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This book provides a unique in-depth comparative and evaluative analysis based upon primary sources. Therefore, it does not only provide a more complete understanding of the subject compared to other publications but, because it provides a full perspective, can also serve as a basis for further research. The interest in national space legislation, and the importance thereof to regulating space activities conducted by private entities, gives a clear incentive to conduct a comparative analysis of the national space legislation of various states. The purpose of this report is to provide such a comparative analysis that will detail the similarities and differences between the national space laws of selected states with a focus on European comprehensive national space legislation. The states discussed are: Sweden, the United Kingdom, Australia, China, Belgium, the Netherlands, France, Austria, Indonesia, Denmark, New Zealand and Luxembourg. This report is intended to assist the efforts of states that are seeking to enact or revise national space legislation not only by presenting the approaches taken by other states, but also by presenting, as far as possible, the rationale behind their approaches. The readership of this book consists of academics and professionals in space law and can further assist policymakers wishing to revise or enact national space legislation.
A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.
The increasing involvement of private enterprise in the conduct of space activities raises key issues with respect to international space law which has left it to national law to implement relevant rules vis-à-vis private enterprise. Almost unavoidably, such national implementation regimes differ largely across individual states. This is also true in Europe, where the issue is further compounded by the fundamental – but fundamentally different – roles of ESA and the European Union. Focusing on Europe, the present book thus represents the first comprehensive effort to discuss national authorisation schemes not country by country but theme by theme, so as to allow for a real comparison of the lack of harmonisation or even coordination, and the possible problems which may result.
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.
The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte
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.
A memorandum from the President of the United States on December 9, 2020 explains this document: MEMORANDUM FOR THE VICE PRESIDENTTHE SECRETARY OF STATETHE SECRETARY OF DEFENSETHE ATTORNEY GENERALTHE SECRETARY OF THE INTERIORTHE SECRETARY OF COMMERCETHE SECRETARY OF TRANSPORTATIONTHE SECRETARY OF ENERGYTHE SECRETARY OF HOMELAND SECURITYTHE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGETTHE DIRECTOR OF NATIONAL INTELLIGENCETHE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRSTHE ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATIONTHE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICYTHE CHAIRMAN OF THE JOINT CHIEFS OF STAFFSUBJECT: The National Space PolicySection 1. References. This directive supersedes Presidential Policy Directive - 4 (June 29, 2010) and references, promotes, and reemphasizes the following policy directives and memoranda: a) Presidential Policy Directive 26 - National Space Transportation Policy (November 21, 2013)b) Executive Order 13803 - Reviving the National Space Council (June 30, 2017)c) Space Policy Directive 1 - Reinvigorating America's Human Space Exploration Program (December 11, 2017)d) The National Space Strategy (March 23, 2018)e) Space Policy Directive 2 - Streamlining Regulations on Commercial Use of Space (May 24, 2018)f) Space Policy Directive 3 - National Space Traffic Management Policy (June 18, 2018)g) Space Policy Directive 4 - Establishment of the United States Space Force (February 19, 2019)h) National Security Presidential Memorandum 20 - Launch of Spacecraft Containing Space Nuclear Systems (August 20, 2019)i) Executive Order 13906 - Amending Executive Order 13803 - Reviving the National Space Council (February 13, 2020)j) Executive Order 13905 - Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services (February 12, 2020)k) Executive Order 13914 - Encouraging International Support for the Recovery and Use of Space Resources (April 6, 2020)l) Space Policy Directive 5 - Cybersecurity Principles for Space Systems (September 4, 2020)It is, in other words, a vitally important planning documen
Risk Management in Outer Space Activities assesses selected risks associated with space activities, from an Australian and New Zealand perspective. The book explores the rise of commercial space activities and considers the development of Australia and New Zealand’s regulatory frameworks, and how they are equipped to address new and emerging risks in the space sector. The book examines the juxtaposition of international space law against the domestic legal regimes of Australia and New Zealand, and how these regulatory frameworks are designed to create governance mechanisms to control space risk. Both national jurisdictions approach space risk from the perspective of liability and international legal obligations, but as a result of their different historical space trajectories, their risk approaches differ. This is illustrated by research that suggests that from an Australian point of view, much of its space industry development has been influenced by Cold War era military and national security concerns. On the other hand, the New Zealand perspective is grounded on the rapid market-led commercial development that is currently underway in the country. The book examines a variety of risks that can and do emerge in the course of undertaking space activities. It does this by presenting a series of space risk case studies. There are chapters devoted to examining commercial space risks, space insurance, the risks posed by space debris, cybersecurity and space assets, light pollution as a risk for astronomy and the risks inherent in landing objects on the Moon. The work contained in this book is intended to provide a clear, practical and informed approach to understanding risk management in outer space activities. It will appeal to policy makers, risk professionals, space lawyers, national space agencies as well as academics, researchers and students
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.
This handbook is a reference work providing a comprehensive, objective and comparative overview of Space Law. The global space economy reached $330 billion in 2015, with a growth rate of 9 per cent vis-à-vis the previous year. Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications. The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation. Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts: • Part I: General Principles of International Space Law • Part II: International Law of Space Applications • Part III: National Regulation of Space Activities • Part IV: National Regulation of Navigational Satellite Systems • Part V: Commercial Aspects of Space Law This handbook is both practical and theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law.