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Series on International Taxation #78 By international consensus, space is considered as a commons for all humanity. Now, however, as space activities and technologies are chiefly focused on commercial interests in extraterrestrial mineral resources, the mechanisms for the allocation of space mining resources must be framed in a way that will balance the efficient use of resources with a fair and stable tax system. This book, which combines first-hand knowledge of both the aerospace issues involved and the tax field, is the first to discuss in depth the yet-to-be-resolved practicalities of taxation of resources mined in space. Arguing that the space mining industry should be regulated in a way that will ensure an attractive investment climate for space entrepreneurs and the existence of a stable fiscal regime that will finance the costs of conservation and utilization of space resources, the author proposes an international royalty system to help achieve industry goals, such as efficiency, administrative convenience, and sustainability. The book explores the following aspects of the topic: assignment of ownership rights to space resources; the risk–tax revenue trade-off between space mining industries and governments; distributional pressures to offset competition for resource profits; uniform collection of royalties; intergenerational equity and a space property rights system; determining jurisdictional boundaries associated with commercial space mining projects; allocation of external costs such as pollution, environmental degradation, and the clean-up of debris; and liability risks of companies and the launching state. As governments and private entities around the globe invest in space-appropriate technologies and exploration evolves toward permanent presence in space colonies, this comprehensive analysis of alternatives for choosing the optimal resource management regime in space and for shaping a unique tax regime for the emerging space industry provides concerned policymakers with guidelines that promise to secure a practical, affordable, and sustainable development of the space economy. Lawyers working for or representing companies engaged in or contemplating space activities, policymakers, and anyone interested in tax and the space economy will welcome this signal contribution to a growing field of human endeavor. “This is an outstanding book and a must read for anyone interested in tax or the future of humanity in the cosmos. Dr. Galya Savir used to work in the Aerospace industry and, in her book, Dr. Savir combines unique and extraordinary expertise in both space technology and tax. Thus, this product is the only competent book in this area.” Avi-Yonah, Reuven S, Irwin I. Cohn Professor of Law
Series on International Taxation #78 By international consensus, space is considered as a commons for all humanity. Now, however, as space activities and technologies are chiefly focused on commercial interests in extraterrestrial mineral resources, the mechanisms for the allocation of space mining resources must be framed in a way that will balance the efficient use of resources with a fair and stable tax system. This book, which combines first-hand knowledge of both the aerospace issues involved and the tax field, is the first to discuss in depth the yet-to-be-resolved practicalities of taxation of resources mined in space. Arguing that the space mining industry should be regulated in a way that will ensure an attractive investment climate for space entrepreneurs and the existence of a stable fiscal regime that will finance the costs of conservation and utilization of space resources, the author proposes an international royalty system to help achieve industry goals, such as efficiency, administrative convenience, and sustainability. The book explores the following aspects of the topic: assignment of ownership rights to space resources; the risk-tax revenue trade-off between space mining industries and governments; distributional pressures to offset competition for resource profits; uniform collection of royalties; intergenerational equity and a space property rights system; determining jurisdictional boundaries associated with commercial space mining projects; allocation of external costs such as pollution, environmental degradation, and the clean-up of debris; and liability risks of companies and the launching state. As governments and private entities around the globe invest in space-appropriate technologies and exploration evolves toward permanent presence in space colonies, this comprehensive analysis of alternatives for choosing the optimal resource management regime in space and for shaping a unique tax regime for the emerging space industry provides concerned policymakers with guidelines that promise to secure a practical, affordable, and sustainable development of the space economy. Lawyers working for or representing companies engaged in or contemplating space activities, policymakers, and anyone interested in tax and the space economy will welcome this signal contribution to a growing field of human endeavor. "This is an outstanding book and a must read for anyone interested in tax or the future of humanity in the cosmos. Dr. Galya Savir used to work in the Aerospace industry and, in her book, Dr. Savir combines unique and extraordinary expertise in both space technology and tax. Thus, this product is the only competent book in this area." Avi-Yonah, Reuven S, Irwin I. Cohn Professor of Law
This book addresses the complex technical challenges presented by remote space mining in terms of robotics, remote power systems, space transport, IT and communications systems, and more. It also addresses the difficult oversight and regulatory issues that face states and non-state enterprises that would take on the perilous task of obtaining natural resources from the Moon and asteroids. An increasing number of countries are becoming involved in space-related activities that were previously carried out primarily by the United States and the USSR (now the Russian Federation). How these regulatory endeavors might be handled in international treaties, standards, codes of conduct or other means have become a truly international political issue. And there is yet another issue. In the past, space activities traditionally fell under the exclusive domain of government. But the last few years have seen the emergence of the private sector of "space entrepreneurs." This poses many challenges for the pre-existing governance regimes and state-based conceptions of international law. This book examines the adequacies and ambiguities in treaty provisions and national laws and in currently accepted practices involving the growing exploration and exploitation of space-based natural resources.
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
Presents and addresses key space law and policy issues for the benefit of wider informed audiences that wish to acquaint themselves with the fundamentals of the space law field. This brief analyzes in a concise manner the combined influence of space law and policy on international space activities. Read in conjunction with the other books in the Springer ‘Space Development’ series, it supports a broader understanding of the business, economics, engineering, legal, and procedural aspects of space activities. This book will also give the casual reader as well as experts in the field insight on present and future space law and policy trends, challenges and opportunities.
Space is no longer the domain of national space agencies. Today, a significant majority of space activities are carried out by non-governmental entities, resulting in the accelerated evolution of space technologies and their applications. This operational shift from public to private does not mean, however, that governments are no longer relevant in this era of New Space. On the contrary: as the operational role of the state has diminished, its regulatory role has grown correspondingly. Acknowledging that the commercial landscape in space is an ever-changing one, this book explores how the Canadian government has adapted to the new commercial space landscape and whether it is prepared to fulfil its authorisation and supervision responsibilities as the regulator of Canada’s space industry. The fundamental research question posed, therefore, is whether Canada’s regulatory framework is appropriate given the increasing commercialisation of space. To best answer this question, the book provides a doctrinal analysis of Canada’s historical space policy and current space laws, an empirical survey of the perspectives of those currently interacting with Canada’s regulatory framework, and a comparative exploration of how other jurisdictions oversee commercial space activities. Motivated by legal, moral and economic considerations, the book recommends that Canada enact a comprehensive national space law and provides an annotated draft law for this purpose. By doing so, the book intends to spark a meaningful conversation on how Canada ought to fulfil its regulatory responsibilities, a topic previously unaddressed in public and academic discourse.
The relevance and substance of space law as a branch of public international law continues to expand. The fourth edition of this long-time classic in the field of space law has been substantially rewritten to reflect new developments in space law and technology of the past ten years. This updated text includes new or expanded material on the proliferation of non-state and commercial entities as space actors, the appearance of innovations in space technology, the evolving international law of satellite telecommunications in a networked world, and the adoption of national laws and international soft law mechanisms that complement the international treaty regime. In this up-to-date overview of space law, the authors offer a clear analysis of the legal challenges that play a role in new and traditional areas of space activity, including the following: - the peaceful uses of outer space; - protection of the space environment; - the emergence of new legal mechanisms in space law; - the role of Europe in space; - telecommunications; - the commercial use of space resources; - human space flight; - small satellites; - remote sensing; and - global navigation satellite systems. Additionally, the five United Nations Treaties on space are included as Annexes for easy reference by students and professionals alike. In light of the many new developments in the field, this thoroughly updated Introduction to Space Law provides a clear overview of the legal aspects of a wide array of current and emerging space activities. Lawyers, policy-makers, diplomats, students, and professionals in the telecommunication and aerospace sectors, with or without a legal background, will find concise yet comprehensive guidance in this book that will help them understand and address legal issues in the ever-changing field of space activities. The authors are close former collaborators of the late pioneers of space law and authors of the earlier editions of this volume, Isabella Diederiks-Verschoor and Vladimír Kopal.
In the new space age after the end of the Cold War, orbit and frequency allocations, traffic control, safety, and a number of support services such as space weather forecast and orbital debris monitoring need to be coordinated transparently and effectively by clear rules at an international level. The establishment of an international civil space regulatory framework is the central theme of this book, in particular, the possible extension to space of the international regulatory framework model adopted for aviation more than 60 years ago with the establishment of the International Civil Aviation Organization (ICAO). The book also highlights the increased reliance of aviation safety on space-based navigation and communication systems, the increasing space systems traffic through the international airspace under the jurisdiction of the ICAO, and the emerging hybrid systems such as aero-spacecraft and space planes, to advocate the practical benefits of directly expanding the ICAO Convention domain beyond the airspace to include outer space up to the geosynchronous orbit.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.