Austrian National Space Law

2017 ◽  
Author(s):  
Cordula Steinkogler
Keyword(s):  
Space Debris ◽  
Outer Space ◽  
Planetary Science ◽  
Observation Data ◽  
Forthcoming Article ◽  
National Space ◽  
Space Objects ◽  
The Law ◽  
Space Activities ◽  
Debris Mitigation

This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.The Austrian Outer Space Act, which entered into force in December 2011; and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of national space legislation became necessary to ensure compliance with Austria’s obligations as State Party to the five United Nations Space Treaties when the first two Austrian satellites were launched in 2012 and Austria became a launching state on its own. The legislation comprehensively regulates legal aspects related to space activities, such as authorization, supervision, and termination of space activities; registration and transfer of space objects; recourse of the government against the operator; as well as implementation of the law and sanctions for its infringement. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the main conditions for authorization, which inter alia refer to the expertise of the operator; requirements for orbital positions and frequency assignments; space debris mitigation, insurance requirements, and the safeguard of public order; public health; national security as well as Austrian foreign policy interests; and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit break-ups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the Austrian space legislation is the possibility of an exemption from the insurance requirement or a reduction of the insurance sum, if the space activity is in the public interest. This allows support to space activities that serve science, research, and education. Moreover, the law also provides for the establishment of a national registry for objects launched into outer space by the competent Austrian Ministry. The first two Austrian satellites have been entered into this registry after their launch in 2012. The third Austrian satellite, launched in June 2017, will be the first satellite authorized under the Austrian space legislation.

Space Law and Hazardous Space Debris

2020 ◽  
Author(s):  
Martha Mejía-Kaiser
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
The Earth ◽  
Space Agency ◽  
State Practice ◽  
Space Objects ◽  
Manned Space ◽  
Space Activities ◽  
Debris Mitigation

International space law is a branch of public international law. Norms of treaty law and customary law provide a foundation for the behavior of the subjects of international law performing space activities. Five multilateral space treaties are in effect, which are complemented by important recommendations of international organizations such as United Nations (UN) General Assembly Resolutions and International Telecommunication Union (ITU) Regulations. The Inter-Agency Space Debris Mitigation Coordination Committee (IADC), a non-governmental body composed of several space agencies (for instance, the European Space Agency, the United States National Aeronautics and Space Administration, the Japanese Aerospace Exploration Agency, the Russian Federal Space Agency), issued its Space Debris Mitigation Guidelines in 2002. The IADC defines “space debris” as “all man-made space objects including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional” (IADC, 2002, Revision 1, 2007, 3.1. Space Debris). Although the term “space debris” was not included in any space treaty, the drafters of the space treaties considered space objects as “hazardous” because “component parts of a space object as well as its launch vehicles and parts thereof” detach in course of normal launching operations, because space objects can fragment during an attempted launch, and because space objects that re-enter Earth’s atmosphere and survive friction have the potential to cause damage. In addition, radioactive and chemical substances on board space objects may represent a hazard to populations and the environment on the Earth. Besides the threats to aircraft in flight and to persons and property on the surface of the Earth, space debris in orbit is increasing alarmingly and poses a threat to manned space missions and non-manned space objects. While the Convention on International Liability for Damages Caused by Space Objects (Liability Convention, 1972) considers the threats of space objects during launch, in outer space, and when entering the Earth’s atmosphere, there have been efforts to minimize the generation of space debris in orbit, outside the framework of the space treaties. The IADC Space Debris Mitigation Guidelines are a comprehensive list of recommendations to launching states, owners, and operators of space objects. They are increasingly recognized by states through the creation of codes of conduct, national legislation, recommendations of international organizations, and state practice. Furthermore, non-governmental institutions, like the International Organization for Standardization, are providing more detailed technical instructions for the implementation of the Space Debris Mitigation Guidelines, which are a breakthrough for the application of the guidelines by states of different economic and technical standing. Even though states are reluctant to accept new obligations through treaties, recommendations and state practice are becoming powerful instruments to avert the dangers of hazardous space debris that may create damage on the Earth or in orbit. Space debris also is becoming one of the drivers for the initiatives of the United Nations on the long-term sustainability of outer space activities to promote the existing mitigation guidelines and to formulate new guidelines for clearing outer space of debris.

Legal Consequences of the Pollution of Outer Space with Space Debris

2017 ◽  
Author(s):  
Peter Stubbe
Keyword(s):  
International Law ◽  
Space Debris ◽  
Environmental Law ◽  
Outer Space ◽  
Planetary Science ◽  
Absorption Capacity ◽  
Space Environment ◽  
Forthcoming Article ◽  
Management Regime ◽  
Space Activities

This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.Space debris has grown to be a significant problem for outer space activities. The remnants of human activities in space are very diverse; they can be tiny paint flakes, all sorts of fragments, or entirely intact—but otherwise nonfunctional spacecraft and rocket bodies. The amount of debris is increasing at a growing pace, thus raising the risk of collision with operational satellites. Due to the relative high velocities involved in on-orbit collisions, their consequences are severe; collisions lead to significant damage or the complete destruction of the affected spacecraft. Protective measures and collision avoidance have thus become a major concern for spacecraft operators. The pollution of space with debris must, however, not only be seen as an unfavorable circumstance that accompanies space activities and increases the costs and complexity of outer space activities. Beyond this rather technical perspective, the presence of man-made, nonfunctional objects in space represents a global environmental concern. Similar to the patterns of other environmental problems on Earth, debris generation appears to have surpassed the absorption capacity of the space environment. Studies indicate that the evolution of the space object environment has crossed the tipping point to a runaway situation in which an increasing number of collisions―mostly among debris―leads to an uncontrolled population growth. It is thus in the interest of all mankind to address the debris problem in order to preserve the space environment for future generations.International space law protects the space environment. Article IX of the Outer Space Treaty obligates States to avoid the harmful contamination of outer space. The provision corresponds to the obligation to protect the environment in areas beyond national jurisdiction under the customary “no harm” rule of general environmental law. These norms are applicable to space debris and establish the duty not to pollute outer space by limiting the generation of debris. They become all the more effective when the principles of sustainable development are taken into account, which infuse considerations of intra- as well as inter-generational justice into international law. In view of the growing debris pollution and its related detrimental effects, it is obvious that questions of liability and responsibility will become increasingly relevant. The Liability Convention offers a remedy for victims having suffered damage caused by space debris. The launching State liability that it establishes is even absolute for damage occurring on the surface of the Earth. The secondary rules of international responsibility law go beyond mere compensation: States can also be held accountable for the environmental pollution event itself, entailing a number of consequential obligations, among them―under certain circumstances―a duty to active debris removal. While international law is, therefore, generally effective in addressing the debris problem, growing use and growing risks necessitate the establishment of a comprehensive traffic management regime for outer space. It would strengthen the rule of law in outer space and ensure the sustainability of space utilization.

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.

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.

scholarly journals Small Satellites: National Regulatory Challenges

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 190-204
Author(s):  
Asta Tūbaitė-Stalauskienė
Keyword(s):  
Outer Space ◽  
Legal Framework ◽  
Legal Aspects ◽  
Small Satellites ◽  
National Space ◽  
The Republic ◽  
Model Law ◽  
Space Activities ◽  
Debris Mitigation

[full article, abstract in English; abstract in Lithuanian] This article analyses the regulation of space activities, especially small satellites activities. Its purpose is to analyse the relevant international legal framework and discuss the possible future national space legislation in Lithuania. It has been divided into two chapters. Chapter 1 summarises the relevant international space law and addresses essential aspects related to the authorisation of space activities, registration of objects launched into outer space, liability issues, insurance requirements and debris mitigation issues. Chapter 2 deals with reasons to adopt the national space legislation in Lithuania and discusses what legal aspects should be covered by the national law in order to guarantee balance between the regulation and promotion of small satellite activities. Finally, it includes the Model Law on the Promotion of National Space Activities and the Establishment of a National Space Registry of the Republic of Lithuania.

scholarly journals The United Kingdom’s Outer Space Act 1986

2018 ◽  
Vol 5 (5) ◽  
pp. 4704-4709
Author(s):  
Tunku Intan Mainura
Keyword(s):  
International Cooperation ◽  
Outer Space ◽  
Analytical Framework ◽  
National Registry ◽  
National Space ◽  
Governmental Agencies ◽  
Space Objects ◽  
International Obligations ◽  
The Uk ◽  
Space Activities

The purpose of this article is to analyse UK’s national space legislation, the Outer Space Act 1986, based on a developed analytical framework. Based on the analysis of the UK’s national space legislation, the Outer Space Act 1986, it can be concluded that the Act does not fully contain the provisions needed to fulfil the UK’s key international obligations, and as such is insufficient to meet the UK’s key international obligations. Those key international obligations require the UK to control the space activities that those under the UK’s jurisdiction wish to undertake and to continue supervising them through to their end, require the UK to be internationally responsible and liable for all space activities carried out both by its governmental agencies and non-governmental entities, require registration of the UK’s space objects within its national registry and require the UK to encourage international cooperation amongst the participants of its space-related activities.

Space Debris Mitigation: Some Lessons from International Environmental Law

2021 ◽  
pp. 1-11
Author(s):  
Seyed Mohammad Hosseini ◽  
Fatemeh Fathpour ◽  
Subhrajit Chanda
Keyword(s):  
Soviet Union ◽  
Space Debris ◽  
Environmental Law ◽  
Outer Space ◽  
International Environmental Law ◽  
The Soviet Union ◽  
Earth Environment ◽  
Space Activities ◽  
Harmful Effects ◽  
Debris Mitigation

The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth.

Outer space law

2021 ◽  
Vol 15 (2) ◽  
pp. 17-35
Author(s):  
Boris Krivokapich
Keyword(s):  
Outer Space ◽  
Narrow Sense ◽  
Legal Rules ◽  
National Space ◽  
Space Law ◽  
Scientific Papers ◽  
Space Objects ◽  
Celestial Bodies ◽  
Legal Position ◽  
Space Activities

Given that sudden breakthroughs in conquering the cosmos are expected, some basic questions about the law governing relations in respect to outer space and in it can be expected to be triggered, starting already with the issue how one has to call that law and what is its real content. The first part of the paper deals with the naming of this branch of law and concludes that for the time being the term outer space law is the best and widely accepted. In the second part, the author states that many scientific papers and even official documents, do not define outer space law at all. There are even opinions that the outer space is a phenomenon which cannot be defined at all, suggesting that it is not possible to define a cosmic right either. The author considers that a distinction should be made between national space law of states and international space law (space law in the narrow sense a branch of international law containing legal rules governing relations in respect to the space and in the space, and in particular the regime of that space and celestial bodies it contains, exploration and exploitation of the space, the regime of navigation in the space, the legal position of the astronauts and space objects, international legal liability for damage caused by space activities, etc.). When so is clearly stated, one can also speak of space law in a broad sense, which, in addition to the norms of space law in the narrow sense, would include norms that are part of soft law, agreements and legal customs between states and non-state entities, and even at some point so-called. metalaw (law that may one day govern relations between humanity and creatures of other worlds).

scholarly journals IFDMR Establishment – A Solution for Space Debris Mitigation and Removal

2019 ◽  
Vol 2 (1) ◽  
pp. 55 ◽  
Author(s):  
Abbas Sheer ◽  
Shouping Li ◽  
Fatima Sidra
Keyword(s):  
Space Debris ◽  
Outer Space ◽  
Developed Countries ◽  
Debris Accumulation ◽  
Space Programs ◽  
Threshold Position ◽  
Whole Space ◽  
International Fund ◽  
Space Activities ◽  
Debris Mitigation

Space debris is a global mounting ultimatum to the enduring maintainability of outer space activities and ought to be managed from the very beginning; otherwise, it will be too late. Based on the last couple of years, collisions are incidents that have enhanced space debris accumulation, and the rate at which space activities have resulted in the production of debris is at a threshold position in a linear fashion. Ultimately, space has become the rendezvous of space debris. Based on the growing accumulation of debris and the emerging apprehension regarding a horrible strike and collapse of whole space programs, to remove debris is very expensive process so this paper focuses on the financial challenges and solution as well. Developing and developed countries realize the value of a competent establishment of an International Fund for Debris Mitigation and Removal (IFDMR) that could address the financial issues. Thus, this paper suggests to create incentive opportunities for remediation of space debris and penalties for its production. it would be very strong and effective mechanism to halt this mounting issue by utilizing international fund. The revenue for fund would be collected mainly from contributing member states space agencies, the proportionate contributors of debris producer like (US, RUSSIA, CHINA), and other relevant stack holders, insurance of missions, levying fee from every launching, donations from various international organizations and private entities and UN Aid etc. The fund would be operated by the Director of fund having board of directors as management team under the umbrella of UNOOSA.

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.

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