Common Security in Outer Space and International Law

Common Security in Outer Space and International Law
Author: Detlev Wolter (jurist.)
Publisher: United Nations Publications UNIDIR
Total Pages: 322
Release: 2006
Genre: History
ISBN:

This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.

War and Peace in Outer Space

War and Peace in Outer Space
Author: Cassandra Steer
Publisher: Oxford University Press, USA
Total Pages: 335
Release: 2021-01-11
Genre: Law
ISBN: 0197548687

"Historically, strategic restraint was the dominant approach among nations active in outer space, all of whom understood that continued access to and use of space required holding back on threats or activities which might jeopardize the status quo of peace in space. However, recently there has been a discernible shift in international rhetoric towards a more offensive approach to defense in space. The U.S. move towards establishing a "Space Force" has been echoed by similar announcements in France and Japan. India launched an anti-satellite weapon test and announced proudly that it thereby joined the elite group of China, Russia and the U.S., who have all demonstrated this capability in the past. And as technologies in space advance, along with our terrestrial dependence on space-based systems for our peaceful civilian lives and for support of terrestrial warfare, the political stability of this vulnerable environment comes under threat. These factors, combined with a lack of transparency about actual capabilities and intentions on the part of all major players in space, creates a cyclical escalation which has led some commentators to describe this as a return to a Cold War-type arms race, and to the foreseeability of a space-based conflict. Due to many unique characteristics of the space domain, an armed conflict in space would be catastrophic for all players, including neutral States, commercial actors, and international civil society. Due to the specificity of the space domain, specialized expertise must be provided to decision-makers, and interdisciplinary opinions must be sought from a multitude of stakeholders. To that end, this volume provides a wide spectrum of perspectives from experts who have engaged together at a conference hosted by the Center for Ethics in the Rule of Law to discuss these issues. Ethical, legal and policy solutions are offered here by those with experience in the space sector, including academia, legal practitioners, military lawyers and operators, diplomats and policy advisors"--

Outer Space and Cyber Space

Outer Space and Cyber Space
Author: Annette Froehlich
Publisher: Springer Nature
Total Pages: 108
Release: 2021-08-17
Genre: Law
ISBN: 3030800237

The book analyses a broad range of relevant aspects as the outer space and cyber space domain do not only present analogies but are also strongly interrelated. This may occur on various levels by technologies but also in regard to juridical approaches, each nevertheless keeping its particularities. Since modern societies rely increasingly on space applications that depend on cyber space, it is important to investigate how cyberspace and outer space are connected by their common challenges. Furthermore, this book discusses not only questions around their jurisdictions, but also whether the private space industry can escape jurisdiction by dematerializing the space resource commercial processes and assets thanks to cyber technology. In addition, space and cyberspace policies are analysed especially in view of cyber threats to space communications. Even the question of an extra-terrestrial citizenship in outer space and cyberspace may raise new views. Finally, the interdependence between space and cyberspace also has an important role to play in the context of increasing militarization and emerging weaponization of outer space. Therefore, this book invites questioning the similarities and interrelations between Outer Space and Cyber Space in the same way as it intends to strengthen them.

Outer Space: Law, Policy and Governance

Outer Space: Law, Policy and Governance
Author:
Publisher: KW Publishers Pvt Ltd
Total Pages: 221
Release: 2013-10-15
Genre:
ISBN: 9385714635

In the wake of the euphoria consequent to the Soviet space forays and the US landing on the moon, innovative space law evolved rather rapidly in just two decades and then came a stalemate. In this hasty growth of nascent space law, some gaps remained, some inadvertently due to lack of vision and some deliberately, due to lack of consensus or because half-baked concepts remained pending till the achievement of a better understanding of space phenomena or development of supportive technology. These issues have since started jumping to centre-stage and this book falls in this niche of deficiencies. A few challenges and unresolved contingencies that stare us in the face, needing to be addressed suitably, are space jurisprudence in jus cogens of space law, pointers on policy issues for India, hesitancy to incorporate international cooperation in domestic space statutes, futility of reiteration of the Convention Law in International Codes of Conduct as soft law adjuncts, absence of a legal regimen governing mining on asteroids by private enterprises, explication of the concept of Common Heritage of Mankind and modalities for sharing of benefits between nations, procedure for nomination of an astronaut as an envoy of mankind in space by name or designation to avoid confusion in the eventuality of multiple astronauts of multiple nationalities, all being at one place at the same time, et al. This book is a modest effort to help resolve issues in that direction.

Recent Developments in Space Law

Recent Developments in Space Law
Author: R. Venkata Rao
Publisher: Springer
Total Pages: 163
Release: 2017-10-15
Genre: Law
ISBN: 9811049262

This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.

International Security Dimensions of Space

International Security Dimensions of Space
Author: Fletcher School of Law and Diplomacy. International Security Studies Program
Publisher: Hamden, Conn. : Archon Books
Total Pages: 334
Release: 1984
Genre: Political Science
ISBN:

An outgrowth of papers presented at the 11th annual conference of the International Security Studies Program of the Fletcher School of Law and Diplomacy, held at the Fletcher School's Cabot Center, on April 27-29, 1982.

Space Law

Space Law
Author: Francis Lyall
Publisher: Taylor & Francis
Total Pages: 532
Release: 2024-07-19
Genre: Law
ISBN: 104009208X

As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.

Outer Space Law

Outer Space Law
Author: Yanal Abul Failat
Publisher:
Total Pages: 575
Release: 2022-04-06
Genre: Law
ISBN: 9781787424821

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, particularly the strategic benefit of Earth observation from outer space as a national security tool. However, the dual-use potential of many space applications increasingly blurs the distinction between the military and non-military uses of space. In fact, many States have openly declared their willingness to protect their space assets by military means and some have even described outer space as a war-fighting domain. Non-State entities are becoming more and more involved in outer space activities, including 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. Private operators have significantly increased activity in the launch of satellites and in 2021 no less than three private space companies (Virgin Galactic, Blue Origin and SpaceX) conducted successful space tourist flights. 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 around the world. Consequently, the socio-economic benefits of space technology (in particular satellite technology) have made the development of space programmes an increasing necessity for developing States. Outer space has become a congested environment. The involvement of private actors, specifically, has given rise to a number of legal issues, including questions pertaining to liability, insurance, space debris, human rights and property rights in space. To address these legal uncertainties, the existing chapters in the second edition of Outer Space Law: Legal Policy and Practice have been updated significantly and several new chapters have been added dealing with topical issues including: the regulation of satellite navigation systems, and satellite constellations; the application of human rights in outer space settlements; the exploration and colonisation of outer space; and planetary protection. The second edition of Outer Space Law: Legal Policy and Practice remains aimed at readers looking for a single title to understand the key issues relevant to the space sector, by also emphasising 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 Fasken, 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.