demilitarization is the development of new international agreements that would prohibit the proliferation and use of such weapons and technologies in space, and that would protect outer space from aggressive military activities. Moreover, the article justifies the importance of the international legal regulation of the military use of outer space as a tool for preventing an arms race in outer space. It can include such issues as regulation of new types of weapons and their deployment that are not prohibited by main international agreements of international space law and ensuring the peaceful use of outer space. The article also presents an explanation concerning a concept of «weaponization of space», which is part of the military use of space. In this vein, it evokes the necessity of further strengthening of the international legal regulation of the discussed topic. [ABSTRACT FROM AUTHOR]

In particular, the article hints at the possibility of conflicts between states due to competition for resources in space, as well as the lack of full regulation of legal aspects in interstellar space. Particular attention is paid to the development of international treaties and mechanisms aimed at resolving these issues and ensuring peace and cooperation in outer space. Such documents can become the basis for creating a single legal space in outer space, where the rights and obligations of all entities will be clearly defined. The article concludes by emphasizing that the development of future space technologies requires a global approach to legal regulation to ensure security and stability in space, as well as the use of these new opportunities for the common benefit of all mankind. The article examines the topical issue of application of private international law to space travel over distances of light years using advanced technologies of the future. Travelling in space over such a vast distance is becoming increasingly realistic due to the development of astronomical research and technological progress. Legal aspects are an important aspect of such travel, as space activities raise numerous legal issues. Private international law defines the legal status of persons and objects in space representing different states. The application of this law requires resolving issues of jurisdiction, ownership, liability, and conflict resolution between different states and space actors. Future technologies, such as high-speed interstellar transportation and expanded habitat modules in space stations, introduce new challenges to the regulation of these issues. The article raises a lot of questions to which answers will still be found, and this process is a process that belongs to the future. At this stage, it is not known who else in the world would raise similar issues in the context of private international law, public international law, and international law in general. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the legal aspects of the implementation of the norms of space law in Ukraine regarding the implementation of the national registration of space objects. It was established that the registration-legal connection between a space object and the state is a legal element that determines the presence or absence of a stipulated right of state jurisdiction over a space object in outer space. It is proven that the implementation of the exclusive jurisdiction of the state depends on the existence of a clear mechanism for the national registration of space objects and the effective functioning of their state register. Based on the analysis of the norms of international space law, it was determined that the «state of registration» of a space object is its «launch state», which maintains a register of space objects. It is emphasized that the «launch state» should introduce a national procedure for registering space objects, which involves the creation of a state register. The legal significance of their registration lies in the fact that entering a space object into the register is a legally significant action that enables the application of the norms of national legislation. It is the "launch state" tha thas received and implemented the right to register the space object, will have the legal status of the "r egistration state" and will implement quasiterritorial jurisdiction over the object during its stay in out er space. It is argued that the legislative norm on the mandatory state registration of spacecraft in the State Register of Spacecraft of Ukraine does not currently create legal consequences for the subjects of the relevant legal relationship, since the Rules for the Registration of Spacecraft in Ukraine have not been approved by the Cabinet of Ministers of Ukraine yet. Legal uncertainty regarding the rules of their registration creates a potentially dangerous jurisdictional vacuum during the stay of spacecraft in outer space, which can lead to the emer gence of negative legal situations. The primary step of the state in solving this problem should be the establishment of a clear and effective procedure for the national registration of space objects. This will contribute to ensuring legal stability and compliance of Ukrainian space legislation with the norms and principles of international space law, as well as guaranteeing the preservation of Ukraine's jurisdiction over objects launched into outer space. [ABSTRACT FROM AUTHOR]

This article discusses what Ghana needs for the development of legal and scientific education programmes to manage framework of biodiversity and the ecosystem. The first part of the article examines literature produced on this topic, which offers many clues about the challenges and opportunities facing Ghana, as well as the lessons that can be learned from both other space nations and actors in this field. When looking at perceptions, the second part explores material taken from ethically approved interviews which were conducted with experts in this field, whilst the third section provides an analysis of data taken from a survey in which respondents were asked targeted questions about Ghana's space and science education programmes, before summarising the key findings. The findings help to better understand the effect of biodiversity and the ecosystem. Finally, it is recommended that future work is required in the areas of: preserving, sustaining and maintaining biodiversity and the ecosystems; management frameworks for invasive species and biosecurity; management frameworks for environmental degradation and climate change; a management framework that focuses on the fair and equitable access to and sharing of the benefits of biodiversity resources with all communities in Ghana; and assessing and including biodiversity and ecosystem in the development process of space law and science education. [ABSTRACT FROM AUTHOR]

The article reveals the main aspects of the organization of cooperation in space activities at the initial stage of its development when the fiercest space race between the Union of Soviet Socialist Republics and the United States of America was taking place. The main goals of the international community concerning joint research and development of outer space and celestial bodies, as well as the circumstances that influenced the formation of such cooperation at this stage, are explained and analyzed. In addition, the article is also concerned with the issue of the international bodies establishment related to the organization and control of joint space activity, the issue of the organization of interstate cooperation in outer space in the direction of creating communication accessible to the population of the entire planet with the help of satellites, the issue of legal regulation of joint activity in outer space and on celestial bodies, as well as the issue of creating an international network of spaceports for launching sounding rockets by all interested participants in space activities (in particular, to make it possible for non-state organizations to take part in space activities). Considering the modern competition among states in the struggle for dominance in outer space and on celestial bodies and the dangers that such a competition brings, the study returns to the origins of space activity to identify and analyze the factors that influenced the formation of international cooperation in space (both negatively and positively). The main focus is on international documents adopted by the United Nations General Assembly between 1959 and 1962. Specifically, the results of the study of the three main Resolutions adopted by the General Assembly of the United Nations in this period regarding international cooperation in the use of outer space for peaceful purposes are presented. [ABSTRACT FROM AUTHOR]

This is the fourth article in the study related to analyzing the process of regulation of space activities. Considering the results of previous studies of documents adopted by the international community during the 1958-1963 period in the regulation of space activities, this article continues the presentation of the study of the process of Outer Space Public Law development. The article describes the initiatives of the international community (including the UN General Assembly) connected with the regulation of relations among States in matters of the use of outer space and celestial bodies. First of all, it describes the process of gradual formation of one of the most important international principles of Public Space Law, which can be attributed to the group of General Principles of Space Activities, namely, "The Principle of a Useful Cosmos". Also, legal conflicts and difficulties that arose at the initial stage of the formation of this principle as well as the consequences to which they could lead are described. In addition, the article describes the process of formation of another very important principle of Public Space Law that can also be included in the group of General Principles of Space Activity, namely, "The Principle of Space Traffic", which at that time already consisted of three special principles formed under the influence of specific international initiatives. Thus, the initiative to streamline space vehicle launches into outer space formed "The Principle of launch registration". The initiative to organize interaction among States regarding astronauts and space vehicles launched into space formed "The Principle of mutual assistance" In turn, the initiative to organize the safety of space activities formed "the Principle of Responsibility". At the same time, all these principles were developed only in the form of Conventionalis stipulatio, which were mainly set out in the Resolutions and Declarations of the UN General Assembly. Considering the above, it is necessary to pay attention again to the fact that the researcher should not expect from the "Outer Space Law" the form in which this "Law" is accustomed to consider, due to the exclusivity of the environment to which this new "Law" was formed. [ABSTRACT FROM AUTHOR]

Stagnation in the development of the process of regulation of relations in outer space and on celestial bodies as well as a large number of gaps and contradictions in this area along with impressive technical progress in the field of space activities and the expansion of its subject composition have led to the need to reconsider existing approaches to regulating such relations. This article is the beginning of an extensive study of the process and results of the regulation of space activities from 1958 to the present day. The purpose of this study is a deep analysis of international documents adopted for the entire period of space activities, as well as an attempt to highlight the basic principles, concepts, models, and rules of space activities. The results of this study will make it possible to understand the issues that remain unresolved and the gaps in the field of space law and also set new tasks for the development of space law and suggest ways to solve them. This article includes a review and analysis of international documents adopted at the first stage of the development of space activities (1958-1963), and also the goals and conditions for their adoption. As a result of this analysis, the article presents a list and description of the tasks that were formed by the international community at this stage along with the difficulties that arose at the stage of their formation and implementation. In addition, a new vision of the concepts that arose at this stage in connection with the need to regulate space activities is proposed. In the future, the results of this analysis will allow us to continue the study of space relationships to determine and describe the essence of the legal systems that regulate or may regulate space activities, as well as to identify (define, classify, and formulate) spatial-territorial jurisdictions and subject-object composition of participants in space activities. [ABSTRACT FROM AUTHOR]

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The article focuses on various aspects of state engagement in space, covering topics such as space diplomacy, challenges posed by space debris to the space economy's sustainability, and the regulation of space resource activities. Contributors delve into issues including the funding of dual-use space assets, contrasting EU and US attitudes toward space traffic management, and the strategic evolution of space activities in Portugal.

Portugal is one of the most recent countries to have passed national space legislation and to have in place a national space policy and strategy. The Portuguese Decree-Law no. 16/2019, of 22 January, and subsequent legal diplomas were not only an historical milestone, but above all, a strategic and geopolitical one. Relying on the European Space Agency's technical support, the country is developing a spaceport on the Azores islands for the launch of small commercial satellites. The signs are indeed positive, yet from a legal point of view, it is still premature to anticipate whether Portuguese space law can, in fact, provide a robust response to the growing interest in space activities in Portugal. As such, this contribution addresses the strategic, political, and legal evolution of space activities in Portugal, focusing on the current legal framework, its potential, but also the challenges it may encounter, assessing possible paths to improve and respond to public and private needs. [ABSTRACT FROM AUTHOR]

Article 11 (1) of the 1979 Moon Agreement enshrined the principle of the common heritage of humankind in space law. As of 2023, the Moon Agreement has been ratified by fewer than 20 countries, with many considering this principle the reason for it. This is mostly due to a lack of understanding (and many misconceptions) of its precise meaning and legal effects. However, due to the recent focus on space resource activities, it is fundamental that we understand it and how it can be helpful to regulate space resource activities in an equitable and fair manner. In this article, I analyse and explain the common heritage principle and its elements. First, I look at its interpretation in scholarly work in order to identify its features in international law. Following this, I address the Outer Space Treaty as the basis of the Moon Agreement. I end with an assessment of the latter treaty, to understand the dimensions of common heritage in space law. After these steps, I submit that the common heritage principle should not be discarded and remains the best approach to the issue of space resource activities. [ABSTRACT FROM AUTHOR]