Search

Space resources activities are currently the objective of a thriving cross-disciplinary global effort aimed at assessing their role and potential in the future of humankind. New innovative mission ...

To whom does the outer space around Earth ‘belong’? This question brought about space law’s first treaty provision and its worst disputes, but it remains without definitive answer. Whoever asks must implicitly decide who ‘we’ excludes and what ‘belonging’ means. They choose whether to ask a tool or weapon; they create borders and entitlements at will. In this paper I argue that this question has empowered the loudest interpreters to conquer the cosmos in plain sight. This conquest of space continues today in how we read its law, how we remember its past, and how we imagine its future. Space law is focused on the future and vehemently ‘dynamic’ in the present, but too often forgets its past. By critically assessing the orbital commons, I hope to expose three dominant myths approaching orthodoxy: that space is without history, without victims, and without rules. These assumptions erase the Global South’s consistent contributions to ‘global’ commons governance. This paper examines this history with an eye to current developments that might reframe space commons discourse, before moving to what could have been, had Global South space practice been considered.

Focuses on the concept of Space Traffic Management (STM), the matter which has been of high interest for many space actors in the last three decades. With the emergence of the NewSpace era, and flourishment of commercial and economic incentives for space activities, this topic has gained the attention of many space actors in the preceding decades, thus turning into a separate agenda item in the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. However, establishing and implementing such regulations is a challenging task, especially for new space actors. This article aims to assess the existing challenges of STM and provide solutions to overcome them. Firstly, this article provides the necessity of establishing such a regulation: it is evaluated and discussed while describing the requirements for achieving this goal. Secondly, the paper studies definitions provided by governmental and non-governmental entities regarding this concept and the measures taken towards its realising. Finally, the research discusses the challenges that space actors face regarding implementing this concept, both legal and practical. In conclusion, the authors highlight the importance of promoting endeavours and coordination among all current and potential space actors with due considerations for their relevancy.

The Japanese Act on Launching of Spacecraft, etc. and Control of Spacecraft (commonly cited as “Space Activity Law”) and related documents came into force on November 15, 2018. To implement UN treaty obligations related to outer space accurately and smoothly, to ensure public safety, and to contribute to enhancing the livelihood of people and the development of the economy, Japan established a system related to launch, launch vehicles, control of spacecraft and a compensation scheme for damage to third parties caused by the launch of a launch vehicle. In addition to the Japanese Space Activity Law, there are many other international “space activity laws”. In order to update and harmonize the Japanese Space Activity Law with international space law, the National Space Policy Secretariat (NSPS) conducted an investigation of international and national space laws, especially the United Kingdom, France and United States of America through both documentary research and in-person meetings. This paper provides an overview of the Japanese Space Activity Law.

National audience; The purpose of this paper is to address STM through an unconventional but pragmatic angle to help optimize efficient compliance governance. This paper proposes using antitrust mechanisms in space as a pragmatic and utilitarian tool for sustainable purposes with regards to STM within a soaring space ecosystem. In the context of accelerated space commercialization and privatization, having a new space antitrust framework at the helm of such transition might indeed prove to be a flexible yet decisive tool into shaping the future of STM and ensuringperennial protection of higher space principles which are enshrined in the Outer Space Treaty and form the essence of space law. On one hand, examples of antitrust key components include fair competition while, on the other hand, higher ethical principles of space law include non-discrimination and benefits sharing. Furthermore, in between these two extremes, security and commerce both rely, respectively on non-harmful interference and competitiveness.To navigate through all these factors, a new space antitrust framework might indeed prove strategic and beneficial to incentivizing the creation of an adaptive, polycentric and action-oriented governance mechanism with great resonance among the commercial new space players and reaffirm the importance of sustainable space traffic management before return on investment, while still making a profit in the long run.

There are fortunes in space, and the feasibility of mining asteroids raises a lot of questions as to the ownership of the proprietary rights in space. Are there original owners in space resources o...

We are witnessing a new space race. A half century after the last Moon landing, and after a decade during which the United States could not launch its own astronauts to Earth orbit, there is new energy in the space activity. China has huge ambitions to rival or eclipse America as the major space power, and other countries are developing space programs. However, perhaps the greatest excitement attaches to the entrepreneurs who are trying to create a new business model for space travel based initially on tourism, and eventually, on colonizing the Moon and Mars and harvesting resources from asteroids. This paper presents a snapshot of the new space race and the rich men behind it, and it looks at some of the ethical and legal issues raised by this activity. The methodology is to consider the stated ambitions of the men leading private space companies, compare and contrast the space endeavor with earlier episodes of exploration and transportation innovation, review the regulatory environment for outer space, and consider two divergent scenarios for the future. Opinions are divided on whether commercial space flight is an expensive indulgence or potentially a way to find sustainability solutions for our life on Earth. It is concluded that the new space race can be characterized as unbounded: in ambition, in terms of laws and regulations, and in terms of ethical constraints on the activity.

Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.

PurposeWith current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space.Design/methodology/approachDrawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts.FindingsReal estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice.Practical implicationsReal estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself.Originality/valueThe time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

PurposeIn the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion.Design/methodology/approachThrough an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem.FindingsThis paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned.Originality/valueThis paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.

The beginnings of the space race in the middle of the 20th century are well known and documented. But not many people know of the very beginnings of the idea that the use of outer space should be regulated. Its roots do not go deep in the past, as humans could only venture far enough in the 20th century, and therefore, there was no need to establish any kind of rules prior to that period. One of the most common examples used to describe the birth of such an idea is in fact the quote attributed to Theodore von Karman, a rocket scientist at Caltech, who saw the need to establish some ground rules for human activities beyond Earth way back in 1942, more than a decade before the first satellite ever was launched: “Now, Andy, we will make the rockets – you must make the corporation and obtain the money. Later on you will have to see that we behave well in outer space... After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence.”1 This article will attempt to give insight into two crucial questions that may be identified: what changes and challenges does the space law bring to the domain of public international law as a whole (1) and, closely related to the previous question, how should, if at all, the cornerstone principles of space law itself, as they are according to the current OST, be reinvented (2).

The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.

African nations are early in their space development and are not currently prepared to compete with space powers in competition to exploit space resources. Activities in space to date have been reg...

The legacy of >50 years of human space faring has brought impressive technical and scientific achievements; however, it has also led to the growing population of space debris. These objects serve n...

The resolution adopted at the African Leadership Conference on Space Science and Technology in Ethiopia in 2019 stated, inter alia, that African youth should be central to the development of the Af...

This article traces the shared history of space law and space art, putting a spotlight on the work of African artists who retell the history and future of space travel from the perspective of the African archive, producing a more inclusive history for humanity than that produced by the seemingly lofty ideals of national and international space laws.

The increasing gap in the space capabilities of different countries has led to the need for capacity building in modern times. Space capacity building of countries without or with limited space capacity via international cooperation with advanced spacefaring nations is a good practice towards intragenerational equity among all spacefaring countries, and between spacefaring and non-spacefaring countries at the same period of time. A case study is used here to show the current situation of the Asia-Pacific Space Cooperation Organization (APSCO) and its member states that are associated with their space capacity building. The study finds that neither the satellite technology development model developed by Wood and Weigel (2011) nor the model developed by Ercan and Kale (2017) is a good fit for the development of space capability in all of the developing countries. Therefore, using the APSCO member states as a case study may offer guidelines towards the space capacity building of other developing countries. Moreover, an in-depth analysis of the merits and flaws of APSCO’s capacity building programs through comparing them with similar projects carried out by the European Space Agency (ESA), the Asia-Pacific Regional Space Agency Forum (APRSAF) and some other countries is conducive to providing some references for regional cooperation in the field of space capacity building. While international space law and the APSCO Convention can provide the general principles for capacity building activities under the framework of APSCO, they are only relevant to the development of scientific and technological capacities for space and human resources rather than organizational development and legal frameworks. Some international soft laws can likewise provide guidance for the capacity building activities of APSCO and its member states in the areas of international direct television broadcasting, remote sensing and cooperative way. To enhance its and its member states’ space capabilities, APSCO, in the context of space commercialization and maintaining the long-term sustainability of outer space activities (LTSOSA), should establish a comprehensive internal regime that addresses scientific and technological capacity building for space, human resources, organizational development and legal frameworks, a flexible regime for international cooperation with other developed spacefaring nations and international organizations with relevant technical capabilities and an internal research center for space law, and actively expand its membership by embracing other economically or technologically developed spacefaring nations in the Asia-Pacific region.

The article examines the gaps in the legislation in the field of space relations, analyzes the current international agreements and examines the problems of their practical application. The necessity of legislative regulation of future space colonization, mining, protection of subjects of space relations, and possible consequences of ignoring these issues have been studied. States and multinational companies have their own desire for outer space. Elon Mask hopes to use his "SpaceX" (a private enterprise working in the field of space transport construction) to launch a human colony on the planet Mars. Amazon owner Jeff Bezos, the world's largest circulating company that sells goods and services, also notes the colonization of space. In this regard, it is important to find new possible directions and improve existing ways to address current space and legal issues to ensure the progressive development of international and national space law. The main objectives of space law are to ensure a rational, responsible approach to the study and use of outer space for the benefit and in the interests of all mankind. To this end, space law addresses a wide variety of issues, such as military activities in outer space, conservation of space and the Earth's environment, liability for damage caused by space objects, settlement of disputes, protection of national interests, rescue of astronauts, exchange of information on potential dangers. in outer space, the use of space technology and international cooperation. The main treaties governing space today seem weak. This is due to the non-compliance and relevance of international agreements on space activities to modern scientific development and significant space achievements. Using the gaps in the field of international space law, many leading countries of the world are independently developing areas of legal support for space relations. For example, the staff of the Dubai International Financial Center of the UAE proposes in 2021 to reform the national judicial system and create a "judicial support network" that can handle complex commercial agreements related to space. Such an approach would destroy the established system of international law. In order to maintain peace and security and achieve a high degree of cooperation for the benefit of mankind as a whole, it is necessary to immediately begin work on the UN platforms to prepare and adopt comprehensive international legal acts to regulate human activities in space, taking into account experience in this field.

Indonesian National Institute of Aeronautics and Space (LAPAN) as a space ecosystem runner government institution of the space agency in Indonesia is mandated by Indonesia space law of 2013 to carry out remote sensing activities that are not only strategic nationally in nature but also charged being benefits economically. This study investigated the intangible economic benefits of remote sensing activities in Indonesia. This research explored qualitatively the advantage of the use of remote sensing information by users obtained from the results of questionnaires and in-depth interviews. The conceptual framework of intangible benefit is based on the information system success model by the De-Lone and McLean Information Value model. The results showed that the quality of remote sensing was good. This can be seen from most responses of user respondents on the Perceived System Quality and Information Quality indicators giving a good rating. The response of the user respondents caused a sense of satisfaction and also caused the use of the system to be more intense. These had a good impact on the performance of respondents, both individually and organizationally. Strengthened by in-depth interviews showed that economically provide benefits with an average of 64% increasing in the efficiency of the performance by Agriculture and Palm Oil sectors. In short, space agency in Indonesia is proven to provide intangible economic benefits on remote sensing activities.

As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

In the article, the authors reveal the historical and legal aspects of space activities in Ukraine. The historical and legal acts of the Ukrainian SSR and the Soviet Union, regulating the space industry, are analyzed. Considerable attention was paid to the peculiarities of legal regulation of the activities of the main space design bureaus of the time. It is concluded that the space activities of the USSR — in general and the Ukrainian SSR were provided on the basis of sublegislative normative legal acts (resolutions of the Council of Ministers and orders of the Central bodies of the Communist party). However, the lack of the national space law was offset by systematic and full funding of space activities, resulting in the Soviet Union having a powerful space industry. In the conditions of modern development, Ukraine has all the opportunities to achieve significant development of the space industry, using the positive experience of the USSR and opening access to space activities of private investment.

Space technology development shows feasibility of actualizing future space mining. There are numerous efforts to utilize resources from celestial bodies; whether as fuel, an alternative source for scarce minerals, or as an in-situ support for future human habitation in outer space. This article identifies potential clashes between ongoing space mining practices and the interests of developing nations. The main concern is accessibility: will the race to dominate space mining leave no room for non-space faring nations to utilize space resources, or even access potential space mining locations? The current international space law has several loopholes such as the absence of provisions regarding ownership of space resources, and the lack of inclusion of private actors, especially considering their role in furthering the space mining industry. This article also examines Indonesia’s regulation on space activities, including mining and provide recommendations. Current regulations imply there is a vision for Indonesia to be a large space actor in the future, but no instrument puts specific focus as of yet to space mining. Lack of dedicated funding and technology also exist, but there are various opportunities to attain this, provided Indonesia is able to utilize them for national interests.

State cooperation in space research is one of the priority topics of international space law. Thecalls for international cooperation contained in many documents on space law are aimed at preventingthe transformation of outer space into a conflict zone. Space cooperation is a very effective way of theconfidence-building, because it can reduce mutual suspicion, increase mutual trust and achieve mutualbenefits. The space has become a powerful thruster of scientific and technological progress. This trendis one of many indicators pointing to the global trend involving key actors making a decision to makespace activities a priority. Many countries come to the understanding that international cooperation isthe best means of realization of space programs. At that, the issue of forms of such cooperation gainsspecial importance. It is difficult to think of international space law and the governance of internationalaffairs in isolation from international organizations. The states have joined their efforts in the frameworkof international organizations with the aim of cooperation in the space sector. In this article we will try toanalyze the legal foundations of international cooperation of states in outer space exploration.Key words: international space law, legal regime of the outer space, international responsibility ofstates, space activities of mankind, global role players.

International law concerning outer space is developing at a steady pace since humankind’s first step towards space exploration in 1958with the launch of Sputnik 1 and Explorer 1. Since then, space ...

Traditional approach to the activity in outer space as exclusive domain of few big space faring states through special governmental agencies as a sort of natural monopolies is rapidly placing by the prevailing view that such activity could be successfully and efficiently performed by private entities and fair competition between such players shall be allowed and is even desirable. Increasing participation of private capital in exploration of the resources of outer space is a persuasive confirmation of the emerging large-scale, self-sufficient economy of the New Space attractive for potential investors. Such economy requires sufficient level of legal certainty in a form of effective legal rules adequately reflecting contemporary reality and capable to guarantee the rights of commercial players in exploration of space resources including ownership rights on space resources obtained. Arguably, such reshaping of international space law will take place outside the UN and would not be based on the concept of space as a common heritage of mankind. Main drivers of this reshaping will be unilateral national laws like the U.S. Commercial Space Launch Competitiveness Act or Luxembourg Space, bilateral agreements or international treaties with small number of participants (like the International Space Station Agreement or the Artemis Accords). Such national practice and international treaties claiming that they are adopted in implementation and in full conformity with the Outer Space Treaty will be viewed as subsequent practice and subsequent agreements clarifying, amending and even modifying rather vague provisions of the Outer Space Treaty. The values of the Outer Space Treaty will increase due to a lack of strict rules regulating or prohibiting commercial exploitation of space resources. It will allow to perform evolutionary reform of international space law using new avenues of the treaty creating new rules which will implement and improve provisions of the Outer Space Treaty.

The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.

The purpose of the study is to provide a theoretical basis on the discussion of space by comparing the theory of space law with Indonesian laws related to space. Nowadays, space is no longer empty land, no man's land, but has become an arena of competition for the interests of various countries and international organizations. As space currently has limitless economic and strategic values. To utilize space optimally, an understanding between the parties concerned is necessary. Thus, the existence of the theory of space law becomes a vital issue in bridging the gap between the needs and availability of area in space as not every position in space has the same economic and strategic value. The research was conducted by using the method of doctrinal legal research using the conceptual and legal approach which is explained descriptively by analysis using the deductive method. The results of the study are going to determine the differences in the concept of mastery of space according to the theory of space law and according to Indonesian law.

The article analyzes the problem of international legal regulation of the exploiting natural resources in outer space. Special attention is paid to innovative proposals to amend current legislation offered by ague Space Resources Governance Working Group and Space Generation Advisory Council. The need to establish a distinction between the legal regimes of celestial bodies and resources of outer space is emphasized. Arising from the research, a conclusion about the need to update the existing rules of international space law and concretize the concepts such as celestial bodies, space resources, common heritage of mankind and use of outer space is formulated.

What is space now? What benefits can it bring to humanity and who is most interested in its devel-opment? Today, the history of the development of world cosmonautics shows that States at the dawn of space exploration pursued primarily a scientific and research goal for the implementation of their military and strategic tasks. The main feature of modern space activity is its active commercialization. Currently, commercial activities in outer space involve not only States, State institutions and international gov-ernmental organizations, but also private enterprises, as well as non-governmental organizations. Now space is a huge space for profit and its new participant is the private sector. It was private companies that began to invest huge amounts of money in the space sector. Today, the United States of America (USA) is a confident leader in the number of companies involved in space exploration. The comfortable devel-opment of the space business in the US is the result of a systematic, purposeful policy of the US in space exploration and profit from the work carried out, as well as the result of the legislative work of the state. Given the above, the practice and experience of the United States in the issue of space commercializa-tion is of not only scientific, but also practical interest. The article is devoted to the international legal experience of the US in the issue of space commercialization. The authors analyze the main regulatory legal documents of the United States adopted since the beginning of space exploration, which contrib-uted to the process of commercialization of space and space technologies, thereby contributing to the development of the state’s economy as a whole.

The article analyzes the current state of legal regulation of space relations. It is shown that the rules of national space legislation do not meet the current challenges and threats in the field of space activities. The importance of elaboration of specific legal proposals and definition of the main directions of improvement of the legislation of Ukraine on space activity, first of all modernization of norms of the key act of space law - the Law of Ukraine «On space activity» is pointed out. It has been investigated that the terminology apparatus in the field of space law is not legally weighted and requires a significant improvement of the used and introduction of new space concepts and terms. It is argued that the most effective way of enhancing the effectiveness of national space law is through its codification. The main task of codification is determined – to bring the current national space legislation in line with the needs of the current stage and prospects for the development of relations in the field of space exploration and use. The necessity of carrying out a comprehensive up-to-date normative-legal updating of Ukrainian space legislation is noted, taking into account the peculiarities of space activity, rules of international and national space law. however, it is important to use public-law and private-law frameworks and tools in the legal regulation of space relations. It is envisaged that the codification process should cover filling in the gaps in the legal regulation of space-legal relations; the elimination of gaps and contradictions in current space laws, conflicts and duplications; development of new universal space laws; exclusion of outdated and ineffective norms.The necessity of development and adoption of the Space Code of Ukraine to increase the level of legal support for scientific space exploration, creation and operation of space technology, use of outer space is substantiated. It is offered to fix the solution of topical issues of space legal terminology in the field of space activity, development of commercial space activity, security of space activity, introduction of competitive bases for the implementation of space projects and programs, ensuring equal access to space activity and its results.

Space exploration activities constitute an important part of International Air and Space Law. Space Law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law and is to a very large extent connected to Air Law. Not only have we witnessed a tremendous increase in air travel recently, human activities in space has also skyrocketed. Sub-orbital flight and colonization (also known as space tourism) is one of such developments in space activities today and is not without legal implications. This article seeks to x-ray and situates some of these legal issues emerging out of contemporary space exploration activities against the overarching framework of the UN Space Treaties.

Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Zealand, now wants to become a NewSpace incubator and has recently enacted legislation designed to make it a competitive host nation for launch providers. This article will compare the regulatory space regimes of these two countries to provide an assessment of the importance of domestic regulation in fostering competitive commercial space services, for countries seeking to become competitive in the commercial space race.

It is only in the last couple of years that the concept of Space Traffic Management (STM) has come into the spotlight in the political stage with the United States Trump administration issuing Space Policy Directive 3 (SPD3), creating a national STM policy for the first time in history. SPD3 is a revolutionary step forward, not only because it introduces the STM concept into mainstream space policy, but also because it attracted the attention of the international community to focus on this concept of STM. The purpose of this paper is to illuminate the brief history of STM in international initiatives for sustainable space activities by identifying and linking certain fragmented elements that gave rise to the concept. Based on a conceptual discussion on the reluctant nature of international space law regarding the issue of controlling traffic in outer space, this paper will highlight the importance of the role of spacecraft operators for rule-making toward an international STM regime. This paper will also provide observations from a Japanese perspective to these initiatives by introducing some political and/or industrial movements of the Japanese space community and its contemporary challenges.

The article is devoted to the legal regulation of space activities in Ukraine. It has been clarified that this type of activities is regulated by a number of laws of Ukraine, decrees of the President of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, acts of the State Space Agency of Ukraine, as well as by multilateral international treaties, international agreements within the CIS, and a large number of bilateral treaties concluded between Ukraine and other States of the world. The basic legal acts of Ukraine concerning implementation of space activities have been analyzed, namely: the Constitution of Ukraine, the Law of Ukraine “On Space Activities”, the Law of Ukraine “On Entrepreneurship”, the Law of Ukraine “On State Support to Space Activities”, “On Approval of the Concept of the National Target Scientific and Technical Space Program of Ukraine for 2018 — 2022”, etc. The main provisions of these acts, as well as the problematic issues that need to be clarified and revised, have been considered. The conclusions indicated that an extensive system of regulatory acts, governing the implementation of space activities, demonstrates the transformation of the space industry into one of the leading sectors of the Ukrainian economy. It has been emphasized that many problems of the space industry still remain unresolved. The mentioned problems have been analyzed and the ways of their solution have been offered.

The author of the article shows that the planning of administration of space programs in Germany is at a high level. However, the implementation of space programs requires improvement in order to attract investments from private businesses to this process. The authors prove that it is for this purpose that the system of sources of space law, on which the implementation of space programs is based, requires systematic improvement. The authors prove that in the context of globalization and the reduction of the Asian space powers lag from the European ones, only the wide involvement of private capital in the German space industry will provide competitive advantages in the market of space services.

The Outer Space Treaty (OST), which entered into force on 10th October 1967, has served as a foundation of international space law since the second decade of the Space Age. To mark the 50th anniversary of the Treaty's entry into force, a special panel event was organized during the 68th International Astronautical Congress held in Adelaide, Australia, from 25th–29th September 2017. The authors of this viewpoint were invited to share their perspectives on the governance framework for outer space activities underpinned by the OST and to reflect on the prospects for the future of global space governance, and the opportunities presented by UNISPACE+50, which will mark the 50th anniversary of the first UNISPACE conference in June 2018. This viewpoint begins with a retrospective reflection of 3 panellists on the contributions of the OST to global space governance in the past 50 years and the challenges facing the OST at present. The fourth reflection focuses on the potentials of UNISPACE+50 in 2018 to strengthen global cooperative space governance for the next 50 years of the space age.

This paper analyzes the current EU space strategy and confronts it with existing global challenges in the space sector. The ultimate aim of this research is to recommend a well-adjusted space policy for the European Commission to ensure effective and sustainable exploration and use of outer space for the benefit of all EU member-states. In order to draft the most efficient space policy, the uniqueness of Europe’s space sector is studied. This paper argues that the EU space policy has to focus on guaranteeing European autonomy in access and use of outer space. The author extensively analyzes the challenges and opportunities related to dynamic development of private space sector’s activities. Emphasis is made on the significance of symbiotic cooperation between the public institutions and private companies regarding mutual benefits. The paper concludes that it is the right time for the European Union to build a bold and prospective space policy.

On June 6, 2017, a draft bill entitled the American Space Commerce Free Enterprise Act was introduced to the US House of Representatives. Even though the bill has not been enacted into law yet, its relevance should not be underestimated. Indeed, it not only represents the latest step in regulating the nascent space mining industry but also contains several provisions that, to a large extent, challenges the traditional understanding of basic international space law rules. For example, the draft bill refers to the right of the US entities to engage in space undertaking without conditions or limitations, argues that not all the obligations of the Outer Space Treaty are imputable to those entities, and claims that outer space is not a global commons. In the light of the above, the purpose of the present viewpoint was to review the most innovative, yet controversial, elements of the draft bill and to assess their possible impact on future space resources utilization activities as well as on the overall stability of the space law regime.

The United States’ enactment of the Space Resource Exploration and Utilization Act of 2015 marked a significant turn in the evolutionary course of space lawmaking, although not for the reasons commonly cited. The Act is noteworthy not for its substance, but as a symptom of emerging structural change in how space law is made, and by whom. Using space resources as a case study, this essay charts this evolutionary shift in space lawmaking and assesses its implications for the international regime on which a growing and increasingly diverse range of space operators depend.

Space debris is global mounting ultimatum to the enduring maintainability of the Outer Space activities and it ought to be deal in the very beginning. Otherwise, it will be too late. From the last couple of years, the rate at which the space activities have, resulted in the production of debris at very threshold position in a linear fashion. Ultimately, it has become the rendezvous of space debris general place. From couples of years ago, some incidents of collisions have enhanced the space debris accumulation, now crowded the corridor of earth orbit which constitutes the most serious pollutant of the near-earth space environment. Innovations in space applications have enhanced not only our awareness about universe but also daily lives world widely. Actually, the space treaties law neither explicitly forbids the production of space debris nor levies responsibility on the states to remove space debris. Because the absence of definition of space debris reveals the unending ambiguity between space debris and space object. There is no any legal procedure and mechanism available in existing space law regime to remove the space debris. Furthermore, who has the authority to take decision for the removal of space debris from the outer space? International space law does not permit interruption with space objects without the preceding approval from the launching State. This paper focuses on the legal and organizational challenges suggesting to revamp the fuzzy prevailing international space law regime to encounter incoming legal aspects.

The ethics of human beings living together depends on shared values and principles that are generally recognised and respected. These values and principles are reflected in legal rules and regulatory frameworks to provide safety, security and foreseeability for the members of the community. The same would be true for the Moon Village. While not being a programme or project, but a concept which may serve the development of ideas of future space activities, ethical principles and relevant legal rules already exist. Others will have to be developed in the future. The present paper addresses three steps towards an ethical and regulatory framework for a Moon Village.

The presence of the space industry which sends to be dominated by private companies in developed countries has encouraged the need for developing country national legal framework thar are accomodative to regulate commercial space activities. On the other hand there are developing countries that have space activities and have national legal instruments, on the other there are developing countries that have just started space activities but do not have national legal instrument. Therefore, the arrangement of international and national legal instrument that regulate the interest of developing countries is urgent. In addition, this study show that existing legal transformation is not successful considering the transformation is not less attention to the full interest of the parties concerned.

This article builds a model for determining the law applicable to in-space assembled autonomous platforms and the services they are likely to provide. It makes a comprehensive inventory of the new challenges and emerging industry trends in the field of in-space assembly. It identifies some of the most significant industrial projects, which are currently engaged or contemplated. It then examines the status of such private platforms assembled in space in terms of both international rules and state jurisdiction. It suggests an approach that distinguishes the service provided from the physical platform itself, which would enable States to regulate service operation. The conclusion sets out a series of practical recommendations that could be implemented at different levels.

Latin American countries were involved in the multilateral discussions of the Committee on the Peaceful Uses of Outer Space (COPUOS) since its very inception. Their participation in the negotiations of the five United Nations treaties contributed to drafting the final texts that currently regulate space activities since their entry into force. The travaux preparatoires of these international instruments are a valuable source to elucidate and document the role that the countries of the region played in the formation of international space law. The evolution of COPUOS membership reflects the considerable increase of Latin American and Caribbean countries that are engaging in space activities and are willing to continue contributing to the global governance of space in a constructive spirit.

The introduction of advanced new technologies is transforming the space industry. Artificial intelligence is offering unprecedented possibilities for space-related activities because it enables space objects to gain autonomy. The increasing autonomy level of space objects does not come without legal implications. The lack of human control challenges existing liability frameworks. This paper reviews the provisions of the Outer Space Treaty and the Liability Convention as the main legal documents introducing the legal grounds for attributing liability in case of damages caused by autonomous space objects. Looking at the limitations of these legal frameworks in what concerns the attribution of liability, this paper identifies the conditions that could cause a liability gap. The amendment of the Liability Convention, the concept of "international responsibility" introduced by Article VI of the Outer Space Treaty and several international law principles are analysed as potential solutions for preventing the liability gap and mitigating the risks posed by autonomous space objects.

The purpose of this chapter is to provide a background to existing international space regulation in the form of its hard law and soft law instruments; doing so will demonstrate the various international obligations placed on States and discuss the various mechanisms by which specific issues are addressed internationally. The chapter begins with an exhortation of the five international space law treaties (beginning with the Outer Space Treaty and concluding with the Moon Agreement) as well as an examination of the International Telecommunication Union’s and International Space Station’s foundational instruments. The chapter then examines a select number of international soft law instruments (including principles, declarations and guidelines) related to space before offering insights into the future of international space regulation.

This chapter argues that greater diversity is needed in the space sector, and this will only be achieved when women feel they are truly part of the structures and institutions that govern space. International space law today contains many powerful remnants of the Cold War era, including gender-specific language in the OST which states that space shall be “the province of all mankind”. While we cannot change the terms of the treaty, we can change the way language is used today within the space governance power structures and in future legal instruments. Some may argue that this is not necessary, since “mankind” is intended to include women, however a feminist legal analysis reveals the power dynamics in processes of law-making, interpretation and application which maintain a status quo. In space law and governance, that status quo includes geopolitical dominance by a small group of elite countries, and underrepresentation of women at all levels of decision-making. In the space sector as a whole, the status quo is also a persistent lack of diversity, which not only limits design decisions, but can negatively impact our future in space. If we seek to build new human societies in space, on the Moon, and eventually on Mars, this requires reproductive health and the full participation of all members of these new societies. We cannot achieve this unless we radically shift the assumption of male biology and the male experience as the norm, and unless we move away from elite decision-makers forming laws and governance structures to their own benefit. This chapter undertakes to learn from achievements of feminist legal activism in domestic laws, and to apply this to the process of space law-making, interpretation and application. The use of language in the law is of paramount importance, and so a feminist outcome would be to actively re-interpret the OST and ensure that space becomes the “province of all humankind”.