1,447 results on '"Space law"'
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2. OUTER SPACE (COSMIC) PRIVATE LAW.
- Author
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M., Myklush
- Subjects
SPACE law ,SPACE industrialization ,CIVIL law ,PUBLIC spaces ,OUTER space - Abstract
The article presents the relevant results of an analysis of the process of regulating private space activities. At the same time, the separate focus is on the development of space law and the main problems that currently exist in space law, including those related to the confrontation between public space law and private space law, for example: regulation of space traffic; determination of ownership of objects obtained as a result of space activities; mining and other aspects of commercialization of space activities. Additionally, a list of the main legal tasks in private space activities that require an early solution is identified, and the steps that have already been taken in this direction are described, namely, new variants of terminology, interpretation, and classification of objects and subjects of space activities, space law, and space legal relations as well as a new theory for determining the legal status of outer space are proposed. In the final analysis, it was concluded that it is necessary to continue research in further formation and improvement of the elements, interpretations, and structure of Space Private Law. To this end, the author proposed an option for further scientific research on the formation of the structure of Space Private Law based on the establishment and definition of the basic principles, concepts, and elements of such law. At the same time, the author identified the main goals, objectives, object, and subject of such research, and also, preliminary, determined the research methodology that is vital to obtain the most effective scientific results. According to the author, the results of the study on the formation of the structure of Space Private Law will be base for future foundations for regulating private space activities and preventing many legal conflicts. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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3. Assessing the Principle of Equitable Access versus Non-Appropriation in the Era of Mega-Constellations.
- Author
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Yang, Kuan and Amongin, Sandra
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SPACE law ,ORBITS (Astronomy) ,INTERNATIONAL law ,TWENTY-first century ,ALTITUDES ,CONSTELLATIONS - Abstract
In the 21st century, mega-constellations and interconnected satellite constellations deployed at various orbital altitudes, such as LEO, MEO, and GEO, with low Earth orbits (LEOs) being the most commonly used, have emerged as a trend, aiming to enhance the productivity and reduce the costs in space service delivery. The UNOOSA has noted the uncertainty in the exact number of satellites but conducted simulations based on a substantial sample, projecting a significant increase from the 2075 satellites recorded in orbit in 2018. This surge in the launch of mega-constellations poses profound challenges to existing international space laws, originally formulated with limited consideration for private space actors, who are increasingly engaging in space activities, particularly with the cost-effective utilization of mega-constellations. This study critically analyzes the compatibility of mega-constellations with the current international space laws by examining the applicability of mega-constellations concerning equitable access and the non-appropriation principle, addressing their potential occupation of substantial orbital spaces during activities, and analyzing whether the acquisition of orbital slot licenses violates these two principles. Following an in-depth analysis, this study proposes recommendations to amend the existing laws, aiming to resolve ambiguities and address emerging challenges. Recognizing the time-consuming process of amending international space laws, this study suggests practical recommendations for supplementary rules of the road, prompting reflection on the potential obsolescence of the current international space laws in the face of evolving space activities. [ABSTRACT FROM AUTHOR]
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- 2024
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4. Obligations and liabilities concerning the active removal of foreign space debris: A global governance perspective.
- Author
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Long, Jie and Huang, Chuying
- Subjects
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SPACE debris , *SPACE law , *OUTER space , *INTERNATIONAL obligations , *TORTS - Abstract
Eliminating space debris in valuable Earth orbits is an urgent challenge for the sustainable development of outer space, and active removal is considered the most effective measure for debris elimination. In terms of legal jurisdiction, any country intending to remove space debris belonging to other countries undergoes a legality review encompassing obligations and liabilities. According to the fundamental principles of international space law, both threatened and capable countries possess the right to actively remove identifiable space debris of foreign nations, subject to strict legal obligations towards the registry country unless authorized by the United Nations, granted an agreement on jurisdiction transfer of debris, or justified by emergency necessity. Moreover, active removal may result in third-party space objects or personnel damage, imposing a substantial liability burden that could restrict space operation. Henceforth, it is imperative to establish a more rational legal regime for space liability allocation purposes. The international community can establish a mechanism for liability sharing and cross-waiver agreements among relevant countries while also considering potential fund establishment, involvement of non-governmental entities in cost-sharing efforts, and promoting commercial recycling initiatives as potentially motivating measures towards active removal. • Existing liability regimes in space law lack flexible mechanisms for sharing the liability of removing space debris. • Excessive international obligations and responsibilities imposed on removal countries discourage their active engagement in removal operations. • An international mechanism facilitating liability allocation negotiations before and after active removal is imperative. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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5. Space Policy and Space Law of Ukraine: 'Relatives' or 'Strangers'
- Author
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Nataliia Malysheva
- Subjects
ukraine ,space policy ,space law ,space strategy ,concept ,national space program ,Law - Abstract
The purpose of this article is to analyze Ukraine’s space policy from the viewpoint of its correlation with space law, to clarify the peculiarities of the respective interaction, its advantages and weaknesses, as well as to develop recommendations for improving the efficiency of space activities using the mechanisms of strategic planning and improving the systemic links between policy and law. The study is carried out in a chronological context: from the collapse of the USSR and the formation of an independent Ukrainian State to the present day, taking into account the dominant trends at each stage. Based on a systematic analysis of political processes and their correlation with law-making and law enforcement mechanisms, the author concludes that the current state of Ukraine’s space activities is in crisis. This situation is largely due to the absence/insufficiency of strategic planning of space activities in Ukraine. Until Ukraine is placed outside the brackets of the world’s space powers, it is necessary to pay serious attention to the development of a doctrine of Ukraine’s space activities with the broad involvement of science. On its basis, having taken into account all economic, political, infrastructural, technological factors, as well as current existential challenges, the Strategy of Space Activities of Ukraine should be elaborated, with a legal component as an organic part of it.
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- 2024
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6. Preventing the Risks of Inadequate Human-Computer Interaction (HCI) Systems in Manned Spacecraft Missions: Toward an International Public Policy Framework Proposal
- Author
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Stefani Stojchevska and Sami Mehmeti
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space law ,hci ,space technology ,public policy ,international regulation ,Law - Abstract
This scientific research paper analyzes the link between space technology and space law through specifically designed Human-Computer Interaction (HCI) systems applied in manned spacecraft missions, notably by the National Aeronautics and Space Administration (NASA). The risk of inadequate HCI systems may lead to a wide range of undesired consequences, including risks of error or failure of mission objectives, wrongly displayed information, unavailable data and confusion of the data presented, this potentially putting astronauts aboard the spacecraft in life-threatening circumstanced within their extraterrestrial working environment. Consequently, the blame is put on the lack of appropriate policies addressing the regulation of space-related HCI systems. Hence, an international public policy framework is proposed in order to ultimately ensure astronauts’ safety in space exploration, as well as minimizing the risk of space-related accidents occurring during manned spacecraft missions.
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- 2024
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7. Legal Nature of Remote Sensing of the Earth from Space
- Author
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Oleksandr Golub
- Subjects
remote sensing of the earth ,legal signs ,space law ,institute of law ,interdisciplinary science ,Law - Abstract
To ensure the proper functioning of Ukraine as a space nation, one of the important factors is the development of domestic legal opinion and legislation on the outlined issue. And if the topic of the formation of space law in Ukraine appears to be more researched, then its direction, such as remote sensing of the Earth from space, requires a more detailed legal analysis and legislative regulation. Evidence of this is the draft Law of Ukraine “On State Regulation in the Field of Earth Remote Sensing,” proposed in 2014, which has not yet been adopted, although its adoption is part of Ukraine’s obligations under the UkraineEU Association Agreement. In such a case, the issue of researching the legal basis of remote sensing of the Earth from space becomes relevant, where the legal nature of this phenomenon is of primary importance.In the course of the conducted scientific research, the following legal features of remote sensing of the Earth from space were proposed: 1) it is a type of information collection based on the method of observation, which is part of such a management function as monitoring; 2) it is the activity on special space systems or their separate elements operation, as well as the accumulation, processing, integration and distribution of relevant data about the Earth; 3) it is a set of space and informational means that are functionally and organizationally interconnected and ensure proper remote sensing of the Earth from space; 4) the main technical means of remote sensing of the Earth are: radars, lidars, laser altimeters, spectrometers, radiometers, accelerometers, rangefinders, echo sounders, scatter meters, etc.; 5) it is a set of legal relations, the object of which is information necessary for the development of many spheres of human activity: meteorology, ecology, nature management, seismology, prevention of emergency situations of natural and man-made origin, agroforestry improvement activities, in the field of security and defense of the country, etc. The subjects of such legal relations are defined as operators, primary subjects of service provision, secondary subjects of service provision, consumers, as well as a set of authorized controlling authorities. The reasons for the emergence of such legal relations, to which the author includes international and domestic normative acts dedicated to the legal regulation of remote sensing of the Earth, are also revealed; 6) it is a comprehensive institution of space law; 7) is an interdisciplinary science that combines scientific developments in the specifics of space meteorology, geodesy, geology, hydrology, oceanology, earth science, etc.
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- 2024
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8. Applications of satellite technologies within China's legal system – A review.
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Zhang, Max, Cao, Xingguo, and Sun, Aidi
- Subjects
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JUSTICE administration , *SPACE law , *COURT system , *MODERN society , *LEGAL evidence - Abstract
In contrast to the rising technological applications of China's satellite systems, their applications and impacts in modern Chinese Society, particularly in the legal and administrative forums, have largely escaped under the radar. Specifically, the use of satellite outputs can now be found within a number of administrative and legal activities within China - including policy and rule-making, administrative investigations, and the production of court evidence. At the same time however, outdated legal practices, ambiguous status, and lack of guidance has prevented China's legal system from fully capitalizing on the advantages of satellite technologies. Therefore, to fill these legislative gaps, this review provides a comprehensive overview on the applications of satellite technologies within China's legal system, and provide important insights as to their current developments, legal framework, and legal issues. Additionally, having identified the aforementioned issues, this paper offers policy recommendations for the purposes of legislation. • Satellite applications in China's policy and rule-making processes. • Investigatory applications of satellite technologies within China's administrative organs. • Emerging evidentiary applications of satellite technologies in Chinese court systems. [ABSTRACT FROM AUTHOR]
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- 2024
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9. From yachts to spacecraft: Legal aspects of space tourism ventures in comparison with the legal regime governing marine tourism.
- Author
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Giannakou, Ms Niki and Gerasimou, Ms Maria Angeliki
- Subjects
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SPACE tourism , *SPACE law , *SPACE trajectories , *HUMAN space flight , *SPACE vehicles , *COMMERCIAL space ventures - Abstract
Until recently space travel was considered a privilege of governmental astronauts, with the exception perhaps of a few billionaire space tourists, who had been accommodated on the International Space Station on some rare occasions. Nonetheless, with major space pioneers announcing plans for space tourism activities and after the successful launch in orbit of space tourism vehicles from the Virgin Galactic and Blue Origin companies, academic interest about human spaceflight for purposes of leisure and recreation has ignited. Taking into account that space tourism is in fact an unregulated activity, this paper will firstly examine whether space tourism activities fall under the scope of space law or under the scope of international air law, depending on the planned trajectory of the space tourism vehicle. Furthermore, the authors will attempt to draw conclusions concerning the legal implications of space tourism activities through a comparative analysis with the 1974 Athens Convention on the Carriage of Passengers and the Carriage of their Luggage by Sea. This international convention provides a great example on the regulation of touristic ventures, as it refers to commercial touristic activities realized within a res communis omnium , i. e., the high seas, similarly with touristic activities in space. Moreover, said Convention provides for a specialized regime for touristic activities and is of particular interest, since it has achieved stability and a desirable balance of interests between private tourism operators and passengers. In this connection, the authors will evaluate the provisions of the 1974 Athens Convention in comparison with the space treaties applicable to space tourism activities. Furthermore, suggestions will be made as to whether it would be appropriate and feasible to introduce in the space law realm certain rules of law similar to those of the 1974 Athens Convention, in order to facilitate growth in the space tourism sector, without compromising the safety of human spaceflight for space passengers. • The 1974 Athens Convention in comparison with the space treaties applicable to space tourism activities. • Legal analogy between space law and maritime law. • Legal regime governing space tourism activities. [ABSTRACT FROM AUTHOR]
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- 2024
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10. Role of emerging nations in ensuring long-term space sustainability.
- Author
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Rathnasabapathy, M., Slavin, M., and Wood, D.
- Subjects
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SPACE law , *SUSTAINABILITY , *OUTER space , *SPACE environment , *SPACE debris , *ARTIFICIAL satellite launching ,DEVELOPING countries - Abstract
Over the past decade, the number of member states in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has risen by 40%. The UNCOPUOS continues to be one of the largest committees in the United Nations, with recent additions representing many emerging space nations including the Dominican Republic, Rwanda, Angola, Guatemala, and Bangladesh, among many others. This paper addresses the role of emerging space nations in updating and refining current policies and norms of behavior related to the long-term sustainability of the space environment. The paper provides examples of the recent implementation of long-term space sustainability design and operational guidelines in the national space strategies of several emerging space nations, highlighting the importance nations give to the development of legal mechanisms to regulate the peaceful use of the space environment. Examples of both national and regional initiatives are presented including Thailand's 2021 Draft National Space Act, aimed at creating a national legal regime and establishing a governmental agency dedicated to developing space policies for the registration of objects launched into outer space and space debris mitigation measures, and the National Space Law Initiative (NSLI) study group consisting of Australia, Indonesia, India, Japan, Malaysia, the Philippines, the Republic of Korea, Thailand, and Vietnam to create a framework that aims to promote information sharing and mutual learning in relation to the participants' respective national regulatory frameworks for long-term space sustainability. More recently, new initiatives have been developed that celebrate the efforts of satellite mission operators with the aim to reduce the likelihood of space debris and collisions among space objects. The Space Sustainability Rating (SSR) was created by the World Economic Forum, the European Space Agency, the University of Texas at Austin, BryceTech, and the Massachusetts Institute of Technology, and is now hosted by the EPFL Space Centre. The SSR is a rating system to assess and recognize missions that are designed to be compatible with sustainable and responsible operations, reducing the potential harm to the orbital environment and the impact on other operators. The SSR comprises six modules aimed at assessing missions for their compatibility with sustainable and responsible operations. This paper specifically focuses on evaluating the Detection, Identification and Tracking (DIT) scores for satellite missions launched by emerging space nations. The DIT module of the SSR serves as a standardized measure for assessing space sustainability. The paper adopts an exploratory multi-case study approach. Through this focused study, the paper identifies barriers and unique challenges emerging space nations face, including experiences of operator organizations, launch options, financial constraints, technical options available, and other relevant factors. • Paper title: Role of Emerging Nations in Ensuring Long-term Space Sustainability. • UNCOPUOS membership rises 40%, highlighting emerging nations in space policy. • Emerging space nations prioritize guidelines for peaceful and sustainable space use. • SSR serves as an effective tool for evaluating space sustainability metrics. • Case study on THEOS, CBERS, and SumbandilaSat reveals barriers for new players. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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11. Space weapons and the increasing militarisation of outer space: Whether the legal framework is fit-for-purpose
- Author
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Pope, Roxanne
- Published
- 2021
12. Artemis accords: A new path forward for space lawmaking?
- Author
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Neef, Rachel
- Published
- 2021
13. Legal challenges of additive manufacturing on the Moon.
- Author
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Li, Du
- Subjects
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LUNAR soil , *SPACE law , *INTELLECTUAL property , *ENVIRONMENTAL protection , *IMAGE registration - Abstract
Additive manufacturing (AM) is promising for supporting sustainable human presence on the Moon as it reduces costs and dependency on the Earth. It has been incorporated into several lunar programs. Nonetheless, AM on the Moon is legally challenging. First, the legal field most challenged by AM is intellectual property (IP) law, and the peculiar location of AM on the Moon complicates the issue. Deciding the State to exercise jurisdiction and extend its IP protection to the Moon encounters difficulties. Second, AM on the Moon is most valuable when it uses lunar regolith as a source of printing material, which may face similar legal problems to in situ resource utilization, including determining the legality of the activity, deciding the State to exercise the jurisdiction and control over it, the protection of the lunar environment, and so forth. Lunar in situ AM using lunar regolith (LISAMUR), meaning using lunar regolith as raw materials to manufacture objects on the Moon through AM technologies, renders these problems more imminent and substantial. The article delves into the two categories of legal issues ignited by AM on the Moon and reveals that three reasons lead to the legal dilemma: the ambiguous terminology of the space treaties, the abstract principles, and the lacunae in space law. It suggests that as international legislation is slow, temporary approaches of coordinating the understanding of critical notions and relevant principles in space law and updating the registration regime through international cooperation on multilateral platforms would be more viable for coping with the legal challenges of AM on the Moon. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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14. Navigating AI-lien Terrain: Legal liability for artificial intelligence in outer space.
- Author
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Graham, Thomas, Thangavel, Kathiravan, and Martin, Anne-Sophie
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DEEP learning , *OUTER space , *ARTIFICIAL intelligence , *LEGAL liability , *SPACE law , *MACHINE learning - Abstract
Advances in artificial intelligence (AI) and automated robotics will profoundly influence space operations. By utilising machine learning and deep learning approaches, AI-enabled systems may accomplish tasks as well as improve their own performance. These capabilities are useful in the often-remote settings of outer space and will grow in value as automated space operations become more widespread. As AI extends throughout the space domain, automated algorithms will take on many of the roles that have historically been handled by humans. Artificial intelligence is progressing from theory to implementation in the space environment by exposing new satellites and orbital autonomous vehicles to new data. Even though all initial computational parameters are provided, such systems' outputs can be very unpredictable, putting people, property, and the environment at risk. This paper investigates the application of United Nations space treaties, selected regional AI regulations, and various 'soft-law' instruments and industry initiatives focusing on responsible AI system development to space-based AI systems. Following that, reforms are proposed to clarify the practical relationship between AI systems and the international legal regime that governs space, as well as a 'bottom-up' regulatory approach to better facilitate the future development of regulation governing the use of AI by the global space sector. While this work does not purport to provide a conclusive resolution to these multifaceted matters, its objective is to underscore significant obstacles that arise at the convergence of space law and AI, serving as a preliminary foundation for subsequent discussions on this issue. • Advances in AI and automated robotics will have a profound impact on space operations. Automated algorithms will take on roles traditionally handled by humans as AI becomes more widespread in space. • However, the unpredictable outputs of AI systems can put people, property, and the environment at risk, raising questions about liability. • The paper investigates the application of UN space treaties, regional AI regulations, and industry initiatives to space-based AI systems. • Reforms are proposed to clarify the relationship between AI systems and the international legal regime governing space. • A 'bottom-up' regulatory approach is suggested to facilitate future regulation of AI in the global space sector. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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15. The importance of the space force: Where strategic doctrine meets grand strategy.
- Author
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Colucci, Lamont C. and Fulmer, Colonel J. D.
- Subjects
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SPACE law , *NATIONAL security , *INTERNATIONAL conflict , *MILITARY policy - Abstract
This article demonstrates the importance, roles, and responsibilities of the United States Space Force. It focuses on the need for its creation and its role as the fundamental lynchpin to American national security and prosperity now and in the future. The road ahead can only be successful while working with America's allies and ensuring that there are norms and rules of civilized behavior in, from, and to space. The authors propose 11 enduring principles for the Space Force that interconnect and enhance American grand strategy while dealing with potential adversaries and the need to bond this mission to the American public. [ABSTRACT FROM AUTHOR]
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- 2024
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16. Intellectual Properties Derived in Space Exploration: Issues and Scopes.
- Author
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Saikia, Koushik and Deb, Pritam
- Abstract
Intellectual Property Rights (IPRs) encourage creators by providing legal protection to their creations and by giving scope to make monetary profit. Even though most of the human endeavours and creative fields have recently fallen under the purview of intellectual property rights, space exploration, a significant area of human exploration, remains in direct conflict with IPR regulations. The lack of a legal IP regime for developed space technologies hardly encourages investors to invest the required large sums in such endeavors. It is acknowledged that the Space Treaty of 1967 places limitations on the creation of territorial intellectual property laws for space exploration; nonetheless, agreements like the Convention on the High Seas-1958 and the Registration Convention-1975 provide some avenues for achieving this. The paper examines the current state of space intellectual property regulations and puts forward some propositions on how this issue can be resolved. The paper also engages a study on India's response for adopting a Space IP Bill and highlights how this bill ignores about the IP rights of space agencies and other private investors while adhering to the Space Treaty's regulations and prioritizing national security concerns. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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17. PRIVATE INTERNATIONAL LAW AND THE NEW FRONTIER: NAVIGATING LEGAL CHALLENGES IN SPACE.
- Author
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Aloamaka, Patrick Chukwunonso, Kore-Okiti, Ejiro Tessy, and Udo, Edidiong Jacob
- Subjects
CONFLICT of laws ,SPACE law ,SPACE exploration ,LEGAL norms ,DISPUTE resolution - Abstract
The exploration of outer space has ushered in a new era of challenges for international law, particularly in the realm of Private International Law (PIL). As the space industry continues to evolve, it is imperative to assess how PIL can effectively address these emerging legal complexities. This research employs the doctrinal method to critically analyse the existing framework of space law, exploring the historical and theoretical foundations of PIL in the context of space activities. It highlights the need for adaptation and innovation in legal norms to ensure the regulation of activities beyond Earth's boundaries. Examining international agreements and conventions governing space endeavours, this study identifies gaps in the legal landscape, particularly concerning liability issues, resource extraction, and dispute resolution mechanisms. In conclusion, this research calls for a comprehensive review of PIL in the context of space exploration, advocating for adjustments to existing legal instruments to accommodate the unique challenges posed by the new frontier. [ABSTRACT FROM AUTHOR]
- Published
- 2024
18. Safe space?
- Subjects
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SPACE race , *SPACE law , *OUTER space , *SPACE industrialization , *INTERNATIONAL law - Abstract
The article discusses the inadequacy of current international space law in addressing the challenges posed by the growing private spaceflight industry. The Outer Space Treaty of 1967, which states that only states can be responsible for space activities, does not account for non-governmental entities like SpaceX. The US government, where SpaceX is based, has delegated responsibility for safety concerns to the company itself. However, this arrangement may change as the learning period, which prohibits the Federal Aviation Administration from regulating the safety of private astronauts, is set to expire in 2025. Another issue that needs attention is the lack of regulations on the number of satellites in orbit, particularly those launched by SpaceX, which could interfere with astronomical observations. The article suggests that a revision of the Outer Space Treaty is necessary to address these modern challenges. [Extracted from the article]
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- 2024
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19. The effectiveness of the Rome II Regulation in identifying orbital pollution as an environmental damage
- Author
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Stefani Stojchevska, Sami Mehmeti, and Vedije Ratkoceri
- Subjects
environmental damage ,orbital pollution ,rome ii regulation ,space law ,international private law ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Besides the numerous benefits offered by outer space, manned spaceflight has lead to some negative effects manifested by various forms of pollution when introducing terrestrial substances and materials. Considering the Rome II Regulation, Article 7 applies in cases of non-contractual obligations arising out of environmental damage or damage sustained by persons or property as a result of such damage. Giving particular emphasis on space-faring member states of the European Union and the European Space Agency in regards to the damage and/or the event giving rise to it may occur within an extraterrestrial environment, Rome II does not theoretically grasp the notion of orbital pollution due to it not being identified as an “environmental damage” in any legal source. When attempting to identify orbital pollution as an environmental damage by drawing a parallel to Rome II, two elements are analyzed: (a) specific Earth-orbits polluted with orbital debris; and (b) potential damages to persons and spacecrafts resulting from spacefaring nations’ failure to mitigate domestic orbital debris; this critical analysis, hence, examines whether Rome II does justice for extraterrestrial environmental damages and further argues that the extraterrestrial environment – along with persons and property within – is just as equally endangered as the terrestrial environment.
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- 2023
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20. Satellite Navigation in Ukraine: Legal Frameworks and Implications for Space Security
- Author
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Inesa Kostenko
- Subjects
satellite navigation ,ukraine legal frameworks ,global navigation satellite system (gnss) ,space law ,national security ,Law - Abstract
This article provides a comprehensive analysis of Ukraine’s satellite navigation development, focusing on the evolution of its legal frameworks in the context of ongoing regional conflict. It examines historical and current aspects of Global Navigation Satellite System (GNSS) development in Ukraine, highlighting the intersection of technological innovation, international cooperation, and Ukraine’s role in global space initiatives. Special attention is paid to the 2023 bill “On State Regulation in the Sphere of Satellite Navigation,” emphasizing its critical role in national security and defense. The article underlines the need for robust legal and regulatory structures, professional expertise, and public-private collaboration to adapt to rapid industry changes and integrate effectively into the global space market.
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- 2023
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21. Collective Security Crisis: Challenges to Space Law and Space Security
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Larysa Soroka
- Subjects
collective security ,space security ,crisis ,risks ,space law ,national security ,global security ,Law - Abstract
The article focuses on the presence of real risks to sustainable development, which manifest in the everyday reality of today. Attention is drawn to this issue in the context of the privileged position of certain states over others, enabling them to advance the concept of “war and peace” in their favor. Evidence is presented to confirm the lack of security guarantees even when adhering to international norms and having official agreements. The problems of state monopolies and individual private entities violating the principle of equality are outlined. The consequences of this phenomenon are demonstrated in the context of regulating outer space. Other challenges for ensuring collective security are characterized through the lens of the absence of sovereignty of any country within the confines of outer space. Various conflict resolution options for violations of rules or the order of space activities are identified, emphasizing the need to develop new rules for space flights and stay on space objects, followed by the implementation of different standards of behavior in space. The overall coherence of the material is achieved through the cumulative use of fundamental research methods such as analysis, argumentation, and presentation of evidence.
- Published
- 2023
- Full Text
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22. Long-Term Sustainability of Outer Space Activities and Space Traffic Management
- Author
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Olga Stelmakh-Drescher
- Subjects
space sustainability ,space traffic management ,space environment ,space debris ,space law ,space policy ,Law - Abstract
This research addresses the critical importance of long-term sustainability and coordinated management of space traffic in the era of rapidly increasing space activities. It focuses on the necessity for globally coordinated action and robust legal frameworks to ensure operational, feasible, and enforceable space sustainability and traffic management strategies. The discussion highlights the environmental, ethical, and economic challenges posed by space debris and the proliferation of space activities. It also examines key initiatives and guidelines for space sustainability and traffic management, including the roles of space situational awareness (SSA) and the integration of SSA capabilities with effective space traffic management (STM). The presentation emphasizes the urgency of promoting environmentally responsible behaviors and sustainable practices in space activities, advocating for a future-focused approach that balances current needs with the preservation of outer space for future generations.
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- 2023
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23. Globalization and AI Data Gathering in/from Outer Space: Building upon Lessons Learned at the European Level
- Author
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Anthi Koskina and Konstantinos Galinas
- Subjects
space law ,artificial intelligence ,satellite data collection ,globalization of data ,space policy ,Political science ,Jurisprudence. Philosophy and theory of law ,K201-487 - Abstract
Based on the growing use of Artificial Intelligence (AI) ‒capable of gathering an unlimited (in amount and content) number of data, improving its functioning and simplifying tasks‒, humanity appears to be in the midst of a fourth technological revolution. When such activity is conducted in outer space i.e., by fifth generation observation satellites (Fu W. et al. 2020) using AI, capabilities are strongly optimized; however, the activity also seems to pose serious threats to privacy and to industrial or national secrets. As a response to this challenge, AI data gathering on Earth is subject to specific frameworks protecting privacy, both at the upstream and downstream ends, such as in the case of the EU. Unfortunately, the rules established therein do not seem to be wholly applicable to AI data gathering in/from space, mainly due to the fundamental freedom to conduct space activity. As a choice must be made between competing interests, this article aims at discussing some of the elements that should be considered, when debating on a legal framework potentially applying to space AI data gathering; to avoid conduct of said activity only to the benefit of a few stakeholders against the background of an emerging regime of techno-feudalism.
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- 2023
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24. Does astrobotany help future space exploration efforts?
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Rasmussen, Kai, Dahl, Shawn, Freeland, Steven, Rickman, Emily, Wurster, James, Melvin, Leland, and Greene, Brian
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SPACE exploration ,OUTER space ,INTERSTELLAR medium ,SPACE law ,SPACE debris ,SPACE environment ,STARS - Abstract
Astrobotany is seen as crucial for future space exploration, particularly in terms of providing food for extended space missions. While plants may not be relied upon for oxygen production due to the lack of precision and reliability, they can supplement caloric intake and contribute to astronauts' mental health. Sustainable plant growth in space can also reduce the need for resupplies and support long-term missions. Additionally, international laws and treaties govern responsible behavior in space, including liability for space debris. The interstellar medium provides the raw materials for new stars to be born, and shock waves trigger the collapse of molecular-rich gas and dust clouds, leading to the formation of new stars. Spaceflight experiences can be transformative for astronauts, fostering collaboration and a broader perspective on humanity. The study of black hole mergers has advanced significantly in recent years, with the detection of gravitational waves and the use of telescopes. Understanding black holes and quantum mechanics is expected to revolutionize our understanding of the universe. [Extracted from the article]
- Published
- 2024
25. Army Space Policy: Past, Present, and Future.
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Dean, S. Lacey
- Subjects
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SPACE law , *SOLID propellants , *INTERSERVICE rivalry (Armed Forces) , *CIVIL-military relations , *BALLISTIC missile defenses , *SITUATIONAL awareness , *AIR warfare - Abstract
This article provides an overview of the past, present, and future of the U.S. Army's space policy. It traces the evolution of the Army's involvement in space operations since launching its first satellite in 1958. The article emphasizes the importance of updating and improving the Army's space policy to adapt to changing circumstances. It also discusses the challenges and contributions of the Army in space initiatives throughout history. The article concludes by urging the Army to create a more clear and flexible space policy that aligns with its mission and can adapt to the evolving space environment. [Extracted from the article]
- Published
- 2024
26. THE PROVINCE OF ALL MANKIND.
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JOHNSON, KHARI
- Subjects
SPACE law ,SPACE debris ,NATURAL satellites ,LEGAL education ,HUMAN beings ,RADIO frequency allocation ,EARTH'S orbit - Abstract
This article provides an overview of space law, with a focus on the Outer Space Treaty and the rise of SpaceX. It emphasizes the necessity for more international agreements to regulate space activities and prevent conflicts. The article also discusses the Manfred Lachs Space Law Moot Court Competition, following a team of law students from Zimbabwe as they prepare for the competition and learn about space law. The team unexpectedly wins the regional round and gains recognition, highlighting the significance of space law and the importance of diverse perspectives in the field. [Extracted from the article]
- Published
- 2024
27. Legal considerations on a regional security organization for planetary defence.
- Author
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Stipsits, Stephanie
- Subjects
- *
REGIONALISM (International organization) , *SPACE law , *OUTER space , *INTERNATIONAL organization , *PRIVILEGES & immunities (Law) - Abstract
Under the UN-Charter system, the maintenance of international peace and security is traditionally the primary responsibility of the UN Security Council as set forth in Chapter VII. Since the Security Council's competence for dealing with matters of international peace and security is not exclusive, other international bodies may take a role in addressing threats emanating from outer space. A regional security organization for planetary defence can be established under Article 52 UN-Charter and may provide for an alternative forum to decide upon the necessary steps for Near Earth Object (NEO)-deflection missions. The international legal personality of an international organization for planetary defence leads to the capacity of entering into treaties, the international responsibility for acts and omissions attributed to it and the enjoyment of privileges and immunities. Such organization can also declare acceptance of the UN Space Treaties. • The decision-making process of a regional security organization for planetary defence creates synergies with the functions of the Security Council. • Outer space can be understood as "region" in the sense of Art. 52 UN-Charter. • NEO-threats are matters relating to the maintenance of international peace and security. • A regional security organization for planteray defence may incur international legal personality. • Such organization can be subject to international space law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. THE LAWS OF SPACE WARFARE: A TALE OF NON-BINDING INTERNATIONAL AGREEMENTS.
- Author
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TEPPER, EYTAN
- Subjects
- *
SPACE warfare , *SPACE law , *MILITARY astronautics laws , *INTERNATIONAL law , *LEGAL pluralism , *CYBERSPACE operations (Military science) - Abstract
This Article presents the in-progress development of the laws of space warfare as a case of non-binding international lawmaking and connects it to recent scholarship on non-binding international agreements and to Elinor Ostrom's Nobel Prize winning theory of polycentric governance. A rapid escalatory cycle--from NATO's December 2019 declaration of space as a warfighting domain and the subsequent establishment of the U.S. Space Force to Russia's successful test of a killer satellite capable of destroying spacecrafts, culminating in the first space-cyber war in Ukraine--turned a domain once reserved for peaceful purposes to a war zone. Yet, these laws of war are the least developed compared to the other war domains (land, sea, and air). The under-supply of rules meets a multilateral system almost incapable of adopting new legally binding instruments. Is space on its way to becoming a lawless war arena? This Article suggests otherwise. With no new treaty expected in the foreseeable future, the laws of space warfare are incrementally developed by multiple off-UN forums that introduce nonbinding instruments and agreements. While the lack of a comprehensive approach and legally binding status may cause concern, this Article suggests that this is the best course of action to develop the corpus juris of space warfare under the conditions of modern global affairs, based on empirically backed principles of polycentric governance. In terms of policy recommendations, this Article suggests policymakers embrace a polycentric approach and divert governance-building efforts to support initiatives to introduce non-binding rules and agreements. These may complement binding law and create, in the aggregate, a more comprehensive array of rules for space warfare. The Article further suggests membership and compliance as more suitable tests for international agreements than bindingness and proposes that, because non-binding international agreements complement legally binding treaties, they are within the compound of international law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
29. The Moon needs an international lunar resource prospecting campaign.
- Author
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Neal, Clive R., Salmeri, Antonino, Abbud-Madrid, Angel, Carpenter, James D., Colaprete, Anthony, Hibbitts, Karl A., Kleinhenz, Julie, Link, Mathias, and Sanders, Gerald
- Subjects
- *
SOLAR system , *MOON , *PROSPECTING , *SPACE exploration , *SOLAR cells , *LUNAR surface , *LUNAR craters - Abstract
The Moon is a highly valued destination for human space exploration because it is close and it contains a wide array of lunar and Solar System science targets, which include resources that could be used to sustain humans on the lunar surface. These resources have the potential to enable sustainable human space exploration, develop a vibrant cislunar economy, and directly benefit society here on Earth. However, recent rhetoric about the importance and value of these resources has used the term as if we know they are reserves. An immediate and vital next step has not yet been realized to define the reserve potential of such resources, and that is designing and implementing a coordinated international lunar resource evaluation (prospecting) campaign. This paper outlines the issues that need to be addressed by such a campaign, including why it needs to be international in nature and how the coordination can be started and evolved, as well as exploring the benefits that would come from prospecting on the Moon. • A distinction between lunar resources and lunar reserves is defined. • Roadblocks in the in-situ resource value chain are highlighted. • Reserve potential of lunar resources requires a coordinated prospecting campaign. • The prospecting campaign must be international due to the scale of the task. • Coordination can start at the grassroots level with current and scheduled missions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. Diplomatic, geopolitical and economic consequences of an impending asteroid threat.
- Author
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Jamschon Mac Garry, Laura, Albrecht, Rudolf, and Camacho-Lara, Sergio
- Subjects
- *
ECONOMIC impact , *OUTER space , *GEOPOLITICS , *LEAD time (Supply chain management) , *SPACE law , *ASTEROIDS - Abstract
The Planetary Defense Conference 2023 addressed an asteroid threat scenario as difficult to confront. This article examines potential actions of relevant stakeholders, including States, the International Asteroid Warning Network, the Space Mission Planning Advisory Group, Committee on the Peaceful Uses of Outer Space, and the United Nations Security Council. To that effect, different sources are taken into consideration in this analyisis, such as the legal international framework, the practice of States in multilateral fora and the opinion of scholars. The conclusions shed light on the challenges that the international community will have to face and proposes a preventive approach to mitigate the impact of such a potential catastrophe. • The impact of a huge asteroid would have catastrophic consequences on Earth. • Deflection would be difficult or impossible with a 12.5-year lead time. • Several issues would play out within the international scientific community. • Legal, social and economic aspects that governments will address are presented. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. The Architecture of Authority in Global Space Governance: The Moon Agreement as a Deconflicting Mechanism of Space Activities.
- Author
-
MANOLI, MARIA
- Subjects
- *
SPACE law , *NETWORK governance , *SPACE (Architecture) , *PRIVATE property , *OUTER space , *SPACE industrialization - Abstract
Traditionally, the governance of outer space and the regulation of space activities have been State-centred. During the last decade, however, global space governance has been characterized by the influx of private space actors with the capacity to influence the political decision-making and regulatory scenes. This has led to laws and policies that seek to transform the status of outer space from one beyond property and sovereignty to one subject to territorial dynamics, such as through the institution of private property. Within this context, this article investigates the production of authority in modern global space governance and presents the power of private space actors at the root of such authority. At a second level and recognizing the importance of all space actors, including private actors, the article argues for the establishment of a pluralistic legal order for space activities, harmonizing the traditionally State-centred space law framework with the modern needs of the space industry that bring private actors to the fore. The article suggests the Moon Agreement as a tool for inspiration towards the construction of such a framework. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
32. The establishment of the priority right in space resources activities.
- Author
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Wang, Guoyu and Huang, Xinyi
- Subjects
- *
EXTRATERRESTRIAL resources , *SPACE law , *RESOURCE exploitation - Abstract
• The Common Heritage of Humankind principle is the jurisprudential basis of priority rights. • Two aspects of priority right: priority right to mine/recover, priority right to the abstracted resources. • Considering share conversion, transition of priority right. • The implementation of rights should be considered on a case-by-case basis. • Considering investment and contribution of each actor and the principle of balanced interests as main factors. The commercial exploitation of space natural resources is becoming feasible, however, there's no specific and practicable international regime of space resources activities in lex lata yet. One of the to-be-settled key issues is how to confirm the right over the prospected or abstracted resources to the relevant space actors. The "Building Blocks for the Development of An International Framework on Space Resource Activities" drafted by the Hague International Space Resources Governance Working Group in 2019 provides the concept of priority right to space resources, which leads to a hot international debate. The common heritage of humankind principle in lex ferenda should be served as the jurisprudential basis of priority rights to space resources. The space law in future should not adopt the concept of priority right to seek for or prospect space resources. Priority right should include two aspects: priority right to mine/recover and priority right to the abstracted resources. In the process of designing this priority right, the specific mechanisms like share conversion, transition of priority right should be considered. There could be more than one state or space actor who have priority right to various extent and in different stages in context of the exploitation of the same resources, and the allocation of priority rights and the approaches to implement these rights should be considered on a case-by-case basis, according to the extent of the investment and contribution of each actor and the principle of balanced interests from the international perspective. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. STARLINK'S PROVISION OF TELECOMMUNICATION SERVICES DURING THE TIME OF ARMED CONFLICT AND ITS CONSEQUENCES FROM THE PERSPECTIVE OF PUBLIC INTERNATIONAL LAW.
- Author
-
Gerałt, Bartłomiej
- Subjects
SPACE law ,TELECOMMUNICATION - Abstract
Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego 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.)
- Published
- 2024
- Full Text
- View/download PDF
34. EU Space Doctrine -- Sustainable Development or a New Arms Race.
- Author
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Soroka, Larysa and Danylenko, Anna
- Subjects
SUSTAINABLE development ,SPACE law ,NATIONAL security ,PUBLIC relations - Abstract
Strategic documents of the European Union (EU) in the space sphere are analyzed in this Article. It is concluded that despite the active use of the "space doctrine" concept in the EU, regulating public legal relations through the establishment and adoption of the corresponding branch doctrine it is not an ongoing practice. The author substantiates the view that the "space doctrine" concept is not sufficiently studied today. Despite the claim that the term "doctrine" is of military origin, security and defense doctrine can be a tool of command, of education, or transformation. The dialectic-materialistic method of cognition was used as a general scientific method, which enabled to carry out a comprehensive scientific analysis of doctrinal provisions in the development of the concept of the EU space doctrine, which is proposed to be used as a unifying term for the latest European acts in the field of space security and defense. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. Preventing the Risks of Inadequate Human-Computer Interaction (HCI) Systems in Manned Spacecraft Missions: Toward an International Public Policy Framework Proposal.
- Author
-
Stojchevska, Stefani
- Subjects
HUMAN-computer interaction ,SPACE vehicles ,ASTRONAUTICS ,SPACE law - Abstract
This scientific research paper analyzes the link between space technology and space law through specifically designed Human-Computer Interaction (HCI) systems applied in manned spacecraft missions, notably by the National Aeronautics and Space Administration (NASA). The risk of inadequate HCI systems may lead to a wide range of undesired consequences, including risks of error or failure of mission objectives, wrongly displayed information, unavailable data and confusion of the data presented, this potentially putting astronauts aboard the spacecraft in life-threatening circumstanced within their extraterrestrial working environment. Consequently, the blame is put on the lack of appropriate policies addressing the regulation of space-related HCI systems. Hence, an international public policy framework is proposed in order to ultimately ensure astronauts' safety in space exploration, as well as minimizing the risk of space-related accidents occurring during manned spacecraft missions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. Perspectives of Global Digital Governance for Space Exploration.
- Author
-
Levchenko, Diana
- Subjects
SPACE exploration ,ECONOMIC development ,NATIONAL security ,SPACE law ,INFRASTRUCTURE (Economics) ,ENVIRONMENTAL responsibility - Abstract
The article reveals the latest perspectives of global digital governance for space exploration. Approaches to the formation of a general concept of global digital governance, which is focused on ensuring security, stability and inclusiveness in the digital space, are analysed. It was revealed that the formation of a model of global digital governance is characterized by certain trends that reflect the aspirations of states to ensure national security, technological leadership and economic growth. The key trends in the formation of digital governance have been identified. The importance of global digital governance for space law is determined. The main possibilities of global digital governance for space exploration are highlighted: development of international coordination and cooperation; ensuring security and infrastructure protection; development of technological innovations; expansion of economic opportunities and inclusiveness; development of science and education in the field of space law; guaranteeing environmental responsibility. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
37. Space and National Security: Points of Interaction, Opportunities and Issue of Priority.
- Author
-
Neskorozhenyi, Volodymyr, Zakharov, Volodymyr, and Slyusarenko, Alexander
- Subjects
NATIONAL security ,SPACE law ,ASTRONAUTICS ,MILITARY intelligence ,EXTRATERRESTRIAL resources ,GEOPOLITICS - Abstract
The article reveals the importance of space for national security. The points of interaction between space activities and national security are identified, which reflect the growing importance of outer space for ensuring the security of States and emergency management, the growth of international cooperation in the field of space technologies. The newest possibilities of space to ensure national security (warning and military intelligence systems; communication systems and means of coordination; systems of space monitoring of the environment and resource management; systems of border and maritime surveillance; development of other technologies; development of global cooperation) are revealed. The problems of ensuring the priority of national security in the use of space resources have been formed, with the formation of a global strategy that geopolitical stability and prevention of the militarization of space should become key aspects for ensuring the national security of any State. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
38. Legal Nature of Remote Sensing of the Earth from Space.
- Author
-
Golub, Oleksandr
- Subjects
REMOTE sensing ,LEGAL opinions ,SPACE law ,DATA integration ,EARTH (Planet) - Abstract
To ensure the proper functioning of Ukraine as a space nation, one of the important factors is the development of domestic legal opinion and legislation on the outlined issue. And if the topic of the formation of space law in Ukraine appears to be more researched, then its direction, such as remote sensing of the Earth from space, requires a more detailed legal analysis and legislative regulation. Evidence of this is the draft Law of Ukraine "On State Regulation in the Field of Earth Remote Sensing," proposed in 2014, which has not yet been adopted, although its adoption is part of Ukraine's obligations under the Ukraine- EU Association Agreement. In such a case, the issue of researching the legal basis of remote sensing of the Earth from space becomes relevant, where the legal nature of this phenomenon is of primary importance. In the course of the conducted scientific research, the following legal features of remote sensing of the Earth from space were proposed: 1) it is a type of information collection based on the method of observation, which is part of such a management function as monitoring; 2) it is the activity on special space systems or their separate elements operation, as well as the accumulation, processing, integration and distribution of relevant data about the Earth; 3) it is a set of space and informational means that are functionally and organizationally interconnected and ensure proper remote sensing of the Earth from space; 4) the main technical means of remote sensing of the Earth are: radars, lidars, laser altimeters, spectrometers, radiometers, accelerometers, rangefinders, echo sounders, scatter meters, etc.; 5) it is a set of legal relations, the object of which is information necessary for the development of many spheres of human activity: meteorology, ecology, nature management, seismology, prevention of emergency situations of natural and man-made origin, agroforestry improvement activities, in the field of security and defense of the country, etc. The subjects of such legal relations are defined as operators, primary subjects of service provision, secondary subjects of service provision, consumers, as well as a set of authorized controlling authorities. The reasons for the emergence of such legal relations, to which the author includes international and domestic normative acts dedicated to the legal regulation of remote sensing of the Earth, are also revealed; 6) it is a comprehensive institution of space law; 7) is an interdisciplinary science that combines scientific developments in the specifics of space meteorology, geodesy, geology, hydrology, oceanology, earth science, etc. Based on the selected features, the author's definition of the concept of remote sensing of the Earth from space is formulated in the work. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
39. The Effect of Space Launches on Climate: A Legal and Policy Perspective.
- Author
-
Agrawal, Rachita
- Subjects
SPACE launch industry ,ENERGY industries ,CLIMATE change mitigation ,SPACE law ,ENVIRONMENTAL justice - Abstract
Energy production, transportation, and industrial operations, which have higher carbon footprints, are frequently the focus of climate change mitigation measures. It is important to keep in mind that the processes involved in outer space launch operations, such as manufacturing, shipping and infrastructure construction have environmental impacts as well. It is critical to take into account the possible effects of space launches on the Earth's climate from a legal and regulatory perspective as the space industry is expanded rapidly. When rocket propellants burn, carbon dioxide (CO
2 ) and harmful gases are released into the atmosphere, which contributes to greenhouse gas emissions from space launches. This research paper in Part II elaborates on human rights perspective to climate change. Part III investigates the influence of outer space activities on climate. In Part IV, the evaluation of the disproportionate effects of space launch emissions on marginalised and vulnerable populations is discussed, with an emphasis on the concepts of climate justice and equity. Part V conducts a study of national laws, international environmental treaties, space law and policy procedures asserting liability and determining compensation for potential climate damage resulting from space launch activities. Part VI proposes establishment of specific liability frameworks and policy considerations through international cooperation for space launch operations liable for any negative climate repercussions along with incentivizing sustainable propulsion technologies and supporting green infrastructure. [ABSTRACT FROM AUTHOR]- Published
- 2024
- Full Text
- View/download PDF
40. Space Policy and Space Law of Ukraine: "Relatives" or "Strangers".
- Author
-
Malysheva, Nataliia
- Subjects
SPACE law ,CHRONOLOGY ,POLITICAL opportunity theory ,INFRASTRUCTURE (Economics) ,ECONOMIC impact - Abstract
The purpose of this article is to analyze Ukraine's space policy from the viewpoint of its correlation with space law, to clarify the peculiarities of the respective interaction, its advantages and weaknesses, as well as to develop recommendations for improving the efficiency of space activities using the mechanisms of strategic planning and improving the systemic links between policy and law. The study is carried out in a chronological context: from the collapse of the USSR and the formation of an independent Ukrainian State to the present day, taking into account the dominant trends at each stage. Based on a systematic analysis of political processes and their correlation with law-making and law enforcement mechanisms, the author concludes that the current state of Ukraine's space activities is in crisis. This situation is largely due to the absence/insufficiency of strategic planning of space activities in Ukraine. Until Ukraine is placed outside the brackets of the world's space powers, it is necessary to pay serious attention to the development of a doctrine of Ukraine's space activities with the broad involvement of science. On its basis, having taken into account all economic, political, infrastructural, technological factors, as well as current existential challenges, the Strategy of Space Activities of Ukraine should be elaborated, with a legal component as an organic part of it. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
41. The Nuances of Responsibility of Artificial Intelligence for Irresponsible Space Activity.
- Author
-
Hurova, Anna
- Subjects
ARTIFICIAL intelligence ,SPACE law ,LEGAL instruments ,RESPONSIBILITY ,TREATIES - Abstract
The article examines various aspects of responsibility for irresponsible space activities related to the use of artificial intelligence. It is stated that the existing legal instruments for regulating AI do not allow us to fully make space law effective and compatible with this technology, as well as the risks that this technology can bring. An analysis of the Convention on International Liability for Damage Caused by Space Objects (1971) is carried out, an interim conclusion is made that its norms apply to spacecraft that used AI technology. It is found that the "problem of many hands" inherent in space activity leads to difficulties in tracing the causal relationship between the action of a particular person in the chain of creation, maintenance, use of AI, etc. and the damage caused by an autonomous spacecraft. The article reveals the key contradictions of the current norms of AI responsibility for irresponsible space activities and suggests ways to solve them by developing and adopting comprehensive rules of conduct in space activities. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
42. The United Arab Emirates approach towards international space law: Divergence or convergence?
- Author
-
Abashidze, Aslan, Solntsev, Alexander, and Mirzaee, Siavash
- Subjects
- *
SPACE law , *INTERNATIONAL law , *OUTER space , *DIVERGENCE theorem , *SPACE tourism , *PRIVATE sector - Abstract
In recent years, new space actors have entered the field of space activities with great enthusiasm. The United Arab Emirates (UAE) is one of these newcomers investing in this domain with a broad prospect based on a specific strategy and policy. Accordingly, in 2019, the UAE developed a legal framework to govern diverse space activities in line with its strategy and policy. This Law covers many challenging and complex items that have long been on the agenda of the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. This article aims to investigate the UAE National Space Law to bring to light the extent to which they are moving in line with the existing principles of international space law. Firstly, the Law, among other national legislation, will be assessed to determine whether it reshapes or reflects the existing international space law. Secondly, the key provisions of the Law will be highlighted and analyzed. The final part will discuss the correlation of this Law with the concept of NewSpace. In conclusion, the author will highlight the importance of multilateralism and collective decision-making processes in developing international space law principles. • The UAE supports the private sector through favorable legislation. • The UAE National Space Law covers complex issues of international space law. • The UAE defines outer space by applying both spatialist and functionalist. • The UAE provides a new interpretation of the principle of non-appropriation. • The UAE National Space Law is in precise conformity with NewSpace. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. Uzayın Barışçıl Amaçlarla Keşif ve Kullanımı İlkesi Bakımından Uyduların Kullanımı.
- Author
-
Batır, Kerem and Şeker, Pervin
- Abstract
Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin 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.)
- Published
- 2023
- Full Text
- View/download PDF
44. The effectiveness of the Rome II Regulation in identifying orbital pollution as an environmental damage.
- Author
-
STOJCHEVSKA, Stefani, MEHMETI, Sami, and RATKOCERI, Vedije
- Subjects
ENVIRONMENTAL degradation ,POLLUTION ,SPACE environment ,SPACE debris ,OUTER space ,ROMANIES - Abstract
Besides the numerous benefits offered by outer space, manned spaceflight has lead to some negative effects manifested by various forms of pollution when introducing terrestrial substances and materials. Considering the Rome II Regulation, Article 7 applies in cases of non-contractual obligations arising out of environmental damage or damage sustained by persons or property as a result of such damage. Giving particular emphasis on space-faring member states of the European Union and the European Space Agency in regards to the damage and/or the event giving rise to it may occur within an extraterrestrial environment, Rome II does not theoretically grasp the notion of orbital pollution due to it not being identified as an "environmental damage" in any legal source. When attempting to identify orbital pollution as an environmental damage by drawing a parallel to Rome II, two elements are analyzed: (a) specific Earth-orbits polluted with orbital debris; and (b) potential damages to persons and spacecrafts resulting from space-faring nations' failure to mitigate domestic orbital debris; this critical analysis, hence, examines whether Rome II does justice for extraterrestrial environmental damages and further argues that the extraterrestrial environment - along with persons and property within - is just as equally endangered as the terrestrial environment. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
45. Space traffic management: Essential yet elusive?
- Author
-
Stubbs, Matthew
- Published
- 2022
46. ФОРМУВАННЯ МІЖНАРОДНО-ПРАВОВИХ ЗАСАД ЩОДО ЗАПОБІГАННЯ РОЗМІЩЕННЮ ЗБРОЇ У КОСМІЧНОМУ ПРОСТОРІ (1959-1979).
- Author
-
Семенчук, М. Р.
- Subjects
SPACE law ,SPACE race ,ARMS race ,TREATIES - Abstract
This research article explores the issue of the formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979). The historical prerequisites and main provisions of key international treaties related to this issue are analyzed. The gradual formation of key agreements in the context of political confrontation and mistrust between the leading space powers, which is considered in the research, was an important step in limiting and containing the arms race in outer space. The article also discusses the limitations and gaps of the main agreements of international space law and related agreements, which only partially regulate the military use of space and do not address new types of weapons and technologies that can be deployed or used in outer space for military purposes. The article suggests that one of the ways to strengthen the international legal framework for outer space demilitarization is the development of new international agreements that would prohibit the proliferation and use of such weapons and technologies in space, and that would protect outer space from aggressive military activities. Moreover, the article justifies the importance of the international legal regulation of the military use of outer space as a tool for preventing an arms race in outer space. It can include such issues as regulation of new types of weapons and their deployment that are not prohibited by main international agreements of international space law and ensuring the peaceful use of outer space. The article also presents an explanation concerning a concept of «weaponization of space», which is part of the military use of space. In this vein, it evokes the necessity of further strengthening of the international legal regulation of the discussed topic. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
47. ЗАСТОСУВАННЯ МІЖНАРОДНОГО ПРИВАТНОГО ПРАВА ПРИ ПЕРЕМІЩЕННЯХ У КОСМОСІ НА ВІДСТАНІ СВІТОВИХ РОКІВ, ВИКОРИСТОВУЮЧИ ТЕХНОЛОГІЇ МАЙБУТНЬОГО
- Author
-
К. Б., Шишкарьов
- Abstract
In particular, the article hints at the possibility of conflicts between states due to competition for resources in space, as well as the lack of full regulation of legal aspects in interstellar space. Particular attention is paid to the development of international treaties and mechanisms aimed at resolving these issues and ensuring peace and cooperation in outer space. Such documents can become the basis for creating a single legal space in outer space, where the rights and obligations of all entities will be clearly defined. The article concludes by emphasizing that the development of future space technologies requires a global approach to legal regulation to ensure security and stability in space, as well as the use of these new opportunities for the common benefit of all mankind. The article examines the topical issue of application of private international law to space travel over distances of light years using advanced technologies of the future. Travelling in space over such a vast distance is becoming increasingly realistic due to the development of astronomical research and technological progress. Legal aspects are an important aspect of such travel, as space activities raise numerous legal issues. Private international law defines the legal status of persons and objects in space representing different states. The application of this law requires resolving issues of jurisdiction, ownership, liability, and conflict resolution between different states and space actors. Future technologies, such as high-speed interstellar transportation and expanded habitat modules in space stations, introduce new challenges to the regulation of these issues. The article raises a lot of questions to which answers will still be found, and this process is a process that belongs to the future. At this stage, it is not known who else in the world would raise similar issues in the context of private international law, public international law, and international law in general. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
48. НАЦІОНАЛЬНА РЕЄСТРАЦІЯ КОСМІЧНИХ ОБ'ЄКТІВ: АНАЛІЗ ПРОБЛЕМ ТА ШЛЯХИ ВИРІШЕННЯ
- Author
-
В. В., Семеняка
- Abstract
The article is devoted to the study of the legal aspects of the implementation of the norms of space law in Ukraine regarding the implementation of the national registration of space objects. It was established that the registration-legal connection between a space object and the state is a legal element that determines the presence or absence of a stipulated right of state jurisdiction over a space object in outer space. It is proven that the implementation of the exclusive jurisdiction of the state depends on the existence of a clear mechanism for the national registration of space objects and the effective functioning of their state register. Based on the analysis of the norms of international space law, it was determined that the «state of registration» of a space object is its «launch state», which maintains a register of space objects. It is emphasized that the «launch state» should introduce a national procedure for registering space objects, which involves the creation of a state register. The legal significance of their registration lies in the fact that entering a space object into the register is a legally significant action that enables the application of the norms of national legislation. It is the "launch state" tha thas received and implemented the right to register the space object, will have the legal status of the "r egistration state" and will implement quasiterritorial jurisdiction over the object during its stay in out er space. It is argued that the legislative norm on the mandatory state registration of spacecraft in the State Register of Spacecraft of Ukraine does not currently create legal consequences for the subjects of the relevant legal relationship, since the Rules for the Registration of Spacecraft in Ukraine have not been approved by the Cabinet of Ministers of Ukraine yet. Legal uncertainty regarding the rules of their registration creates a potentially dangerous jurisdictional vacuum during the stay of spacecraft in outer space, which can lead to the emer gence of negative legal situations. The primary step of the state in solving this problem should be the establishment of a clear and effective procedure for the national registration of space objects. This will contribute to ensuring legal stability and compliance of Ukrainian space legislation with the norms and principles of international space law, as well as guaranteeing the preservation of Ukraine's jurisdiction over objects launched into outer space. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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49. On the settlement of space- and international telecommunications -related disputes.
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Kyriakopoulos, Georgios (George) D.
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PEACEFUL settlement of international disputes , *SPACE law , *DISPUTE resolution , *INTERNATIONAL conflict , *INTERNATIONAL courts - Abstract
This paper aims to describe and assess the dispute settlement mechanisms available to States in the context of space and telecommunications activities. Disputes either between private actors or between private actors and States are beyond the scope of this research. The choice to examine mechanisms and procedures for the settlement of international disputes in these specific areas stems from an elective affinity between these sectors, given the existing interaction between them. At a first level, the paper highlights the importance of mechanisms to prevent the creation of international disputes, both in the field of space law (mainly through Art. IX of the Outer Space Treaty) and in the field of international telecommunications (Arts. 45 para. 3, 48 of the ITU Constitution). Further, the general scheme of peaceful settlement of international disputes, as enshrined in the UN Charter not only applies to the disputes in question but is further specified in the context of space and telecommunications law (Liability Convention, Art. 56 of the ITU Constitution), with a clear orientation towards the use of diplomatic rather than judicial means of resolution. Last but not least, if the settlement of disputes through diplomatic means fails, the preferred judicial mechanism is that of arbitration, as it is clearly demonstrated by the Claims Commission of Art. XIV LIAB, the PCA "Optional Rules for Arbitration" of space disputes, the mechanism of Art. 41 of the ITU Convention as well as the relevant "Optional Protocol". The specific options for dispute settlement show that, in view of the common interest of States in "international goods" of a technical nature, the actors involved are mainly interested in the non-occurrence of disputes rather than in their resolution through judicial means. And when they do so, they choose to resort to flexible resolution mechanisms (arbitration) rather than to ordinary international courts. • There is an elective affinity between telecommunications and space activities. • States are mainly interested in preventing disputes than to resolve those arising. • States opt for diplomatic resolution mechanisms instead of jurisdictional ones. • Ιf diplomatic settlement fails, the preferred judicial mechanism is arbitration. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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50. Space resource activities and the evolution of international space law.
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de Zwart, Melissa, Henderson, Stacey, and Neumann, Michelle
- Subjects
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SPACE law , *EXTRATERRESTRIAL resources , *INTERNATIONAL law , *SPACE flight to the moon , *OUTER space , *SPACE debris - Abstract
We are experiencing a period of renewed interest in human activities in outer space and, in particular, the return of humans to the Moon. Multiple lunar missions, including the NASA led Artemis project and the China and Russia International Lunar Research Station propose a sustained human presence on the Moon which will require in-situ resource extraction and usage. This article explores the likely impact of statements and actions by states on the future evolution of international space law in relation to space resource activities, highlighting the urgent need for greater clarity in the law regarding space resource activities. It will examine the relevant international law, domestic legislation, multilateral agreements, and recent international discussions concerning space resource activities. It concludes that the current international space law regime lacks clear laws regarding space resource activities and emphasises the importance of space law evolving in order to progress with industry and exploration. • Current international law lacks clear guidance regarding the legal frameworks applicable to space mining. • Competing domestic laws and guidelines may create tension between competing users of the Moon. • An international framework is needed to clarify the rules of resource extraction and use in space. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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