Search

Space resources activities are currently the objective of a thriving cross-disciplinary global effort aimed at assessing their role and potential in the future of humankind. New innovative mission ...

Purpose: international space law, consisting of five international agreements and 7resolutions of the United Nations General Assembly does not contain directly any provision that would hint to human rights. It cannot however be realistically perceived that there is any field of international law that would not be affected by human rights. Space Law provides an opportunity to be influenced by human rights. Article III of the Outer Space Treaty of 1967 allows the application of other areas of international law, such as human rights, in case of this area not being mentioned by the lex specialis of space law. Research methods: general-scientific and special-legal methods of scientific knowledge, in particular: system-structural and functional methods, method of observation, method of generalization, methods of analysis and synthesis have been applied. Results: in this short paper it will be assessed under which circumstances and with which effect human rights can be applied to the lex lata of international space law. Discussion: should no help be provided to an astronaut in distress? Should not the behaviour of astronauts on board the international space station be directed by the idea of human rights? Shouldn’t in the future any living together of human beings on celestial bodies like Moon or Mars be directed through human rights? Мета: міжнародне космічне право, що складається з п’яти міжнародних угод і 7резолюцій Генеральної Асамблеї ООН, прямо не містить жодного положення, яке б натякало на права людини. Проте неможливо реалістично сприйняти, що існує будь-яка сфера міжнародного права, на яку права людини не впливають. Космічне право дає можливість вплинути на права людини. Стаття III Договору про космос 1967 року дозволяє застосовувати інші галузі міжнародного права, наприклад права людини, якщо ця сфера не згадується в lex specialis космічного права. Методи дослідження: застосовані загальнонаукові та спеціально-правові методи наукового пізнання, зокрема: системно-структурні та функціональні методи, метод спостереження, метод узагальнення, методи аналізу та синтезу. Результати: у цій короткій роботі буде оцінено, за яких обставин і з яким ефектом права людини можуть застосовуватися до lex lata міжнародного космічного права. Обговорення: чи не слід надавати допомогу космонавту, який потрапив у біду? Хіба поведінка астронавтів на борту міжнародної космічної станції не повинна керуватися ідеєю прав людини? Чи не повинно в майбутньому будь-яке спільне життя людей на таких небесних тілах, як Місяць чи Марс, спрямовуватися через права людини? Тому можна стверджувати, що міжнародні права людини застосовні до діяльності людини в космічному просторі та на небесних тілах. Вони підлягають виконанню за допомогою засобів, які передбачені законами про права людини. Їх дія спрямована лише проти будь-якої вищої влади і в принципі не включає будь-яку можливість застосування третьою стороною. Поки що потрібно визнати, що права людини застосовуються лише в тому випадку, якщо на людей впливає їх суверенна влада. Проте можна додати, що навіть у разі постійного поселення людей на небесних тілах, існує велика ймовірність того, що права людини відіграють важливу роль.

To whom does the outer space around Earth ‘belong’? This question brought about space law’s first treaty provision and its worst disputes, but it remains without definitive answer. Whoever asks must implicitly decide who ‘we’ excludes and what ‘belonging’ means. They choose whether to ask a tool or weapon; they create borders and entitlements at will. In this paper I argue that this question has empowered the loudest interpreters to conquer the cosmos in plain sight. This conquest of space continues today in how we read its law, how we remember its past, and how we imagine its future. Space law is focused on the future and vehemently ‘dynamic’ in the present, but too often forgets its past. By critically assessing the orbital commons, I hope to expose three dominant myths approaching orthodoxy: that space is without history, without victims, and without rules. These assumptions erase the Global South’s consistent contributions to ‘global’ commons governance. This paper examines this history with an eye to current developments that might reframe space commons discourse, before moving to what could have been, had Global South space practice been considered.

The character of the use and exploration of outer space has changed dramatically since the first artificial satellite was launched in 1957. The question this research addresses is whether the existing international legal framework for space activities adequately regulates current and future challenges and opportunities of the use, exploration and exploitation of outer space, and if not, how this can be remedied. It answers these questions in a series of published articles.Although the legal framework that was adopted by States since the 1960s is of immense value and must be preserved, the rapid pace at which technology advances and the increase and variety of actors in this field imply that it cannot address all challenges and opportunities in a sustainable, safe and secure manner.The existing legal framework must be clarified and supplemented, and the adoption of soft law, guidelines, resolutions at international and regional level, as well as the reinforcement of national frameworks and industry best practices seems the most pragmatic way forward.Outer space is an international realm and in formulating future space law it is essential to strive for a set of common rules of behaviour, including the views and needs of all stakeholders.

Od početka svemirskog doba, Zemljina je orbita često korišteno okruženje za mnoštvo ljudskih aktivnosti, od komercijalnih do znanstvenih. Ulazak Sputnika-1 u svemir 1957. i svemirska utrka koja je uslijedila otvorili su mogućnosti za takve korisne ljudske aktivnosti. Nažalost, te pojačane svemirske aktivnosti rezultirale su i štetom za svemirski okoliš u vidu stvaranja svemirskog otpada. Dok se na znanstvenoj razini poduzimaju značajni napori za smanjenje onečišćenja svemira, pravni režim koji je potreban za dopunu znanstvenih napora krajnje je nedostatan zbog neuspjeha svemirskih ugovora da suvremena načela zaštite okoliša učine djelotvornim. U svjetlu toga, ovaj rad bavi se relevantnim svemirskim pravom i ukazuje na njegove nedostatke u pogledu zaštite svemirskog okoliša. Posebni naglasak pridaje se relevantnim načelima iz područja međunarodnog prava okoliša koja su primjenjiva i na problem svemirskog otpada., Since the dawn of the space age, Earth's orbit has been a frequently used environment for a multitude of human activities, from commercial to scientific. The entry of Sputnik-1 into space in 1957 and the space race that followed, opened up the possibilities for such beneficial human activities. Unfortunately, these increased space activities also resulted in damage to the space environment in the form of space debris. While significant efforts are being made at the scientific level to reduce space pollution, the legal regime needed to complement the scientific efforts is woefully inadequate due to the failure of space treaties to give effect to modern environmental protection principles. In light of this, this paper deals with the relevant space law and points out its shortcomings regarding the protection of the space environment. Special emphasis is given to relevant principles from the field of international environmental law, which are also applicable to the problem of space debris.

The near future will see a multitude of lunar missions through the efforts of both space agencies and commercial stakeholders. The current lack of coordination mechanisms for lunar activities presents a serious challenge to future missions and could lead to dangerous conflicts, especially in light of the increased global interest in specific areas like the lunar south pole. The need to preserve the peaceful uses of space, together with the desire to begin a new era of sustainable space exploration, urges the development of a common level playing field for upcoming lunar activities. A number of issues must be addressed to ensure sustainable lunar exploration and settlement in and around the Moon, including, for example, mitigating the creation of debris in lunar orbit, defining standards to enable interoperability, and regulating access to natural resources. In 2019, the Moon Village Association (MVA) created an international platform to address these critical issues with the goal of de-risking future lunar missions and increasing global cooperation for lunar exploration and settlement. The MVA decided to promote the development of a neutral forum for multi- stakeholder discussions on lunar exploration: the Global Expert Group on Sustainable Lunar Activities (GEGSLA), with the goal of de- risking future lunar missions and increasing global cooperation for lunar exploration and settlement. The primary goal of GEGSLA meetings is to stimulate informal discussions to prepare documents to be brought to the attention of UNCOPUOS for further discussion and deliberation. The Group started its work with the kick-off meeting on February 25, 2021, creating the basis for increasing global coordination for a new era of sustainable space exploration.

The near future will see a multitude of lunar missions through the efforts ofboth space agencies and commercial stakeholders. The current lack ofcoordination mechanisms for lunar activities presents a serious challenge tofuture missions and could lead to dangerous conflicts, especially in light ofthe increased global interest in specific areas like the lunar south pole. Theneed to preserve the peaceful uses of space, together with the desire to begina new era of sustainable space exploration, urges the development of acommon level playing field for upcoming lunar activities.A number of issues must be addressed to ensure sustainable lunar explorationand settlement in and around the Moon, including, for example, mitigatingthe creation of debris in lunar orbit, defining standards to enableinteroperability, and regulating access to natural resources.In 2019, the Moon Village Association (MVA) created an internationalplatform to address these critical issues with the goal of de-risking futurelunar missions and increasing global cooperation for lunar exploration andsettlement. The MVA decided to promote the development of a neutral forumfor multi- stakeholder discussions on lunar exploration: the Global ExpertGroup on Sustainable Lunar Activities (GEGSLA), with the goal of de-risking future lunar missions and increasing global cooperation for lunarexploration and settlement.The primary goal of GEGSLA meetings is to stimulate informal discussionsto prepare documents to be brought to the attention of UNCOPUOS forfurther discussion and deliberation. The Group started its work with thekick-off meeting on February 25, 2021, creating the basis for increasingglobal coordination for a new era of sustainable space exploration.

The near future will see a multitude of lunar missions through the efforts ofboth space agencies and commercial stakeholders. The current lack ofcoordination mechanisms for lunar activities presents a serious challenge tofuture missions and could lead to dangerous conflicts, especially in light ofthe increased global interest in specific areas like the lunar south pole. Theneed to preserve the peaceful uses of space, together with the desire to begina new era of sustainable space exploration, urges the development of acommon level playing field for upcoming lunar activities.A number of issues must be addressed to ensure sustainable lunar explorationand settlement in and around the Moon, including, for example, mitigatingthe creation of debris in lunar orbit, defining standards to enableinteroperability, and regulating access to natural resources.In 2019, the Moon Village Association (MVA) created an internationalplatform to address these critical issues with the goal of de-risking futurelunar missions and increasing global cooperation for lunar exploration andsettlement. The MVA decided to promote the development of a neutral forumfor multi- stakeholder discussions on lunar exploration: the Global ExpertGroup on Sustainable Lunar Activities (GEGSLA), with the goal of de-risking future lunar missions and increasing global cooperation for lunarexploration and settlement.The primary goal of GEGSLA meetings is to stimulate informal discussionsto prepare documents to be brought to the attention of UNCOPUOS forfurther discussion and deliberation. The Group started its work with thekick-off meeting on February 25, 2021, creating the basis for increasingglobal coordination for a new era of sustainable space exploration.

Abstract The paper examines the open problems that experts of space law shall increasingly address over the next few years, according to four different sets of legal issues. Such differentiation sheds light on what is old and what is new with today’s troubles of space law, e.g., the privatization of space, vis-à-vis the challenges that AI raises in this field. Some AI challenges depend on its unique features, e.g., autonomy and opacity, and how they affect pillars of the law, whether on Earth or in space missions. The paper insists on a further class of legal issues that AI systems raise, however, only in outer space. We shall never overlook the constraints of a hazardous and hostile environment, such as on a mission between Mars and the Moon. The aim of this paper is to illustrate what is still mostly unexplored or in its infancy in this kind of research, namely, the fourfold ways in which the uniqueness of AI and that of outer space impact both ethical and legal standards. Such standards shall provide for thresholds of evaluation according to which courts and legislators evaluate the pros and cons of technology. Our claim is that a new generation of sui generis standards of space law, stricter or more flexible standards for AI systems in outer space, down to the “principle of equality” between human standards and robotic standards, will follow as a result of this twofold uniqueness of AI and of outer space.

Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...

Focuses on the concept of Space Traffic Management (STM), the matter which has been of high interest for many space actors in the last three decades. With the emergence of the NewSpace era, and flourishment of commercial and economic incentives for space activities, this topic has gained the attention of many space actors in the preceding decades, thus turning into a separate agenda item in the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. However, establishing and implementing such regulations is a challenging task, especially for new space actors. This article aims to assess the existing challenges of STM and provide solutions to overcome them. Firstly, this article provides the necessity of establishing such a regulation: it is evaluated and discussed while describing the requirements for achieving this goal. Secondly, the paper studies definitions provided by governmental and non-governmental entities regarding this concept and the measures taken towards its realising. Finally, the research discusses the challenges that space actors face regarding implementing this concept, both legal and practical. In conclusion, the authors highlight the importance of promoting endeavours and coordination among all current and potential space actors with due considerations for their relevancy.

The Japanese Act on Launching of Spacecraft, etc. and Control of Spacecraft (commonly cited as “Space Activity Law”) and related documents came into force on November 15, 2018. To implement UN treaty obligations related to outer space accurately and smoothly, to ensure public safety, and to contribute to enhancing the livelihood of people and the development of the economy, Japan established a system related to launch, launch vehicles, control of spacecraft and a compensation scheme for damage to third parties caused by the launch of a launch vehicle. In addition to the Japanese Space Activity Law, there are many other international “space activity laws”. In order to update and harmonize the Japanese Space Activity Law with international space law, the National Space Policy Secretariat (NSPS) conducted an investigation of international and national space laws, especially the United Kingdom, France and United States of America through both documentary research and in-person meetings. This paper provides an overview of the Japanese Space Activity Law.

National audience; The purpose of this paper is to address STM through an unconventional but pragmatic angle to help optimize efficient compliance governance. This paper proposes using antitrust mechanisms in space as a pragmatic and utilitarian tool for sustainable purposes with regards to STM within a soaring space ecosystem. In the context of accelerated space commercialization and privatization, having a new space antitrust framework at the helm of such transition might indeed prove to be a flexible yet decisive tool into shaping the future of STM and ensuringperennial protection of higher space principles which are enshrined in the Outer Space Treaty and form the essence of space law. On one hand, examples of antitrust key components include fair competition while, on the other hand, higher ethical principles of space law include non-discrimination and benefits sharing. Furthermore, in between these two extremes, security and commerce both rely, respectively on non-harmful interference and competitiveness.To navigate through all these factors, a new space antitrust framework might indeed prove strategic and beneficial to incentivizing the creation of an adaptive, polycentric and action-oriented governance mechanism with great resonance among the commercial new space players and reaffirm the importance of sustainable space traffic management before return on investment, while still making a profit in the long run.

There are fortunes in space, and the feasibility of mining asteroids raises a lot of questions as to the ownership of the proprietary rights in space. Are there original owners in space resources o...

[ES] Desde finales de los años cincuenta hasta día de hoy se ha desarrollado de manera progresiva y continuada la carrera espacial, hecho que ha sido determinante en la vida tal y como la conocemos actualmente. Gracias a ello se han realizado grandes avances en diferentes áreas como por ejemplo en el de las telecomunicaciones y del conocimiento científico. Las actividades espaciales, actualmente en auge, presentan un riesgo para la humanidad y para el medioambiente. Es por ello que deben existir responsabilidades a asumir por los Estados que lleven a cabo o inciten a la realización de este tipo de actividades desde su territorio o instalaciones. En el presente trabajo se ha realizado el análisis, teniendo en cuenta las diferentes situaciones, cuando se produce un daño causado por un objeto espacial. Para ello se ha analizado la herramienta principal que complementa a otros instrumentos del Derecho Internacional, este es el Convenio sobre la responsabilidad internacional por daños causados por objetos espaciales. Dicho Convenio tiene un propósito primordial que es la protección a terceros y el pronto pago de la indemnización acordada cuando existen daños causados por objetos espaciales. Por tanto, ha resultado fundamental explicar el proceso de reclamación seguido por los Estados afectados, así como la mención de las instituciones que ayudan a garantizar que este objetivo se cumpla. La contemplación de esta regulación llevó a los Estados a la búsqueda de medios para estar cubiertos cuando realizan una actividad espacial así que se ha realizado un estudio de los seguros disponibles y la cobertura que tienen según el periodo: previo, durante o post-lanzamiento. El objetivo ha sido examinar el pensamiento garantista que tiene esta regulación, ver su aplicación en diferentes ejemplos y hacer una propuesta final de mejora debido a contradicciones halladas., [EN] Since the end of the 50s until today, the space career has been developed in a progressive and continuous way, I think that it has been decisive in life as we know it today. Thanks to him, great advances have been made in different areas, such as in telecommunications and scientific knowledge. Space activities, currently at their peak, pose a risk to humanity and the environment. This is why there must be responsibilities to be assumed by the States that carry out or encourage the realization of this type of activities from their territory or installations. In the present work the analysis has been carried out, taking into account the different situations, when damage caused by a space object occurs. For it, the main tool that complements other instruments of International Law has been analyzed, this is the Convention on international responsibility for damage caused by space objects. I say the Convention has a primary purpose, which is the protection of third parties and prompt payment of the agreed compensation when there is damage caused by space objects. Therefore, there is a fundamental result in explaining the complaint process followed by the affected States, as well as the mention of the institutions that help to guarantee that this objective is fulfilled. The contemplation of this regulation led the States to the search for means to be covered when carrying out a spatial activity así that a study of the available insurances and the coverage that they have according to the period: prior, during the post-launch period, has been carried out. The objective has been to examine the guarantor thought that this regulation has, to see its application in different examples and to make a final proposal of improvement due to halled contradictions.

We are witnessing a new space race. A half century after the last Moon landing, and after a decade during which the United States could not launch its own astronauts to Earth orbit, there is new energy in the space activity. China has huge ambitions to rival or eclipse America as the major space power, and other countries are developing space programs. However, perhaps the greatest excitement attaches to the entrepreneurs who are trying to create a new business model for space travel based initially on tourism, and eventually, on colonizing the Moon and Mars and harvesting resources from asteroids. This paper presents a snapshot of the new space race and the rich men behind it, and it looks at some of the ethical and legal issues raised by this activity. The methodology is to consider the stated ambitions of the men leading private space companies, compare and contrast the space endeavor with earlier episodes of exploration and transportation innovation, review the regulatory environment for outer space, and consider two divergent scenarios for the future. Opinions are divided on whether commercial space flight is an expensive indulgence or potentially a way to find sustainability solutions for our life on Earth. It is concluded that the new space race can be characterized as unbounded: in ambition, in terms of laws and regulations, and in terms of ethical constraints on the activity.

Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding the commercial use of natural resources in outer space.In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill.This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

What are the implications of human activity in outer space for international human rights law? In this article, we reflect on these questions with a view to advancing dialogue on the intersection between space law and human rights. We do so by considering the impact of extra-terrestrial human activities such as access to space and remote-sensing activities, space debris, space mining, the weaponisation and militarization of space, and the assertion of criminal jurisdiction extra-terrestrially. Ultimately, we conclude that human activity in space has significant consequences for the advancement of human rights. While, in our view, existing legal frameworks on international human rights law apply extra-terrestrially, there is still scope for specialist frameworks guarding human rights law in the context of human activity in outer space. "To confine our attention to terrestrial matters would be to limit the human spirit." ~ Stephen Hawking, Astrophysicist "Space is for everybody. It's not just for a few people in science or math, or for a select group of astronauts. That's our new frontier out there, and it's everybody's business to know about space." ~ Christa McAuliffe, Teacher and Challenger Astronaut

A law proposal submitted to the Senate and House of Representatives of the Republic of the Philippines regarding the Spacecraft and Launch Vehicle Development and Registration Policy.

Norway’s main impetus for developing national military satellite-based capability was the 1977 introduction of the EEZ, through which Norway became responsible for vast maritime areas in the High North. These capabilities also underpinned Norway’s intelligence mission that entailed monitoring Russian military activity, especially the Kola Bay-based Russian strategic forces in the vicinity of Norway. Norway developed niche technologies for military use predominantly based on civilian satellites, and ESA became an essential instrument as it enabled Norway to develop indigenous satellite-based services for the Norwegian Armed Forces. Norway in turn used this capability to reinforce its military relations with the United States and key allies within the NATO framework. Following the pivotal military space strategic review in 2014/2015, the Norwegian Armed Forces developed a function-oriented management structure and incorporated space as a new military domain. National security implications of space were finally incorporated into Norwegian space policy, and Norway has since developed a wide range of national space capabilities, all of which support the nation’s defence and security objectives. This thesis examines how Norwegian military space activity fits into the nation’s overall defence and security policy and argues this activity and the associated national capability development has emerged as a strategic asset in Norwegian alliance policy. This activity reflects upon relations between national policymakers and practitioners, and has contributed to obscure the notion of civil-military separation in Norway. The activity also demonstrates the existence of two unofficial space doctrines in Norway. One focuses on intelligence and the other on force enhancement. The 2020 appointment of the Norwegian Intelligence Service as Norway’s military space authority demonstrates the value of space for intelligence activities supersedes other uses of the domain. Lastly, the study has identified a notable discrepancy between Norwegian military space activity and how space is addressed in national military doctrine.

For more than three decades, Luxembourg has been on the forefront of commercial and cooperative initiatives that have shaped a vibrant space economy. Since 2017, this role has been brought to legal fruition with three areas designed to make Luxembourg a favorable jurisdiction for registering space missions. The book is an expert article-to-article commentary on these laws, as well as the first no-online publication of the laws otherwise available only in French. 1st

Many nascent space powers have initiated strategic assessments and announced policy objectives to integrate space activities to serve their national interests. This thesis seeks to study: How should Singapore, a small state with limited capacities (e.g., geographical size, population, and resources), develop near-term policy objectives that best draw on its competitive advantages? This provides clarity to Singapore’s progress as an emerging spacefaring nation, in response to emerging global trends in space and in leveraging space in meeting its national interests. To draw meaningful comparisons and lessons, this thesis examines the key policies, strategies, and programs as well as the objectives and priorities driving the sectoral developments of two trailblazing small states (the United Arab Emirates and Luxembourg). This thesis presents policy recommendations for Singapore to best capitalize on its competitive strengths as it progresses as an emerging spacefaring nation. Recommendations include institutionalizing national authority and space act, increased participation in bilateral and multilateral space cooperation and diplomacy, dedicating budget to the application of space security, and nurturing space ecosystem and talent pipeline. Military Expert 5, Republic of Singapore Air Force Approved for public release. Distribution is unlimited.

Purpose The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities. Design/methodology/approach This paper opted for a functional research method combined with a comparative methodology. To make the argument, this paper relies on the contextual analysis of primary and secondary sources of law, instrument of soft law and the relevant background material (e.g. journal articles, textbooks, law reform and policy papers). Findings The central section will focus on the principles of international environmental law to outline their utility in the contemporary context. Finally, the conclusive part will point out the several ways in which the use of analogies can shape the outer space regime, especially concerning how those principles that are developed to safeguard the Earth, can also be extended for the protection of the space ecosystem. Originality/value Environmental hazards are rapidly increasing and the current international law and policy on planetary protection are inadequate to meet the challenges of the near future. There is no possibility of an environment-friendly and sustainable future if not strictly connecting it with a comprehensive and transparent acknowledgement of the human mistakes made on Earth. There are valuable lessons to be learned from our past, and it is under this perspective that the trend of polluting the outer space can be reverted. This paper fulfils an identified need to study the correlation between principles of international environmental law, space law and the current situation in the outer space.

Purpose Humanity has a weakness in how we approach the “challenge” of using outer space. This paper aims to show how the global and national frameworks that address our planetary activities and crises are inadequate for the opportunities and challenges of life in outer space. Design/methodology/approach The authors draw on multidisciplinary perspectives to refine an organising governance framework that better showcases the challenges and pathways needed for living and thriving in space-age. The authors prioritise two key pillars and overview the practical and social implications that space-age humanity must address. Findings Social sciences and humanities are vital to problematising post-war colonial legacies of governance by distinguishing the unique and overlooked challenges for thriving and working offworld and identifying progressive research agendas. Research limitations/implications The highlighted agenda has implications for collaborative research institutes and project design. As the vital basis for continuous learning, university-based research institutes span bodies of knowledge, experience, convention and imagination that can support vibrant and overdue debate on good governance that is out of this world. Practical implications This expansive approach has practical implications for the decision-making processes and subjects of spacescape, from reconciling the space commons with prospecting and human occupation to potential governance regimes that capitalise on the zeal for moving beyond merely “existing” off-world. Social implications Examining the governance deficit as we pursue developing spacescape frontiers is an enriching (not reductionist) agenda that deliberately troubles the existing and emerging regime for governing our scientific and imagined off-world society. Originality/value This framework appeals to humanity’s highest evolution in co-producing a fair and flourishing off-world governance framework (beyond replicating planetary regimes).

PurposeWith current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space.Design/methodology/approachDrawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts.FindingsReal estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice.Practical implicationsReal estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself.Originality/valueThe time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

This study analyzes the relevance of the proportionality, non-intervention, and unnecessary suffering principle's in the outer space perspective; and analyzes the 'peaceful purposes' at Outer Space Treaty 1967. This legal research uses primary and secondary legal materials to obtain an appropriate analysis of legal issues. This research states that the principles of international law must be applied in space activities by outer space actors. Furthermore, the ambiguity of the phrase 'peaceful purpose' in the Outer Space Treaty gives rise to different interpretations by each state. For this reason, a convention on outer space is needed to affirm the orientation of 'peace' in space activities.

PurposeIn the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion.Design/methodology/approachThrough an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem.FindingsThis paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned.Originality/valueThis paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.

Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.

In the past few years, the situation related to the exploration and use of space has changed dramatically. It has been proven that the extraction of space resources can be profitable; there is progress in the development of space technology; space has become an object of interest from private investors; there is a gap between the state of the space industry in the United States and in other countries. These changes resulted in a US-initiated reform aimed at legalizing the appropriation of extracted space resources, as well as, in the long term, at legalizing the appropriation of sites of celestial bodies and resources in situ by both individuals and states. Its instruments are proposals for the reinterpretation of key agreements, new US and Luxembourg law and the Artemis Accords signed on October 13, 2020 by eight states. The first part of the reform is almost complete: even now, we can talk about the emergence of an international custom that legalizes the appropriation of extracted resources. Some states and part of the doctrine, however, advocate the preservation of the regime of the common property and its strengthening through the creation of an international body authorized to issue permits for the extraction of resources and / or the lease of sites of celestial bodies. The reform of space law is important not only in itself, but also as a litmus of the development of general international law: it indicates that international law continues to develop; this process is carried out through the efforts of a narrow alliance of states outside the traditional convention mechanism. The diplomatic potential of Russia is very high: it could not only support a certain option for the development of space law, but also formulate its main parameters.

The article substantiates the urgent need to involve residents of states whose scientific, financial and economic potential is not used in the production and launch of civilian launch vehicles. The basics and primary international legal tools for attracting business structures of various states to the production and launch of civilian launch vehicles have been clarified. An essential criterion for their access to missile technologies has been formed, which is based on unconditional respect and compliance with the norms of international law. According to the criteria of the level of ability to produce launch vehicles into five main classes, the classification of states has been carried out. The concept of transition from bans to stimulating the production of launch vehicles has been formed. The reasons for the successful experience in this area of Romania, the negative experience of the Republic of South Africa and the unsuccessful experience of Brazil have been analyzed.

Over recent times there has been a rise in the number of objects placed into Earth orbit. With various countries licensing a number of large constellations, the orbital population is set to increase dramatically. A significant number of technical advances have facilitated this and, in the UK and elsewhere, this has been matched by the updating of legislation and an increased policy focus on the need for increased space surveillance and tracking. The rise of large constellations coupled with an increasing number of experimental techniques such as active debris removal or on-orbit servicing procedures means that establishing fault will be crucial if litigation is to be successful. In doing this, any legal proceedings will look at both norms of behaviour, deviation from which will point towards fault and the types and standard of evidence that will be required. This paper will outline these problems in detail. It will be proposed that what is required to map out the contours of liability are both codification of the norms for satellite operations and clarity on protocols for evidence gathering in cases where fault may be contested in orbital operations. This discussion will identify that a way in which this could be achieved is by the use of “space law games”. These are simulations, similar to military war games, in which fictional scenarios could highlight some of the key legal issues that might need to be dealt with. The paper will outline some of the ways in which the law games might work and pose questions as to what data and other considerations will be needed to make such simulations meaningful.

The “non-appropriation” principle in Outer Space Treaty is of great significance in protecting the interests of all countries and the commonly inherited property of mankind. As the U.S., Luxembourg et al. have claimed that countries or private entities can keep the right of ownership of outer space resources, the “non-appropriation” principle faces the realistic dilemma and legal challenges of unclear binding subject and low legal effect. Under the guidance of the thought “constructing a community of human destiny,” the international community shall identify the applicable scope of the “non-appropriation” principle and regulate the non-government organizations’ illegal possession and use of outer space resources; establish a special international institute of management for outer space resources by drawing lessons from the management mode of international seabed area; construct the development permission and notification mechanism for outer space resources to meet the needs of all countries in exploration of the outer space resources and achieve sustainable use of the outer space by mankind.

The beginnings of the space race in the middle of the 20th century are well known and documented. But not many people know of the very beginnings of the idea that the use of outer space should be regulated. Its roots do not go deep in the past, as humans could only venture far enough in the 20th century, and therefore, there was no need to establish any kind of rules prior to that period. One of the most common examples used to describe the birth of such an idea is in fact the quote attributed to Theodore von Karman, a rocket scientist at Caltech, who saw the need to establish some ground rules for human activities beyond Earth way back in 1942, more than a decade before the first satellite ever was launched: “Now, Andy, we will make the rockets – you must make the corporation and obtain the money. Later on you will have to see that we behave well in outer space... After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence.”1 This article will attempt to give insight into two crucial questions that may be identified: what changes and challenges does the space law bring to the domain of public international law as a whole (1) and, closely related to the previous question, how should, if at all, the cornerstone principles of space law itself, as they are according to the current OST, be reinvented (2).

With the end of the transitional period on 31 December 2020, the new year 2021 saw the United Kingdom rekindle its one-time splendid isolation from continental Europe, a very different perspective to the one it faced on its entry to the European Union (European Economic Community) almost five decades earlier on the 1 January 1973. Despite incessant media coverage and haranguing over the conditions of the final withdrawal arrangement, both parties came to a last hour agreement. The European Union and Member State governments are currently waiting to ratify the formal agreements, and the parties have agreed to apply the provisional arrangements in the interim. The following is a brief summary of the impact of the UK withdrawal on outer space activities and space programmes currently carried out by the EU. A previous article appeared in this Journal in 2016, outlining how Brexit would affect the various sectors involved in space business and operations.1 © 2021 Kluwer Law International BV, The Netherlands

1967년 우주조약이 체결된 이후 약 50여년이 지났다. 일론머스크의 스페이스엑스가 최초의 민간 우주선인 크루드래곤을 발사했다. 우주공간은 이제 국가들만의 공간이 아니라 다양한 우주활동 행위자들이 존재하는 복합적인 공간이다. 이러한 우주공간에 다자간 합의에 따라서 만들어진 질서가 없다면 문제는 더욱 복잡해질 것이다. 우주공간의 다양한 문제 중 아직 질서가 명확히 세워지지 않은 문제는 바로 우주잔해(Space Debris)다. 우주잔해 문제는 우주공간을 더 이상 이용하지 못하여 문명 후퇴를 경고한 캐슬러신드롬, 우주잔해의 연속충돌을 의미하는 캐스케이드 효과에 따라 지속가능한(long-term sustainability) 우주공간 사용 불가의 위협이 현실화 되고 있다. 우주잔해가 실제로 존재하고 피해도 명확한 상황이다. 그러나 아직 우주잔해에 대한 국제우주법 체계가 제대로 마련되어있지 않다. 우주잔해는 명백히 유해성이 있는 우주환경 문제와 우주안보문제이다. 본 고는 우주잔해 문제를 우주공간에 유해한 환경문제와 안보문제로 다루어보고자 한다. 이를 위해 먼저 기존의 국제우주법으로 우주잔해를 분석 및 검토한다. 새로운 행위자가 등장하고 우주물체가 기하급수적으로 늘어나는 이 상황에서 국제우주법이 완전히 적용되기에는 한계가 있다. 그러나 본고는 이러한 한계를 넘어서기 위해 우주잔해 문제를 기존국제우주법의 영역인 우주공간에 대한 환경적 문제와 안보적 문제로 바꾸어 분석해보고자 한다. 이를 위해 먼저 우주잔해를 정의하고 정의된 우주잔해를 기존의 국제우주법으로 다룰 수 있는지 검토해본다. 이후 검토된 내용을 바탕으로, 이미 명문화된 우주공간에서의 환경적 문제와 안보적 문제를 우주잔해 문제에 적용시켜 검토하여 기존의 국제우주법으로 우주잔해 문제를 다룰 수 있다는 것을 보여준다. 마지막으로 환경문제화되고 안보문제화된 우주잔해 문제를 해결을 위한 ‘초국가적 공공우주거버넌스(Global Public Space Governance)’의 법적근거로서 국제우주법을 제시한다.

The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.

African nations are early in their space development and are not currently prepared to compete with space powers in competition to exploit space resources. Activities in space to date have been reg...

The legacy of >50 years of human space faring has brought impressive technical and scientific achievements; however, it has also led to the growing population of space debris. These objects serve n...

The resolution adopted at the African Leadership Conference on Space Science and Technology in Ethiopia in 2019 stated, inter alia, that African youth should be central to the development of the Af...

The purpose of this research paper is to propose a legal framework for mining temporarilycaptured orbiters (TCO) as promising candidates for commercial mining and introduce the “Patria Economicus” notion as an adaptation to the Homo Economicus concept. Legally regulating these mini-moons equates the consideration that space mining laws, such as the Luxembourg Law and the U.S. Commercial Space Launch Competitiveness Act, should guarantee an indubitable commercialization. Primary motivations for extraterrestrial mining include extracting and processing valuable materials for commercial purposes. However, space legislators are facing problematic challenges of bringing space law into the commercial world. Specifically defining which celestial bodies would be most profitable to mine, and how exactly can we regulate that process regarding property rights without sovereignty are the main legal aspects of commercial mining. While space law does not directly subject the commercialization concept, thus aggravating existing space industries, a new dilemma arises: Exploitation or Commercialization? Consequently, the commercial regulation of mining TCO is introduced by comparing essential economic and commercial concepts for creating an appropriate legal regime. Commerce space law must define States’ or private mining companies’ economic intentions and put them in a legal perspective for regulating the commercialization of TCO minerals and other materials.

To enhance their strategic position, some spacefaring States are engaged in exploiting legal lacunae of international space treaties. Consequently, there is an increase of militarization of outer space. As an instance of such activities, an anti-satellite (asat) test by India represents a strategic move to enhance its deterrence capability rather than earnestly adhering to international space law. Such actions can potentially increase the element of uncertainty in international law, particularly the international space law. The pursuit of military strategic interests in space has increased the possibility of an arms race in space. This article argues that asat tests not only violate certain principles of international law but also undermine the efforts for arms control and disarmament in the outer space. In this regard, an effective role of the international community is required to curb the arms race imperative for a safe and sustainable outer space environment.

This article indicates that the existing international space law fails to regulate the dynamically developing space activity. The International policy-making in this sphere has established when the applied space activity virtually did not exist. Currently, the actively developing and very profitable space activity, for the most part involves the economic entities. The author notes that a range of means, such as contracts, recommendation documents, and national legislation are employed in the development of space law. The question raised whether the analogy can be applied for the development of international space law. This method of filling the gaps is widespread and largely used in private international law; however, its value for the public international law has not been determined. An essential issue is the ratio between the formalized sources of law and analogies; methodology for determining the existence of deficiencies of law; criteria for similarity and difference of the situations that imply the use of analogy. For solving the set tasks, the author uses the formal-logical, systemic, comparative, and other research methods. The author believes that it is possible to trace several factors that allow using analogies in the international law. The analogy should be substantiated for each individual case; it is necessary to draw comparison between regulated and unregulated cases; determine the identity of the elements that are relevant for application of analogy.

This article traces the shared history of space law and space art, putting a spotlight on the work of African artists who retell the history and future of space travel from the perspective of the African archive, producing a more inclusive history for humanity than that produced by the seemingly lofty ideals of national and international space laws.