scholarly journals Outer Space Law: A Human Future

2021 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Nilo Serpa ◽  
Richard Brook Cathcart
Keyword(s):  
Key Words ◽  
Ethical Issues ◽  
Outer Space ◽  
Environmental Preservation ◽  
Space Law ◽  
Democratic Ideals ◽  
Critical Aspects

<p>Present paper discusses critical aspects of the colonization of outer space in view of the broad and robust law required in accordance with democratic ideals. The article also addresses ethical issues touching planetary environmental preservation — especially in the event of alien life — as well as relevant topics relating to future terraforming projects.</p><p><strong>Key-words:</strong><strong> </strong>outer space law, ethics, terraforming, alien life.</p><p>================================================================ </p><p>O presente trabalho discute aspectos críticos referentes à colonização do espaço exterior em vista da ampla e robusta legislação requerida em conformidade com os ideais democráticos. O artigo também aborda questões éticas tocantes à preservação ambiental planetária — especialmente na eventualidade de existência de vida alienígena — bem como tópicos relevantes relativos a futuros projetos de terraformação.</p><p><strong>Palavras-chave:</strong> lei do espaço exterior, ética, terraformação, vida alienígena.</p>

PROTECTION OF INTELLECTUAL PROPERTY ASSOCIATED WITH THE EXPLORATION OF OUTER SPACE

2019 ◽  
pp. 21-26
Author(s):  
A.V. Bagrov
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Outer Space ◽  
Patent Law ◽  
Patent Holder ◽  
Space Flights ◽  
Innovative Solutions ◽  
Space Law ◽  
Uncertain Time

Patent law, which arose at the beginning of the industrial revolution and protects the rights of the patent holder solely on the territory of patenting, does not apply to inventions used in outer space. Space is not included in any patenting territory. It is necessary on a new basis to form the space law on the protection of innovative solutions, which will take into account the uncertain time between the filing of an application for an invention and its first use in space. Now it often exceeds the generally accepted period of validity of patents. For space patents, it is advisable to establish their validity for at least 50 years from the date of first use. All outer space, including all objects located in it, is proposed to be declared a single patent territory. It is necessary to exclude duties on the maintenance of patents used in space flights, if they are used only by the developer or are transferred to them for free leasing.

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.

International outer space law

Space Policy ◽  
1987 ◽  
Vol 3 (1) ◽  
pp. 65-71
Author(s):  
Carl Q. Christol
Keyword(s):  
Outer Space ◽  
Space Law

scholarly journals Geostationary Belt – State’s Territory or Province of Mankind?

2018 ◽  
Vol 8 (1) ◽  
pp. 167-178
Author(s):  
Rafał Kopeć
Keyword(s):  
Developing Countries ◽  
Space Exploration ◽  
Outer Space ◽  
Geostationary Orbit ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
Space Law ◽  
Special Area ◽  
The Subject ◽  
State Of Affairs

Abstract The geostationary orbit is a special area in outer space. Because of its distinctive characteristics, it has constantly been the subject of economic and political desirability. Space powers, taking advantage of their technological superiority and rules applied by the International Telecommunication Union (ITU) retained a privileged position. Developing countries, responding to this state of affairs, have taken a number of measures to improve their positions. Some of them posed a challenge to the main regulation of space law (Bogota declaration was an attempt to exercise a national sovereignty over the segments of the geostationary orbit), some are based on the use of the legal gaps in ITU regulations. Given these circumstances, the specific case of geostationary belt contributes to the debate on the regulations governing space exploration.

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.

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