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The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.
When international rules and regulations governing space travel were first being developed, only a few countries had any space presence and commercial space activity was non-existent. Today, over 50 countries have on-orbit satellites and commercial space presence is essential to commercial telecommunications and broadcasting, yet international space law remains in its infancy.Space Safety Regulations and Standards is the definitive book on regulatory initiatives involving space safety, new space safety standards, and safety related to new space technologies under development. More than 30 world experts come together in this book to share their detailed knowledge of regulatory and standard making processes in the area, combining otherwise disparate information into one essential reference and providing case studies to illustrate applications throughout space programs internationally. They address the international regulatory framework that relates to traditional space safety programs as well as the emerging regulatory framework that relates to commercial space programs, space tourism, and efforts to create commercial space station facilities. Fully endorsed by the International Association for the Advancement of Space Safety (IAASS) and provides the only definitive reference on regulations and standards for the field of space safety Combines the technical, legal and regulatory information in a clear and integrated reference work suitable for technical professionals, regulators, legal experts, and students in the field Presents a truly global insight from experienced space safety experts worldwide, with representatives from the leading associations, institutions and companies operating in the arena today
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.
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.
China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.
In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.
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.
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.