Search

In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an inventor be protected against unauthorized use of a patented invention made in space? Patents are a national territorial exclusive right that is not applicable in space because there is no jurisdiction. The “Big Five” space treaties were established in the 1960’s and still apply today. According to the res communis principle, it is not possible to own something in space because space belongs to all mankind. Other interests in space that are prioritized are national security and sovereignty and public interest. There are good reasons for solving the patent problem in space, because the commercialization in space is increasing and there are huge investments in R&D’s which end up in new great inventions that can benefit the public. The US is the only state with an adapted patent law for space, but it is only applicable if the space object is registered and launched in the US, and it does not protect against third-party infringement. The absence of an international legislation for patents in space makes the issue more difficult. It requires new solutions at national, European, and international levels. Forums such as the WTO, WIPO, and UN have the potential to address the question. However, there have been many political deadlocks that will delay the negotiations. An international agreement may be necessary for all states to join, preventing patent infringement and promoting economic, national, and public interests. A transparency and a drive to invent would have been beneficial, as there are many advantages to the extending patent protection to space. Earth is calling….for patents!, In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an inventor be protected against unauthorized use of a patented invention made in space? Patents are a national territorial exclusive right that is not applicable in space because there is no jurisdiction. The “Big Five” space treaties were established in the 1960’s and still apply today. According to the res communis principle, it is not possible to own something in space because space belongs to all mankind. Other interests in space that are prioritized are national security and sovereignty and public interest. There are good reasons for solving the patent problem in space, because the commercialization in space is increasing and there are huge investments in R&D’s which end up in new great inventions that can benefit the public. The US is the only state with an adapted patent law for space, but it is only applicable if the space object is registered and launched in the US, and it does not protect against third-party infringement. The absence of an international legislation for patents in space makes the issue more difficult. It requires new solutions at national, European, and international levels. Forums such as the WTO, WIPO, and UN have the potential to address the question. However, there have been many political deadlocks that will delay the negotiations. An international agreement may be necessary for all states to join, preventing patent infringement and promoting economic, national, and public interests. A transparency and a drive to invent would have been beneficial, as there are many advantages to the extending patent protection to space. Earth is calling….for patents!

This doctoral thesis addresses the challenges of attributing liability for damage in the context of integrating Global Navigation Satellite Systems (GNSS) as essential features of Artificial Intelligence (AI) technologies. The topic represents a pressing issue in a variety of sectors such as aviation, maritime, and road transport, increasingly characterized by high autonomy levels, leading to operational efficiency but also being threatened by significant risks. Satellite signals may be easily interfered with, which can cause disturbances in the normal operation of AI systems, potentially causing accidents involving loss of life, property damage, or economic losses. For exploring the legal intricacies of such scenarios, after setting the scene and defining the concept of “non-contractual liability” from a civil law perspective, a dual approach is undertaken, involving the synergy “international space law - technology law”. Under international space law, the debate centers on the key liability elements provided by the Liability Convention: the space object, damage, and causation. The traditional doctrinal interpretations of these terms do not allow compensation for damage caused by satellite signal failures, thus requiring a new approach where the “restitutio in integrum” principle as well as the principles of justice and equity included in the Liability Convention are duly considered. From a technology law perspective, the GNSS liability problem is assessed through the lens of the proposals issued by the European Commission, in terms of AI governance and liability, specifically the AI Act, the AI Liability Directive, and the New Product Liability Directive. None of the above-mentioned proposals contain any specific provisions regarding GNSS-enabled AI systems. Due to this, the risk-based approach used for classifying AI systems via the AI Act is analyzed to assess whether GNSS-enabled AI systems are either prohibited, high-risk, or AI systems with minimal risks. A c

As space activities continue to develop and increase in number, so do environmental concerns in outer space. For decades now, humanity has continuously sent satellites into Earth orbits without caring for potential environmental consequences in outer space. Ultimately, these actions have proven to raise issues regarding the sustainability of the activity; issues which are now being addressed legally. Satellites were the first venture of humanity into space, and it is fair to admit we did not know better at the time. We do now. With the development of new types of space missions, such as space resources-related activities, it is safe to assume that new serious environmental problems will arise as well. Based on previous experience both on Earth and in outer space, it is logical, but also imperative, to question the environmental impact of these space resources activities and to consider legal solutions to promote and facilitate their sustainability. Accordingly, this research assesses the applicability of existing rules and mechanisms promoting environmental protection and sustainability in outer space to the case of the exploitation of space resources. To that end, an array of mechanisms is considered such as the framework of the UN Space Treaties, international environmental law, non-legally binding instruments, such as the space debris mitigation guidelines and COSPAR’s planetary protection policy, as well as national space legislations. Ultimately, this work aims at drafting the roadmap for the environmentally sustainable exploitation of space resources from a legal standpoint. It recommends the adoption of a mix of interdisciplinary approaches which balances a national effective approach with international guiding rules.

The mass of space debris in orbit around the Earth is growing and will continue to grow due to more frequent launches of satellites and space debris colliding with other space debris. This could lead to a situation in the future where a part, or all, of the orbit becomes so crowded with space debris that it becomes impossible to launch satellites to that region. In the end, it could even become impossible to access outer space at all due to the high risk of collision when travelling through the orbit. The first aim of this thesis is to explore the international regulation regarding space debris and evaluate if the legal regime can successfully be used as a tool to deal with the growing issue of orbital debris. The second aim is to discuss and recommend some possible improvements to the international regulation of space, to promote the sustainability of the Earth orbit as well as legal certainty. It is concluded that the current legal regime is unequipped to handle the issue of space debris. This is because the space treaties are vague and do not impose strict boundaries on the actions of states, and sufficient international customary law has not been developed. To address this issue, several improvements to the regulation of outer space are proposed with the aim of removing the legal uncertainty and providing a flexible framework to address the complex issues space debris creates.

The outer space territory and celestial bodies are unfathomably rich in strategic mineral resources worth trillions of dollars such as water ice, helium-3, platinum, iron, cobalt, and ammonia. These space resources, distinct from their space territorial and celestial bodies loci, need to be located, characterized, captured, processed, concentrated, and transported to points of use in-situ or on Earth by capable state and private space investors, stakeholders, or national agencies, for private benefits. Investors in this embryonic space mining industry need legal certainty and predictability under unambiguous legal and policy frameworks that guarantee property interests over extracted minerals. The Problem is that space mining activity is not expressly accounted for in the governing outer space law, therefore dueling legal theories abound on the legality of space mining. These notions include strict “Non-Appropriation,” permissible competitive appropriations, and conflict-oriented nationalist exclusive / imperial colonization theories. However, this research study finds that under the better, more coherent, and plausible legal interpretation of the “Non-Appropriation” principle, there is no inherent incompatibility between the terra/res communis omnium philosophical basis of Article II, 1967 OST, and the res nullius policy framework of Title IV, U.S. 2015 Space Act. This qualitative research study examined, catalogued, interpreted, and analyzed an exhaustive compendium of empirical and theoretical extant documentary data of outer space Regimes Theory literature, through the lens of a politico-philosophical and legal-historical perspectives. The study used Glaser and Strauss’ (1967) Grounded Theory methodology, in a rigorous comparative inductive analysis of the themes, concepts, and theoretical frameworks inherent in the primary and secondary data of space law and policy. The overarching theory is that Article II, 1967 OST and Title IV, U.S. 2015 Space Act can straig

This dissertation is set in the context of the modern space age, which is characterised by an overall increase in space activities on a global scale and a relative increase in private and commercial space activities. Space has become a business case.This study analyses the principle of international responsibility for activities in outer space as mainly codified in Article VI of the Outer Space Treaty. The research differentiates four central aspects that, combined, provide a thorough and extensive assessment of the research topic. The study concludes that:(1) International space law is a special field of public international law and can best be analysed by taking into account relevant norms of public international law;(2) The legal regime of international responsibility for activities in outer space draws on norms of international space law, norms of international responsibility law, and norms of the law of treaties. Its conception closely resembles the conception of international responsibility under international responsibility law, however, with the crucial difference that it applies a deviating regime of rules of attribution: States can incur international responsibility for all ‘national activities’ carried out by non-governmental entities under their jurisdiction;(3) International responsibility for activities in outer space must be considered in relation to other central concepts of international space law such as the regime on liability or the framework on registration of space objects. In this study, the assessment is limited to the elements of ‘launching State’ and ‘State of registry’. The analysis uses a differentiation between static and dynamic norms and assesses their interrelation with Article VI of the Treaty;(4) The activities of non-State actors are regulated by Article VI Sentence 2 of the Treaty, which constitutes a primary norm of international law. It requires these activities to receive ‘authorisation’ and ‘continuing supervision’ by the ‘app

The mass of space debris in orbit around the Earth is growing and will continue to grow due to more frequent launches of satellites and space debris colliding with other space debris. This could lead to a situation in the future where a part, or all, of the orbit becomes so crowded with space debris that it becomes impossible to launch satellites to that region. In the end, it could even become impossible to access outer space at all due to the high risk of collision when travelling through the orbit. The first aim of this thesis is to explore the international regulation regarding space debris and evaluate if the legal regime can successfully be used as a tool to deal with the growing issue of orbital debris. The second aim is to discuss and recommend some possible improvements to the international regulation of space, to promote the sustainability of the Earth orbit as well as legal certainty. It is concluded that the current legal regime is unequipped to handle the issue of space debris. This is because the space treaties are vague and do not impose strict boundaries on the actions of states, and sufficient international customary law has not been developed. To address this issue, several improvements to the regulation of outer space are proposed with the aim of removing the legal uncertainty and providing a flexible framework to address the complex issues space debris creates.

Few contests that space mining holds the potential to revolutionize the space sector. The utilization of space resources can reduce the costs of deep space exploration and kick-off an entirely new economy in our solar system. However, whether such a revolution will happen for good or for worse depends also on the enactment of appropriate regulation. Under the right framework, space mining will be able to deliver on its promise of a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), unbalanced space resource activities can destabilize the space community to a truly unprecedented scale. With companies planning mining operations on the Moon already during this decade, the regulation of space resource activities has thus become one of the most pressing and crucial topics to be addressed by the global space community. In this context, this thesis provides a first-of-its-kind, comprehensive and innovative analysis of the regulatory and enforcement options currently shaping the multi-level governance of space mining. In addition to this, the thesis also suggests a series of correctives that can improve the system and ensure the peaceful, rational, safe, and sustainable conduct of space mining. Structurally, the thesis moves from general to particular and is divided in three chapters. Chapter 1 discusses the relationship between space law and international law to contextualize the specific assessment of space mining. Chapter 2 analyses the current regulatory framework applicable to space mining, considering both the international and national levels. Finally, Chapter 3 identifies potential enforcement options, assesses them in terms of effectiveness and legitimacy, and further proposes some pragmatic correctives to reinforce the governance system.

Few contests that space mining holds the potential to revolutionize the space sector. The utilization of space resources can reduce the costs of deep space exploration and kick-off an entirely new economy in our solar system. However, whether such a revolution will happen for good or for worse depends also on the enactment of appropriate regulation. Under the right framework, space mining will be able to deliver on its promise of a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), unbalanced space resource activities can destabilize the space community to a truly unprecedented scale. With companies planning mining operations on the Moon already during this decade, the regulation of space resource activities has thus become one of the most pressing and crucial topics to be addressed by the global space community. In this context, this thesis provides a first-of-its-kind, comprehensive and innovative analysis of the regulatory and enforcement options currently shaping the multi-level governance of space mining. In addition to this, the thesis also suggests a series of correctives that can improve the system and ensure the peaceful, rational, safe, and sustainable conduct of space mining. Structurally, the thesis moves from general to particular and is divided in three chapters. Chapter 1 discusses the relationship between space law and international law to contextualize the specific assessment of space mining. Chapter 2 analyses the current regulatory framework applicable to space mining, considering both the international and national levels. Finally, Chapter 3 identifies potential enforcement options, assesses them in terms of effectiveness and legitimacy, and further proposes some pragmatic correctives to reinforce the governance system.

Few contests that space mining holds the potential to revolutionize the space sector. The utilization of space resources can reduce the costs of deep space exploration and kick-off an entirely new economy in our solar system. However, whether such a revolution will happen for good or for worse depends also on the enactment of appropriate regulation. Under the right framework, space mining will be able to deliver on its promise of a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), unbalanced space resource activities can destabilize the space community to a truly unprecedented scale. With companies planning mining operations on the Moon already during this decade, the regulation of space resource activities has thus become one of the most pressing and crucial topics to be addressed by the global space community. In this context, this thesis provides a first-of-its-kind, comprehensive and innovative analysis of the regulatory and enforcement options currently shaping the multi-level governance of space mining. In addition to this, the thesis also suggests a series of correctives that can improve the system and ensure the peaceful, rational, safe, and sustainable conduct of space mining. Structurally, the thesis moves from general to particular and is divided in three chapters. Chapter 1 discusses the relationship between space law and international law to contextualize the specific assessment of space mining. Chapter 2 analyses the current regulatory framework applicable to space mining, considering both the international and national levels. Finally, Chapter 3 identifies potential enforcement options, assesses them in terms of effectiveness and legitimacy, and further proposes some pragmatic correctives to reinforce the governance system.

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

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

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

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

Ever since space travel went from dream to reality, as was the case with man’s landing on the moon in 1969, the need for space regulation became evident. We have five major space treaties, some of which are considered internationally as “jus cogens”, such as the Outer Space Treaty. For some years now, private entities have been reactivating a sector that seemed dormant, which is why the need to address the issue of the responsibility of States for the activities that private entities carry out in outer space has arisen., Desde que los viajes al espacio pasaron de sueño a realidad, como ocurrió con la llegada del hombre a la luna en 1969, se hizo evidente la necesidad de llevar a cabo una regulación de ámbito espacial. Contamos con cinco grandes tratados espaciales, alguno de los cuales son considerados internacionalmente como “ius cogens”, como ocurre con el Tratado del Espacio Exterior. Desde hace unos años las entidades privadas han estado reactivando un sector que parecía dormido, y es por ello que surge la necesidad de tratar la problemática de la responsabilidad que tienen los Estados sobre las actividades que las entidades privadas realizan en el espacio ultraterrestre.

The book is a comprehensive analysis of the international regime of the geostationary orbit.

The book is a comprehensive analysis of the international regime of the geostationary orbit.

Returning to the Moon and establishing a permanent human presence is the next step in human space exploration. This necessitates the development of lunar infrastructure up to this task. This contribution presents a framework for rapid, cost-efficient, and supporting construction of a permanent and modular lunar base within the scope of what will be technically and legally feasible today. The proposed concept uses the SpaceX Starship Human Landing System as the foundation for a lunar base. The Starship will be placed horizontally on the lunar surface and transformed into a habitable volume. A workforce of modular rovers will aid astronauts in the construction process, and an array of countermeasures are presented to protect the astronauts from the effects of exposure to radiation, lunar dust, and extended hypogravity. Psychological and psychosocial factors are included to enhance individual well-being and crew dynamics. Physical and cognitive workloads are defined and evaluated to identify effective countermeasures, including specific spacesuit requirements. The proposed construction activities are to be organized as a multi-national public-private partnership to establish an international authority, a concept that has been successful on Earth but has yet to be applied to space activities on a multi-national level. A roadmap incorporating each part of the construction from human and technical perspectives is outlined. Other aspects that are critical to mission success include the cultural significance of the project, legal aspects, budget, financing, and potential future uses of the base. These solutions rely mainly on existing technologies and limited modifications to the lunar lander vehicle, making it a viable solution for the construction of a lunar base in the near future., Part of proceedings: ISBN 978-1-7138-4296-5 QC 20220810

Latvia became an associate member of the European Space Agency (ESA) in 2020. The ESA is an intergovernmental organisation dedicated to the exploration of space. According to the Article II of the Convention of establishment of a European Space Agency, the purpose of the ESA is to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications, with a view to their being used for scientific purposes and for operational space applications systems. “The Space Strategy for Latvia 2021-2027” (Strategy) recently was collectively developed by the Ministry of Education and Science and the Ministry of Economics of the Republic of Latvia. It establishes a focused framework for the cooperation of Latvia with the ESA and contributes to the achievement of the objectives, priorities and actions defined in the Latvian National Development Plan 2021-2027, the National Industrial Policy Guidelines 2021-2027 and the Science, Technological Development and Innovation Guidelines 2021-2027. As it is indicated in the Strategy, Latvian higher education institutions ensure the development of an adequate base of expertise and skills in graduates to be able to serve the needs of the space sector in Latvia. It is proposed in Strategy that Universities in collaboration with local industrial partners develop higher-education courses and lifelong learning programmes to respond to the national space industry need. Novelty of the research: this is one of the first academic research concerning the possible studies of space law in the Latvian higher education institutions. Just now law studies are provided by 8 higher education institutions; but no one offers single study course on space law. The research aim is to analyse necessity to teach space law in the universities of the Republic of Latvia, taking into account the fact that Latvia now is an associate member of the ESA. The author has used descriptive, analytical and

This paper reviews NASA’s Artemis program, which was developed with other space agencies and private and state partners. The program seeks to take people to the moon once again, this time to colonize and exploit Lunar resources as the first stage to later send humans to Mars. The paper is grounded on International Law and examines the principles of pacta sunt servanda applicable to space law, identifying elements that run against international regulations. This work begins with a description of the attempts to reach the moon, where some loopholes can be spotted. Afterwards, we present an overview of Artemis and discuss its embedded regulations, as well as the technology that was particularly developed for the program, which includes launch systems, a transport capsule, an orbital station, Lunar vehicles, equipment for exploration and extraction of Lunar resources, and habitable modules, among others. As a result, we offer a critical vision of the program, considering that only a small group of countries could appropriate Lunar resources, although they belong to all of humanity. It is concluded that the international community should monitor this program and strive to respect, sign and ratify the norms established by the UN in an attempt to ensure that any activity related to the exploitation of celestial bodies could positively impact the entire planet., Este artigo tem como objetivo analisar o programa Artemis, liderado pela NASA e desenvolvido em companhia de outras agências espaciais e parceiras, privadas e estatais, que buscam levar pessoas novamente à Lua, desta vez para iniciar um processo de colonização e exploração de recursos, como uma fase preliminar do projeto de longo prazo para enviar humanos a Marte. O artigo está enquadrado no Direito Internacional para analisar os princípios do pacta sunt servanda, aplicáveis ao direito espacial e seus respectivos efeitos vinculantes, identificando elementos contrários às normas internacionais. Ele começa com um relato dos esforços para chegar à Lua, de onde reaparecem certas lacunas legais; mais tarde, é apresentada uma visão geral do programa e especificados os pontos divergentes e comuns entre os regulamentos, além de mostrar as tecnologias desenvolvidas para o programa como sistemas de lançamento; cápsula de transporte; estação orbital; veículos Lunares; equipamento para exploração e extração de recursos Lunares; módulos habitáveis; entre outros. Como resultado, apresenta-se uma visão crítica contra o fato de que um pequeno grupo de países pode se apropriar dos recursos Lunares, que pertencem a toda a humanidade, bem como de sua reserva de informação. Conclui que a comunidade internacional deve estar atenta a este programa e se empenhar pelo respeito, assinatura e ratificação das normas estabelecidas pela ONU, com o objetivo que qualquer atividade relacionada à exploração de corpos celestes impacte positivamente todo o planeta., Este artículo tiene como objeto analizar el programa Artemis, liderado por NASA y desarrollado en compañía de otras agencias espaciales y socios, tanto privados, como estatales que buscan llevar nuevamente personas a la Luna, esta vez para iniciar un proceso de colonización y explotación de recursos como fase previa del proyecto a largo plazo para enviar humanos a Marte. El artículo se enmarca en el Derecho Internacional para analizar los principios de pacta sunt servanda, aplicables en el derecho espacial y sus respectivos efectos vinculantes, identificando elementos que son contrarios con la normativa internacional. Se inicia con un recuento de los esfuerzos por alcanzar la Luna, desde donde reaparecen ciertas lagunas jurídicas; luego, se presenta una visión general del programa y se especifican los puntos disímiles y comunes entre las normativas, además de mostrar las tecnologías desarrolladas para el programa como sistemas de lanzamiento; cápsula de transporte; estación orbital; vehículos lunares; equipos para exploración y extracción de recursos lunares; módulos habitables; entre otros. Como resultado se presenta una visión crítica frente al hecho de que un grupo reducido de países puedan apropiarse de los recursos lunares, los cuales pertenecen a toda la humanidad, así como frente a su reserva de información. Se finaliza concluyendo que la comunidad internacional debe prestar atención a este programa y propender por el respeto, la firma y la ratificación de las normas establecidas desde la ONU, con el objetivo de que cualquier actividad relacionada con explotación de cuerpos celestes impacte positivamente a todo el planeta.

Latvia became an associate member of the European Space Agency (ESA) in 2020. The ESA is an intergovernmental organisation dedicated to the exploration of space. According to the Article II of the Convention of establishment of a European Space Agency, the purpose of the ESA is to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications, with a view to their being used for scientific purposes and for operational space applications systems. “The Space Strategy for Latvia 2021-2027” (Strategy) recently was collectively developed by the Ministry of Education and Science and the Ministry of Economics of the Republic of Latvia. It establishes a focused framework for the cooperation of Latvia with the ESA and contributes to the achievement of the objectives, priorities and actions defined in the Latvian National Development Plan 2021-2027, the National Industrial Policy Guidelines 2021-2027 and the Science, Technological Development and Innovation Guidelines 2021-2027. As it is indicated in the Strategy, Latvian higher education institutions ensure the development of an adequate base of expertise and skills in graduates to be able to serve the needs of the space sector in Latvia. It is proposed in Strategy that Universities in collaboration with local industrial partners develop higher-education courses and lifelong learning programmes to respond to the national space industry need. Novelty of the research: this is one of the first academic research concerning the possible studies of space law in the Latvian higher education institutions. Just now law studies are provided by 8 higher education institutions; but no one offers single study course on space law. The research aim is to analyse necessity to teach space law in the universities of the Republic of Latvia, taking into account the fact that Latvia now is an associate member of the ESA. The author has used descriptive, analytical and

[ES] En el presente trabajo el alumno analizará distintos casos prácticos relacionados con la responsabilidad por daños causados por objetos espaciales. Aplicará el Convenio que los regula, así como la legislación complementaria y formulará soluciones a los problemas planteados, [EN] In this project, we will conduct a study on the regulation of liability in the space field. For that purpose, we will analyze the Convention on International Liability for Damage Caused by Space Objects. This convention establishes the liability models applicable in Space Law and the subjects on whom liability may apply to, and it also describes, among others, the process of claims and resolution of disputes. In addition, we will highlight the shortcomings found on this convention. Likewise, we will name others sets of laws complementary to the Space Liability Convention in terms of liability. On the other hand, we will delve into the scientific and legal context that resulted in the creation of these international resources. Additionally, we will study the international response and the regulatory measures that are being applied to space debris, an ongoing problem. To conclude this project, we will present and analyze a real case in which the Convention on International Liability was applied.

[ES] En el presente trabajo el alumno analizará distintos casos prácticos relacionados con la responsabilidad por daños causados por objetos espaciales. Aplicará el Convenio que los regula, así como la legislación complementaria y formulará soluciones a los problemas planteados, [EN] In this project, we will conduct a study on the regulation of liability in the space field. For that purpose, we will analyze the Convention on International Liability for Damage Caused by Space Objects. This convention establishes the liability models applicable in Space Law and the subjects on whom liability may apply to, and it also describes, among others, the process of claims and resolution of disputes. In addition, we will highlight the shortcomings found on this convention. Likewise, we will name others sets of laws complementary to the Space Liability Convention in terms of liability. On the other hand, we will delve into the scientific and legal context that resulted in the creation of these international resources. Additionally, we will study the international response and the regulatory measures that are being applied to space debris, an ongoing problem. To conclude this project, we will present and analyze a real case in which the Convention on International Liability was applied.

[ES] En el presente trabajo el alumno analizará distintos casos prácticos relacionados con la responsabilidad por daños causados por objetos espaciales. Aplicará el Convenio que los regula, así como la legislación complementaria y formulará soluciones a los problemas planteados, [EN] In this project, we will conduct a study on the regulation of liability in the space field. For that purpose, we will analyze the Convention on International Liability for Damage Caused by Space Objects. This convention establishes the liability models applicable in Space Law and the subjects on whom liability may apply to, and it also describes, among others, the process of claims and resolution of disputes. In addition, we will highlight the shortcomings found on this convention. Likewise, we will name others sets of laws complementary to the Space Liability Convention in terms of liability. On the other hand, we will delve into the scientific and legal context that resulted in the creation of these international resources. Additionally, we will study the international response and the regulatory measures that are being applied to space debris, an ongoing problem. To conclude this project, we will present and analyze a real case in which the Convention on International Liability was applied.

I takt med ett ökat antal nationella, militära rymdstyrkor har frågan om de rättsliga gränserna för militär användning av yttre rymden (outer space) blivit allt mer relevant. Inget rymdrättsligt traktat har antagits eller trätt i kraft sedan 1984 och innebörden av ”fredliga ändamål” (peaceful purposes) i det nuvarande regelverket är därför av betydelse. Fortfarande finns ingen allmängiltig definition av begreppet och uppsatsen avser därför klarlägga dels dess betydelse i artikel IV Rymdfördraget (OST), dels dess existens och betydelse i sedvanerätten. Utredningen utgår ifrån det traditionella sättet att tolka begreppet, det vill säga antingen som ”icke-militär” (non-military) eller som ”icke-aggressiv” (non-aggressiv). Det utreds även hur ”fredliga ändamål” påverkar lagenligheten av militär användning av yttre rymden. ”Fredliga ändamål” i artikel IV OST betyder ”icke-militärt” och är tillämplig för himlakroppar (celestial bodies), inklusive månen. ”Fredliga ändamål” i OST är dock inte rättsligt bindande för hela yttre rymden. Däremot medför traktatets preambel att övriga bestämmelser i traktatet ska tolkas i enlighet med ”fredliga ändamål”. ”Fredliga ändamål” i OST demilitariserar därför månen och andra himlakroppar men utgör inget rättsligt hinder för militär användning av övriga delar av yttre rymden. ”Icke-aggressiv” militär användning är tveklöst en förutsättning för att inte kränka ”fredliga ändamål” men det är inte dess betydelse eftersom en sådan tolkning varken stödjs av bestämmelsens lydelse, efterföljande praxis eller förarbeten. En sådan tolkning medför dessutom att bestämmelsen blir överflödig. Det är möjligt att ”fredliga ändamål” är en sedvanerättslig regel då det finns bevis som stödjer detta. En sådan sedvanerättslig regel skulle ha mer långtgående bindande effekt än OST. Dels eftersom den skulle binda även stater som inte är parter till OST, dels eftersom den – baserat på materialet som analyserats i uppsatsen – hade kunnat vara tillämplig för hela, The question of the legal boundaries on military uses of outer space is becoming more and more relevant through recent developments, for instance as the number of national space forces increases. Ever since 1984, no new space law treaty has been adopted or entered into force and the meaning of “peaceful purposes” as stipulated in the current framework is thus relevant. Still today, no authoritative definition of the term exists and this is why this thesis examines its meaning under treaty law – more specifically in the article IV of the Outer Space Treaty (OST) – as well as aims at determining its existence and content under customary international law. The research is focused around the classical “non-military” versus “non-aggressive” interpretation of “peaceful purposes” and also considers which consequences “peaceful purposes” has on the military uses of outer space in general. “Peaceful purposes” in article IV OST means “non-military” and it applies to the Moon and other celestial bodies, but not to the whole of outer space. However, as “peaceful purposes” is also stipulated in the preamble of OST, it may affect the interpretation of the other provisions in OST. Accordingly, the Moon and other celestial bodies are demilitarised zones whereas the rest of outer space is open for military uses. Certainly, the “non-aggressive” use is a precondition for the non-violation of “peaceful purposes” but not the meaning of it, as such an interpretation would not be supported by the text of the treaty, by state practice, the preparatory work and as well be superfluous. There are evidences that points at the possibility that “peaceful purposes” also is a rule under customary international law. Such a rule would have far more binding effect than “peaceful purposes” in article IV OST. Firstly, as it would, as a main rule, be binding on all states. Secondly, and according to my findings, as it is possible that it applies to the whole of outer space and not only celestial bodies

The return to the Moon is widely regarded as the next step of space exploration. Fifty years after the first Apollo mission, a renewed interest is fostering large global efforts in pursuing the scientific and economic opportunities offered by cislunar space. The ultimate goal is to establish a sustainable human and robotic presence on the lunar surface as specified in Phase 2 of NASA’s Artemis Program. These perspectives are deeply intertwined with the rapid growth of the private space sector and the arising geopolitical complexities, related to utilisation of outer space among space-faring nations. This study summarises the results and recommendations of the NASA-sponsored Space Exploration Working Group within the Space Generation Congress 2019, organised by the Space Generation Advisory Council in Washington, D.C. The Working Group consisted of 26 delegates from 15 different countries and representatives from NASA Headquarters. The group examined the evolution of lunar exploration in terms of international cooperation, socio-economic and technological challenges, and the inclusion of private industry. This report discusses the political, economic, and technological trade-offs between a multi-agency/multinational monolithic lunar base to multiple lunar bases operated by individual nations. Using the International Space Station as a model for international cooperation, the working group concluded that an initial infrastructure of a single station requiring a collaborative effort between nations and commercial stakeholders is the recommended approach. From this foothold, the presence is expanded to multiple bases with a standardization of planning, building, and operating lunar bases. Strategic recommendations were identified to be addressed to the United Nations and other public/private stakeholders with the vision of a cooperative legal and technical framework as the optimal foundation for a sustainable lunar economy. Recommendations include developing internation

Space resources activities are currently the objective of a thriving, cross-disciplinary, global effort aimed at assessing their role and potential in the future of humankind. New, innovative mission concepts, legal frameworks, and advanced technologies are being actively developed and proposed with the final goal of enabling profitable and efficient space resource utilization. The immediate location for these impacts is the Moon. In sight of this bright cohort of imminent perspectives, it’s imperative for the global community to properly assess the potential effects and consequences of the forthcoming space resources activities, with the goal of including sustainability in the foundations of the ongoing progress and ensuring its enforcement in every future endeavour. Within this context, this paper addresses the topics of Moon mining waste management and a lunar circular economy as key issues in the sustainable utilization of space resources. The most promising technologies are considered for lunar resources extraction and processing - with special focus on water - correlating their waste generation potential to the scale of the efforts implemented and to the projected availability of the resources of interest. Importance is also given to the corollary activities of space mining - such as logistics and transport operations - for their implications in waste management. Protocols and technologies with the lower waste generation potential are identified and further scenarios are elaborated for waste handling, reduction, reuse, and recycle, as well as end-of-life strategies for mining plants. This report’s recommendations are proposed for the development of incremental regulation for waste management, including but not limited to the definition of common areas of non-interest for waste disposal and regulatory obligations for conducting impact assessments before the establishment of mining activities. Please note that the present paper has been developed under the auspi

On October 13th 2020, at the occasion of the 71st International Astronautical Congress, a coalition of 8 Countries including Australia, Canada, Italy, Japan, Luxembourg, the United Arab Emirates, the United Kingdom and the United States of America presented a multilateral document called “The Artemis Accords”. Legally, the Artemis Accords constitute a political commitment towards certain “Principles for Cooperation in the Civil Exploration and Use of the Moon, Mars, Comets and Asteroids for Peaceful Purposes”. Politically, the Accords aim to “operationalize” the norms of the Outer Space Treaty for the development and execution of the Artemis Program. Unsurprisingly, this announcement has raised both appreciation and scepticism, with some States considering to sign the document and some others criticising the process as “too US- centric”. In parallel, the space law community has started to discuss the legal and policy impact of the Accords, with eminent colleagues either speaking in their support or calling for more cautiousness. In this context, this article focuses on the principle of interoperability described in Section 5 of the Accords, discussing its implications on the future of space exploration.

SpaceX makes no secret of its driving goal to make humans a multiplanetary species. Given SpaceX founder Elon Musk’s fixation on Mars and fondness for Tesla ‘Easter eggs’ and other gags, it’s hardly surprising to see Mars mentioned in the terms of service (ToS) agreement for beta users of its Starlink satellite broadband service. However, as a space lawyer, I certainly didn’t expect Starlink’s beta ToS to include the following provision: “For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith at the time of the Martian settlement.” To be sure, SpaceX might have inserted Clause 9 as another one of Musk’s jokes that aren’t really jokes, like the time he invoked South Park’s infamous underwear gnomes in explaining how he intended to fund his ambitious Mars colonization plans. After all, there are no Starlink satellites orbiting Mars, and no prospective customers there yet, either. But international law is no laughing matter. Taken literally, Starlink users must agree with SpaceX that Mars is a “free planet” and that disputes concerning Starlink services provided on Mars or while en route to the red planet via a SpaceX Starship — will be settled through self-regulation. But is this clause valid? What are the political implications of a transportation company proclaiming the legal status of a celestial body? Does such an attempt make strategic sense?

SpaceX makes no secret of its driving goal to make humans a multiplanetary species. Given SpaceX founder Elon Musk’s fixation on Mars and fondness for Tesla ‘Easter eggs’ and other gags, it’s hardly surprising to see Mars mentioned in the terms of service (ToS) agreement for beta users of its Starlink satellite broadband service. However, as a space lawyer, I certainly didn’t expect Starlink’s beta ToS to include the following provision: “For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith at the time of the Martian settlement.” To be sure, SpaceX might have inserted Clause 9 as another one of Musk’s jokes that aren’t really jokes, like the time he invoked South Park’s infamous underwear gnomes in explaining how he intended to fund his ambitious Mars colonization plans. After all, there are no Starlink satellites orbiting Mars, and no prospective customers there yet, either. But international law is no laughing matter. Taken literally, Starlink users must agree with SpaceX that Mars is a “free planet” and that disputes concerning Starlink services provided on Mars or while en route to the red planet via a SpaceX Starship — will be settled through self-regulation. But is this clause valid? What are the political implications of a transportation company proclaiming the legal status of a celestial body? Does such an attempt make strategic sense?

Five years ago, soon after his nomination as ESA Director General, Jan Wörner announced the concept of a Moon Village as “an environment where both international cooperation and the commercialization of space can thrive”. Today, this concept is more alive than ever and is rapidly moving to its implementation through a series of lunar resources missions planned for as soon as 2021. In line with the spirit of cooperation and sustainability of the Moon Village, this paper addresses how lunar resources activities can become a model for fair and sustainable space exploration through the development of a Social License to Operate (SLO). SLO is defined as the efforts made by a company or entity in order to give back part of the wealth it produces to the community where it operates. On Earth, this is usually done through environmentally friendly practices, information disclosure and a various range of activities aimed at community support such as job creations, educational activities and technology transfer. Mutatis mutandis, current Earth practice on SLO can be implemented in lunar resources activities in order to ensure that they are conducted “for the benefit and interest of all Countries”, as required by Article I OST. Building on the research conducted by the Socio-Economic Panel of The Hague International Space Resources Governance Working Group, this paper explores how the development of a Social License to Operate for Lunar activities can shape a new era of fair and sustainable space exploration. Guided by the principle of adaptive governance, the paper presents the benefits of Lunar SLOs as tailored for the early stages of lunar activities. To this end, Chapter 1 presents the definition of SLO, how it is used on Earth, the experience of some countries, and the way it is granted. Following, Chapter 2 discusses the rationale for implementing SLOs for lunar activities, and how they can contribute to the early development of lunar activities. Based on the above, Chapte

Space resources activities are currently the objective of a thriving, cross-disciplinary, global effort aimed at assessing their role and potential in the future of humankind. New, innovative mission concepts, legal frameworks, and advanced technologies are being actively developed and proposed with the final goal of enabling profitable and efficient space resource utilization. The immediate location for these impacts is the Moon. In sight of this bright cohort of imminent perspectives, it’s imperative for the global community to properly assess the potential effects and consequences of the forthcoming space resources activities, with the goal of including sustainability in the foundations of the ongoing progress and ensuring its enforcement in every future endeavour. Within this context, this paper addresses the topics of Moon mining waste management and a lunar circular economy as key issues in the sustainable utilization of space resources. The most promising technologies are considered for lunar resources extraction and processing - with special focus on water - correlating their waste generation potential to the scale of the efforts implemented and to the projected availability of the resources of interest. Importance is also given to the corollary activities of space mining - such as logistics and transport operations - for their implications in waste management. Protocols and technologies with the lower waste generation potential are identified and further scenarios are elaborated for waste handling, reduction, reuse, and recycle, as well as end-of-life strategies for mining plants. This report’s recommendations are proposed for the development of incremental regulation for waste management, including but not limited to the definition of common areas of non-interest for waste disposal and regulatory obligations for conducting impact assessments before the establishment of mining activities. Please note that the present paper has been developed under the auspi

Space resources activities are currently the objective of a thriving, cross-disciplinary, global effort aimed at assessing their role and potential in the future of humankind. New, innovative mission concepts, legal frameworks, and advanced technologies are being actively developed and proposed with the final goal of enabling profitable and efficient space resource utilization. The immediate location for these impacts is the Moon. In sight of this bright cohort of imminent perspectives, it’s imperative for the global community to properly assess the potential effects and consequences of the forthcoming space resources activities, with the goal of including sustainability in the foundations of the ongoing progress and ensuring its enforcement in every future endeavour. Within this context, this paper addresses the topics of Moon mining waste management and a lunar circular economy as key issues in the sustainable utilization of space resources. The most promising technologies are considered for lunar resources extraction and processing - with special focus on water - correlating their waste generation potential to the scale of the efforts implemented and to the projected availability of the resources of interest. Importance is also given to the corollary activities of space mining - such as logistics and transport operations - for their implications in waste management. Protocols and technologies with the lower waste generation potential are identified and further scenarios are elaborated for waste handling, reduction, reuse, and recycle, as well as end-of-life strategies for mining plants. This report’s recommendations are proposed for the development of incremental regulation for waste management, including but not limited to the definition of common areas of non-interest for waste disposal and regulatory obligations for conducting impact assessments before the establishment of mining activities. Please note that the present paper has been developed under the auspi

The return to the Moon is widely regarded as the next step of space exploration. Fifty years after the first Apollo mission, a renewed interest is fostering large global efforts in pursuing the scientific and economic opportunities offered by cislunar space. The ultimate goal is to establish a sustainable human and robotic presence on the lunar surface as specified in Phase 2 of NASA’s Artemis Program. These perspectives are deeply intertwined with the rapid growth of the private space sector and the arising geopolitical complexities, related to utilisation of outer space among space-faring nations. This study summarises the results and recommendations of the NASA-sponsored Space Exploration Working Group within the Space Generation Congress 2019, organised by the Space Generation Advisory Council in Washington, D.C. The Working Group consisted of 26 delegates from 15 different countries and representatives from NASA Headquarters. The group examined the evolution of lunar exploration in terms of international cooperation, socio-economic and technological challenges, and the inclusion of private industry. This report discusses the political, economic, and technological trade-offs between a multi-agency/multinational monolithic lunar base to multiple lunar bases operated by individual nations. Using the International Space Station as a model for international cooperation, the working group concluded that an initial infrastructure of a single station requiring a collaborative effort between nations and commercial stakeholders is the recommended approach. From this foothold, the presence is expanded to multiple bases with a standardization of planning, building, and operating lunar bases. Strategic recommendations were identified to be addressed to the United Nations and other public/private stakeholders with the vision of a cooperative legal and technical framework as the optimal foundation for a sustainable lunar economy. Recommendations include developing internation

SpaceX makes no secret of its driving goal to make humans a multiplanetary species. Given SpaceX founder Elon Musk’s fixation on Mars and fondness for Tesla ‘Easter eggs’ and other gags, it’s hardly surprising to see Mars mentioned in the terms of service (ToS) agreement for beta users of its Starlink satellite broadband service. However, as a space lawyer, I certainly didn’t expect Starlink’s beta ToS to include the following provision: “For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith at the time of the Martian settlement.” To be sure, SpaceX might have inserted Clause 9 as another one of Musk’s jokes that aren’t really jokes, like the time he invoked South Park’s infamous underwear gnomes in explaining how he intended to fund his ambitious Mars colonization plans. After all, there are no Starlink satellites orbiting Mars, and no prospective customers there yet, either. But international law is no laughing matter. Taken literally, Starlink users must agree with SpaceX that Mars is a “free planet” and that disputes concerning Starlink services provided on Mars or while en route to the red planet via a SpaceX Starship — will be settled through self-regulation. But is this clause valid? What are the political implications of a transportation company proclaiming the legal status of a celestial body? Does such an attempt make strategic sense?

The return to the Moon is widely regarded as the next step of space exploration. Fifty years after the first Apollo mission, a renewed interest is fostering large global efforts in pursuing the scientific and economic opportunities offered by cislunar space. The ultimate goal is to establish a sustainable human and robotic presence on the lunar surface as specified in Phase 2 of NASA’s Artemis Program. These perspectives are deeply intertwined with the rapid growth of the private space sector and the arising geopolitical complexities, related to utilisation of outer space among space-faring nations. This study summarises the results and recommendations of the NASA-sponsored Space Exploration Working Group within the Space Generation Congress 2019, organised by the Space Generation Advisory Council in Washington, D.C. The Working Group consisted of 26 delegates from 15 different countries and representatives from NASA Headquarters. The group examined the evolution of lunar exploration in terms of international cooperation, socio-economic and technological challenges, and the inclusion of private industry. This report discusses the political, economic, and technological trade-offs between a multi-agency/multinational monolithic lunar base to multiple lunar bases operated by individual nations. Using the International Space Station as a model for international cooperation, the working group concluded that an initial infrastructure of a single station requiring a collaborative effort between nations and commercial stakeholders is the recommended approach. From this foothold, the presence is expanded to multiple bases with a standardization of planning, building, and operating lunar bases. Strategic recommendations were identified to be addressed to the United Nations and other public/private stakeholders with the vision of a cooperative legal and technical framework as the optimal foundation for a sustainable lunar economy. Recommendations include developing internation

On October 13th 2020, at the occasion of the 71st International Astronautical Congress, a coalition of 8 Countries including Australia, Canada, Italy, Japan, Luxembourg, the United Arab Emirates, the United Kingdom and the United States of America presented a multilateral document called “The Artemis Accords”. Legally, the Artemis Accords constitute a political commitment towards certain “Principles for Cooperation in the Civil Exploration and Use of the Moon, Mars, Comets and Asteroids for Peaceful Purposes”. Politically, the Accords aim to “operationalize” the norms of the Outer Space Treaty for the development and execution of the Artemis Program. Unsurprisingly, this announcement has raised both appreciation and scepticism, with some States considering to sign the document and some others criticising the process as “too US- centric”. In parallel, the space law community has started to discuss the legal and policy impact of the Accords, with eminent colleagues either speaking in their support or calling for more cautiousness. In this context, this article focuses on the principle of interoperability described in Section 5 of the Accords, discussing its implications on the future of space exploration.

Five years ago, soon after his nomination as ESA Director General, Jan Wörner announced the concept of a Moon Village as “an environment where both international cooperation and the commercialization of space can thrive”. Today, this concept is more alive than ever and is rapidly moving to its implementation through a series of lunar resources missions planned for as soon as 2021. In line with the spirit of cooperation and sustainability of the Moon Village, this paper addresses how lunar resources activities can become a model for fair and sustainable space exploration through the development of a Social License to Operate (SLO). SLO is defined as the efforts made by a company or entity in order to give back part of the wealth it produces to the community where it operates. On Earth, this is usually done through environmentally friendly practices, information disclosure and a various range of activities aimed at community support such as job creations, educational activities and technology transfer. Mutatis mutandis, current Earth practice on SLO can be implemented in lunar resources activities in order to ensure that they are conducted “for the benefit and interest of all Countries”, as required by Article I OST. Building on the research conducted by the Socio-Economic Panel of The Hague International Space Resources Governance Working Group, this paper explores how the development of a Social License to Operate for Lunar activities can shape a new era of fair and sustainable space exploration. Guided by the principle of adaptive governance, the paper presents the benefits of Lunar SLOs as tailored for the early stages of lunar activities. To this end, Chapter 1 presents the definition of SLO, how it is used on Earth, the experience of some countries, and the way it is granted. Following, Chapter 2 discusses the rationale for implementing SLOs for lunar activities, and how they can contribute to the early development of lunar activities. Based on the above, Chapte

The chapter deals with the evolution of the space competence of the European Union and its interpretation. It analyses the complex relation of the EU to the ESA, and presents national legislation of EU member States.

The publication is a result of the work of an international interdisciplinary working group which formulated principles of an international regime which can govern the space resources activities. It has been submitted to the UN Copuos.

The return to the Moon is widely regarded as the next step of space exploration. Fifty years after the first Apollo mission, a renewed interest is fostering large global efforts in pursuing the scientific and economic opportunities offered by cislunar space. The ultimate goal is to establish a sustainable human and robotic presence on the lunar surface as specified in Phase 2 of NASA’s Artemis Program. These perspectives are deeply intertwined with the rapid growth of the private space sector and the arising geopolitical complexities, related to utilisation of outer space among space-faring nations. This study summarises the results and recommendations of the NASA-sponsored Space Exploration Working Group within the Space Generation Congress 2019, organised by the Space Generation Advisory Council in Washington, D.C. The Working Group consisted of 26 delegates from 15 different countries and representatives from NASA Headquarters. The group examined the evolution of lunar exploration in terms of international cooperation, socio-economic and technological challenges, and the inclusion of private industry. This report discusses the political, economic, and technological trade-offs between a multi-agency/multinational monolithic lunar base to multiple lunar bases operated by individual nations. Using the International Space Station as a model for international cooperation, the working group concluded that an initial infrastructure of a single station requiring a collaborative effort between nations and commercial stakeholders is the recommended approach. From this foothold, the presence is expanded to multiple bases with a standardization of planning, building, and operating lunar bases. Strategic recommendations were identified to be addressed to the United Nations and other public/private stakeholders with the vision of a cooperative legal and technical framework as the optimal foundation for a sustainable lunar economy. Recommendations include developing internation

The European Union (EU) civil Earth Observation (EO) programme Copernicus, has positioned itself as one of the largest EO data providers worldwide by providing an answer to strong demand for (environmental) data and information thanks to its open data policy mandated by its regulatory framework. Nevertheless, it has been the target of criticism by some policymakers who argue that rather benefiting Europeans, Copernicus' open data policy impacts negatively in the Union’s competitiveness and furthers the economic interests of US tech giants, such as Amazon and Google. Facing this criticism, the European Commission has evaluated possible modifications on the open data policy pillars “full, free and open” to address emerging economic and technological challenges. This dissertation contributes to this debate by answering the overarching question of whether alterations to the open data policy could be done without hampering Copernicus’ core goals, and whether such alternation would be in compliance with the EU legal framework. Specifically, this dissertation addresses the balancing of the right of access to public information against the economic public interest protection. To do so, firstly, this dissertation explains the legal meaning of the Copernicus’ open data policy pillars: 1) full, 2) free and 3) open within the context of EU law. Secondly, it explains the substantive limits of the open data policy, by examining non-contractual third party liability for the Commission, as well as the lawful exceptions to access to Copernicus data and information. These lawful exceptions are formulated by the Copernicus Regulation 377/2014 and Delegated Regulation 1159/2013 as the “protection of public security” and “international relations interests,” the “protection of privacy” and the “integrity of the Copernicus system”. However, this dissertation goes further by examining other EU law texts on the right of access to public information, such as the Regulation 1049/2001 and its

SpaceX makes no secret of its driving goal to make humans a multiplanetary species. Given SpaceX founder Elon Musk’s fixation on Mars and fondness for Tesla ‘Easter eggs’ and other gags, it’s hardly surprising to see Mars mentioned in the terms of service (ToS) agreement for beta users of its Starlink satellite broadband service. However, as a space lawyer, I certainly didn’t expect Starlink’s beta ToS to include the following provision: “For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith at the time of the Martian settlement.” To be sure, SpaceX might have inserted Clause 9 as another one of Musk’s jokes that aren’t really jokes, like the time he invoked South Park’s infamous underwear gnomes in explaining how he intended to fund his ambitious Mars colonization plans. After all, there are no Starlink satellites orbiting Mars, and no prospective customers there yet, either. But international law is no laughing matter. Taken literally, Starlink users must agree with SpaceX that Mars is a “free planet” and that disputes concerning Starlink services provided on Mars or while en route to the red planet via a SpaceX Starship — will be settled through self-regulation. But is this clause valid? What are the political implications of a transportation company proclaiming the legal status of a celestial body? Does such an attempt make strategic sense?