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The grand project of "Belt and Road" Space Information Corridor proposed by China, which aims to integrate its space-based platforms for comprehensive space applications under the Belt and Road Initiative, resonates with calls and recommendations of the United Nations conferences on the exploration and peaceful uses of outer space for increased international cooperation in space projects to address common challenges. This project is expected to translate the potentials of space technology for socioeconomic development into real benefits for billions of people along the Belt and Road region. The Chinese government has released guidelines in 2016 to identify the general goals and major tasks. As we celebrate legacy of the UNISPACE conferences this year, it is beneficial to also focus on the ramifications of large scale space projects for governance of space activities on national, regional and international level. On the one hand, policy and legal aspects are important factors to be taken into account in project planning and implementation. On the other hand, the need to accommodate requirements of space projects could stimulate adjustment or innovation in space policies and regulations. The "B&R" Space Information Corridor offers us a chance to explore such interaction between space project and space governance. Based on analysis of the relevant aspects of legal environment, this paper purports to examine opportunities and challenges confronted with during implementation of the "mega-project" from legal perspectives. [ABSTRACT FROM AUTHOR]

This paper presents an overview of recent developments in Poland from a regulatory and institutional point of view, as well as at a programme level. Though Poles played an active part in setting out the foundations of the international space law, largely through the pioneer of space law – Polish Professor Manfred Lachs – for many years the Polish space industry barely existed, consisting only of the activities of a few engineers brave enough to set up start-ups and cooperate with big international players. The situation changed in 2012, when Poland joined ESA as a full member. Joining ESA and opening up the space industry to small players can be perceived as a significant trigger for the boost of Polish space projects. The first results came quickly. The number of Polish companies active in the sector is growing rapidly, already reaching 300 companies, forming a consistent, consolidated group of large, medium and small enterprises. Over the last five years, the attitude of the government has also been changing. Concerning regulatory challenges, Poland has still not adopted comprehensive space legislation, though in July 2017, a draft law on space activity was published by the government. The legal concept adopted in the national space law, especially about risk management, may influence the development of the whole national space activity, which still suffers from insufficient capital to bear the high level of risk related to ultra-hazardous activity such as space activity. The recent tendencies covering small sats, New Space, suborbital flight and space mining are also the subject of pending legislative discussions. [ABSTRACT FROM AUTHOR]

This article deals the issues concerning the hosted payload under international space law. To understand the hosted payload projects, the types of the contracts for such projects are discussed, but the harmonization between the risk allocation of the parties concerned and liability issues for damage caused by the hosted payload is mainly studied. The hosted payload satellite is said to be the one that the main owner of the satellite spares some space on it for the other party. The details of the projects can be agreed between the parties depending on the projects. Such details are mostly confidential, but the author tries to show the types of collaboration by using the actual examples. As the hosted payload satellite has more than two parties that have interests in the satellite, it is very important to agree in advance how to allocate the risks between the parties. On this, especially for the projects between the non-governmental entities, the indemnification against the damage of the third parties caused by such satellite should be included. Notwithstanding such allocation, since the damage from the space activities may become enormous and the financial ability of the non-governmental entities may be limited, the State should be the final bearer of the liability against victims as international space law has in mind. Under international space law, the launching State is liable for the damage caused by space activities. The definition of the launching State under international space law could be found in the Liability Convention or the Registration Convention. When the hosted payload project is driven by the non-governmental entities, the identification of the launching State becomes difficult; such definition involves States, and makes it difficult to determine the launching State for activities of the non-governmental entities. As international space law has focused on the protection of the victims, the relief of the victims of the hosted payload projects should be dealt accordingly. In this respect, it would be ideal that the owner or the operator of the hosted payload (or the State which such owner or operator belongs to) should be regarded as the launching State. Through the discussion at UNCOPUOS or the changes found in the State liability under general international law, the possibility to include such party as the launching State is to be examined. [ABSTRACT FROM AUTHOR]

This paper examines the dimensions, legal and policy implications, and ramifications of a proposed International Space Situational Awareness Organization (ISSAO), whose charter would be to provide leadership for international and collaborative stewardship of the space environment in LEO and beyond. As ever more satellites, rockets, and space stations are launched into space, the need for debris tracking, debris remediation, orbital traffic deconfliction, and definitions of 'best practices in caretaking the space environment' grow. Current organizations and programs are successful, at least to some extent, in educating the world on the potential dangers of space debris, and the importance of space situational awareness, yet they have little legal or political standing to provide enforcement, compliance, or remediation. Many global discussions related to space situational domain awareness have called for a cooperative international effort to create guidelines, if not charter an organization tasked with the stewardship of the space environment. Here, we examine important precedents set forth in international law and cooperation, and apply these to a proposed comprehensive body to steward space situational awareness and debris mitigation. We elucidate the requirements, enforceable powers, and probable limits of such an organization as well as important questions to be answered prior to establishment of such a body. [ABSTRACT FROM AUTHOR]

As in previous years, this third Progress Report provides an update on the developments of The Hague International Space Resources Governance Working Group. It focuses on the results of the last meeting of its first phase, which ended in December 2017 and provides an overview of the expected activities in its second phase from 2018-2019. Following a very brief recap of the purpose and functioning of the Working Group, the paper will focus on the major milestone achieved at the end of the first phase, namely the "Draft Building Blocks for the Development of an International Framework on Space Resource Activities". The Building Blocks were formulated as a basis for negotiations on a future governance system for the use of space resources and were widely made available in order to gather feedback from the international community at large, the results of which will be presented. The paper will also report on other progress made during the second phase of the Working Group, such as the establishment of a technical panel and a socio-economic panel and the results of the fifth face-to-face meeting. Lastly, the paper provides insight into the prospects for a successful conclusion of the activities of the Working Group and the way forward toward an international framework for the governance of space resources. All authors are closely involved with the creation and activities of the Working Group. [ABSTRACT FROM AUTHOR]

This paper tries to give orientation on which legal ramifications a plan for a Moon Village should observe. Through an analysis of the relevant provisions of international space law it shall be highlighted what kind of activities are compatible with international space law as well as which kind of legal developments of space law may be aimed at in order to make future activities of the Moon Village successful. [ABSTRACT FROM AUTHOR]

International cooperation is the key to the strongest peace in the world, to really constructive relations and the political, economic, cultural and humanistic development among all countries, all peoples and all mankind. There is an "extraordinary danger of the current moment," the Science and Security Board of the Bulletin of the Atomic Scientists said on January 25, 2018, when it decided to move the hand of the iconic Doomsday Clock to 2 minutes to midnight. The last time the symbolic Clock was this closing to midnight was in 1953, at the height of the First Cold War. (2) Now, 65 years later, we are in a Second Cold War, which propels a new and millionaire arms race into space, preparing a space war of inestimable consequences. The world community is "seriously concerned" about this concrete possibility, that can result in a limitless global collapse. The UN General Assembly Resolution 72-77, of December 7, 2017, makes an appeal "to all States Members, in particular those with major space capabilities, to contribute actively to preventing an arms race in outer space with a view to promoting and strengthening international cooperation in the exploration and use of outer space for peaceful purposes". This resolution also "requests the Committee [The United Nations Committee on the Peaceful Uses of Outer Space – UNCOPUOS] to continue to consider, as a matter of priority, ways and means of maintaining outer space for peaceful purposes." In its point of view, "the Committee should continue to consider the broader perspective of space security and associated matters that would be instrumental in ensuring the safe and responsible conduct of space activities, including ways to promote international, regional and inter regional cooperation to that end." (3) As if that were not enough, we are facing an unprecedented climate crisis today. The mainstream media seek to conceal or minimize the fact. But this is part of the problem of the need to maximize international cooperation. Without it, the crisis will continue to spread and threaten the lives of millions of people around the world. In this way, can international space cooperation be carried out effectively "on an equitable and mutually acceptable basis," as proposed the Declaration on International Cooperation (General Assembly Resolution 51/122, of December 13, 1996)? (4) Is it possible to ensure today "an equitable situation" on "a mutually acceptable basis" between developed and developing nations, whose distance increases more and more, mainly in military affairs? The present paper aims to discuss this and other similar issues. [ABSTRACT FROM AUTHOR]

Increasing commercialization and privatization of outer space and multifaceted uses and exploration of the space potential and benefits raise new challenges to the existing framework of international space law and its established procedural legal mechanisms. What are the legal perspectives of an adjustment, supersession or possible resistance of the five United Nations treaties on outer space? UNISPACE conferences have aimed to enhance international cooperation in the peaceful uses of outer space, including the promotion of common principles. UNISPACE+50 focuses, inter alia, on the issue of the "Legal regime of outer space and global space governance" and the effectiveness of the legal regime in the 21st century. Indeed, the international community is facing today new legal questions with respect to the exploitation of space recourses, multiplication of private space businesses, unilateral grants of national licenses to commercial sector, space traffic management, need for enhanced registration and precision of responsibility and liability regime, to name few. This presentation aims to introduce a general international legal framework of various procedural legal modes of further development of the five UN treaties, both in a de lege lata and de lege ferenda perspective. Light will be shed on the respective procedures of treaty law, prerequisites of the emergence of an international custom, role of non-legally binding standards, bottom-up impact of national legislations and assessment of an effective norm-making capacity of relevant stakeholders, all transposed in the space arena with regard to the current international space debate and practice of States. A selection of the most up-todate topics will serve as examples. This comprehensive legal outline aims to highlight various options that the UNISPACE dialogue and its agenda for the future can address. [ABSTRACT FROM AUTHOR]

The co-existence of more than one regional space cooperation entity in Asia presents the competition on the cooperation of space affairs in this territory. Against this background, the Asian space powers take all possible measures to attract more space partners. The Belt&Road Initiative (B&R), which is defined as a comprehensive strategy for China to meet the challenges brought by the globalization, provides opportunities for the space field. However, legal improvements are demanded to be made on both domestic and regional levels for responding to the relevant legal challenges. On the domestic level, the Chinese space regulation which is intended to be formulated before the year of 2020 is recommended to encompass fundamental principles and provisions friendly to non-governmental entities and foreign partners. On the regional level, the Asia-Pacific Space Cooperation Organization (APSCO) is required to transform its role from Chinese platform to compete with its Asian rivals on space cooperation affairs to a co-builder and services provider of the B&R space programs (e.g., the SIC). Accordingly, legal coordination approached to ensure implementing the "co-sharing" principle is needed to be made between APSCO and the SIC sponsor; moreover, APSCO itself must do modifying jobs to improve its legal framework to adapt the requirements of its new role. [ABSTRACT FROM AUTHOR]

In the light of the recently renovated interest in returning humans to the Moon, this paper addresses the main legal challenges related, with the goal to show practical solutions under the current system of international space law. In order to do so, the paper first presents an overview of current lunar exploration programs, arguing that public and private missions raise different challenges and thus require specific models. Following, it accordingly assesses possible legal solutions for the regulation of these programs. On the one hand, States' exploration programs may be governed by a revised version of the Intergovernmental Agreement already concluded for the International Space Station. On the other hand, private activities could be better organized relying on Articles VI-IX OST as integrated by a new UNGA Resolution, ad hoc bilateral agreements and specific provisions in national space legislations. Finally, the paper concludes underlining the importance of international cooperation as the key to ensure the peaceful use and exploration of outer space. [ABSTRACT FROM AUTHOR]

On the 2nd of December 2014, the ESA ministerial conference decided on the development of a new Launch System for Europe: Ariane 6. In order to ensure an independent European capability to access Outer Space the ESA Member States agreed on the end of the Ariane5 Programme and expressed their will of a new launcher (Ariane 6) to remain competitive on the launch market. This high level decision has raised multiple issues. One of the most important one concerns the relations and roles between all actors involved in the launch sector in Europe for this new project, to ensure the success of the launch services on the commercial and the institutional markets. In other words, the main question to be answered is the legal framework of such an important cooperation in space activities. The Ariane 6 project is a precursory programme for the European Space Agency in terms of a new procurement approach with industry. In fact, in order to make the industry responsible for the proper achievements of the project, ESA and its Member States decided to financially involve industry. This objective required a new distribution of the responsibilities. In the development of the Ariane 6 Launch System, which includes the development of the Launcher System including the delivery of a flight model for the Maiden Flight, and the development of the Launch Base, ESA will have the major role of Procurement Entity and of ensuring the coordination of the interfaces between the Launch System and the Launch Base. Even though the development contracts for the Ariane 6 projects have been signed in August 2015, many questions on the share of responsibilities are not clear for the development phase. This is even more true for the exploitation phase for which the distribution of roles are uncertain. This paper aims to address the responsibilities of the main actors of this project in development and in exploitation. [ABSTRACT FROM AUTHOR]

This year the world celebrates the 60th anniversary of the Space Age and 50 years of the Outer Space Treaty. International cooperation has been a crucial factor in the development of the world space community since the very first steps of space exploration and remains one of the most challenging conditions for its success today and in future. Owing to a long-standing tradition, international cooperation has always been at the core of the then Soviet and the modern Russian space policy and law. This article presents an analysis of the modern Russian legislation and key political documents in the area of space activities with a focus on international cooperation. Special attention is given to the recent changes in the national political and regulatory regime resulting from an ongoing fundamental reform of the Russian space industry in response to the main international initiatives (safety and long-term sustainability of space activities, non-placement of weapons in outer space, space debris mitigation, etc.) and new global trends of space activities (prospects of extraterrestrial resource mining, space traffic management, global space governance and others). [ABSTRACT FROM AUTHOR]

The Manual of International Law Applicable to Military Uses of Outer Space (MILAMOS process to produce the 'McGill Manual') is currently being developed jointly by The University of Adelaide, McGill University and the University of Exeter. The core participants of this project include practitioners, academics, technical experts, military officers and government lawyers. The production of such a Manual is critical and timely given the international community is increasingly recognizing that warfare conducted in, to and from outer space is both foreseeable and potentially highly damaging to national security interests as well as civilian activities on earth and space. Despite this, there has been little interest in formulating any kind of new legal instrument that grapples with this militarization phenomenon. Moreover, there has also been insufficient research and a lack of clarity on the interactions between international space law and the law relating to the Use of Force and International Humanitarian Law. This paper considers the role of International Operational Law Manuals in providing a non-binding architecture for normative compliance and highlights key legal issues that are being navigated in the MILAMOS process. [ABSTRACT FROM AUTHOR]

In the Asia-Pacific region India, China, Japan, South Korea, Australia and some others have been major space players; whereas Australia, Japan and South Korea has enacted its national space legislation. Indonesia has also ratified international space treaties. For future development of space activities including commercialization of space activities the Republic of Indonesia on 6th August 2013 promulgated its Law on Space Activities. This paper is in two parts wherein the first part discusses the international space treaties that establish the scientific basis for national space legislation. In the second part analytical study of the Indonesian Space Act has been done in comparison with the 2013United Nations General Assembly Resolution (UNGAR) on national space legislation. The paper reflects upon how Indonesia in its pristine Act has addressed the issues of authorization and supervision, liability for damages, insurance, indemnification, registration, environmental aspects and others. [ABSTRACT FROM AUTHOR]

The development of space-related technology since the dawn of the space age in 1957 has given rise to many new and exciting possibilities. It has also meant that space activities continue to evolve, facilitating the participation of a variety of space 'actors' other than States. Given the international responsibility of States for 'national activities in outer space' under both customary international law and the Outer Space Treaty, there is an imperative for States to enact relevant and contemporary national space law to regulate those non-governmental space actors within their respective jurisdiction. But enacting national space law is not enough - as the paradigm of space-related technology changes and evolves, it is clear that such shifts require the ongoing review of appropriate national regulatory standards over relatively short timeframes. National legislatures have to come to grips with the everchanging range of space technology, particularly if they wish to become increasingly involved in space activities. Whatever rules are put in place during the review process must find the right balance between, on the one hand, the need for regulation of the economic and technical elements, so as to minimise the risks to an acceptable level, and the facilitation of research and innovation to allow for greater and more efficient access to space, and the potential for commercial returns, on the other. This paper will describe this process of review and rejuvenation of existing national space laws in both Australia and Canada, outlining the relevant factors that were taken into account in order to maximise the utility of the regulations to meet the specific goals and requirements within each country. [ABSTRACT FROM AUTHOR]

This paper reports on the developments of The Hague Space Resources Governance Working Group since its establishment in 2015, and more specifically it provides an update since the first Progress Report presented during the IISL Colloquium at the 67th International Astronautical Congress in Guadalajara in September 2016 (IAC-16- E7.2.1). After a brief reminder of the purpose, objectives and structure of the Working Group, the paper elaborates on the progress made on the "Building Blocks" that the Group formulated for a future governance system for the use of space resources. It reports on the outcome of the four face-to-face meetings of the Working Group held in 2016 and 2017 in Leiden, three of which took place after the first Progress Report was presented. These meetings resulted in a considerable level of agreement among the members of the Working Group on the nineteen Building Blocks that could form the basis of negotiations on an international framework. The paper elaborates on the content of the said building blocks, with reference to the discussions that took place during the meetings of the Working Group. Finally, the paper provides insight into the prospects for a successful conclusion of the activities of the Working Group and the way forward toward an international framework for the governance of space resources. All authors are closely involved with the creation and activities of the Working Group. [ABSTRACT FROM AUTHOR]

Natural resources beyond our planet could be exploited by private companies under title of "NewSpace" initiatives. Space mining has attracted the attention of universities and mining companies around the world, who see in it an opportunity they can benefit from. The goal of mining asteroids is an objective which demands a huge financial investment as well as the most advanced technical capabilities in order to be successful. However, the issue raises some legal questions. It remains to be seen whether private companies will legally be able to appropriate resources that, under international space treaties, and whether national space law and regulations can be approved exploitation by private companies in despite of the treaties. The legal framework which regulates this activity is equally complex. Article II of the space Treaty established that Outer space, including the Mon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means and Article 11.3 of the moon Agreement stated that Neither the surface nor the subsurface of the moon, nor any part thereof or natural resources in place, shall become property of any State, international intergovernmental or non-governmental organization, national organization or nongovernmental entity or of any natural person. The international treaties are binding on both States and their nationals, and consequently space mining cannot be undertaken by companies for private gain in a way that would exclude the rest of mankind. However, the situation today is very different to when the original treaties were first enacted, and there is no specific regulation on this matter, new regulation is required to regulate and promote this activity. This article suggests that international community needs a new regulation especially about responsibility and liability for private section to promote and open up this activity. It would be advisable, when preparing any new regulations, to take into the account two similar treaties to unify regulations on private international law about activity of private section in international level, since they have been the subject of intense legal debate as both are considered to and not subject to the jurisdiction of a specific country. [ABSTRACT FROM AUTHOR]

The UN COPUOS Working Group on the Long-term Sustainability (LTS) of Outer Space Activities has been continuously facilitating the adoption of the guidelines for the long-term sustainability of outer space activities. There are more than one third of the draft guidelines that have been reached consensus within the working group, while the left ones are still under discussion. In the context of building an international mechanism for "Long-term Sustainability of Outer Space Activities" in the UN platform, drafting relevant standards and procedures of active space debris removal were put on the agenda. Before relevant technical standards coming out, it is necessary to study the legal issues of active space debris removal. This article argues that, according to various legal documents and national practices, space debris still belongs to the "space objects" stated in the Outer Space Treaty regime, and the active removal of space debris is still regulated by the existing framework of international law; the removal of recognizable space debris is not only the right but also the obligation for its producing countries; for unrecognizable space debris, when they pose a threat to the common interests of humankind, any State of the international community has the right to remove it; in the case of facing identifiable space debris owned by other countries, any threatened countries and countries with removal capability also have right to remove these debris, subject to confirmation of their dangers and urgency. [ABSTRACT FROM AUTHOR]

Recently, SpaceX announced that it would send passengers to the moon in 2018. With the new round of space exploration boom, national research institutions, commercial enterprises are committed to the study of more advanced and economical spacecraft to explore and develop outer space. As a result, more spacecraft will be launched into space. Therefore, it is necessary to establish a system of traffic rules for navigation in outer space. Although different modes of transport follow different traffic rules, however, many of these traffic rules are similar. The rules of preventing collisions in outer space should also be similar to other rules of preventing collisions in basic principles and measures to preventing collisions. This is not only the consideration of the efficiency of making rules, but to consider the coordination of navigation in outer space and air navigation, because the navigation in outer space and air navigation are not two independent concepts. As a representative of a type of spacecraft designed for space travel, SpaceShipTwo, the spacecraft of Virgin Galactic, has both the characteristics of spacecraft and aircraft. This type of aircraft is similar to a seaplane, which could both navigation in water and air. While a seaplane is navigating in water, it follows the rules of water navigation, such as the 2005 COLREGS, while this seaplane navigating in the air, it follows the rules of air navigation. It seems to increase the burden of the pilot that demand a seaplane to follow different rules of preventing collisions in the water or the air. However, Because of the similar basic principles and measures to preventing collisions in both rules of water navigation and air navigation, this worry seems to be misplaced. This paper will first address the commonality in all modes of traffic rules. Especially the basic principles and measures to preventing a collision. It will list the essential principles and measures in air navigation, and study whether these principles and measures can be applied to air navigation. Finally, the paper will address the problems may be involved in the air traffic management while spacecraft are navigating in the air. [ABSTRACT FROM AUTHOR]

Transparency and confidence-building measures (TCBMs) are sets of instruments designed by international diplomacy to influence States' responsible behavior, strengthen information-sharing among them, and increase transparency in international affairs. Although TCBMs first appeared for 'terrestrial' international affairs, their relevance for outer space exploration and exploitation was soon recognized, signaling the start of a rapid creation of dedicated measures. In fact, nowadays there are many examples of TCBMs in outer space activities, and these instruments provide a political framework in which States can cooperate trying to preserve outer space security, safety, and sustainability. Their importance is particularly remarkable considering the difficulties associated both with modifying and updating the existing legal framework, and the creation of new binding norms. The Outer Space Treaty (OST) contains provisions that can be categorized as TCMBs: Articles V, IX, and XI, inter alia, provide a valid example, contributing to the implementation of several principles at the heart of international space law (ISL): the freedom of access and use, non-appropriation etc. Although in that respect the OST can be seen as a precursor of those measures in connection to outer space, it is important to say that there are some weaknesses, among which the most important is absolutely the lack of provisions establishing pragmatic mechanisms to enhance and supervise the implementation of those measures. This is why the current development of the TCBMs can be seen with favor, filling the lacunae of ISL. In light of the aforementioned considerations, the paper will analyze some recently adopted TCBMs pertaining to outer space activities, explaining their foundation in the OST and assessing their relevance, both in principle and in practice, in contributing to outer space security, safety, and sustainability. Moreover, the role that International Governmental Organizations (IGOs), especially United Nations (UN) specialized agencies, play in that context will be shown, examining the TCBMs implemented by them, and emphasizing their connection with ISL principles established by OST. In particular, given its role of primus inter pares among the UN specialized agencies involved in international space governance, a special importance will be accorded to the International Telecommunication Union (ITU). Specifically, implications of Resolution 186 'Strengthening the role of the ITU with regard to transparency and confidence-building measures in outer space activities', adopted at Busan by the ITU Plenipotentiary Conference in 2014, will be discussed in depth. [ABSTRACT FROM AUTHOR]