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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]

Eliminating space debris in valuable Earth orbits is an urgent challenge for the sustainable development of outer space, and active removal is considered the most effective measure for debris elimination. In terms of legal jurisdiction, any country intending to remove space debris belonging to other countries undergoes a legality review encompassing obligations and liabilities. According to the fundamental principles of international space law, both threatened and capable countries possess the right to actively remove identifiable space debris of foreign nations, subject to strict legal obligations towards the registry country unless authorized by the United Nations, granted an agreement on jurisdiction transfer of debris, or justified by emergency necessity. Moreover, active removal may result in third-party space objects or personnel damage, imposing a substantial liability burden that could restrict space operation. Henceforth, it is imperative to establish a more rational legal regime for space liability allocation purposes. The international community can establish a mechanism for liability sharing and cross-waiver agreements among relevant countries while also considering potential fund establishment, involvement of non-governmental entities in cost-sharing efforts, and promoting commercial recycling initiatives as potentially motivating measures towards active removal. • Existing liability regimes in space law lack flexible mechanisms for sharing the liability of removing space debris. • Excessive international obligations and responsibilities imposed on removal countries discourage their active engagement in removal operations. • An international mechanism facilitating liability allocation negotiations before and after active removal is imperative. [ABSTRACT FROM AUTHOR]

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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]

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.

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.

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 UkraineEU 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.

The international space treaties of the twentieth century were developed on the strong foundations of common benefits and rights of humankind in the exploration and use of outer space. Twenty-first century space developments, especially commercial, are posing serious challenge in the practical implementation of treaty obligations. The Gateway is one such project that has taken shape in the recent past, which raises multiple questions under the provisions of the United Nations space treaties. This paper attempts to unearth some of the most significant issues that arise out of the interplay between the project Gateway and obligations of States under the international space treaties. The focal point of argument here is to protect the sanctity of the foundational principles of international space law to ensure orderly developments in the space sector. [ABSTRACT FROM AUTHOR]

We are witnessing a new space race. In the past few years, the number of successful launches to low Earth orbit has been higher than at any time since Sputnik. Commercial space companies, led by SpaceX and Blue Origin, have developed reusable rockets that are fundamentally changing the economics of spaceflight and opening new markets for recreation and tourism. Large numbers of small satellites are being deployed to monitor Earth resources and deliver high speed Internet to developing countries. Meanwhile, a growing number of countries have built space programs, and a superpower rivalry between China and America has replaced the traditional competition between Russia and America. All this activity raises legal and ethical issues. Space debris is accumulating at a rapid rate, creating a hazard for humans and hardware in low Earth orbit. Currently, there is no real incentive for companies or governments to mitigate this threat. The ownership of space resources is not covered by international law and in most countries, spaceflight is subject to very little regulation. Another concern is the potential militarization of space by the major powers. As we explore space, exploitation may be taking precedence over conservation. Hopefully, the economic benefits of space will be realized while the activity grows ethically and sustainably. [ABSTRACT FROM AUTHOR]

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]

In contrast to the rising technological applications of China's satellite systems, their applications and impacts in modern Chinese Society, particularly in the legal and administrative forums, have largely escaped under the radar. Specifically, the use of satellite outputs can now be found within a number of administrative and legal activities within China - including policy and rule-making, administrative investigations, and the production of court evidence. At the same time however, outdated legal practices, ambiguous status, and lack of guidance has prevented China's legal system from fully capitalizing on the advantages of satellite technologies. Therefore, to fill these legislative gaps, this review provides a comprehensive overview on the applications of satellite technologies within China's legal system, and provide important insights as to their current developments, legal framework, and legal issues. Additionally, having identified the aforementioned issues, this paper offers policy recommendations for the purposes of legislation. • Satellite applications in China's policy and rule-making processes. • Investigatory applications of satellite technologies within China's administrative organs. • Emerging evidentiary applications of satellite technologies in Chinese court systems. [ABSTRACT FROM AUTHOR]

Until recently space travel was considered a privilege of governmental astronauts, with the exception perhaps of a few billionaire space tourists, who had been accommodated on the International Space Station on some rare occasions. Nonetheless, with major space pioneers announcing plans for space tourism activities and after the successful launch in orbit of space tourism vehicles from the Virgin Galactic and Blue Origin companies, academic interest about human spaceflight for purposes of leisure and recreation has ignited. Taking into account that space tourism is in fact an unregulated activity, this paper will firstly examine whether space tourism activities fall under the scope of space law or under the scope of international air law, depending on the planned trajectory of the space tourism vehicle. Furthermore, the authors will attempt to draw conclusions concerning the legal implications of space tourism activities through a comparative analysis with the 1974 Athens Convention on the Carriage of Passengers and the Carriage of their Luggage by Sea. This international convention provides a great example on the regulation of touristic ventures, as it refers to commercial touristic activities realized within a res communis omnium , i. e., the high seas, similarly with touristic activities in space. Moreover, said Convention provides for a specialized regime for touristic activities and is of particular interest, since it has achieved stability and a desirable balance of interests between private tourism operators and passengers. In this connection, the authors will evaluate the provisions of the 1974 Athens Convention in comparison with the space treaties applicable to space tourism activities. Furthermore, suggestions will be made as to whether it would be appropriate and feasible to introduce in the space law realm certain rules of law similar to those of the 1974 Athens Convention, in order to facilitate growth in the space tourism sector, without compromising the safety of human spaceflight for space passengers. • The 1974 Athens Convention in comparison with the space treaties applicable to space tourism activities. • Legal analogy between space law and maritime law. • Legal regime governing space tourism activities. [ABSTRACT FROM AUTHOR]

Over the past decade, the number of member states in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has risen by 40%. The UNCOPUOS continues to be one of the largest committees in the United Nations, with recent additions representing many emerging space nations including the Dominican Republic, Rwanda, Angola, Guatemala, and Bangladesh, among many others. This paper addresses the role of emerging space nations in updating and refining current policies and norms of behavior related to the long-term sustainability of the space environment. The paper provides examples of the recent implementation of long-term space sustainability design and operational guidelines in the national space strategies of several emerging space nations, highlighting the importance nations give to the development of legal mechanisms to regulate the peaceful use of the space environment. Examples of both national and regional initiatives are presented including Thailand's 2021 Draft National Space Act, aimed at creating a national legal regime and establishing a governmental agency dedicated to developing space policies for the registration of objects launched into outer space and space debris mitigation measures, and the National Space Law Initiative (NSLI) study group consisting of Australia, Indonesia, India, Japan, Malaysia, the Philippines, the Republic of Korea, Thailand, and Vietnam to create a framework that aims to promote information sharing and mutual learning in relation to the participants' respective national regulatory frameworks for long-term space sustainability. More recently, new initiatives have been developed that celebrate the efforts of satellite mission operators with the aim to reduce the likelihood of space debris and collisions among space objects. The Space Sustainability Rating (SSR) was created by the World Economic Forum, the European Space Agency, the University of Texas at Austin, BryceTech, and the Massachusetts Institute of Technology, and is now hosted by the EPFL Space Centre. The SSR is a rating system to assess and recognize missions that are designed to be compatible with sustainable and responsible operations, reducing the potential harm to the orbital environment and the impact on other operators. The SSR comprises six modules aimed at assessing missions for their compatibility with sustainable and responsible operations. This paper specifically focuses on evaluating the Detection, Identification and Tracking (DIT) scores for satellite missions launched by emerging space nations. The DIT module of the SSR serves as a standardized measure for assessing space sustainability. The paper adopts an exploratory multi-case study approach. Through this focused study, the paper identifies barriers and unique challenges emerging space nations face, including experiences of operator organizations, launch options, financial constraints, technical options available, and other relevant factors. • Paper title: Role of Emerging Nations in Ensuring Long-term Space Sustainability. • UNCOPUOS membership rises 40%, highlighting emerging nations in space policy. • Emerging space nations prioritize guidelines for peaceful and sustainable space use. • SSR serves as an effective tool for evaluating space sustainability metrics. • Case study on THEOS, CBERS, and SumbandilaSat reveals barriers for new players. [ABSTRACT FROM AUTHOR]

Additive manufacturing (AM) is promising for supporting sustainable human presence on the Moon as it reduces costs and dependency on the Earth. It has been incorporated into several lunar programs. Nonetheless, AM on the Moon is legally challenging. First, the legal field most challenged by AM is intellectual property (IP) law, and the peculiar location of AM on the Moon complicates the issue. Deciding the State to exercise jurisdiction and extend its IP protection to the Moon encounters difficulties. Second, AM on the Moon is most valuable when it uses lunar regolith as a source of printing material, which may face similar legal problems to in situ resource utilization, including determining the legality of the activity, deciding the State to exercise the jurisdiction and control over it, the protection of the lunar environment, and so forth. Lunar in situ AM using lunar regolith (LISAMUR), meaning using lunar regolith as raw materials to manufacture objects on the Moon through AM technologies, renders these problems more imminent and substantial. The article delves into the two categories of legal issues ignited by AM on the Moon and reveals that three reasons lead to the legal dilemma: the ambiguous terminology of the space treaties, the abstract principles, and the lacunae in space law. It suggests that as international legislation is slow, temporary approaches of coordinating the understanding of critical notions and relevant principles in space law and updating the registration regime through international cooperation on multilateral platforms would be more viable for coping with the legal challenges of AM on the Moon. [ABSTRACT FROM AUTHOR]

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]

Advances in artificial intelligence (AI) and automated robotics will profoundly influence space operations. By utilising machine learning and deep learning approaches, AI-enabled systems may accomplish tasks as well as improve their own performance. These capabilities are useful in the often-remote settings of outer space and will grow in value as automated space operations become more widespread. As AI extends throughout the space domain, automated algorithms will take on many of the roles that have historically been handled by humans. Artificial intelligence is progressing from theory to implementation in the space environment by exposing new satellites and orbital autonomous vehicles to new data. Even though all initial computational parameters are provided, such systems' outputs can be very unpredictable, putting people, property, and the environment at risk. This paper investigates the application of United Nations space treaties, selected regional AI regulations, and various 'soft-law' instruments and industry initiatives focusing on responsible AI system development to space-based AI systems. Following that, reforms are proposed to clarify the practical relationship between AI systems and the international legal regime that governs space, as well as a 'bottom-up' regulatory approach to better facilitate the future development of regulation governing the use of AI by the global space sector. While this work does not purport to provide a conclusive resolution to these multifaceted matters, its objective is to underscore significant obstacles that arise at the convergence of space law and AI, serving as a preliminary foundation for subsequent discussions on this issue. • Advances in AI and automated robotics will have a profound impact on space operations. Automated algorithms will take on roles traditionally handled by humans as AI becomes more widespread in space. • However, the unpredictable outputs of AI systems can put people, property, and the environment at risk, raising questions about liability. • The paper investigates the application of UN space treaties, regional AI regulations, and industry initiatives to space-based AI systems. • Reforms are proposed to clarify the relationship between AI systems and the international legal regime governing space. • A 'bottom-up' regulatory approach is suggested to facilitate future regulation of AI in the global space sector. [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 article focuses on Mexico's trajectory in the global space industry over nearly four decades, emphasizing its evolution from primarily meeting commercial needs to potential national development goals. Topics include Mexico's early satellite initiatives like the Morelos system, its challenges in achieving technological independence, and efforts such as the formation of the Mexican Space Agency and participation in regional space initiatives like ALCE.

This article demonstrates the importance, roles, and responsibilities of the United States Space Force. It focuses on the need for its creation and its role as the fundamental lynchpin to American national security and prosperity now and in the future. The road ahead can only be successful while working with America's allies and ensuring that there are norms and rules of civilized behavior in, from, and to space. The authors propose 11 enduring principles for the Space Force that interconnect and enhance American grand strategy while dealing with potential adversaries and the need to bond this mission to the American public. [ABSTRACT FROM AUTHOR]

Intellectual Property Rights (IPRs) encourage creators by providing legal protection to their creations and by giving scope to make monetary profit. Even though most of the human endeavours and creative fields have recently fallen under the purview of intellectual property rights, space exploration, a significant area of human exploration, remains in direct conflict with IPR regulations. The lack of a legal IP regime for developed space technologies hardly encourages investors to invest the required large sums in such endeavors. It is acknowledged that the Space Treaty of 1967 places limitations on the creation of territorial intellectual property laws for space exploration; nonetheless, agreements like the Convention on the High Seas-1958 and the Registration Convention-1975 provide some avenues for achieving this. The paper examines the current state of space intellectual property regulations and puts forward some propositions on how this issue can be resolved. The paper also engages a study on India's response for adopting a Space IP Bill and highlights how this bill ignores about the IP rights of space agencies and other private investors while adhering to the Space Treaty's regulations and prioritizing national security concerns. [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]

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.

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 spacefaring 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.

This article provides a comprehensive analysis of Ukraine’s satellite navigation development, focusing on the evolution of its legal frameworks in the context of ongoing regional conflict. It examines historical and current aspects of Global Navigation Satellite System (GNSS) development in Ukraine, highlighting the intersection of technological innovation, international cooperation, and Ukraine’s role in global space initiatives. Special attention is paid to the 2023 bill “On State Regulation in the Sphere of Satellite Navigation,” emphasizing its critical role in national security and defense. The article underlines the need for robust legal and regulatory structures, professional expertise, and public-private collaboration to adapt to rapid industry changes and integrate effectively into the global space market.

The article focuses on the presence of real risks to sustainable development, which manifest in the everyday reality of today. Attention is drawn to this issue in the context of the privileged position of certain states over others, enabling them to advance the concept of “war and peace” in their favor. Evidence is presented to confirm the lack of security guarantees even when adhering to international norms and having official agreements. The problems of state monopolies and individual private entities violating the principle of equality are outlined. The consequences of this phenomenon are demonstrated in the context of regulating outer space. Other challenges for ensuring collective security are characterized through the lens of the absence of sovereignty of any country within the confines of outer space. Various conflict resolution options for violations of rules or the order of space activities are identified, emphasizing the need to develop new rules for space flights and stay on space objects, followed by the implementation of different standards of behavior in space. The overall coherence of the material is achieved through the cumulative use of fundamental research methods such as analysis, argumentation, and presentation of evidence.

This research addresses the critical importance of long-term sustainability and coordinated management of space traffic in the era of rapidly increasing space activities. It focuses on the necessity for globally coordinated action and robust legal frameworks to ensure operational, feasible, and enforceable space sustainability and traffic management strategies. The discussion highlights the environmental, ethical, and economic challenges posed by space debris and the proliferation of space activities. It also examines key initiatives and guidelines for space sustainability and traffic management, including the roles of space situational awareness (SSA) and the integration of SSA capabilities with effective space traffic management (STM). The presentation emphasizes the urgency of promoting environmentally responsible behaviors and sustainable practices in space activities, advocating for a future-focused approach that balances current needs with the preservation of outer space for future generations.

Based on the growing use of Artificial Intelligence (AI) ‒capable of gathering an unlimited (in amount and content) number of data, improving its functioning and simplifying tasks‒, humanity appears to be in the midst of a fourth technological revolution. When such activity is conducted in outer space i.e., by fifth generation observation satellites (Fu W. et al. 2020) using AI, capabilities are strongly optimized; however, the activity also seems to pose serious threats to privacy and to industrial or national secrets. As a response to this challenge, AI data gathering on Earth is subject to specific frameworks protecting privacy, both at the upstream and downstream ends, such as in the case of the EU. Unfortunately, the rules established therein do not seem to be wholly applicable to AI data gathering in/from space, mainly due to the fundamental freedom to conduct space activity. As a choice must be made between competing interests, this article aims at discussing some of the elements that should be considered, when debating on a legal framework potentially applying to space AI data gathering; to avoid conduct of said activity only to the benefit of a few stakeholders against the background of an emerging regime of techno-feudalism.

Under the UN-Charter system, the maintenance of international peace and security is traditionally the primary responsibility of the UN Security Council as set forth in Chapter VII. Since the Security Council's competence for dealing with matters of international peace and security is not exclusive, other international bodies may take a role in addressing threats emanating from outer space. A regional security organization for planetary defence can be established under Article 52 UN-Charter and may provide for an alternative forum to decide upon the necessary steps for Near Earth Object (NEO)-deflection missions. The international legal personality of an international organization for planetary defence leads to the capacity of entering into treaties, the international responsibility for acts and omissions attributed to it and the enjoyment of privileges and immunities. Such organization can also declare acceptance of the UN Space Treaties. • The decision-making process of a regional security organization for planetary defence creates synergies with the functions of the Security Council. • Outer space can be understood as "region" in the sense of Art. 52 UN-Charter. • NEO-threats are matters relating to the maintenance of international peace and security. • A regional security organization for planteray defence may incur international legal personality. • Such organization can be subject to international space law. [ABSTRACT FROM AUTHOR]

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]

The Moon is a highly valued destination for human space exploration because it is close and it contains a wide array of lunar and Solar System science targets, which include resources that could be used to sustain humans on the lunar surface. These resources have the potential to enable sustainable human space exploration, develop a vibrant cislunar economy, and directly benefit society here on Earth. However, recent rhetoric about the importance and value of these resources has used the term as if we know they are reserves. An immediate and vital next step has not yet been realized to define the reserve potential of such resources, and that is designing and implementing a coordinated international lunar resource evaluation (prospecting) campaign. This paper outlines the issues that need to be addressed by such a campaign, including why it needs to be international in nature and how the coordination can be started and evolved, as well as exploring the benefits that would come from prospecting on the Moon. • A distinction between lunar resources and lunar reserves is defined. • Roadblocks in the in-situ resource value chain are highlighted. • Reserve potential of lunar resources requires a coordinated prospecting campaign. • The prospecting campaign must be international due to the scale of the task. • Coordination can start at the grassroots level with current and scheduled missions. [ABSTRACT FROM AUTHOR]

The Planetary Defense Conference 2023 addressed an asteroid threat scenario as difficult to confront. This article examines potential actions of relevant stakeholders, including States, the International Asteroid Warning Network, the Space Mission Planning Advisory Group, Committee on the Peaceful Uses of Outer Space, and the United Nations Security Council. To that effect, different sources are taken into consideration in this analyisis, such as the legal international framework, the practice of States in multilateral fora and the opinion of scholars. The conclusions shed light on the challenges that the international community will have to face and proposes a preventive approach to mitigate the impact of such a potential catastrophe. • The impact of a huge asteroid would have catastrophic consequences on Earth. • Deflection would be difficult or impossible with a 12.5-year lead time. • Several issues would play out within the international scientific community. • Legal, social and economic aspects that governments will address are presented. [ABSTRACT FROM AUTHOR]

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]

• The Common Heritage of Humankind principle is the jurisprudential basis of priority rights. • Two aspects of priority right: priority right to mine/recover, priority right to the abstracted resources. • Considering share conversion, transition of priority right. • The implementation of rights should be considered on a case-by-case basis. • Considering investment and contribution of each actor and the principle of balanced interests as main factors. The commercial exploitation of space natural resources is becoming feasible, however, there's no specific and practicable international regime of space resources activities in lex lata yet. One of the to-be-settled key issues is how to confirm the right over the prospected or abstracted resources to the relevant space actors. The "Building Blocks for the Development of An International Framework on Space Resource Activities" drafted by the Hague International Space Resources Governance Working Group in 2019 provides the concept of priority right to space resources, which leads to a hot international debate. The common heritage of humankind principle in lex ferenda should be served as the jurisprudential basis of priority rights to space resources. The space law in future should not adopt the concept of priority right to seek for or prospect space resources. Priority right should include two aspects: priority right to mine/recover and priority right to the abstracted resources. In the process of designing this priority right, the specific mechanisms like share conversion, transition of priority right should be considered. There could be more than one state or space actor who have priority right to various extent and in different stages in context of the exploitation of the same resources, and the allocation of priority rights and the approaches to implement these rights should be considered on a case-by-case basis, according to the extent of the investment and contribution of each actor and the principle of balanced interests from the international perspective. [ABSTRACT FROM AUTHOR]

Commercial spaceflight development necessitates striking a delicate balance between the public nature of outer space and the plivate nature of commercial human spaceflight. Consequently, it is imperative to establish an international liability Tegime tO e#ectively manage the costs and lisks associated with commercial human spaceflight. While general rules are provided by international space law, some nations engaged in space activities have implemented national laws to regulate liability for damages. However, establishing an international liability regime encounters various challenges, including the absence of uniform liability insurance, inconsistencies in constituent elements of liability and uncerminties surrounding the assumption and allocation of liability. To address these challenges comprehensively, the international community can introduce compulsory liability insurance, enforce strict liability for damages incumed during commercial human spaceflight operations, identify liable parties through active participation and establish a dual-liability system that fosters consensus while ensuring equitable treatment for all stakeholders involved. [ABSTRACT FROM AUTHOR]

The international community is beginning to focus on the issue of space debris. Space debris has increased in the low Earth orbit due to accidental collisions between various space objects such as operational satellites. In China, the destruction of the FengYun - 1C weather satellite by an anti-satellite device caused an exponential increase in space debris. During the Ukraine war in 2022, Russia destroyed a defunct satellite which created space debris. This act put astronauts on the International Space Station at risk. Collisions have also happened between American satellites that are widely used for research or to provide communication facilities. Two unmanned European Space Agency (E.S.A.) satellites -- the European Remote Sensing satellite (E.R.S.) and the Environmental Satellite (Envisat) -- are currently in orbit reviving the debate over whether or not to engage in active debris removal. Despite gaining the interest of the international space community, efforts to reduce space debris have received scant legal recognition. Recent years have seen a dramatic decrease in launch costs, making space travel more affordable and feasible for the general public. As a result, smaller satellites can now be placed in low Earth orbit. Mega-constellations like SpaceX, OneWeb, Starlink, and Amazon Kuiper have also been launched or will be launched into space. It is predicted that about five per cent of all satellites will fail to be disposed of at the end of their lives, either because of technical difficulties or a lack of proper planning for the disposal phase. As a result, there is a greater possibility of collision with other celestial bodies. The problem of orbital pollution is made much worse by the fact that each collision can produce a large number of new pieces of debris. The inoperable satellites can only be retrieved from orbit with the active participation of the international community. The space sector is in the midst of a period of profound change. As a result of recent developments in microelectronics, materials, and battery technology, multiple constellations are now able to function in low Earth orbit, at altitudes of less than 1,000 kilometres. When it comes to domestic space regulation, the International Law Association (I.L.A.) Model marked a significant shift. As a result, many nations with space programmes have adopted national space laws that include provisions for dealing with space debris. Guidelines included in soft-law instruments have provided impetus in the absence of a mandatory international regime on space debris. [ABSTRACT FROM AUTHOR]