A Legal Mirage: State Responsibility for Non-State Actor Interference with Space Systems

2018 ◽  
Vol 55 ◽  
pp. 180-214
Author(s):  
HEATHER S. FOGO
Keyword(s):  
Outer Space ◽  
State Responsibility ◽  
Space Systems ◽  
Terrorist Organizations ◽  
Operational Costs ◽  
State Actor ◽  
Telecommunications Law ◽  
Legal Mechanism ◽  
Space Activities ◽  
Good Behaviour

AbstractOuter space is becoming a more accessible and less expensive domain in which to operate. Consequently, growing numbers of state and non-state actors (NSAs) are operating in, to, and through space. At the same time, instances of space-based and ground-based interference with space systems are also increasing, disrupting crucial space-supported services and applications relied on by millions, with great financial and operational costs. The increased participation of NSAs in space activities raises particular concerns, especially the threat of intentional interference with space systems by nefarious actors like terrorist organizations. It also requires consideration of whether states bear responsibility and/or liability for the acts of NSAs with a nexus to those states. At first glance, it is tempting to conclude that one or more normative legal regimes would apply. The potential regimes include international space law, international telecommunications law, and the law of state responsibility. On further examination, however, when it comes to interference, there appears to be no effective legal mechanism to hold states accountable for NSA interference with space systems, which can be exploited by NSAs and challenge efforts by states to enforce “good” behaviour.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

2021 ◽  
pp. 097492842110477
Author(s):  
Athar ud din
Keyword(s):  
International Law ◽  
Outer Space ◽  
National Space ◽  
Commercial Use ◽  
Future Space ◽  
Space Law ◽  
Recent Developments ◽  
Celestial Bodies ◽  
Emerging Powers ◽  
Space Activities

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

scholarly journals Space Traffic Management (STM) – Legal Aspects

2021 ◽  
Vol 50 (1) ◽  
pp. 1-11
Author(s):  
Małgorzata Polkowska ◽  
Keyword(s):  
Traffic Management ◽  
Outer Space ◽  
Air Traffic Management ◽  
Legal Aspects ◽  
Air Traffic ◽  
Civil Aviation ◽  
International Civil Aviation Organization ◽  
Definition Of ◽  
Security Regulations ◽  
Space Activities

Space Traffic Management (STM) is a new concept referring to space activities. The highest priority is the safety and security of outer space and all conducted operations. There is no definition of STM. There is an urgent need to regulate STM providing safety and security regulations at the international, regional, and national levels. Because there is no STM definition, the regulator might use the example of existing regulations of the International Civil Aviation Organization on Air Traffic Management (ATM). European EUSST is a good example of being a “precursor” of STM. However, many questions are still open regarding specific regulations needed to create an STM system, such as at which level they should be made: globally, regionally, or nationally.

The Convention on International Liability for Damage Caused by Space Objects

1973 ◽  
Vol 10 ◽  
pp. 137-185 ◽  
Author(s):  
W. F. Foster
Keyword(s):  
United Nations ◽  
Outer Space ◽  
General Assembly ◽  
Space Objects ◽  
Draft Convention ◽  
The United Nations ◽  
International Liability ◽  
Space Activities

On September 10, 1971, the United Nations Committee on the Peaceful Uses of Outer Space adopted and decided to submit to the General Assembly for consideration and final adoption a draft Convention on International Liability for Damage caused by Space Objects. Approval of the Convention was recommended by the First Committee of the General Assembly on November 11, 1971; and on November 29, 1971 it was endorsed by the General Assembly. The Convention on International Liability for Damage Caused by Space Objects marks the culmination of a decade of debate and negotiation of the problem of liability for damage arising from outer space activities.

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