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This book documents the latest research relating to the legal aspects of satellite remote sensing, which is still largely unregulated, and identifies shortcomings in the current legal regime before proposing improvements needed for its full utilisation.
The Proceedings of the Conferences on Air and Space Law, organized in Asia by the Asian Institute of Air and Space Law, are establishing themselves as a major source of up-to-date and thought-provoking literature on the latest international developments. The organizers have again succeeded in attracting the most influential and provocative contributors, and their well-edited papers make a significant addition to the worldwide discussions on the vital question of the use of Air and Outer Space.
The purpose of this book is to provide readers with the basic introduction of outer space law. It contains full, detailed and generic clarification and explanation of the provisions of the United Nations outer space treaties and resolutions.
Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.
Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
The 'Cologne Commentary on Space Law' is a three-volume annotation on the written norms of space law as enunciated through the Treaties of the United Nations and its General Assembly Resolutions. Volume I focuses on the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, popularly known as the ?Outer Space Treaty?. A broad international authorship of twenty experts addresses the historical overview and provides a provision by-provision interpretation of the Outer Space Treaty. This Volume also includes insights into the subsequent State practice, present-day applicability and future perspectives of the Treaty. The other four UN Treaties, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention and the 1979 Moon Agreement, are addressed in Volume II, which was published in 2013. Volume III (published in 2015) delves into the eight most relevant United Nations General Assembly Resolutions/Principles on space activities. On the occasion of the 50th anniversary of the Outer Space Treaty, Volume I of the 'Cologne Commentary on Space Law' has been translated into Russian.
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
International Space Law and the United Nations is a comprehensive collection of writings by the author on this latest branch of international law. The book covers a number of subjects highlighted by discussions of the United Nations Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee. The book also takes into account the influences that international organizations have had on the development of space law and includes several perspectives of developing countries on this subject. This publication is an outstanding educational and reference tool, as the author tackles this complex subject in an organized and rational manner. The author, a key participant at the United Nations in the development of international law relating to activities in space, traces the history of that development, giving clear insight into the workings of the Committee on the Peaceful Uses of Outer Space, and establishes space law as a distinct legal discipline. Subsequent chapters are devoted to the various issues that have given rise to the growth of this discipline, including arms control; economic and social development; specific provisions contained in the outer space treaties and how they relate to practical matters, such as dispute resolution; private sector growth and commercialization in space activities; international cooperative programmes, particularly those developed under the auspices of the United Nations, and recent developments and future issues facing the space-faring community. The book is an excellent source for further research in the field of space law. It is a must for students and practitioners and those interested in international organizations.