Defining the Limits of Outer Space for Regulatory Purposes

Defining the Limits of Outer Space for Regulatory Purposes
Author: Olavo de Oliviera Bittencourt Neto
Publisher: Springer
Total Pages: 121
Release: 2015-05-14
Genre: Law
ISBN: 3319166859

With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

Defining the Limits of Outer Space for Regulatory Purposes

Defining the Limits of Outer Space for Regulatory Purposes
Author: Olavo de Oliviera Bittencourt Neto
Publisher:
Total Pages:
Release: 2015
Genre:
ISBN: 9783319166865

With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international Law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

Introduction to Space Law

Introduction to Space Law
Author: Tanja Masson-Zwaan
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2019-01-16
Genre: Law
ISBN: 9041160612

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.

Regulating a Revolution

Regulating a Revolution
Author: Neta Palkovitz
Publisher: Kluwer Law International B.V.
Total Pages: 200
Release: 2019-11-22
Genre: Law
ISBN: 9403518146

In recent years, small satellites have taken the space industry by storm. Their short development times, low cost, significant miniaturisation, standardisation and commercial availability have truly revolutionised the space industry. They make space accessible to non-professionals and on an individual level. This book is the first to explore the status of small satellites vis-à-vis international space law, examining which provisions are applicable and what kind of legal issues the traditional definitions pose when considering novel small satellites activities. The author sheds clear light on current regulatory challenges raised by the commercial and research activities of small satellites as well as by governmental and military applications. She covers the legal implications in such aspects of the small satellites revolution as the following: liability for damage caused or suffered by small satellites; State responsibility for non-governmental space activities employing small satellites; registration of space objects; launch practices; online availability of components and launch slots; the connection between small satellites and space debris; the role of space insurance; and legal challenges posed by large constellations of small satellites. In the course of the description and analysis, the author provides case studies showing how these challenges can be dealt with, offers deeply informed insights on emerging trends and future developments and indicates which jurisdictions may be most favourable to small satellite activities. The small satellites market is booming, and both States and industry are in need of guidance relating to the regulatory situation. Accordingly, this book will help stakeholders in the industry – universities, business entities and individuals, as well as non-commercial entities engaged in small satellites operations – understand what kind of regulatory challenges exist and what should be done in order to solve these challenges in the future.

Yearbook on Space Policy 2015

Yearbook on Space Policy 2015
Author: Cenan Al-Ekabi
Publisher: Springer
Total Pages: 319
Release: 2017-01-02
Genre: Technology & Engineering
ISBN: 370914860X

The Yearbook on Space Policy, edited by the European Space Policy Institute (ESPI), is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The first part of the Yearbook sets out a comprehensive overview of the economic, political, technological and institutional trends that have affected space activities. The second part of the Yearbook offers a more analytical perspective on the yearly ESPI theme and consists of external contributions written by professionals with diverse backgrounds and areas of expertise. The third part of the Yearbook carries forward the character of the Yearbook as an archive of space activities. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.

Defining the Limits of Outer Space for Regulatory Purposes

Defining the Limits of Outer Space for Regulatory Purposes
Author: Olavo de Oliviera Bittencourt Neto
Publisher: Springer
Total Pages: 0
Release: 2015-06-01
Genre: Law
ISBN: 9783319166841

With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

The Air Force Role in Developing International Outer Space Law

The Air Force Role in Developing International Outer Space Law
Author: Delbert R. Terrill, Jr.
Publisher: Createspace Independent Pub
Total Pages: 120
Release: 2012-08-06
Genre: Law
ISBN: 9781478379805

The impact of the US defense and space initiatives on bilateral and multilateral treaties and on international outer space law in general, a topic of much current discussion, is better understood by an analysis of the development of that body of law. Col Delbert “Chip” Terrill Jr. discusses its early evolution and the Air Force contribution to it. He describes the Air Force's ad hoc approach to international outer space law and its efforts to have this approach adopted by the United States and the international community. Further, the author details the profound impact that the surprise attack at Pearl Harbor on 7 December 1941 had on President Dwight D. Eisenhower. He vowed never again to allow the US to be similarly vulnerable to a surprise attack, particularly in a nuclear environment. As part of his efforts to preclude a surprise attack on the United States, Eisenhower sought to establish the concept of free passage of intelligence gathering satellites as part of accepted international outer space law. The author traces how the Eisenhower administration demonstrated a lack of concern about being first in space so long as the concept of free passage in outer space was universally accepted. However, the administration apparently and clearly underestimated the propaganda value that being first would have. Colonel Terrill traces how the Eisenhower administration failed to fully communicate its policy goal of achieving such free passage to the uniformed services. Although civilian leaders in the Defense Department were aware of the administration's position, the Air Force and the other military services at times acted at cross purposes to the concept of free passage. Chip Terrill describes the Air Force's continued efforts to resist the passage of most international outer space law conventions, the restiveness of the Air Force judge advocate general (JAG) corps with a backseat role, and how the JAG generally failed in its early attempt to have the Air Force become proactive in the development of the law. Ironically, Terrill illustrates how the Air Force's ad hoc approach essentially dovetailed with Eisenhower's goal of free passage. Colonel Terrill relates how the Air Force's Project West Ford caused the passage of certain environmentally sensitive provisions of international outer space law. The author closes by examining the comment and coordination process leading to the passage of the Liability for Damages Convention. Such was typical of the Air Force's lukewarm, reactive posture regarding the passage of international conventions, except for the Agreement on Rescue and Return of Astronauts, which the Air Force strongly supported. In short, this superb work documents the interesting gestation period regarding the development of international outer space law. It will undoubtedly contribute to the development of Air Force doctrine by providing a better understanding of the Air Force's involvement in the development of international outer space law.

Ocean Sustainability in the 21st Century

Ocean Sustainability in the 21st Century
Author: Salvatore Aric-
Publisher: Cambridge University Press
Total Pages: 325
Release: 2015-03-18
Genre: Law
ISBN: 1107100135

This book describes emerging and unresolved sustainability issues related to the oceans and marine environment, for policy makers, students and academics.

The Environmental Element in Space Law

The Environmental Element in Space Law
Author: Lotta Viikari
Publisher: BRILL
Total Pages: 412
Release: 2008-06-30
Genre: Law
ISBN: 9047433556

While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development

The Need for an Integrated Regulatory Regime for Aviation and Space

The Need for an Integrated Regulatory Regime for Aviation and Space
Author: Ram S. Jakhu
Publisher: Springer Science & Business Media
Total Pages: 200
Release: 2011-10-18
Genre: Law
ISBN: 3709107180

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.