Situating real estate law for the new outer-space economy

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rebecca Leshinsky
Keyword(s):  
Real Estate ◽  
Early Stage ◽  
Outer Space ◽  
Space Environment ◽  
The Moon ◽  
Content Type ◽  
Human Needs ◽  
Goods And Services ◽  
Space Activities ◽  
Estate Law

Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

Special Issue on Space Robotics

1994 ◽  
Vol 6 (5) ◽  
pp. 345-345
Author(s):  
Yoshiaki Ohkami ◽  
Keyword(s):  
Early Stage ◽  
Space Environment ◽  
Robot Arm ◽  
Space Robotics ◽  
The Moon ◽  
Special Issue ◽  
Space Robots ◽  
Stage Of Development ◽  
Research Activities ◽  
Space Activities

Since the beginning of space exploration, ""space robots"" have attracted the imagination of many researchers and engineers, and a number of fascinating plans for their use have been proposed.' However, only a few of these ideas have been realized in spite of the early realization that robots would be more appropriate than extra-vehicular activities by a human crew in the hostile space environment. One application is the Space Shuttle Remote Manipulator System, called the ""Canadian Robot Arm"", which has been functioning as expected for more than 10 years. In addition, ROTEX experiments on Space Lab a few years ago demonstrated that advanced robotic technology could perform more complicated tasks on board. It is also reminded that many other robotic experiments were canceled at some stage of their development: In particular, it was hoped that NASA's Flight Telerobotic Servicer would be able to operate with the help of an Orbital Maneuvering Unit. There are complicated reasons for the project cancellations, but one reason seems to be that the maturity level of robotics technology is not high enough; that advanced teleoperation and dexterous manipulation have not reached a sufficient level for practical use. In Japan, most of the space research and development thus far has concentrated on the launching and in-flight operations of conventional spacecraft, so that there has been no real demand for space robots. Recently, however, the Space Activities Committee issued a report on the long term vision for space activities in Japan. In this report, the importance of the use of space robotics technologies for diversified space activities such as space platform servicing, unmanned exploration of Mars and the moon crew support inside the space station, telescience operations, and even for the reusable reentry vehicle HOPE was emphasized. This can be at least partially attributed to the very active research on robotics in Japan, and in turn has encouraged researchers working in these fields. This special issue on space robotics introduces the research activities as several representative organizations, although it does not imply an exhaustive list. Firstly, the activities of two space development organizations are introduced. The National Space Development Agency (NASDA) is responsible for launching and operation this as well as general technology verification. Included in this is the ETS-VII satellite, which as part of its overall mission, will conduct several robotic experiments. The robotic activities of the Institute of Space and Astronautical Science (ISAS) are also outlined. This institution is primarily concerned with scientific missions to the Moon and Mars as well as planets further beyond. Second, the research activities at the national institutes are introduced. These institutes are responsible for supporting national projects at an early stage of development by providing fundamental data and key technologies. This is followed by an introduction to the very extensive research activities at universities across the country. At these universities, space robotics research is pursued not only in aerospace engineering departments but also in other disciplines such as mechanical engineering, control systems, electronics, and information processing. As mentioned before, there are some organizations which do not appear in this special issue. Nonetheless, the coordinator hopes that in Japan, the information given will prove to be useful as in introduction to space robotics research activities in Japan, and further wishes to express his deepest appreciation to all of the contributors.

The Future of Sustainable utilization of resources on the Moon: a new international legal regime?

2020 ◽  
Author(s):  
Diego De Blasi
Keyword(s):  
Natural Resources ◽  
Outer Space ◽  
Critical Issue ◽  
Sustainable Utilization ◽  
The Moon ◽  
The Future ◽  
Celestial Bodies ◽  
Lunar Environment ◽  
Space Activities

<p>Outer space activities are increasingly bringing the international (scientific) community to upper stages of knowledge and awareness. With particular reference to <strong>Lunar exploration</strong>, general involvement of all States (also within a context of public-private partnerships initiatives) towards <strong>the principle of sustainable utilization of lunar resources</strong> shall represent an important requirement for the future of all Mankind</p><p><br>Thus, the <strong>safeguarding of lunar environment</strong> (the equitable/intragenerational utilization of its resources) shall represent a critical issue for the whole evolutionary framework of the <em>Corpus Iuris Spatialis</em></p><p>Firstly, the principle herein shall be taken into examination under the provisions laid down in the A<em>greement governing the Activities of States on the Moon and other Celestial Bodies.</em> Accordingly, article 11 states <em>“the moon and its natural resources are the common heritage of mankind”[..]; as well, “The moon is not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means..” (paragraph 2)</em></p><p><em> </em><br>Secondly, other concerns may also take into account: a)<strong> the perspective of ISRU (in situ resources utilization) processes</strong>, which shall take place towards sustainability means b) the undertaking of well balanced measures in exploring and using natural resources <em>vis-à-vis</em> adverse changes in lunar environment <em>(article 7, par. 1, Moon Treaty)</em>. In addition, besides the terms pursuant to the establishment of peaceful use of (space) lunar activities, an adequate <em>consensus</em> shall be called upon States beyond the <em>status quo</em></p><p>  <br>In conclusion, the aferomentioned background shall also consider the adoption of a comprehensive <em><strong>Additional Protocol to the Moon Treaty</strong></em> concerning <em>the sustainable utilization of lunar resources</em>. Arguably, this progressive framework may also be welcomed as milestones towards <em>further legal developments in international space law </em></p><p> </p><p> </p>

On the International Implications of Outer Space

1960 ◽  
Vol 12 (4) ◽  
pp. 564-584 ◽  
Author(s):  
Klaus Knorr
Keyword(s):  
United States ◽  
Early Stage ◽  
Outer Space ◽  
The United States ◽  
Space Policy ◽  
Space Technology ◽  
Space Race ◽  
Domestic Policies ◽  
Full Swing ◽  
Space Activities

Though only a few years old, the Russian-American “space race” is in full swing and it is clear, even at this early stage of outer space technology, that it will present both countries with new opportunities and new dangers.From the American viewpoint we are especially interested in these related questions: First, how will outer space activities affect the external situation within which the United States seeks to promote its security and welfare? Second, how can the United States manipulate space developments in order to improve its security and welfare? And third, how should the United States concert its space policy with other elements of its foreign, defense, and domestic policies

International Liability for Damage Caused by Space Objects

1980 ◽  
Vol 74 (2) ◽  
pp. 346-371 ◽  
Author(s):  
Carl Q. Christol
Keyword(s):  
International Law ◽  
Outer Space ◽  
Space Environment ◽  
The Moon ◽  
Space Objects ◽  
Celestial Bodies ◽  
Municipal Law ◽  
Basic Proposition ◽  
Per Se ◽  
International Liability

The exploration and use of the space environment, consisting of outer space per se, the moon, and celestial bodies, may result in harm to persons and to property. International law and municipal law have focused on rules allowing for the payment of money damages for harm caused by space objects and their component parts, including the “payload.” Both forms of law have accepted the basic proposition that money damages should compensate for harm. Principal attention will be given in this analysis to the kinds of harm caused by space objects that are considered to be compensable under international law at the present time.

Space Governance

2018 ◽  
Author(s):  
Rajeswari Pillai Rajagopalan
Keyword(s):  
Decision Making ◽  
Outer Space ◽  
Current Trend ◽  
Code Of Conduct ◽  
Space Environment ◽  
The Road ◽  
Responsible Behavior ◽  
Shifting Balance ◽  
The One ◽  
Space Activities

Outer space is once again facing renewed competition. Unlike in the earlier decades of space exploration when there were two or three spacefaring powers, by the turn of the 21st century, there are more than 60 players making the outer space environment crowded and congested. Space is no more a domain restricted to state players. Even though it is mostly a western phenomenon, the reality of commercial players as a major actor is creating new dynamics. The changing power transitions are making outer space contested and competitive. Meanwhile, safe and secure access to outer space is being challenged by a number of old and new threats including space debris, militarization of space, radio frequency interference, and potential arms race in space. While a few foundational treaties and legal instruments exist in order to regulate outer space activities, they have become far too expansive to be useful in restricting the current trend that could make outer space inaccessible in the longer term. The need for new rules of the road in the form of norms of responsible behavior, transparency and confidence building measures (TCBMs) such as a code of conduct, a group of governmental experts (GGE), and legal mechanisms, is absolutely essential to have safe, secure, and uninterrupted access to outer space. Current efforts to develop these measures have been fraught with challenges, ranging from agreement on identifying the problems to ideating possible solutions. This is a reflection of the shifting balance of power equations on the one hand, and the proliferation of technology to a large number of players on the other, which makes the decision-making process a lot problematic. In fact, it is the crisis in decision making and the lack of consensus among major space powers that is impeding the process of developing an effective outer space regime.

Space accounting

2020 ◽  
Vol 33 (5) ◽  
pp. 991-1018
Author(s):  
Hank C. Alewine
Keyword(s):  
Operations Management ◽  
Outer Space ◽  
Content Type ◽  
Research Opportunities ◽  
Interdisciplinary Field ◽  
Challenges And Opportunities ◽  
Accounting Practitioners ◽  
Space Economy ◽  
Near Future ◽  
Space Activities

PurposeThe emerging and rapidly growing space economy warrants initial analysis from an accounting lens. This article explores accounting's role in entity transactions involving outer space activities by addressing two questions: (1) What accounting challenges exist within a developing space economy? (2) What accounting research opportunities exist to address these challenges?Design/methodology/approachBackground context introduces accounting scholars to the modern space economy and its economic infrastructure, providing insight on entity transactions involving activities in outer space. Detailed discussion and analysis of space accounting challenges and research opportunities reveal potential for a robust, interdisciplinary field in the accounting domain relevant for both practitioner and academic spheres. The article concludes with a summary investigation of the future exploration of accounting for space commerce.FindingsMany accounting challenges and opportunities exist now and in the near future for accounting practitioners and scholars to contribute towards humanity's ambitious plans to achieve a sustained presence on the moon sometime during the 2020s and on Mars in the 2030s. All of accounting's traditional subject-matter domain, as well as sustainability accounting matters, will be relied upon in these efforts. Interdisciplinary inquiries and problem solving will be critical for success, with particular collaboration needs existing between accounting and operations management scholars.Originality/valueThis is the first paper to explore accounting for the burgeoning space economy, and to offer insight and guidance on the development of an emerging accounting subfield: space accounting.

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.

Space Law Education and Capacity-Building

2021 ◽  
Author(s):  
David Kuan-Wei Chen
Keyword(s):  
Capacity Building ◽  
International Development ◽  
Outer Space ◽  
Deep Understanding ◽  
Space Environment ◽  
Space Technology ◽  
Space Applications ◽  
Space Law ◽  
Emerging Issues ◽  
Space Activities

Space activities can bring tremendous benefits to global development and humanity. For the safety, security, and long-term sustainability of outer space, activities and developments in the exploration and use of outer space must therefore be guided by the effective formulation, implementation, and enforcement of law and governance. Concerted and quality space law education and capacity-building efforts are necessary for the cultivation of competent professionals, scholars, and next-generation experts who are cognizant of the emerging issues and challenges posed by the proliferation of space activities and actors in the global commons of outer space. In order to fully grasp space law, it is important to possess a basic understanding of space technology, space applications, and the space environment in which the exploration and use of outer space take place. Not only should space law professionals and scholars be trained in law and have a deep understanding of especially public international law, but the approach to space law education and capacity-building must also be uniquely holistic and interdisciplinary. Hence, education and capacity-building can stimulate international development and cooperation in space activities and contribute to building expertise and capacity in countries with emerging space capabilities.

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.

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