Definitional Issues in Space Law: ‘Space Objects’, ‘Astronauts’, and Related Expressions

1997 ◽  
pp. 492-509
Author(s):  
Bin Cheng
Keyword(s):  
Space Law ◽  
Space Objects

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.

SPACE-CENTRIC CONCEPT TO ANSWER TOMORROW SPACE CHALLENGE: A SMALL STEP FOR FUTURE SPACE LAW

2021 ◽  
Vol 6 (2) ◽  
pp. 191-202
Author(s):  
Taufik Rachmat Nugraha
Keyword(s):  
Outer Space ◽  
Space Environment ◽  
Concept Space ◽  
Future Space ◽  
Space Programs ◽  
Space Law ◽  
Space Objects ◽  
Protection Area ◽  
Space Activities ◽  
Private Sector Involvement

Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.

Projekt polskiego prawa kosmicznego – regulacja na miarę XXI wieku?

2019 ◽  
Vol 77 ◽  
pp. 101-118
Author(s):  
Maciej Piotrowski
Keyword(s):  
21St Century ◽  
Polish Space ◽  
Legal Regulation ◽  
European Countries ◽  
Third Party ◽  
Space Environment ◽  
Main Research ◽  
Space Law ◽  
Space Objects ◽  
Space Activities

The purpose of this article is to present the provisions of the draft Act of 10 July 2017 on space activities and the National Register of Space Objects, adopted by the Ministry of Development and Finance, in the context of solutions adopted in selected European countries and in international public law in the era of the development of the space sector (New Space). The main research hypothesis is the question whether the proposed legal regulation constitutes a solution meeting the challenges of the 21st century. The proposed regulations have been analysed in detail in terms of the rules of licensing of space activities, the registration of space objects and liability for damage inflicted by them, as well as in terms of third party insurance with reference to solutions adopted in France, Finland and Holland and the international standard. The formaldoctrinal method and the comparative law method have been applied in the analysis. The conclusion contains the assessment of the Polish space law provisions under analysis, which have been found to be in principle correct and relatively coherent. It has been stressed that, in general, the assumptions of the Polish draft act comply with the international law standard and the legal regulations of selected European countries. Nevertheless, the absence of regulations concerning, for example, the issue of suborbital space flights or space mining, and insufficient regulations concerning the protection of space environment (space debris) have been evaluated critically. A thesis is presented in the conclusion whereby, despite the deficiencies noted, the Polish draft space law is a real answer of the lawmaker to the challenges involved in the development of the space market and is a regulation appropriate for the 21st century.

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.

scholarly journals From Earth to Heaven: States’ Criminal Jurisdiction in the Space Station

2015 ◽  
Vol 23 ◽  
Author(s):  
Rafika Shari'ah binti Mohd Hassan
Keyword(s):  
International Law ◽  
Outer Space ◽  
Space Station ◽  
Government Agency ◽  
Legal Regime ◽  
Body Of Knowledge ◽  
Space Law ◽  
Space Objects ◽  
Knowledge And Practice ◽  
The Government

State jurisdiction is a familiar aspect of international law. State jurisdiction could theoretically extend to outer space, and thus it may then be referred to as “Space Jurisdiction”. A state’s jurisdiction in outer space extends to its space objects and inhabitants. As crime on outer space is possible, therefore there is an uncertainty as to whether a state has the jurisdiction to try its nationals or foreign nationals who have committed an offense in outer space and in the space station. This paper aims to contribute to the existing body of knowledge and practice and, more importantly, guide the government agency, should they want to send astronauts to the space station in the future. It examines the legal regime regulating state jurisdiction in outer space in the context of the increasing commercialisation of outer space. This study draws significantly from international law statutes and the literature written by prominent jurists and scholars in space law. It finally offers some possible solutions to the gaps in the legal regime regulating state jurisdiction in outer space.

Israel and the Law of Outer Space

1988 ◽  
Vol 22 (4) ◽  
pp. 457-466
Author(s):  
Bruce A. Hurwitz
Keyword(s):  
Outer Space ◽  
The Moon ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Celestial Bodies ◽  
Practical Effect ◽  
The Law ◽  
International Liability

With the launching of Israel's first satellite, Offeq–1, on September 19, 1988, Israel's commitments in international space law came into practical effect. Specifically, Israel is bound through ratification to the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space; and the 1972 Convention on International Liability for Damage Caused by Space Objects. Two additional treaties, the 1975 Convention on Registration of Objects Launched Into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, have yet to be signed or ratified by Israel.

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.

Space Law and China

2019 ◽  
Author(s):  
Fabio Tronchetti
Keyword(s):  
Negative Impact ◽  
Outer Space ◽  
Space Station ◽  
Space Program ◽  
Legal Form ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Space Objects ◽  
Technological Developments

China has made remarkable achievements in the space sector and has become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011, and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major spacefaring countries, China lacks a comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of structured national space law is beginning to show its limits and to raise concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring states to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the Secretary-General of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan, and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law or to directly move to the adoption of one comprehensive law. In any case, if enacted, a Chinese national space law would represent an important step in the advancement of the Chinese space program and in the progress of international space law as such.

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