scholarly journals THE ARTEMIS ACCORDS: EVOLUTION OR REVOLUTION IN INTERNATIONAL SPACE LAW?

2021 ◽  
pp. 1-21
Author(s):  
Rossana Deplano
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Standards ◽  
Adaptive Governance ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies ◽  
Outer Space Treaty ◽  
Human Exploration ◽  
Space Activities

Abstract Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.

International Space Law and Satellite Telecommunications

2019 ◽  
Author(s):  
Elina Morozova ◽  
Yaroslav Vasyanin
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Outer Space ◽  
Space Applications ◽  
International Telecommunication Union ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Outer Space Treaty ◽  
Space Activities

International space law is a branch of international law that regulates the conduct of space activities. Its core instruments include five space-specific international treaties, which were adopted under the auspices of the United Nations. The first and the underlying one—the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)—establishes that outer space is free for exploration and use by all states. Such fundamental freedom is exercised by a number of space applications that have become an integral part of modern human life and global economy. Among such applications, satellite telecommunications is the most widespread, essential, and advanced. Indeed, since 1957 when the Soviet Union launched Sputnik 1, the first artificial satellite merely capable of continuous beeping during its 21-day trip around the globe, space technologies have progressed in leaps and bounds. Cutting-edge satellite telecommunications methods ensure instant delivery of huge amounts of data, relay of real-time voice and video, broadcasting of radio and television, and Internet access worldwide. By transmitting signals over any distance telecommunications satellites connect locations everywhere on Earth. A telecommunications satellite’s lifetime, starting from the launch and ending at de-orbiting, is governed by international space law. The latter considers satellites as “space objects” and regulates liability, registration, jurisdiction and control, debris mitigation, and touches upon ownership. Therefore, the first large group of international law rules applicable to satellite telecommunications includes provisions of three out of five UN space treaties, specifically, the 1967 Outer Space Treaty, the 1972 Convention on International Liability for Damage Caused by Space Objects, and the 1976 Convention on Registration of Objects Launched into Outer Space, as well as several UN General Assembly resolutions. To carry out a communication function, satellites need to be placed in a certain orbit and to use radio-frequency spectrum, both limited natural resources. Access to these highly demanded resources, which are not subject to national appropriation and require rational, efficient, and economical uses in an interference-free environment, is managed by the International Telecommunication Union (ITU)—the UN specialized agency for information and communication technologies. The ITU’s core regulatory documents are its Constitution, Convention, and the Radio Regulations, which collectively make up another group of international law rules relevant to satellite telecommunications. Both groups of international law rules constitute the international legal regime of satellite telecommunications and face the challenge of keeping pace with technology advancement and market evolution, as well as with a growing number of states and non-state actors carrying on space activities. These tangible changes need to be addressed in the regulatory framework that cannot but serve as a driver for further development of satellite telecommunications.

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.

Peaceful Purposes for the Benefit of All Mankind

2020 ◽  
pp. 109-122
Author(s):  
P.J. Blount
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Peace ◽  
International Space ◽  
Legal Obligations ◽  
Ethical Content ◽  
Space Law ◽  
Peace And Security ◽  
Outer Space Treaty ◽  
Geopolitical Context

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.

International Liability for Commercial Space Activities and Related Issues of Debris

2020 ◽  
Author(s):  
Elina Morozova ◽  
Alena Laurenava
Keyword(s):  
Space Debris ◽  
Artificial Satellite ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Air Space ◽  
Space Objects ◽  
Outer Space Treaty ◽  
International Liability ◽  
Space Activities

Space activities are technically sophisticated, challenging, and high risk endeavors. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on the Earth, in air space, or in outer space, can be traced back to the very beginning of the space era. In 1963, just few years after the first ever artificial satellite was launched, international liability was declared by the UN General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects, which are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called “launching states,” as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to settle liability issues, including those arising from commercial launches, however, it is not always mandatory. Frequently, space-related accidents involve non-functional space objects and their component parts, which are usually referred to as space debris. This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the non-functional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called “space debris.” This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.

Understanding International Space Law and the Liability Mechanism for Commercial Outer Space Activities—Unravelling the Sources

2019 ◽  
Vol 75 (4) ◽  
pp. 555-578
Author(s):  
Biswanath Gupta ◽  
Raju KD
Keyword(s):  
Outer Space ◽  
Commercial Activity ◽  
International Space ◽  
Commercial Activities ◽  
Space Law ◽  
The Status ◽  
Outer Space Treaty ◽  
State Liability ◽  
The Impact ◽  
Space Activities

The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.

Formation of a modern international legal concept for the exploration and use of outer space

2021 ◽  
Author(s):  
A. Kapustin ◽  
V. Avhadeev ◽  
A. Golovina ◽  
A. Kashirkina ◽  
E. Kienko ◽  
...  
Keyword(s):  
International Law ◽  
International Cooperation ◽  
International Organizations ◽  
Space Exploration ◽  
Outer Space ◽  
Legal Regulation ◽  
Legal Concept ◽  
International Space ◽  
Space Law ◽  
Space Activities

The exploration and use of outer space, which began in the mid-twentieth century, led to the formation of international space law, designed to regulate the relations of States in this relatively new sphere of human activity. The undulating nature of the development of this branch of international law, for objective reasons, has led to the complication of international legal regulation of space activities. The dynamics of scientific and technological progress and the development of technologies in the space sphere exacerbates competition between space powers and international organizations, creates new challenges for international cooperation in space exploration and requires innovative legal solutions. The doctrine of international law is faced with the task of generalizing new problems and processes and developing conceptual models for the further development of international space law. The dynamics of the conceptual perception of international space law is traced, new theoretical approaches to the concept of the international legal status of outer space and individual regimes and concepts of its use in modern conditions are proposed. Taking into account the trends in the institutionalization of international space activities and the impact of economic integration processes on international cooperation in space, primarily in the Euro-Asian region, the role of international organizations in the international legal regulation of space activities and the harmonization of national legislation is analyzed. In addition, certain aspects of future space exploration are considered as a legal forecast. For researchers, teachers, postgraduates and students, civil servants and practicing lawyers, as well as for anyone interested in the problems of modern international law.

scholarly journals Outer Space Law in Retrospect

2018 ◽  
Vol 5 (5) ◽  
pp. 4661-4671
Author(s):  
Tunku Intan Mainura
Keyword(s):  
International Law ◽  
Outer Space ◽  
Analytical Framework ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Space Activities

The purpose of this article is to analyse the literature concerning legal framework for outer space activities by states. Review was conducted on the elements of national space law, including literature critiquing particular strengths or weaknesses of existing laws and literature, on the obligations placed on States under international law and on why writers make particular recommendations as to the content of legislation. The article will summarise the key elements one would anticipate finding in the outer space regulatory framework and which will form the structure of the analytical framework when considering how States implement international space law in practice.

Space Law

2012 ◽  
Author(s):  
Frans von der Dunk
Keyword(s):  
Remote Sensing ◽  
International Law ◽  
Satellite Remote Sensing ◽  
Dispute Settlement ◽  
Outer Space ◽  
Space Station ◽  
Satellite Communications ◽  
International Space ◽  
Space Law ◽  
Space Activities

Space law is best defined as the law dealing in a substantial manner with human activities in outer space. Traditionally conceived as a branch of general public international law, space law was originally taken to refer in particular to a handful of United Nations–originating treaties of general scope, UN resolutions, and special multilateral or bilateral agreements specifically addressing space activities (such as establishing international space organizations or the framework for the international space station). Due to the indispensability of the use of radio frequencies for all space activities, certain aspects of international telecommunications law, developed in the context of the International Telecommunication Union, were also considered part of space law. Finally, in view of the political and military overtones of many space activities, major arms control agreements came to be considered part of space law. In the early days of space law, there was only a marginal body of customary international law that applied to it, and no jurisprudence. Over time, increasing technological developments gave rise to commercialization, and ultimately privatization, in many areas of space activities. Thus, on the one hand, other legal regimes became part of space law as they started to impact (certain) space activities, such as copyright law as a tool to protect investments in satellite remote sensing, international trade law to handle commercial satellite services being offered around the globe, or international financing law when it came to handling risks in satellite projects. On the other hand, the incursion of private entities into many areas of space activities resulted in a growth of national law and regulation (and in the specific European context, both European Union and European Space Agency law and regulation) in order to make sure such private activities would be appropriately subjected to, as well as accommodated by, the applicable international rules. Consequently, this article will address space law at international, national, and European levels, as well as address the major areas of space activities, including the military uses of outer space, launching, satellite communications, satellite remote sensing (including disaster monitoring), satellite navigation, space station operations, space debris and its mitigation, space resource utilization, space project financing, private human spaceflight (also known as space tourism), and dispute settlement issues regarding space activities.

scholarly journals PRINCIPLE OF INTERNATIONAL COOPERATION IN MODERN INTERNATIONAL SPACE LAW

2021 ◽  
pp. 159-171
Author(s):  
O. A. POPOVA
Keyword(s):  
Developing Countries ◽  
United Nations ◽  
Private Sector ◽  
International Law ◽  
International Cooperation ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Outer Space Treaty

The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.

The Non-Appropriation Principle: The Grundnorm of International Space Law

2014 ◽  
Vol 27 (1) ◽  
pp. 37-54 ◽  
Author(s):  
ZACHOS A. PALIOURAS
Keyword(s):  
International Law ◽  
General Public ◽  
Outer Space ◽  
Public International Law ◽  
Customary International Law ◽  
International Space ◽  
Space Law ◽  
Outer Space Treaty

AbstractThis article discusses the normative essence of the principle of non-appropriation in outer space as envisaged in Article II of the Outer Space Treaty, as well as its standing under customary international law. The analysis is structured with reference to the general public international law framework that governs the acquisition of territory by states, following the territorially based paradigm still prevalent in international law theory in stressing that the non-appropriation principle is indeed a norm of most increased significance within the corpus juris spatialis, i.e. the Grundnorm of international space law.

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