3,320 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]
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- 2024
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3. Capitalising on Uncertainty: Exploring the Failure of International Law to Address the Risk Generated by the Proliferation of Space Debris.
- Author
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Seffinga, Vincent
- Subjects
SPACE law ,SPACE debris ,OUTER space ,POWER (Social sciences) ,RISK society - Abstract
The increase in the number of space activities in recent decades has led to a concomitant increase in space debris in orbit around Earth. Space debris pose a risk not just for specific satellites, but also on a systemic level, as a collision cascade can result in the near-Earth orbits becoming unusable. In turn, this would entail a loss of the services currently provided through satellites. The international community has recognised this risk. Despite this, states are reluctant to negotiate and conclude international legal rules to address the proliferation of space debris. This article explores a root cause of this discrepancy. It argues that while law is typically seen as the regulator of uncertainty, international law's regulation of outer space – under the interests of global capital investors – is directed by principles that support processes of commodification (i.e., the freedom of use), rather than principles that manage the risks associated with the proliferation of space debris as these would constrain (or are perceived to constrain) the expansion of capital (e.g., the precautionary principle). Therefore, international law – at the level of principles – is a co-producer of uncertainty. This conclusion is reached by exploring the proliferation of space debris through Ulrich Beck's world risk society and by incorporating capital and economic power into his work. This inclusion reveals (i) that it is the accumulation of capital that generates risks and (ii) that capital exploits the socially constructed nature of risk to legitimise its expansion. International law – as both a regulator and co-producer of uncertainty – plays an essential role in legitimising these processes. [ABSTRACT FROM AUTHOR]
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- 2024
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4. 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
- Subjects
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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5. The value of space activity.
- Author
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Lowe, Rebecca
- Subjects
SPECIAL purpose acquisition companies ,SCIENTIFIC knowledge ,ECONOMIC forecasting ,SPACE industrialization ,SPACE law ,ASTRONAUTS - Abstract
This article explores the value of space activity in terms of its financial impact, contribution to human well-being, and its potential benefits for non-human entities. The financial value of space activity is difficult to determine due to the overlap between space and non-space activities, but it is widely acknowledged that the space economy is growing and expected to continue expanding. Space activity also brings about positive outcomes, such as advancements in knowledge and the potential to address societal goals. However, there are challenges in distributing the opportunities and benefits of the space economy, as it is currently dominated by a small number of countries and individuals. Questions arise regarding the regulation and governance of space activity, including property rights and taxation. It is important for humanity to establish an effective and morally justified system for assigning legal property rights in space to avoid monopolization and limited outcomes. The article also highlights the contribution of space activity to basic human goods, such as happiness and knowledge. Firsthand experiences of space have been shown to bring happiness to individuals, and space activity has contributed to advancements in medical knowledge and technology. Additionally, space knowledge can have implications for national defense and security, as well as potentially promoting peace on Earth. The article also suggests that space activity can enhance conservation efforts and potentially lead to the discovery and engagement with extraterrestrial life. Overall, space activity holds significant value in various aspects and is expected to continue growing in the future. [Extracted from the article]
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- 2024
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6. Obligations and liabilities concerning the active removal of foreign space debris: A global governance perspective.
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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]
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- 2024
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7. Legal Implications of Artificial Intelligence in Outer Space Activities and Explorations.
- Author
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Kaur Walia, Ivneet
- Subjects
SPACE law ,SPACE exploration ,OUTER space ,LEGAL documents ,ARTIFICIAL intelligence - Abstract
Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional 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.)
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- 2024
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8. Corporate Attributed Lawmaking under the Outer Space Treaty of 1967.
- Author
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Lively, Matthew
- Subjects
SPACE law ,OUTER space ,PROPERTY rights ,EXTRATERRESTRIAL resources ,CUSTOMARY international law - Abstract
The Outer Space Treaty of 1967 ('OST') bars national appropriation of celestial bodies in space. Many authoritative interpretations agree that this includes asteroids. The bar and the general constraints and ambiguities of the OST have stymied commercial space development for the past several decades. One such ambiguity is that the use of outer space 'shall be the province of all mankind'. The United States' passage of the Commercial Space Launch Competitiveness Act of 2015, which recognized private property rights in space resources in private individuals, is part of a space law paradigm shift. In an increasingly multipolar and destabilizing geopolitical environment, where treaty practice and customary international law may again take primacy over treaty making, the United States' position might become the dominant one. The principle of limited private appropriation in space has been adopted by a few other countries but has principally been espoused by private corporations through what Professor Melissa Durkee calls 'attributed lawmaking'. These corporations have focused their interpretation of the OST on Article II and property rights. Interestingly, corporations have been silent on Article I's statement that 'The...use of outer space...shall be the province of all mankind[]' and Article II's definition of 'celestial bodies'. This article provides two arguments that corporations could employ to advance a more holistic and commercial-friendly interpretation (particularly for asteroid mining) of the OST: Article I might not prohibit private ownership of space resources if that ownership ameliorates global challenges and Article II's definition of celestial bodies may not include asteroids. [ABSTRACT FROM AUTHOR]
- Published
- 2024
9. 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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10. 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
- Subjects
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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11. 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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12. The ‘Gateway’: Need for Respecting International Space Treaties’ Obligations.
- Author
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Bhat, B. Sandeepa
- Subjects
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SPACE law , *TREATIES , *SPACE exploration , *INTERNATIONAL law , *TWENTY-first century - Abstract
The international space treaties of the twentieth century were developed on the strong foundations of common benefits and rights of humankind in the exploration and use of outer space. Twenty-first century space developments, especially commercial, are posing serious challenge in the practical implementation of treaty obligations. The Gateway is one such project that has taken shape in the recent past, which raises multiple questions under the provisions of the United Nations space treaties. This paper attempts to unearth some of the most significant issues that arise out of the interplay between the project Gateway and obligations of States under the international space treaties. The focal point of argument here is to protect the sanctity of the foundational principles of international space law to ensure orderly developments in the space sector. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. Space: An Increasingly Congested and Contested Frontier.
- Author
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Impey, Chris
- Subjects
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SPACE race , *SPACE debris , *COMMERCIAL space ventures , *GREAT powers (International relations) , *INTERNET speed , *EXPLOITATION of humans , *COUNTRIES ,DEVELOPING countries - Abstract
We are witnessing a new space race. In the past few years, the number of successful launches to low Earth orbit has been higher than at any time since Sputnik. Commercial space companies, led by SpaceX and Blue Origin, have developed reusable rockets that are fundamentally changing the economics of spaceflight and opening new markets for recreation and tourism. Large numbers of small satellites are being deployed to monitor Earth resources and deliver high speed Internet to developing countries. Meanwhile, a growing number of countries have built space programs, and a superpower rivalry between China and America has replaced the traditional competition between Russia and America. All this activity raises legal and ethical issues. Space debris is accumulating at a rapid rate, creating a hazard for humans and hardware in low Earth orbit. Currently, there is no real incentive for companies or governments to mitigate this threat. The ownership of space resources is not covered by international law and in most countries, spaceflight is subject to very little regulation. Another concern is the potential militarization of space by the major powers. As we explore space, exploitation may be taking precedence over conservation. Hopefully, the economic benefits of space will be realized while the activity grows ethically and sustainably. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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14. ILC Draft Conclusions on General Principles of Law Through the Lens of Air and Space Law Practices.
- Author
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Zhang, Luping
- Subjects
- *
SPACE law , *LEGAL procedure , *INTERNATIONAL organization , *APPLICABLE laws , *RULE of law , *AVIATION law , *PRACTICE of law - Abstract
The article discusses the draft conclusions on general principles of law (GPL) through the lens of air and space law practices. It highlights the controversy surrounding the identification of a second category of GPL and its potential impact on the international legal order. The article provides examples from outer space law and international civil aviation to illustrate the challenges and complexities of incorporating GPL into these areas. It also touches on the role of regional or bilateral GPL and raises questions about the relationship between GPL and treaties and customary international law. The article concludes by emphasizing the importance of examining the necessity and feasibility of a second category of GPL in different areas of international law. [Extracted from the article]
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- 2024
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15. 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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16. 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
- Full Text
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17. 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
- Full Text
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18. المسؤولية الجنائية الدولية عن الأضرار الناجمة عن الحطام الفضائي (دراسة تحليلية في ضوء قانون تنظيم قطاع الفضاء الإماراتي).
- Author
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نوره عبدالله الج and منال مروان منجد
- Abstract
Copyright of University of Sharjah Journal of Law Sciences (JLS) is the property of University of Sharjah - Scientific Publishing Unit 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.)
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- 2024
- Full Text
- View/download PDF
19. The Legality of Space Cyber Security: 'When Could Space Cyber Security Tend Towards Infringing Legality?'
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Wilson, Simon M., Pozza, Maria A., Series Editor, Jahankhani, Hamid, editor, Kendzierskyj, Stefan, editor, and Pournouri, Sina, editor
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- 2024
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20. The Principle of ‘Due Regard’ in the Light of the Artemis Accords for a Sustainable Lunar Exploration
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Martin, Anne-Sophie, Pozza, Maria A., Series Editor, Jahankhani, Hamid, editor, Kendzierskyj, Stefan, editor, and Pournouri, Sina, editor
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- 2024
- Full Text
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21. The Intergovernmental Panel on Climate Change and the Role of Satellites in Data Collections and Observations
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Variath, Adithya, Taori, Palak, Pozza, Maria A., Series Editor, Jahankhani, Hamid, editor, Kendzierskyj, Stefan, editor, and Pournouri, Sina, editor
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- 2024
- Full Text
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22. Liability for Environmental Damage in Outer Space and Its Insurance
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Malinowska, Katarzyna, Hopej, Kaja, Marano, Pierpaolo, Series Editor, Bataller Grau, Juan, Editorial Board Member, Chang, Johnny, Editorial Board Member, Chrissanthis, Christos S, Editorial Board Member, Cousy, Herman, Editorial Board Member, Grima, Simon, Editorial Board Member, Gurses, Ozlem, Editorial Board Member, Heiss, Helmut, Editorial Board Member, Hjalmarsson, Johanna, Editorial Board Member, Kochenburger, Peter, Editorial Board Member, Koezuka, Tadao, Editorial Board Member, Kullmann, Jérôme, Editorial Board Member, Kuschke, Birgit, Editorial Board Member, Kwon, W. Jean J., Editorial Board Member, Landini, Sara, Editorial Board Member, Lara Gonzáles, Rafael, Editorial Board Member, Lima Rego, Margarida, Editorial Board Member, Lin, JJ, Editorial Board Member, Luo, Can, Editorial Board Member, Malinowska, Katarzyna, Editorial Board Member, Martinez, Leo P., Editorial Board Member, McCoy, Patricia, Editorial Board Member, Meggit, Gary, Editorial Board Member, Merkin, Robert, Editorial Board Member, Millard, Daleen, Editorial Board Member, Munoz Paredes, Maria Luisa, Editorial Board Member, Nakaide, Satoshi, Editorial Board Member, Norio, Jaana, Editorial Board Member, Noussia, Kyriaki, Editorial Board Member, Núñez, Laura, Editorial Board Member, Perner, Stefan, Editorial Board Member, Ríos Ossa, Roberto, Editorial Board Member, Rokas, Ioannis, Editorial Board Member, Siri, Michele, Editorial Board Member, Van Schoubroeck, Caroline, Editorial Board Member, Veiga Copo, Abel, Editorial Board Member, Verheyen, Wouter, Editorial Board Member, Wandt, Manfred, Editorial Board Member, Wang, Hsin-Chun, Editorial Board Member, Yeşilova Aras, Ecehan, Editorial Board Member, Zhu, Ling, Editorial Board Member, and Maśniak, Dorota, editor
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- 2024
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23. Space weapons and the increasing militarisation of outer space: Whether the legal framework is fit-for-purpose
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Pope, Roxanne
- Published
- 2021
24. Artemis accords: A new path forward for space lawmaking?
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Neef, Rachel
- Published
- 2021
25. 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]
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- 2024
- Full Text
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26. Is International Space Law Interactional?
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NELSON, JACK WRIGHT
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SPACE law ,INTERNATIONAL law ,INTERNATIONAL obligations ,TREATY on Principles Governing the Activities of States in the Exploration & Use of Outer Space, Including the Moon & Other Celestial Bodies (1967) - Abstract
Scholars, states, and non-state organizations are intensifying their efforts to expand the legal regime governing outer space activities. But would an expanded space regime be effective in guiding and controlling behavior in space? In this Article, I argue that this question must be answered in the negative. My argument draws upon the interactional approach to international law. This approach posits that a regime will generate a sense of legal obligation among its subjects if it is based on shared understandings, satisfies eight criteria of legality, and is sustained by a practice of legality. Testing the space regime along these three axes, I conclude that key aspects of this regime--namely, the Outer Space Treaty and the International Telecommunications Union--are only partially compliant with the criteria and practice of legality. The results of this analysis suggest that we do not need more law in space. Rather, we need better use of the law we already have. [ABSTRACT FROM AUTHOR]
- Published
- 2024
27. 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
- Subjects
- *
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
- Full Text
- View/download PDF
28. Finding a North Star: Lessons in Space Law for the Nuclear Regime.
- Author
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Magilton, Elsbeth
- Subjects
- *
SPACE law , *NUCLEAR arms control , *SOFT law , *INTERNATIONAL law - Abstract
This paper applies lessons from the Artemis Accords to the nuclear arms regime--specifically asking whether strategic soft law agreements could create a stop gap for the shortcomings of nuclear arms control. Soft law can lead to more consistent communications, helping build predictability and trust, which is a recipe for a more secure world. *This essay is updated from a previously published version and appears here by permission of the Minnesota Journal of International Law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
29. Protecting the Cosmos: Defining Celestial Bodies in the Outer Space Treaty.
- Author
-
Epstein, David
- Subjects
- *
SPACE law , *OUTER space , *TREATIES , *DEFINITIONS ,UNIVERSE - Abstract
Lack of a clear definition of the term "celestial bodies" as used in the 1967 Outer Space Treaty risks exporting legal and political conflict into the cosmos. *This essay is updated from a previously published version and appears here by permission of the Journal of Space Law at Ole Miss. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. تعهد به استفادۀ صلحآمیز از فضا در ارتباطات رسانهای.
- Author
-
امیر مقامی and فرزانه یزدخواست&
- Abstract
Mankind's effort to not extend the scope of militarism to outer space on one hand and the fear of great powers from the superiority of competitors in space activities on the other hand caused the necessity of peaceful use of space to be repeated in almost all existing instruments about the activities of states in outer space, which has turned this necessity into a binding rule. The necessity of using this principle in media communication is even greater due to the numerous examples of using the media to promote war and the like. In addition, the use of media is closely related to human rights and states sovereignty. The question is whether the principle of peaceful use of space in media communication is valid and enforceable. The hypothesis that we seek to prove is the principle of the necessity of peaceful use of space in media communication to play the role of a filter in not turning the media into a means of harming the rights of individuals or the sovereignty of states. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. The Mexican Space Industry: Past, Present, and Future.
- Author
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ECHAZARRETA, KATYA
- Subjects
- *
SPACE industrialization , *SPACE law , *OUTER space & international relations , *SPACE Age, 1957- - Abstract
The article focuses on Mexico's trajectory in the global space industry over nearly four decades, emphasizing its evolution from primarily meeting commercial needs to potential national development goals. Topics include Mexico's early satellite initiatives like the Morelos system, its challenges in achieving technological independence, and efforts such as the formation of the Mexican Space Agency and participation in regional space initiatives like ALCE.
- Published
- 2024
32. The importance of the space force: Where strategic doctrine meets grand strategy.
- Author
-
Colucci, Lamont C. and Fulmer, Colonel J. D.
- Subjects
- *
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]
- Published
- 2024
- Full Text
- View/download PDF
33. 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
- View/download PDF
34. 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
35. Safe space?
- Subjects
- *
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]
- Published
- 2024
- Full Text
- View/download PDF
36. Conceptualising sustainability in outer space resource utilisation
- Author
-
De Zwart, Melissa, Henderson, Stacey, and Neumann, Michelle
- Published
- 2023
37. Antisatellite Testing and a Whole New Era in Spacefaring: The Implication of China’s 2007 ASAT Test on Global Security and Strategic Intelligence.
- Author
-
Mosila, Andreea and Burch, James
- Subjects
- *
SPACE law , *SOFT power (Social sciences) , *SPACE race , *POWER (Social sciences) , *SPACE surveillance - Abstract
The article focuses on the implications of China's 2007 anti-satellite (ASAT) test for global security and strategic intelligence. Topics include the impact of spacefaring as a domain of power, the significance of the ASAT test in shaping space policy and security, and the need for improved international governance and norms to address space-related threats.
- Published
- 2024
- Full Text
- View/download PDF
38. 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.
- Published
- 2023
- Full Text
- View/download PDF
39. Satellite Navigation in Ukraine: Legal Frameworks and Implications for Space Security
- Author
-
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.
- Published
- 2023
- Full Text
- View/download PDF
40. Collective Security Crisis: Challenges to Space Law and Space Security
- Author
-
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
- View/download PDF
41. Long-Term Sustainability of Outer Space Activities and Space Traffic Management
- Author
-
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.
- Published
- 2023
- Full Text
- View/download PDF
42. Globalization and AI Data Gathering in/from Outer Space: Building upon Lessons Learned at the European Level
- Author
-
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.
- Published
- 2023
- Full Text
- View/download PDF
43. Does astrobotany help future space exploration efforts?
- Author
-
Rasmussen, Kai, Dahl, Shawn, Freeland, Steven, Rickman, Emily, Wurster, James, Melvin, Leland, and Greene, Brian
- Subjects
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
44. UNITED NATIONS?
- Subjects
SPACE law ,OUTER space ,SPACE race ,LUNAR south pole ,ENGINEERS - Abstract
The article discusses China's advancements in space exploration, including Kyrgyzstan joining its International Lunar Research Station (ILRS) project, Russia's collaboration with China on a lunar nuclear reactor for ILRS, and China's advocacy for international space law discussions on lunar ice mining rules at the United Nations. It also highlights China's space achievements, such as its recent spacewalk by astronauts from the Shenzhou-17 mission and its plans for future lunar missions.
- Published
- 2024
45. Army Space Policy: Past, Present, and Future.
- Author
-
Dean, S. Lacey
- Subjects
- *
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
46. THE PROVINCE OF ALL MANKIND.
- Author
-
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
47. Legal considerations on a regional security organization for planetary defence.
- Author
-
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
48. THE LAWS OF SPACE WARFARE: A TALE OF NON-BINDING INTERNATIONAL AGREEMENTS.
- Author
-
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
49. Criminal Law – Then, Now, Tomorrow, Queen Elizabeth II Courts of Law, Brisbane, 2 January 2023 to 31 December 2024.
- Author
-
Andresen, Bridget
- Subjects
- *
CRIMINAL law , *SPACE law , *LAW reform , *CRIMINAL justice system , *LEGAL history , *DOMESTIC violence , *ROYAL weddings - Abstract
The article discusses the Criminal Law - Then, Now, Tomorrow exhibition at the Sir Harry Gibbs Legal Heritage Centre in Brisbane, Australia. The exhibition provides an accessible introduction to the history of Queensland's criminal legislation and judicial system, divided into three sections: 'then', 'now', and 'tomorrow'. It explores landmark moments in Queensland's past, recent law reforms, and future issues that criminal legislation will need to address. The exhibit is educational and thought-provoking, inviting visitors to consider their own opinions and fostering discussion on criminal law. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
50. 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
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