Human Planetary Exploration

Author(s):  
Anja Nakarada Pecujlic

This chapter examines the legal implications of the ambitious plans to send manned missions to Mars and establish permanent human presence in outer space announced. It addresses the concept of “colonizing planets” and its potential consequences. It offers an overview of the applicable existing legal norms and presents a number of potential legal scenarios concerning the governance of permanent human habitant in outer space. Even though technology is not completely there yet, we should not wait for the space shuttle to be ready to board in order in the nearest future to start discussing potential legal frameworks required to govern multi-planetary existence.

Author(s):  
Valerie Neal

Chapter 5, “Space Station: Campaigning for a Permanent Human Presence in Space,” transitions from the space shuttle as the focus of U.S. human spaceflight to NASA’s push for a permanent space station from the 1980s into the new century. The space station became the new icon for justifying humans living and working off the planet. The focus here is the constant effort to shape and reshape both the rationale for the station and its actual configuration in the face of mounting opposition. Two phrases served to reshape the meaning of spaceflight once a space station claimed the agenda: “the next logical step” and “a permanent presence in space.”


2021 ◽  
pp. 191-210
Author(s):  
Antonio Segura Serrano

This chapter analyses whether and on which legal basis the Internet can be considered as part of the common heritage of mankind and, from this perspective, what legal implications would ensue therefrom in relation to the governance of the Internet. Even if cyberspace is not a perfect commons, Internet governance through the contours of the common heritage of mankind concept is an innovative proposal that may be successfully added to the discussion, since the features of this notion seem to create a better legal framework for Internet governance than the present multi-stakeholder approach. This proposal provides one of the best legal frameworks available in international law to achieve the common management of global critical resources for the benefit of all.


Land ◽  
2019 ◽  
Vol 8 (10) ◽  
pp. 154
Author(s):  
Hoops ◽  
Tagliarino

The Voluntary Guidelines on the Responsible Governance of Tenure (VGGT) call for governments to clearly define the term ‘public purpose’ to allow for judicial review of the goals of expropriations of property. However, recent research indicates that national-level legal frameworks that govern expropriation decision-making not only vary greatly from country to country but also often fail to comply with the VGGT standards on expropriation. This creates the potential for unpredictable and, in some cases, arbitrary applications of expropriation law in practice. Focusing on legal norms and jurisprudence applicable to ‘public purpose’ decision-making in South Africa and India, this article provides a comparative analysis of these countries’ legal frameworks as means of ascertaining (1) the current legal boundaries to decisions on the expropriation’s goal; (2) whether these boundaries comply with the VGGTs; and (3) what these two countries can learn from one another in terms enacting legislation and regulations that comply with the VGGTs. To conduct this comparative analysis, we thoroughly examine constitutional provisions, relevant case law, legislation, regulations, and relevant secondary sources to highlight the current status of India’s and South Africa’s law on ‘public purpose’ and how they relate to the VGGTs. We conclude by distilling some key findings that can inform the decisions of expropriation lawmakers in both countries, especially in South Africa where a draft Expropriation Bill is currently being considered.


2018 ◽  
Vol 8 (1) ◽  
pp. 112-118 ◽  
Author(s):  
Craig T. Mallak

When the Space Shuttle Columbia was lost in 2003, the investigation presented many unique challenges, including numerous findings that had never been observed by forensic pathologists. The previous two major space shuttle fatality incidents also presented unique and complex issues. The causes of these incidents are now identified and the environmental impacts on the astronauts were a major contributor to the tragedies. Even with the improvements learned from the losses of Apollo 1 (1967), the Challenger (1986), and the Columbia (2003), space flight continues to be one of the most dangerous professions and environmental factors are significant contributors to this threat. While many have now been explained, the myriad of environmental insults to the crew continues to be a source of interest for those involved in space flight. Most forensic pathologists will never be involved in a death investigation of astronauts at the edge of outer space, on a mission, or during training, yet the findings are nevertheless of interest in the field of environmental death.


2020 ◽  
Vol 13 (3) ◽  
pp. 75-98
Author(s):  
Jack B. Chaben

The Cold War initiated not only rapid weaponization campaigns within the United States and the Soviet Union, but launched a space race between the ideological opponents. The Soviet Union claimed an early victory by becoming the first nation to launch a satellite into space. Despite the United States' rough start, the country triumphed during its Apollo Program to become the leader in space. Treaties and international norms emerged throughout this time to prevent these technologically raging nations from weaponizing the expansive environment of outer space, but the resulting protections against national ownership of space limited incentives for future deep space travel. As the U.S. Space Shuttle program came to an end in 2011, the United States forfeit its capabilities to transport humans to the International Space Station. This apparent abandonment of outer space, however, began to reveal the seminal role of the commercial space industry and its revolutionary technologies. This article traces the transition from the Cold War-era space race to today’s robust public-private expansion into space. It highlights the foundational importance of international cooperation to protect the interests of private companies, and presents a model of cooperative succession between space agencies and companies to send humans to Mars.


First Monday ◽  
2016 ◽  
Author(s):  
Francesca Musiani ◽  
Cécile Méadel

The papers in this First Monday special issue were originally part of the final symposium of the research project ADAM (Architecture Distribuée & Applications Multimédias, French acronym of Distributed Architectures and Multimedia Applications). This introduction elaborates on the issues at stake in the study of distributed network architectures beyond engineering sciences; it explores their political, social and legal implications and shows, by introducing the papers, the important challenges distributed architectures pose to our societies, economic systems, legal norms and collective behaviors.


2005 ◽  
Vol 13 ◽  
pp. 913-914
Author(s):  
John B. Campbell

Planetary exploration is resulting in the creation of new archaeological sites, material and debris on planets and their moons, and in various orbits round the Earth, Mars, the Sun etc. The main off-Earth bodies with sites so far are the Moon and Mars. Although thousands of archaeological sites on Earth are protected for their heritage value, no sites off-Earth are properly protected as yet. Sites off-Earth need to be ranked for their comparative heritage significance and protocols developed for the conservation and protection of the more significant sites and artifacts, before specimens are collected and returned to Earth in an uncontrolled (from heritage points of view) manner. A new United Nations Space Heritage Treaty is needed, or at least appropriate IAU and WAC (World Archaeological Congress) protocols agreed by the various parties concerned. The UN Outer Space Treaty 1967 is very out of date and a product of the Cold War.


St open ◽  
2020 ◽  
Vol 1 ◽  
pp. 1-38
Author(s):  
Mislav Burazer

In the summer of 2011, Anders Behring Breivik committed a terrorist attack in Norway in which 77 people were killed, and at least 319 more were injured. This paper analyses several aspects of the deadliest attack on European soil since World War II, primarily the psychological background of this crime and its legal implications. The paper consists of three sections. The first section presents the comparative and legal basics of criminal insanity that is necessary in order to understand the sections that follow. The second section deals with the perpetrator’s psychological profile and the great debate that had ensued due to the contradicting reports of the Norwegian experts. The last section of the paper summarises the essence of the previous two sections while presenting a comparative procedural analysis of hypothetical trials in select jurisdictions. This paper is based on a comparative analysis of legal norms that aims to highlight the high complexity of the issue. The Breivik case has been selected as an ideal example because, on the one hand, it has created a number of contradicting opinions within its domestic legal system while, on the other hand, its universal nature makes it suitable for a more complex comparative analysis.


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