The Space Law Stalemate
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| Author | : Anja Nakarada Pečujlić |
| Publisher | : Taylor & Francis |
| Total Pages | : 238 |
| Release | : 2023-03-21 |
| Genre | : Law |
| ISBN | : 1000830217 |
The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, and uncertain eco-sustainability. The prolonged legal stalemate cannot be treated simply as an academic question, for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book evaluates the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, and analyzing lessons learned. It makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, and ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.
| Author | : Ugo Pagallo |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 241 |
| Release | : 2024-11-14 |
| Genre | : Law |
| ISBN | : 1509976205 |
This book maps out the moral, legal and societal issues brought forth by the use of autonomous systems such as AI and smart robots in outer space. Humanity is on the brink of a new space era in which projects for permanent human colonies on the Moon and space missions with autonomous AI systems will soon become a reality. Principles and provisions of international space law fall increasingly short in tackling this scenario. Experts and institutions have recommended improvements to the legal framework, such as new international agreements, or policies that would not require any amendment to conventional law. Most of the time, such proposals and recommendations overlook the challenges posed by technology and how autonomous and intelligent systems in outer space require moral and legal standards of their own. This book argues that the traditional focus on satellite communications, space-related services, and the appropriability of celestial resources needs to be integrated by new laws of outer space regulating cybersecurity law and environmental law, data governance and consumer protection. The new laws of outer space will increasingly concern the development of new standards for the behaviour and decision-making of AI systems and smart robots, with and without humans aboard deep space missions and in next-generation colonies. What laws shall govern us out there, in a new terra incognita? This is the question that the book sets out to answer.
| 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.
| Author | : Gérardine Goh |
| Publisher | : BRILL |
| Total Pages | : 424 |
| Release | : 2007-06-30 |
| Genre | : Law |
| ISBN | : 9047419464 |
The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.
| Author | : Marietta Benkö |
| Publisher | : Eleven International Publishing |
| Total Pages | : 318 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9077596119 |
The contributions in this book reflect on the growing diversification of space law and is divided in two parts. The first part provides a look at the current developments in international space law and regulation and the second part investigates future perspectives of this process. It is only recently that international space law entered its third phase of development. While the first phase, between the 1960s and 1970s, was characterized by the elaboration of international conventions in the framework of the United Nations, the second phase saw the adoption of special legal regimes in the form of UN General Assembly Resolutions which were dealing with issues like direct broadcasting by satellites (DBS), remote sensing (RS) and the use of nuclear power sources (NPS) in outer space. The third and current phase received its impetus from the growing commercialization of space activities and their emerging privatization. Therefore the main characteristics of this period relate to the efforts of adapting international space law to these recent changes and of finding ways and means to reconcile State interests with commercial perspectives. This book forms a welcome addition to any collection in the field of space law and is a refreshing contribution to the discussion in the field.
| Author | : Scott Hatton |
| Publisher | : Springer |
| Total Pages | : 241 |
| Release | : 2016-12-25 |
| Genre | : Technology & Engineering |
| ISBN | : 3319340247 |
The proceedings of the 2014 Reinventing Space conference present a number of questions in the context of a constantly innovating space industry, from addressing the future of global cooperation, investigating the impact of cuts in US government spending on the private space sector, and probing the overall future of the commercial launch sector. Space tourism and new technology promise the revival of interest in space development (the Apollo Era was the first period of intense space activity and growth). The need to create dramatically lower cost, responsive and reliable launch systems and spacecraft has never been more vital. Advances in technology are allowing smaller and cheaper satellites to be orbited - from cubesats to nanosatellites to femtosatellites. Thanks to more efficient new launch possibilities, low cost access to space is becoming ever more achievable. Commercial companies and countries are targeting the industry with new funding. Organised by the British Interplanetary Society, the presentations at this conference thoroughly address these challenges and opportunities.
| Author | : Sirio Zolea |
| Publisher | : Roma TrE-Press |
| Total Pages | : 333 |
| Release | : 2024-10-25 |
| Genre | : Law |
| ISBN | : |
Dopo decenni di grande sviluppo del settore digitale, assistiamo a una rinnovata attenzione per lo spazio di soggetti pubblici e privati, con la simultanea presenza di interessi nazionali strategici di difesa e geopolitici e interessi commerciali rivolti al profitto. Il diritto dello spazio si caratterizza per un nocciolo internazionalistico, ma, oggi, non può più essere semplicemente definito come una branca del diritto internazionale. Vi sono problemi e complicazioni dovuti alla presenza di interessi differenti e di culture giuridiche differenti che richiedono uno sforzo significativo di compromesso e apertura mentale per essere riconciliati con comune soddisfazione, per ottenere la cooperazione e l'adesione pacifica alle soluzioni adottate da parte di tutti i soggetti coinvolti. L'evoluzione tecnologica e il conseguente crescente ruolo dell'economia dello spazio richiedono, a tutti i livelli nazionali e internazionali, regole giuridiche più dettagliate e sicure. Contributi presentati alla conferenza "Comparative Visions in Space Law" sono stati selezionati per questo libro, riflettendo l'approccio trasversale che ha caratterizzato il convegno: dialogo tra una molteplicità di esperienze giuridiche e di discipline, dando vita a nuovi orizzonti di collaborazione indispensabili per capire le poste in gioco economiche, geopolitiche e diplomatiche del diritto dello spazio, i suoi aspetti tecnici e le sue difficoltà. DOI: 10.13134/979-12-5977-376-0
| Author | : Hasret Çomak |
| Publisher | : Transnational Press London |
| Total Pages | : 445 |
| Release | : 2024-02-19 |
| Genre | : History |
| ISBN | : 1801352704 |
Embark on an enlightening journey through the vast expanse of space law and policy with “Space Environment and International Politics”. Authored by experts in the field, this comprehensive volume explores the intricacies of international space law, from the development of legal frameworks to the challenges posed by space debris and the regulation of space activities. Delving into the space policies of international organizations such as the United Nations, NATO, and the European Space Agency, the book offers invaluable insights into efforts to ensure outer space security and foster sustainable space politics. Examining key issues surrounding space security and warfare, including cyber security threats and the militarization of space, the authors provide a nuanced understanding of the evolving geopolitical dynamics. With its meticulous research, insightful analysis, and balanced discussions, this book is an indispensable resource for policymakers, scholars, and practitioners navigating the complex terrain of international space law and politics. Whether you’re a seasoned professional or an aspiring student, “Space Environment and International Politics” offers a captivating glimpse into the legal, political, and technological dimensions of politics beyond Earth. CONTENTS PREFACE CHAPTER I. INTERNATIONAL LAW AND SPACE ENVIRONMENT THE DEVELOPMENT OF INTERNATIONAL SPACE LAW… Caner Akkaya and Ozan Örmeci LEGAL STATUS OF SPACE DEBRIS. Çağla Arslan Bozkuş and Volkan Bozkuş SPACE NEGOTIATIONS THROUGH THE LENSES OF INTERNATIONAL LAW Öncel Sençerman PEACEFUL AND NON-PEACEFUL USES OF OUTER SPACE IN INTERNATIONAL LAW Tuba Taşlıcalı Koç CHAPTER II. SPACE POLICIES OF THE INTERNATIONAL ORGANIZATIONS UNITED NATIONS’ EFFORTS TO ENSURE OUTER SPACE SECURITY.. Doğan Şafak Polat NATO’s SPACE POLICY in the 2000s. Sibel Kavuncu EVOLUTION OF THE EUROPEAN SPACE AGECY (ESA): REGULATION OF SPACE IN INTERNATIONAL POLITICS. Caner Akkaya and Cenap Çakmak CHAPTER III. STATES AND SUSTAINABLE SPACE POLITICS RUSSIAN FEDERATION’S SPACE SECURITY APPROACH.. Ahmet Sapmaz TüRKIYE’S STUDIES IN THE SPACE FIELD.. Hande Ortay DEVELOPMENT OF SPACE POLICY AND LAW IN TÜRKİYE.. Onur Sabri Durak EXAMINATION OF TÜRKİYE’S SPACE POLICIES WITHIN THE SCOPE OF SUSTAINABILITY Çağlar Özer CHAPTER IV. SPACE SECURITY AND WARFARE CYBER SECURITY IN SPACE.. Serkan Gönen AN ASSESSMENT OF SPACE SECURITY: UNDERSTANDING SPACE THREAT VECTORS AND THEIR IMPACT ON MILITARY ASPECTS AND HUMAN SECURITY UNDER INTERNATIONAL LAW… Nebile Pelin Mantı ASSESSMENT OF EXPANDING SECURITY INTO SPACE AND TRANSFORMING SPACE INTO A NEW WARFIGHTING DOMAIN: OPPORTUNITIES AND THREATS. Murat Pınar and Soyalp Tamçelik MILITARY IMPORTANCE OF SPACE AND SPACE SECURITY.. Fuat İnce SPACE SECURITY PERCEPTIONS OF SPACEFARING NATIONS. Serap Gürsel EMERGING SPACE WARFARE TECHNOLOGIES AND SPACE AS A POSSIBLE THEATER OF WAR.. Serap Gürsel CHAPTER V. SPACE ENVIRONMENT AND INTERNATIONAL POLITICS SPACE SECURITY THROUGH MAIN IR THEORIES. Burak Şakir Şeker POWER BALANCE IN THE SPACE ENVIRONMENT.. Burak Şakir Şeker SPACE AND INTERNATIONAL POLITICS. Mesut Şöhret SPACE DIPLOMACY AS A GLOBAL SECURITY MEASURE IN WEAPONIZATION OF OUTER SPACE.. Tolga Erdem CHAPTER VI. TECHNOLOGICAL INNOVATIONS, SOCIAL LIFE AND SPACE CULTURE NANO AND MICRO SATELLITES AS THE PILLAR OF THE ‘NEW SPACE’ PARADIGM Fuat İnce SATELLITE POLLUTION AROUND THE WORLD.. Hüseyin Çelik CONCEPTS AND MODELS OF DESIGN FOR URBANIZATION OF SPACE.. Ersan Koç IS INTERNATIONAL SOCIETY POSSIBLE IN THE SPACE?. Gökhan Alptekin
| Author | : George S. Robinson |
| Publisher | : BRILL |
| Total Pages | : 402 |
| Release | : 2023-07-24 |
| Genre | : Law |
| ISBN | : 9004640185 |
Space Law: A Case Study for the Practitioner: Implementing a Telecommunications Satellite Business Concept concentrates on the law governing commercial space ventures, commercial telecommunications satellite projects, in particular. The telecommunications satellite industry is by far the most mature of all the commercial space industries with a commensurate body of law governing it, and many of the same types of regulatory processes and private law transactions discussed in this book also pertain to the implementation of other commercial, and even non-commercial and military space ventures. The reader will find a clear description of the necessary legal actions lawyer and client must take to provide for the construction, launching and operation of a privately-owned telecommunications satellite. Both international and national laws and regulations pertaining to space projects are discussed. A step-by-step approach to legal actions has been adopted to help make the book a practical, easy-to-use reference tool. It is designed to assist lawyers in private practice, government attorneys, corporate legal counsel, entrepreneurial executives and teachers and students of space law.
| Author | : Ram Jakhu |
| Publisher | : Taylor & Francis |
| Total Pages | : 389 |
| Release | : 2016-11-10 |
| Genre | : Law |
| ISBN | : 1317613732 |
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.
