Search

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]

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]

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]

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]

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]

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]

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]

National Space Laws and Non-Binding International Instruments – The Portuguese Experience: Drafting of national space laws to ensure compliance by States with their international commitments has been a recent trend globally. However, the specific legislative process at each State typically renders those laws lacking in the capacity to suit, in a timely and adequate manner, the innovative and transformative nature of the sector. Regarding the Portuguese Space Law, open-concepts were used and lower level legal frameworks where included, allowing for the necessary flexibility to address the challenges brought on by a technology-based sector, where evolving technical knowhow and third-party standardization is of the essence to ensure the safety and quality of space activities. All while taking into consideration that Portugal is part of the EU and is, thus, subject to EU legislative and policy measures that have a direct impact on space activities and the way in which space activities may end up being regulated in Portugal. [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]

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]

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]

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]

"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]

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]

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]

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]

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]

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]

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 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]

Nandasiri Jasentuliyana Keynote Lecture: "For the Benefit and in the Interests of All Countries, Irrespective of Their Degree of Economic or Scientific Development" This lecture examines the process of space law as it has developed in the past, and takes a perspective on how it stands to develop over the next seventy years. With much written about commercial space and the increased presence of space in the modern media, space has become closer to the people. It delivers indispensable means for communication, navigation and timing services, and important public services such as weather forecasting. It is also a horizon that is open to further scientific research and exploration. This talk highlights some of the future challenges already under discussion today, such as resources mining, space traffic management, and longer-term missions. It examines these within the light of the legal parameters applicable to commercial space, in the framework of general international law, taking into consideration the former experiences in the law of the High Sea and Antarctica. [ABSTRACT FROM AUTHOR]

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

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

Suddenly, Low Earth Orbit is becoming increasingly crowded at an accelerating pace. As the first "megaconstellations" of hundreds and thousands of small communications satellites are being launched into new constellations, there are also a growing number of smaller satellites being launched by newly space-faring nations as well as non-profit institutions. In both cases, there is an urgent need for appropriate global and national legal/regulatory frameworks to support and govern these innovations within the bounds of the Outer Space Treaty. One venerable regulatory institution is addressing these challenges: the International Telecommunication Union (ITU). The ITU's ongoing activities to incrementally prepare a basis in international law to both encourage and regulate these new space innovations quietly establishes a proven model for the world to follow. In 2019, the ITU and its members gathered for its quadrennial treaty conference, the World Radiocommunication Conference (WRC-19), to address, among other items, how to handle the filings for new very large non-geostationary satellite constellations and the growing number of cubesats, which are often launched without adherence to the ITU's Radio Regulations, a treaty instrument on access to radiofrequency spectrum and the orbits. This paper examines how the ITU develops a legal framework to balance the encouragement of innovative space services whilst ensuring that existing international legal norms are observed. In particular, it will provide insights the innovative results achieved by WRC-19. The ITU's longstanding history of successfully facilitating new space technologies is remarkable and offers an often overlooked model for other institutions for adopting space law. [ABSTRACT FROM AUTHOR]

The International Institute of Air and Space Law ("IIASL") at Leiden University in the Netherlands has offered its Master of Advanced Studies in Air and Space Law since 2000. Each year, students from all over the world join this program and engage in an intense year of studies as a highly diverse group in terms of geography, gender, age and background. Legal and policy aspects of space resource utilization ("SRU") forms a prominent part of the teaching program and is run during several consecutive days of teaching activities. After students receive an introductory overview of scientific aspects of SRU, an in-depth overview of relevant provisions of the 1967 Outer Space Treaty and the 1979 Moon Agreement is provided. The Hague International Space Resource Governance Working Group and the 20 'Building Blocks' it adopted in November 2019 is also discussed. Finally, an interactive class exercise is held, whereby three groups of students debate several questions from different perspectives before reporting to the full class. Because students are encouraged to take on the perspectives of various stakeholders, interesting and original views are presented and offer a useful contribution to the international debate on SRU. In this paper, the staff and students of the IIASL explain and assess the interactive and multi-faceted educational method used. The student's approaches to the questions are outlined and the outcome of their discussions are presented. [ABSTRACT FROM AUTHOR]

Nowadays, dramatic advancement in space technologies has impressed all the aspects of human life. The protection of human life in aviation and maritime has firmly tied to precise data and crucial information derived from the Global Navigation Satellite System (GNSS). The present article aims to find a binding solution to ensure the continuity of providing positioning satellite services for aviation and sea navigation for all States. For this purpose, after analyzing the Convention on International Liability for Damage Caused by Space Objects and the Charter on the Rights and Obligations of States Relating to the GNSS Services and the International Convention for the Safety of Life at Sea, this article seeks to address three crucial questions using the qualitative method. First, what are the harmful effects of malfunction and discontinuity of GNSS services on human life? Second, is there any obligatory provision in Space Law instruments that ensures the continuity of obligation to provide GNSS services? Therefore, from the human rights law perspective, this study tries to recognize the provision of GNSS services as a legal obligation of the provider States and prove that all the provider States should not discontinue these services. [ABSTRACT FROM AUTHOR]

The present paper focuses on analysis of international humanitarian law application to space in the light of IHL status as lex specialis due to circumstances of armed conflict and space law status as lex specialis due to area of application. How "non-aggressive" and "non-military" activities correlate to possibility of use of force and recourse to self-defence in space? Shall international humanitarian law norms prevail over regulations under international space law on use of weapons and establishment of semi- and demilitarized zones? Are attacks on space objects, which have plurality of launching states, legitimate? In which cases targeting dual-use space objects is legal? Following answers to these questions the paper draws attention to theatre of war in space area and destruction of space objects in light of damage caused by space debris to space environment. Issues of combatants from civilians distinction among astronauts and obligations on rendering assistance to them are analysed. Based on the done analysis the paper elaborates on proper modes of actions in the situation of international armed conflict in space from the point of view of both, international space and humanitarian law obligations fulfilment. Possibility of non-international armed conflict in space due to plurality of launching states of space objects is presented. Finally, topics for further research are introduced (obligations of neutral parties in control of private national space activities and compensation of damage, caused by space objects, during armed conflict) and conclusions on future development of space related international humanitarian law norms are formulated. [ABSTRACT FROM AUTHOR]

The European Union has turned into a significant player in the area of space activities and this has been accompanied by legislative steps. In 2018, it formulated a Proposal for a Regulation Establishing the Space Programme of the Union and the European Union Agency for the Space Programme which seeks to regulate the governance of the key components of the EU space activities. In parallel, the Union adopted also the Directive No 2018/1972 establishing the European Communications Code, which represents the recent developments in the approach to frequency spectrum applicable also to space communication. It is interesting to see that from the legislative point of view European Union is approaching the regulation of space activities and telecommunication differently. Whereas telecommunication, including space communication, is regulated as a part of the European internal market and the respective procedures are substantially harmonised, space activities are based on the provision of the Lisbon Treaty which expressly prohibits any harmonization of national space laws. The common denominator for both areas is the method to codify a whole package of new and older activities in a single document. [ABSTRACT FROM AUTHOR]

This article aims to provide the European perspective, highlighting the European Space Agency (ESA) procurement framework for regional industrial development as a potential model for the Middle East. Space activities are increasing across the Middle East and many of these countries are members of the World Trade Organization (WTO). This means that they must abide by WTO trade principles including competition rules. However, Middle East countries, especially Gulf countries, have developed national procurement frameworks applicable to the oil and gas industry to protect national industry participation and promote local employment. Similar rules of procurement could be proposed for the space industry in order to develop and secure the space industry in the Middle East region. To balance the criteria of regional preference and WTO competition rules, ESA's industrial space policy could serve as a model for the Middle East. [ABSTRACT FROM AUTHOR]

Artificial intelligence (AI) is increasingly used in space activities. AI employs machine learning techniques, which enable the system to automatically improve its performance by exposure to large amounts of data. Such technological developments entail that space activities will be conducted with increased system autonomy. However, this makes its behavior largely unpredictable, Thus, questions arise on how AI impacts the current system of liability under international space law. This paper submits that cases that require 'fault' of the launching State will become (even) more difficult to handle, in view of the challenges in defining 'fault' and in establishing causal connection between the fault and the damage. Fault may be indicated by non-compliance with established international rules or codes of conduct, by insufficient regard of other States' interests under Art. IX OST, or by unreasonable behavior. These parameters are examined in relation to AI, alongside additional AI-specific factors, e.g. training data. If AI is used to support human decisions through recommendations, then human factors should also be considered, such as appropriate warnings and user-friendly system design. Moreover, explainability of AI decisions is highly desirable, but also hard to materialize owing to the complexity of AI systems. In any case, comparing AI behavior with human behavior should not be excluded, but extreme caution is required. The paper concludes that it is necessary to establish international regulations on space activities, even in non-binding form, and international, performance-based safety standards. Any gaps in victim protection will have to be filled by national legislation and insurance. [ABSTRACT FROM AUTHOR]

The exploration and use of outer space, an area beyond national jurisdiction, is subject to international legal norms: a multilateral effort since more than half a century. However, the pressure on solutions facilitated or enabled by public international law is augmenting, not least because of new space actors, novel ideas to use and explore outer space and the increasingly ubiquitous concern of maintaining the long-term sustainability of spaceflight. Different actors produce standards, best practices, guidelines and other governance tools; beyond COPUOS, various initiatives of different character by industry and other actors have emerged, in particular in the area of sustainable uses of outer space. This article explores the place and effects of normative pluralism and non-legally binding norms of behaviour in global space governance from a perspective of international law. [ABSTRACT FROM AUTHOR]

This paper studies how a new regional approach may enhance legislating or implementing national space laws and regulations through the "National Space Legislation Initiative (NSLI)," which has been implemented under the framework of the Asia-Pacific Regional Space Agency Forum (APRSAF). APRSAF was established in 1993 and has been enhancing space activities and international cooperation in the Asia-Pacific region. The NSLI is a new APRSAF initiative launched in 2019 with a view to effectively studying the status of national space laws in the Asia-Pacific region. It aims to promote information sharing and mutual learning on the practices and examples of national space laws in the Asia- Pacific region. It also aims to enhance the capacity of drafting and implementing national space laws in the Asia-Pacific countries in accordance with international norms, including especially established international law rules. This paper first examines the current situations concerning national space law developments in the Asia-Pacific region and analyses how the NSLI can advance it within the APRSAF framework. In addition to analyzing the NSLI's study reports, the significance and implications of this Initiative will also be stated for the reference and future partnership in other countries and regions. [ABSTRACT FROM AUTHOR]

Jamming and spoofing can pose significant threats to space-based assets and the services provided by them. Global navigation satellite systems (GNSS) are specifically vulnerable in this respect, considering the very low power of their signals and services. Numerous incidents of GNSS jamming and spoofing have already been reported. Cases of jamming are often not intentional and regularly have only short-term and geographically limited impacts. However, there are also intentional cases of jamming and spoofing is intentional by default. Due to their importance for military operations, for critical national infrastructure and key economic sectors, GNSS constitute primary targets of intentional jamming and spoofing. The paper analyses remedies in response to jamming and spoofing under international law as well as aspects of national law in relation to jamming and spoofing of GNSS signals. [ABSTRACT FROM AUTHOR]

In Pakistan, there exists valuable technical and entrepreneurial capability that could be used to take full advantage of space benefits for national economic development. However, the country has not yet become a full spacefaring nation as compared to some other States. At national level, there is a strong realization to uplift national space program and many initiatives are being taken. However, lack of political will, interest in space related public policies are the main hindrances to formulate national space laws. The existing general national laws of Pakistan are somewhat relevant to outer space exploration and use, however, lack in full and systematic support of new developments as compared to various spacefaring nations. These are the challenges that must be addressed by Pakistan in order to legislate and to revisit its present structure, both legislative and decision-making, for outer space activities. This paper critically analyzes the domestic legislative hurdles and challenges with a view of recommending the adoption of relevant national laws and regulations in order to develop and sustain a full space economy as well as to implement Pakistan's international obligations, in line with some other States. [ABSTRACT FROM AUTHOR]

Cyber space is not Outer Space and cyber activities are different to space activities. But where are the dividing lines? Space law applies to cyber activities when they are space activities. This leads to the question how we define space activities in the meaning of the Outer Space Treaty. With increasingly refined space applications, including satellite communication, remote sensing and navigation and networked environments that span from the Earth into Outer Space, space activities need to be defined more precisely. The other term that needs to be defined are cyber activities. They depend on network connectivity and this is the possible connecting point with space activities. However, in a computer networked environment, not every signal that traverses through Outer Space becomes a space activity. Based on the definition of both, space and cyber activities, this article attempts to delineate their intersection for a practicable understanding about when a cyber activity is a space activity. Following this approach, additional terms and concepts in connection with unauthorized cyber activities need to be more precisely distinguished, including jamming, spoofing, interference and attack. More precise definitions are key to the understanding of the concepts and the linkage between cyber and space activities. [ABSTRACT FROM AUTHOR]

The linkages between the two domains of outer space and cyberspace are deepening with the commercialization of outer space and the deployment of an increasing number of satellites delivering communications, navigation, and military services. However, the vulnerabilities stemming from this relationship are yet to be addressed in a comprehensive manner. While there is no policy that specifically addresses this interface, International Space Law can deal with the problems arising in this regard. Article VI of the Outer Space Treaty deals with 'international responsibility'. However, this relationship was not considered when the treaty was drafted back in the 1960s. Cyber-attacks may affect the space assets by interfering with (a) 'flight control' and (b) 'payload control'. While with regard to the former scenario, the launching state may be held responsible for activities that cause damage to the surface of the Earth, in relation to the latter, the provisions of the Outer Space Treaty and the Liability Convention cannot really be invoked. The aim of this research paper is essentially fourfold: (1) provide a background to the interface of the outer space and cyberspace, especially in view of the rise in commercialization; (2) discuss how cyber-attacks affecting space assets may be dealt with under the Outer Space Treaty and the Liability Convention; (3) explore the challenges as regards determination of responsibility in the context of life cycles of the space assets and multiple parties and finally, (4) provide the concluding remarks and suggestions. [ABSTRACT FROM AUTHOR]

The paper analyses existing models for recovery of damage, inflicted to space objects, and addresses major challenges, related to cyber damage: the issue of attribution, procedural issues of cyber damage recovery, possibility to recover space damage, inflicted during an armed conflict. A proposal is made to consider cyber damage as direct damage under space law liability regime and evaluate resulting increase of space debris (damage to space environment) for the purposes of compensation amount. Within responsibility for violation of space law obligations cyber damage may be recovered as the result of violation of control over space objects or as harmful interference with space activities. Violation of due diligence obligation to protect space objects (as cyber threats became more vivid) and use of force by cyber means are basis for cyber damage recovery under general international law. Damage to space objects, inflicted during an armed conflict, is recoverable for violation of principles of distinction, proportionality and precautions in attack. [ABSTRACT FROM AUTHOR]

As the commercial satellite remote sensing has grown to bear the typical features of data industry, the relevance of data law to this industry sector has become apparent. However, the data law differs significantly from one jurisdiction to another. The difference is especially big with regard to the regulation on profiling. Given such feature of data law, it should be crucial that the data law does not undermine the internationally recognised principle of the freedom of remote sensing activities, pronounced in the United Nations Principles of Satellite Remote Sensing. It is the cause of difficulties that the commercial satellite remote sensing faces, because the satellite data most likely threatens the personal privacy when used as part of the "big data" and identifies a person through profiling. One possible solution may be to interpret and implement the data law in a manner that least compromises the principles on satellite remote sensing developed by the space law. Another, more practical solution is to develop private arrangements, requiring the data provider to guarantee compliance with the relevant data law, as well as indicating the standardised conditions for trade in data on the platform. Lawyers should find the way to respect both the space law and data law and ensure that the "free flow of data with trust" is realised for satellite data. [ABSTRACT FROM AUTHOR]

There is currently a gap in space law that has had a detrimental effect on private activity in outer space. Article II of the Outer Space Treaty prohibits appropriation. The Moon Treaty includes a process for overriding that prohibition (an implementation agreement (IA) under Article 11), but most countries have not adopted it because it uses the term "Common Heritage of Mankind". But the CHM has no independent legal meaning; it is whatever the implementation agreement says it is. Both the ban on appropriation and the concerns about the CHM are addressed by the Model Implementation Agreement. Without an IA, everyone fears the worst. But if the specific language of an IA is agreed to beforehand, then countries could adopt the Moon Treaty while being assured that they are protecting their national interests. [ABSTRACT FROM AUTHOR]

This paper attempts to analyse how the law applicable to property rights over various things in outer space should be determined considering the framework of 'jurisdiction and control' provided by international law in the age of settling on the Moon and Mars. This thought experiment reveals current uncertainty and the need to embrace private interests in space law. [ABSTRACT FROM AUTHOR]

The advancing commercialization and democratization of access to space requires a reconceptualization of the foundational principles and values offered by international human rights law (IHRL) to the specific technical, physiological, and legal challenges of outer space. The notion of human rights seeks to establish and safeguard the dignity and value of every human being -- it is inherent, broad, and aims to promote tolerance, equality and respect in reducing conflict across diverse and isolated human communities. Technological advancements have given rise to novel and unanticipated human rights concerns in an era where the development of the law lags behind technology. Human rights offer a multitude of benefits conducive to the advancement of prolonged human habitation and activities in outer space. Determining what novel fundamental human rights are required in the context of space requires and understanding premised upon human dignity, respect, and fairness -- as underpinned by their relation to human health, safety, wellbeing, and dignity. [ABSTRACT FROM AUTHOR]

The planned creation of colonies on said celestial bodies implies the establishment of permanent human communities on them as well as the creation of permanent structures on (or below) their surface. Obviously, this will be a new phase in the context of space use and exploration. Although, in the light of international law and space law, there can be no colonies (in the traditional sense) in outer space, plans for inhabiting the Moon or Mars can be legally justified in the context of the freedom of exploration and use of outer space. However, the spirit and the provisions of the space treaties in force do not seem able to provide a robust legal framework for the creation of such "space communities". Consequently, the adoption of a specific, ad hoc legal framework could substantially facilitate the functioning of permanent space settlements. No one, however, can rule out the prospect of these newly founded communities opting for an independent and autonomous course through the adoption of their own laws. [ABSTRACT FROM AUTHOR]

Moving from the premise that future Moon and Mars settlements shall not take place in a lawless space, this paper addresses the question of how to develop and manage them in accordance with international space law. To this end, it conducts a systematic analysis of the Outer Space Treaty (OST), with the goal of assessing the scope of the freedom to use celestial bodies under international space law. Based on this analysis, and building on the successful experience of the International Space Station, the paper proposes the development of open international settlements made of shared modular facilities. In accordance with the principles of adaptive governance and subsidiarity, the paper argues that the regulation of such settlements should be based on a multi-level framework integrating international recommendations and bilateral arrangements. Under the proposed governance scheme, international recommendations should provide a general framework enabling the development of the settlement, while leaving its management to the mutual agreement of the parties. [ABSTRACT FROM AUTHOR]