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Could the Working Paper Lead to a Unified Legal Regime? To Resolve Legal Challenges with Respect to Aerospace Objects: By analyzing the UNCOPUOS "Questionnaire on possible legal issues with regard to aerospace objects", this paper addresses different member States' responses and ultimately it argues that the questionnaire is one of the ways to harmonize States' views and establish a unified legal regime for aerospace objects. Specifically, this paper evaluates Questions 1, 7, and 8, which refer to the definition of aerospace objects, and considers precedents, international customary law, and national and/ or international legal norms with respect to the passage of aerospace objects during take-off and/ or reentry into the Earth's atmosphere. The analysis shows that even though there is no consensus among member States about the applicable law to aerospace objects at present, they are still aware of the issues, and that the questionnaire in the working papers can be a basis for formulating international customary law or can help create future legal regimes for aerospace objects. [ABSTRACT FROM AUTHOR]

Previous work has been undertaken (Green, Neumann, Grey 2018) to consider the development of the Newspace Sector and its impact on space activities in Low Earth Orbit (LEO). This previous work noted that although propertisation of space and celestial bodies is prohibited pursuant to the Outer Space Treaty 1967 (UN), orbits within space still remain rivalrous and commercially lucrative. For example, by operating in a LEO environment, a constellation of satellites would prevent other competitors from also operating and providing services within that same orbital plane or orbital shell. A regulatory scheme may be advantageous in mitigating anti-competitive conduct between private enterprises by allowing new entrants to market to gain access to commercially lucrative orbital planes, while ensuring access for government continues for national security and emergency response activities. This paper will consider these issues and explore what a regulatory or licensing scheme would look like for private enterprises operating in LEO and how UNOOSA and the ITU may act as arbiters. This paper will also offer solutions to facilitate a regulatory; or, licensing scheme that prevents anti-competitive conduct. [ABSTRACT FROM AUTHOR]

Rights and Obligations in International Consultation for Establishing Safety Zones in Outer Space: There is no doubt that the concept of safety zones in outer space embraces the safety of activities in space but discourages any notion of space hegemony. This idea has already found application in providing clear space or separation for safety in aviation, safe distance at launch pads, and safety bubbles for conjunction assessment around spacecraft. Another analogy is the no-fly zone or Air Defense Identification Zone (ADIZ), sometimes established unilaterally. The differences among the analogies lie in their operational nature. An object-centric safety zone, such as separation or a bubble, can be seen as an extension of the current operation of spacecraft where established practices exist. The other is an area-centric zone, no-fly zone, or ADIZ, a novel concept applied in outer space; it requires deep scrutiny. This paper discusses the legality of the two types of safety zones under the UN Space Treaties, inter aria, regarding the rights and obligations specified in Article IX of the Outer Space Treaty (OST). Establishing a safety zone can be interpreted as a declaration of hazardous activities by the establishing State. In theory, the state establishing the safety zone acts as the area controller of the ADIZ and deny entry to the zone. This may be unacceptable under OST Article 2. Even in an area-centric safety zone, the innocent passage of another state's vehicle through a zone should be granted. In other words, a safety zone needs to be an area without a general coercive authority. Consequently, Article IX is the only requirement imposed on a State to establish a safety zone. This Article imposes the obligation of consultation of the state conducting space activities potentially harmfully interfering with another state's activities. The Article also acknowledges the right of the affected state to request a consultation with the conducting state. Through a conceptual analysis of the legality of acts of those players, this paper describes the burden of risks of the state establishing the safety zone and the state passing through them. The final goal of this paper is to identify legally desirable conditions for establishing and operating safety zones in outer space. [ABSTRACT FROM AUTHOR]

The Apple of Discord or The Fruit of Salvation? A Dialogue on the Practical and Legal Aspects of Safety Zones on the Lunar South Pole: Call it like you want but humanity will soon witness an incredible flurry of activities on the Moon. From governmental plans like the ARTEMIS Program or the International Lunar Research Station (ILRS) to several commercial missions laying the foundations for the development of a lunar economy, more and more actors are targeting our celestial neighbour for future human and robotic exploration. Buzz Aldrin once defined the Moon as a "magnificent desolation". While this was certainly the case until now, we can be relatively sure that the next individuals to walk on the lunar surface will witness a rather different scenario. Differently from the past, these new missions will not be finished with planting a flag as they seek to establish an unprecedented network of lunar assets and infrastructures. Due to the physics of the lunar environment, the level of interdependence among actors operating on its surface will grow exponentially with the progressive increase of their number. Most likely, none of them will have the luxury of operating in the "magnificent desolation" witnessed by the Apollo 11 astronauts. In fact, it is becoming more and more apparent that lunar actors will face an unprecedented risk of potentially harmful interference. Even nominal operations such as landing and taking off hold a disruptive potential that might seriously damage or disable assets located in a wide range within the lunar surface. In recognition of this issue, the international community has recently started to debate the concrete usefulness and potential legality of area-based measures to prevent and manage the risk of potentially harmful interference among lunar operations, commonly referred to as "safety zones". This paper discusses the practical and legal aspects of safety zones through a dynamic dialogue between an aerospace engineer and a space lawyer. Moving from the current situation for lunar activities, the paper discusses the risks of potentially harmful interference that might be faced by a lunar habitat operator, and consequently assesses the concrete usefulness of safety zones in neutralising them. Building upon these operational considerations, the paper considers fundamental legal aspects of safety zones including their boundary conditions, procedural aspects and substantive legal effects. Merging practical and legal considerations, the paper draws some preliminary conclusions on the potential of safety zones as a policy tool to meet the safety needs of lunar operators in accordance with international law. [ABSTRACT FROM AUTHOR]

Registration Aspects of Mega-Constellations' Satellites Under International Law: Operation of mega-constellations has become very popular in the private space industry recently. Big space companies like SpaceX or OneWeb have already started launching their satellites of mega-constellations for providing high-speed internet all over the world. For instance, satellite internet constellation 'Starlink' includes over 1,700 satellites; OneWeb has more than 400 satellites. Such space faring nations as China (Tianxian) and Russia (Sphere) also have plans of deployment megaconstellations. Mega-constellations have many advantages: comprehensive or local coverage of the Earth's territory, multiple satellites simultaneously launch and the high technical performance of the whole constellation. This new applied space activity is very beneficial economically but from the legal point of view there could be some questions, one of them deals with registration process. Some of the registration aspects will be discussed in this paper from the point of international space law and telecommunication law view. [ABSTRACT FROM AUTHOR]

The Multi-Level System of Space Mining: Regulatory Aspects and Enforcement Options Few contests that space resource activities hold the potential to revolutionize the space sector. Whether this revolution will be for good or for worse also depends on how these activities will be regulated. Under the right framework, space resource activities can certainly deliver on their promise of a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they can destabilize the space community to an unprecedented scale that might seriously compromise the peaceful and cooperative uses of outer space. This paper provides a highlight of the key findings developed by the author after four years of specialized research on the governance of space mining. First, the paper presents fundamental boundary conditions and open questions posed by the applicability of the OST to space mining. Second, the paper discusses the enforceability of existing national and international norms related to space mining. Finally, the paper proposes two correctives that can help stabilize the system and ensure the safe, sustainable, rational and peaceful conduct of space mining. [ABSTRACT FROM AUTHOR]

How Do We Legislate For Space Sustainability Without International Cooperation?: After around 60 years of space exploration sustainability has come to the forefront of international efforts. The United Nations Sustainable Development Goals outline the global aims to reduce, reuse and recycle in order to mitigate some of the effects of human activity on the environment both on Earth and beyond. Since the very beginning of the space era planetary protection mechanisms have been put in place to ensure that earthly bacteria and biological material don't reach the virgin landscapes of other celestial bodies. More recently, private companies have launched a range of projects tackling the rising issue of space debris and governments adopted new space strategies and plans to decrease the human impact on pollution in Earth's orbit. Whilst space sustainability is an undeniable priority for humanity due to the strategic importance of space infrastructure, how does one ensure the implementation of much needed measures if international cooperation is staggering? For the past 30 years the space industry has benefited from ongoing cooperation on all levels leading to a exponential increase in New Space ventures relying on multigovernmental infrastructure or legal framework to flourish. Whilst sovereign states are free to enact their own legislation tackling sustainability issues, arguably none of them would be truly meaningful if the mechanisms don't have the support of the global community. This paper aims to answer the question of legislation in the case of discontinued international cooperation through historical parallels with the legislative process during the Cold War era, taking into account the recent developments of space sustainability and analysis of the current situation in the industry through the eyes of the law maker. Drawing experience from other industries and taking into account the fact that humanity has already accumulated a high number of debris orbiting the planet, the paper will recommend potential measures and regimes to alleviate the burden on technology makers and address the ongoing problems with space sustainability. Finally, the paper will reflect on the practicality of any legislation enacted internationally in the context of the current political situation. [ABSTRACT FROM AUTHOR]

Making NewSpace for Sustainability: The NewSpace revolution in general, and the vast use of small satellites in particular, is truly outstanding. The author alone supported the launch of over 600 small satellites during her career. It seems that with the democratization of outer space, and increase in its accessibility, this revolution is now complete, but are the current exciting events sustainable? Matters such as space debris, space traffic management and the contamination of outer space are not dealt with in the UN space treaties, and the newer UN Guidelines for the Long-term Sustainability of Outer Space Activities, lack a legally binding nature. In addition, pollution on Earth relating to launch activities seems like a non-issue in an era which prompts urgent regulatory action against climate change. Recent protests by astronomical scientists who warn against a process which would forever change our skies, are not heard loudly in the industry's meeting rooms. In this paper, the author will suggest regulatory solutions to deal with the challenge of creating a thriving NewSpace industry on one hand, and ensuring the sustainability of outer space, and Earth, for future generations, on the other hand. The author will base the paper on her experience working in the NewSpace industry, and her postdoctoral research, focusing on the topic. [ABSTRACT FROM AUTHOR]

Sky full of Stars or Satellites: The Impact of Mega-Constellations on Ground-Based Astronomy Satellite mega-constellations are becoming very popular. Nevertheless, their deployment entails the potential to negatively impact the pristine view of the night sky and - by extension - to hamper ground-based astronomical observations. This paper evaluates the applicability of existing legal instruments towards achieving greater protection of space sciences vis-a-vis commercial space activities. Firstly, it examines whether the term "space activities" can be interpreted so as to include ground-based astronomy, in an effort to understand how different needs and the freedoms of exploration and use of Outer Space (OS) can be best balanced. Furthermore, the paper reviews the application of environmental law principles and discusses the obligation of States to conduct EIAs in order to minimize light pollution and protect the Dark and Quiet Skies under the "due regard" principle of Article IX OST. Finally, this paper discusses pragmatic proposals towards the preservation of the space environment and the sustainability of space activities. [ABSTRACT FROM AUTHOR]

Balancing the Development and Governance of Space Capabilities: An Analysis of Australia's Space Object Regulation for the Awareness of Established and Young Space States The Australian government's reaction to the increasing demand for NewSpace launch services allows insight into how a government may effectively regulate that industry. By addressesing some advantages and the challenges under the Australian model of regulating NewSpace launch, this paper suggests governments seeking to control those activities are most effective when they demonstrate an appreciation of regulation's effect on progress generally and an awareness of the various domains and nuances associated with launch activities before forming a policy position. The analysis to this point also suggests that a slow start in proactively regulating NewSpace launch is, alone, no inhibitor to a government revising its approach and improving its regulatory frameworks. [ABSTRACT FROM AUTHOR]

Towards a Taxonomy of Safety Zones: This contribution proposes a taxonomy of restrictive properties of safety zones in outer space. Based on similar phenomena mainly in the regulation of airspace and the high sea, and with consideration of existing discourse with respect to safety zones in outer space, six main aspects of safety zones that determine its constraining effect on other space actors are identified. Consequently, this paper proposes a dynamic minimality principle when considering how to scope and size a safety zone along the axes of restrictions outlined in the taxonomy. [ABSTRACT FROM AUTHOR]

Getting Right-of-Way Right in Low Earth Orbit – An (Astro)Nautical Conundrum: The massive increase in number of satellites launched is transforming Low Earth Orbit (LEO) into a much busier domain. Congestion, conjunctions and risk of collisions will be issues that the international space community will have to solve to ensure sustainable use and access to LEO in the future. Already, tensions over conjunctions and collisions risk, between both commercial actors and between nation states, underscores the urgency of agreeing basic Rules-of-the-Road norms, most notably for Right-of-Way to avoid catastrophic collisions and escalations. The current body of international law does not provide any clarity for operators when determining who has priority and who should maneuver in conjunction scenarios. In contrast, Law of the Sea offers clear and globally accepted norms for priority and Rightof- Way. This paper analyses the transferability of the basic parameters and principles used for assigning right-of-way in nautical navigation from a regulatory perspective. [ABSTRACT FROM AUTHOR]

Using Social Media to Promote Space Law Education and Dispute Settlement: Developing Stellar Decisis, the Animated Space Law Moot Court Educational Series In this paper, Christopher Hearsey, Nathan Johnson, and Nivedita Raju explore the future of dispute settlement arising from space activities and space law education through storytelling using a multi-episode educational series called Stellar Decisis. Launched on July 20, 2021, on SCF's YouTube channel, Stellar Decisis is an animated space law moot court educational series produced by the Space Court Foundation (SCF). Our paper discusses the production and lessons learned from the development of Stellar Decisis and explores space and international law themes through the lens of future dispute settlement using a fictitious court that operates in space. Finally, we outline and announce the administration of a survey for space professionals, scholars, and practitioners relating to participants' expectations of dispute settlement mechanisms needed to address issues arising from current and future space activities and its importance for space law education and training. [ABSTRACT FROM AUTHOR]

Arbitration and Alternative Dispute Resolution: Matching Dynamics and Flexibility for the New Space Age One of the main tasks of international law is to establish the foundations for peace and stability. As Art. 2, par. 3 of the Charter of the United Nations states: "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered". Keeping this objective in mind, one must consider the close correlation between the exponential growth of actors aiming to operate in the space market and the potential increase of possible disputes between them. Furthermore, emphasis must be placed on a consideration which is as important as it is obvious, namely that a peaceful environment is conducive to the well-being of the market and business. In this respect, the use of legislative instruments to define the parameters for a rapid and effective resolution of disputes arising from space activities, can contribute to the development of an environment which is able to coordinate the entry and permanence of all actors in the sector. Starting from this indefectible presupposition, this paper examines the peculiar position of the new private actors operating in the space market, which require rethinking of traditional dispute resolution dynamics, highlighting their specific needs, including agile paths in the attribution of competence with respect to the peculiarities of a dispute, a faster resolution of disputes and clarification and development of the applicable legal standards in the sector. This study continues with an analysis of the three means of dispute settlement that appear closer to these needs, shedding light to their pros and cons: arbitration, mediation and conciliation. On the basis of this analysis, particular attention is placed on the benefits of arbitration, also through a comparison of its use in other emerging industries that seem to have similarities with the space sector demands. This will lead to an inevitable reflection on the PCA Optional Rules for Arbitration of Disputes relating to Space Activities, ten years after their adoption. Starting from its key Provisions, this paper intends to point out the aspects that have caused a poor application of these rules, operating on which its effectiveness can be implemented. Our study concludes with a reflection on the adequacy of arbitration as a means of resolution of space-related disputes, with reference to the desirability of setting up ad hoc courts in this area. [ABSTRACT FROM AUTHOR]

International Legal Considerations When Transitioning Telemetry, Tracking, and Command (TT&C) Controls to Receive In-Space Servicing: International space law is governed by four primary treaties, beginning with the Outer Space Treaty of 1967. Elegant and enduring documents, they nonetheless face criticism – they largely do not anticipate commercial space missions. With the rise of new space, it is important to consider the interplay of private law and international space law, analyzing where private interactions may alter or antagonize the principles and regimes established by the international space law treaties. Academics have analyzed how international transfers of spacecraft ownership on orbit may challenge the intersection of private law and international space law. However, with the rise of in-space servicing between private companies, a more nuanced question must be asked – how will international transfers of control in space challenge the international legal regime? This paper will examine international legal considerations of in-space servicing under the Outer Space Treaty, Registration Convention, and instruments of the International Telecommunication Union. [ABSTRACT FROM AUTHOR]

Legal Issues of Spacecraft Maneuvering with Artificial Intelligence – Comparative Study with the Japanese Regulations for Autonomous Driving Vehicles on the Ground: What are the legal issues to realize safe operation of spacecraft with Autonomous Intelligent Systems in space? Technological innovations on autonomous systems for space operations are developing rapidly, but the legal infrastructure to solve such AI operated spacecraft incidents and/or accidents has not yet been evolved. When considering new means of resolving legal disputes in space, a comparative study with the legal regulations for automated driving of automobiles on the ground would be helpful. This research reviews the current status of legislation regarding the auto-driven cars being undertaken in Japan and other countries and examine whether it can be invoked in space. A new safety standards and evaluation methods that correspond to the operation of the autonomous driving vehicle will need to be set. This paper introduces the discussions and explore the design of the legal system that could be applied to incidents/accidents of automatically operated spacecrafts. [ABSTRACT FROM AUTHOR]

Parameters, Concepts and the Terminology of Outer Space Law: A Review of the Essential Facilities Served by Outer Space Activities and the Rules of Interpretation for Treaty Law and Soft Law Guidelines The 'resilience' of outer space activities is a concept frequently referred to in the context of maintaining the capabilities of space systems, whether from a protective or security perspective. The notion can apply to the requirements for ensuring the protection of space assets, as well as to maintaining their inherent robustness. All activities in outer space are subject to the imponderables of its highly fragile environment and accompanying risks. Equally, all activities in outer space serve some aspect of our common societal needs; these include a continued interest in undertaking scientific research in outer space, whilst ensuring some capabilities that have meanwhile gained a status as essential civilian services. The concept and notions of resilience now span activities and measures that range from ensuring the safety of outer space assets and their integrity. They also include securing accessibility to space. The terminology is often generic. Resilience is also a technical attribute and core description of elements required to ensure the availbility of those operations that are meanwhile an essential part of today's daily services to civil society. The concept of resilience nevertheless deserves to be analysed and the contexts in which it is used further highlighted. This paper, in the form of a virtual poster presentation, reviews the various terminology, concepts and general principles applicable in the context of rules applying to the resilience of space operations in its current setting. The review includes measures adopted to secure the operational and informational benefits provided by outer space operations, as well as those that secure non-interference or interruption. [ABSTRACT FROM AUTHOR]

The New Brazilian National Program of Space Activities – PNAE (2022-2031): What to expect Pursuant to art. 1, III, of Law No. 8,854/1994, and Decree No. 1,332/1994, it is incumbent upon the Brazilian Space Agency (AEB) to prepare, update, execute and enforce the Brazilian National Program of Space Activities (PNAE) and the respective physical and budgetary proposals. The Agency has recently approved the PNAE 2022- 2031, through the AEB Ordinance No. 756/2021. This working paper introduces the next decade's PNAE and analyses its elements from a space law and policy perspective. It examines the evolution of the Brazilian national program and assesses how PNAE 2022-2031 is expected to orient national space activities, enabling and incentivizing investments in the space sector and in specific sets of activities in accordance with the State's obligations under international space law and focusing on meeting the needs of the national society. The research methodology is bibliographical and documental, through qualitative analysis, and the historical and analytical methods are applied herein. [ABSTRACT FROM AUTHOR]

Combining Air and Space or How to Start Regulating Space Navigation at the International Level?: The paper focuses on one of the most crucial issues of International Space Law nowadays – the lack of space navigation regulation. It describes the current state of orbit congestion by the growing number of satellites and proves the critical necessity to modernise the existing regime of outer space. The author suggests the development of a special legal regime for space navigation by drafting the Convention on the Safety of Space Navigation and establishing the International Convent – an intergovernmental organisation responsible to operate and control further evolvement of human extraterrestrial travelling. [ABSTRACT FROM AUTHOR]

Artificial Intelligence, Space Liability and Regulation for the Future: A Transcontinental Analysis of National Space Laws The private sector is leading the deployment of emerging technologies such as artificial intelligence (AI), which is used for various applications including satellite collision avoidance and spacecraft operations management. However, these technological advancements may pose a number of challenges for traditional space law. This paper will focus the concept of liability for damage caused by space objects that incorporate AI through the lens of national space legislation, examining examples from various countries including the Netherlands, Indonesia, Australia, South Korea, and the United Arab Emirates. Based on this analysis, recommendations will be provided for regulating AI in the context of space activities, taking into account the European approach to AI governance and liability. [ABSTRACT FROM AUTHOR]

Forging New Space Law to Support Innovation and Sustainability of Space Resources: Preview of the 2023 World Radiocommunication Conference The blistering pace of innovation in space, including the unprecedented growth of the population of Low Earth Orbiting satellites continues to advance unabated. Accompanying this new space boom are increasingly urgent calls for governance of this regime, or at least norms, guidelines, or standards to ensure safety, security, and sustainability of space for the benefit of all. Since 1959, the International Telecommunication Union (ITU), has been continuously developing new treaty law provisions to address the sustainability of spectrum and orbital resources while enabling new space services. The ITU's Radio Regulations are updated every four years by the World Radiocommunication Conference (WRC) to accommodate new services and technologies. The ITU will convene the next WRC in 2023 in the United Arab Emirates. This paper will inform how the ITU continuously updates space law to accommodate emerging space services while preserving sustainability of shared resources in the specific context of the challenging agenda of WRC-23. [ABSTRACT FROM AUTHOR]

Poland Goes to Space: The Draft Polish Space Act Poland has a long history of space activities: As a former active participant of the Intercosmos program, it is a member of both ESA and UN COPUOS. To respond to the growing demand by research and industry, a national space law has been drafted which implements Article VI of the Outer Space Treaty, as well as aims to accommodate Poland's ambitions in the field of space resources and suborbital activities. The paper analyses the recent Draft, especially in view of the authorization procedure and liability for damage caused by space objects. It compares the outcome with the most recently adopted space law in Europe – the 2020 Space Activities Law of Luxembourg – and informs about the progress in preparing domestic space legislation in the Czech Republic. [ABSTRACT FROM AUTHOR]

Common but Differentiated Responsibility for Space Debris: Using Equitable Principles to Incentivise Debris Mitigation Over the years, a small number of states have created the vast majority of space debris in orbit around the Earth. This growing population of space debris has led to an increase in the costs of operations for all actors, many of whom are only beginning their space programs and have not gained any benefits from the pollution of outer space; yet they are forced to bear the costs. This paper discusses how the foundational principles of space law incorporate the spirit of Common but Differentiated Responsibilities (hereinafter CBDR) and show how it applies to questions of active and passive debris mitigation and liability for damage caused by space debris. This would be done by holding the chief polluters collectively responsible for damage caused to states who have not contributed to the debris population in any meaningful way so long as the latter complies with the debris mitigation norms. [ABSTRACT FROM AUTHOR]

"What's In A Name?" Legal Aspects of 'Safety Zones' on Celestial Bodies and Elsewhere in Outer Space: The concept of 'safety zones' and the possible application thereof to celestial bodies has recently attracted considerable debate, mainly because it constituted one of the elements in the Artemis Accords. Most notably, concerns were raised that the establishment of any such zones would violate the foundational principle of absence of territorial occupation and sovereignty in outer space stemming from Article II of the Outer Space Treaty. The present paper will, first, look into the general approach taken by the Artemis Accords on the issue in the light of the Outer Space Treaty. Second, it will briefly assess more broadly how in other domains concepts of 'safety zones' or similar constructs have been developed. This should allow, third, at least for a preliminary assessment of how to ensure that the conditions under which any establishment of 'safety zones' on celestial bodies would take place could and/or should be considered legal. [ABSTRACT FROM AUTHOR]

Mega-Constellations of Satellites and their Impact on Astronomy: Exploring the Role of Article IX of the Outer Space Treaty The activity of designing and launching into low earth orbits (LEO) large constellations of satellites (sometimes known as mega-constellations) is posing a number of challenges to the sustainability of outer space. One significant challenge has turned out to be the visual impact that huge numbers of satellites placed in LEO is having on the Earth's night sky. The present paper analyzes this problem from the point of view of Space Law, and more specifically, by exploring the potential role of Article IX of the 1967 Outer Space Treaty. The main question is whether this provision and its corresponding obligations of due regard, preventing harmful interference, and engaging in consultations can be applicable also vis-à-vis activities that are not space activities proper (such as ground-based astronomy) yet nonetheless are directly related to and affected by activities carried out in outer space. In order to answer that question, the origin of Article IX is reviewed, particularly considering its direct predecessor, Principle 6 of the Declaration of Principles adopted by the United Nations General Assembly in 1963. Since the origin of Principle 6 (and therefore, of Article IX) can be traced back to the effects on both space and earth of West Ford and other large-scale experiments carried out in LEO in the early 1960s, the conclusion is that Article IX does apply and protects terrestrial activities such as ground-based astronomy that are affected by activities conducted in outer space. [ABSTRACT FROM AUTHOR]

A Walk in the Dark and the Law of Satellite Mega-constellations: From professional to amateur astronomers, the dark skies represent a window to the universe. Whether from our backyards or millions of miles into the expanse, the distant lights that astronomers observe represent the next frontier of human exploration. However, a newer inhabitant of our space backyard threatens this muchneeded future: satellite megaconstellations. This paper explores the notion of law and ethics as it applies to the use of satellite megaconstellations. The goal is to discover how space law may offer guidance and educate satellite operators while identifying possible solutions. [ABSTRACT FROM AUTHOR]

Planetary Protection Obligations in Space Exploration Law and Ethics Regarding the Biological Contamination of Outer Space: The issue of biological contamination in space exploration has highlighted the relevance of addressing the ethical and legal responsibilities entailed in exploring previously undisturbed regions of space, especially those which have the potential to harbor life. While the scientific importance of space exploration means that the introduction of spacecraft into otherwise undisturbed environments is a necessity, the extent to which environmental disruption can be considered a responsible use of a shared space, has not been consistently identified in the scientific or legal literature. This paper discusses some of the key legal and ethical issues concerning the responsible use of space from an astrobiological and planetary protection perspective, as well as proffering recommendations as to how international space law can create more effective ethical responsibility and liability standards regarding the biological integrity of space-based environments. [ABSTRACT FROM AUTHOR]

Re-invigorating International Arbitration of Space Related Disputes by National Legislation: Since the 1960s, treaties have been instrumental in setting the law of outer space. Increasingly, technical and economic realities live up to the ambitions envisaged by the drafters. In due time, this will lead to an ever growing number of private-to-private, private-to-state and state-to-state disputes. Already, existing space related dispute resolution mechanisms between states remain largely untested. The same is true for space related disputes involving private parties, which will require other means of effective resolution. We proposes to de-politicize disputes involving private parties where possible. To this end, we suggest coordinated national legislation by states parties to the UN space treaties to make agreement to compulsory jurisdiction of an arbitral body for resolving certain international disputes regarding space activities part of their national licensing requirement for space activities. This paper outlines the most salient advantages, disadvantages and obstacles to the creation of such a coordinate transnational system. [ABSTRACT FROM AUTHOR]

In Search of the Most Appropriate Mechanism for Resolving the Disputes Arising from Large Satellite Constellations: The increasing number of satellite constellations poses many significant challenges. Given the continued growth of the amount of space debris and due to the potential harmful interference in orbits, as at least two consequences of the emergence of the large constellations, resolving the international disputes arising from launching satellite constellations is deemed to be one of the main concerns in this regard. This paper aims at answering the main question that considering the shortcomings of international space law dispute resolution mechanisms, how can disputes arising from large satellite constellations, be more appropriately settled. Among the space law treaties, except for Article XIV of the 1972 Liability Convention which foresees the establishment of a Claims Commission, there are no binding dispute settlement provisions. Due to the urgent necessity of dealing with these disputes, international arbitration is to be considered as the most appropriate mean for the dispute settlement of constellations. [ABSTRACT FROM AUTHOR]

Proposal for a Legal Definition of Space Debris: Wherever humans go, pollution follows. Outer space is no exception. After 60 years of space missions, the orbits around Earth are filled with "space debris", which threatens satellites as they pass by. The international community has been working on means to remove them through so-called 'Active Debris Removal' (ADR) operations. However, the latter pose unresolved challenges in terms of jurisdiction, control and ownership over space debris, as well as in terms of international liability during and after operations. The present paper tackles them with a focus on the legal notion of "space debris". In particular, it explores the possibility of defining "space debris" like "waste" is defined on Earth. Building upon the EU waste regulation, it proposes a definition which revolves around the position of the owner of a space object and its intention to discard it. The conclusion demonstrates how this solution fits in the system of international space law without any modification of it, providing an effective solution to the legal hurdles of ADR operations. [ABSTRACT FROM AUTHOR]

From Chuquicamata to Nereus: A Contribution of Chilean Legislation to International Laws on Space Mining Since space exploration became a tangible reality to humankind, we have been able to launch space objects to the outermost atmospheric layers of Earth, and beyond. At this point, it is only natural that humans are driven to break the next frontier and seek other space activities such as space mining. In this context, countries like Chile, due to its geographical advantages, have positioned themselves as leading experts in mining, constantly searching for innovation, resolving challenges and becoming forefront leaders in this sector. Therefore, the purpose of this paper is to analyze the potential of Chilean legislation to contribute to international laws on space mining. From Chuquicamata, the largest copper open pit mine in the world, Chile and other nations will be able to test, develop, export and expand on mining technology from Earth to space, in a legal framework made from and for developing and developed nations. [ABSTRACT FROM AUTHOR]

NewSpace: The Star Wars Soldier of the Future? Space has been used to support terrestrial military activities since the dawn of the space age. Since 1991, satellite navigation, imagery and communications, have taken a central role in terrestrial wars across the globe. However, the 2022 Russo-Ukraine war highlighted a new emerging reality. The space arena has historically been state-driven, now advances in technologies are enabling a wide range of non-state actors entrance into the space sector. The so called NewSpace is quickly gaining in importance, not only in the commercial sector, but by supplying military services and potentially influencing the outcome of inter-state conflicts as well. This article will provide a quick overview of international space law, particularly Article VI of the Outer Space Treaty, and the law of state neutrality, and significantly whether the former influences the latter by prescribing that states carry international responsibility for national activities in outer space. [ABSTRACT FROM AUTHOR]

On the 55th Anniversary of the Rescue Agreement: The Drafting History and Contribution to Strengthening International Cooperation The Rescue Agreement, the second space treaty adopted under the auspices of the United Nations in 1967, celebrates its 55th anniversary. Its entry into force in 1968 became a true milestone in the evolution of space law. The drafting history of the Rescue Agreement was anything but short and easy. It took almost ten years of lively discussions within the walls of the UN Committee on the Peaceful Uses of Outer Space. The geopolitical situation and challenging events of that time could not but affect its work. Tense negotiations time and again gave way to promising spirit of cooperation, and seemingly opposed views were pointed, however, in the same direction: towards an absolute value of human life and the need for humanism under any circumstances. The Rescue Agreement can rightly be considered a shining example to follow since it is never impossible to agree when the interests of humankind are at stake. [ABSTRACT FROM AUTHOR]

Sustainable Development and Scientific Research in Outer Space: The interpretation of the "interest of mankind" principle has led, first, to the adoption of the Moon Agreement and, at the same time, brought to its defeat. At present we see a renovation of interest in the doctrine of the "global commons" within the sustainability policy of men activities on earth and in space, the new challenge is to balance the need to preserve outer space for future generations, the enhancement of scientific research and the freedom to enact space activities compliant with the peaceful purpose principle and all other principles set at the international level. [ABSTRACT FROM AUTHOR]

Safety Zones as a Means to Ensure a Balanced Liability Regime in Space: The Liability Convention, which establishes the rules for international liability for damage caused by space objects, provides for fault on the side of the damage causer as a condition for compensation for accidents in space. In the absence of the "rules of the road" in space, or at least a common understanding of the standard of care and due diligence, proving fault may become a challenge on the way to obtaining compensation and adequately protecting high-value space assets. In this regard, it can be argued that safety zones established around the locations of space activities can reduce the risks of accidents, while space actors' conduct in such zones can be an indicator of the presence or absence of any degree of fault. This article analyses the current liability regime applicable to accidents in space and examines whether controversial safety zones can close legal gaps and contribute to the development of space activities. [ABSTRACT FROM AUTHOR]

The Promotion of Space Sustainability Through National Licensing Regimes: The private sector is poised to reap untold riches in space, with new and imaginative ventures being announced almost daily. With great opportunities come great responsibilities, including the duty grounded in the Outer Space Treaty to conduct activities in space in a sustainable manner. The COSPAR Planetary Protection Policy and the IADC Space Debris Mitigation Guidelines establish detailed policies to promote sustainability, but these instruments have applicability only in limited defined contexts. The elements of space sustainability are yet to be clearly articulated, especially with regard to private sector activities. The development of legal standards will need to consider the interests of all stakeholders, including the global public interest, and policies must consider history, culture, ethics, and aesthetics. The absence of comprehensive international agreements on standards of conduct places states, especially licensing regimes, at the forefront in determining and shaping the contours of acceptable activities. States such as the United States and New Zealand have taken initial steps in their domestic laws to articulate specific policies to promote sustainability and prohibit certain activities as contrary to public policy, such as obtrusive space advertising or harming, interfering with, or destroying other spacecraft or Apollo landing sites. This study examines the role that states and national licensing regimes can play in defining the elements of space sustainability with special emphasis on private sector activities. Substantive policy considerations are identified and analyzed regarding, inter alia, the protection of scientific investigations, prevention of interference with activities of other entities, preservation of sites of special historic, scientific or aesthetic interest, disclosure of information concerning activities and discoveries, and the impact of activities on orbital and celestial environments. The study concludes with specific recommendations that states can implement to promote space sustainability. [ABSTRACT FROM AUTHOR]

Protecting Sites of Extraordinary Scientific Importance on the Moon: The Case of Astronomy The imminent return to the Moon by multiple space agencies and commercial companies has spurred astronomers to reconsider the Moon as a site for ambitious telescopes. There are several concepts that use the rare properties of special sites on the Moon to undertake astronomical observations not possible elsewhere. These include the well-known radio quiet zone of the lunar farside, the coldest cold traps for far-IR telescopes, and large permanently shadowed regions for cryogenic gravitational wave detectors. For each application there are surprisingly few of these "sites of extraordinary scientific importance." A first inventory of them is given here. Because these sites are easily degraded by other activities, they will need protection against other uses if the discovery potential they enable is to be kept for humanity. Initial policy approaches to achieve this protection when involving multiple parties are outlined. [ABSTRACT FROM AUTHOR]

International Responsibility to Protect Freedom of Outer Space Exploration versus Freedom of Use of Outer Space: This study examines how the enjoyment of freedom of use affects the enjoyment of freedom of exploration in space, using the harmful interference of the LEO mega constellations in astronomical science as an example. Furthermore, the study seeks to address this interference through the implementation of Article VI of the Outer Space Treaty. The main question of the study is therefore whether states have an international responsibility to protect freedom of exploration over freedom of use. To answer this question, I first determine whether one of the freedoms should take precedence over the other. Second, I propose balancing these freedoms against each other, a concept of constitutional law, and to give more weight to one than the other to address the problem at hand. Following the examination, I conclude that states have an international responsibility to protect astronomical activities from the effects of LEO mega constellations, and that they are therefore obligated to establish the necessary domestic legal regimes to provide this protection. [ABSTRACT FROM AUTHOR]

Specialised Dispute Resolution for Commercial Space Disputes: A Practitioner's Perspective Outer space activities are no longer in the exclusive domain of States. There has been a marked increase in commercial space activities in recent years, with private players taking the lead in new space developments. As the commercial space sector grows, so too do the number of commercial space-related disputes. Contractual arrangements are likely to underpin most of these matters. This given, how different are commercial space-related disputes going to be from disputes in other industry sectors? Are existing mechanisms for dispute resolution adequate to address the needs of commercial space players? Or do specialised methods of dispute resolution need to be developed? The authors offer a practitioner's perspective. [ABSTRACT FROM AUTHOR]

International Investment Law as a Framework to Protect Private Actors in Outer Space: A fast-growing global space economy requires a clear, consistent, and transparent regime of rights and remedies that can balance the needs and interests of private and State actors. The opposite – politicization of rights and an absence of the rule of law – breeds uncertainty, hinders the peaceful and effective settlement of disputes, and impedes private investment flows in outer space. Within the context of State responsibility, the scope and nature of private rights and remedies are guided by three main questions. First, should States protect private actors and their investments in outer space? Second, which rights should be protected in outer space? Third, how might private actors exercise such rights to seek redress for harm committed by States in outer space? Insights and lessons from the international investment law regime are well-suited to assist in the strengthening of an international rules-based space order. [ABSTRACT FROM AUTHOR]

Legal Issues of International Cooperation in the Operation of China's Space Station: China's Space Station (CSS) will be established in 2022, making China the third country to be able to build and operate the space station independently. The international cooperation of the CSS has initiated. International cooperation in the CSS operation is an effective way to promote the long-term sustainability of space activities and realize a community with a shared future for humankind. As China has not yet promulgated its national space law, international cooperation in the CSS operation will inevitably encounter legal problems. In the context of the lack of relevant legislative basis and practical operation experience in China, to carry out international cooperation and maintain the long-term sustainable operation of the CSS, it is necessary to learn related legal experiences and make corresponding institutional arrangements. [ABSTRACT FROM AUTHOR]