Proposal for Establishing an International Court of Air and Space Law

2021 ◽  
pp. 218-228
Keyword(s):  
International Cooperation ◽  
Outer Space ◽  
Legal Issues ◽  
Global Community ◽  
Global Issues ◽  
Law And Policy ◽  
International Court ◽  
Space Law

This chapter describes the proposal for establishing an “International Court of Air and Space Law (ICASL).” The establishment of an ICASL is necessary and should provide the uniformity of decisions currently lacking in the jurisdiction relating to disputes in the field of air and space law and space exploitation. It is desirable that the establishment of an ICASL should lead to the strengthening of international cooperation deemed essential by the global community towards the joint settlement of transnational claims and cases with respect to air and space law. In order to understand easily the global issues and solutions on the outer space law and policy, the author describes legal issues and prospects on outer space law and policy. The establishment of such a court should be designed to promote the speed of work and the fairness of trial in air and space law cases.

Formation of a modern international legal concept for the exploration and use of outer space

2021 ◽  
Author(s):  
A. Kapustin ◽  
V. Avhadeev ◽  
A. Golovina ◽  
A. Kashirkina ◽  
E. Kienko ◽  
...  
Keyword(s):  
International Law ◽  
International Cooperation ◽  
International Organizations ◽  
Space Exploration ◽  
Outer Space ◽  
Legal Regulation ◽  
Legal Concept ◽  
International Space ◽  
Space Law ◽  
Space Activities

The exploration and use of outer space, which began in the mid-twentieth century, led to the formation of international space law, designed to regulate the relations of States in this relatively new sphere of human activity. The undulating nature of the development of this branch of international law, for objective reasons, has led to the complication of international legal regulation of space activities. The dynamics of scientific and technological progress and the development of technologies in the space sphere exacerbates competition between space powers and international organizations, creates new challenges for international cooperation in space exploration and requires innovative legal solutions. The doctrine of international law is faced with the task of generalizing new problems and processes and developing conceptual models for the further development of international space law. The dynamics of the conceptual perception of international space law is traced, new theoretical approaches to the concept of the international legal status of outer space and individual regimes and concepts of its use in modern conditions are proposed. Taking into account the trends in the institutionalization of international space activities and the impact of economic integration processes on international cooperation in space, primarily in the Euro-Asian region, the role of international organizations in the international legal regulation of space activities and the harmonization of national legislation is analyzed. In addition, certain aspects of future space exploration are considered as a legal forecast. For researchers, teachers, postgraduates and students, civil servants and practicing lawyers, as well as for anyone interested in the problems of modern international law.

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.

From space debris to planetary defense: a provisional ground for resilient international cooperation in outer space activities  

2021 ◽  
Author(s):  
Diego De Blasi
Keyword(s):  
International Cooperation ◽  
Space Debris ◽  
Outer Space ◽  
Low Earth Orbit ◽  
The Other ◽  
Customary Law ◽  
International Space ◽  
Planetary Defense ◽  
Space Law ◽  
Space Activities

<p>International cooperation has definitely been shaping the development of the <strong>Corpus Juris Spatialis</strong> and relative principles <em>under the aegis of the United Nations </em>(see A/Res/1962/XVIII). To this extent, the concept of <em>space </em>as <em>global commons </em>represents the core debate of Space Agencies (ESA), whilst manned and unmanned exploration of the universe are flying to next generation. On the other hand, all space activities will be reasonably linked to both anthropic and natural risks: other effective provisional advancements in international space law are so much needed to addressing <em>space debris </em>and <em>planetary defense</em> as <em>common global challenges</em></p><p>First of all, the <strong><em>space debris issue</em></strong> is susceptible to fostering the aferomentioned level of innovation in space law by these multilateral efforts. All “composite material components” accumulating in considerable amount in <em>Low-Earth Orbit (LEO/collinear Lagrangian points)</em> may possibly lead the way to a comprehensive review of the terms laid down in the Outer Space Treaty (<em>ex plurimis</em>, <strong>article IX</strong>). Morevover, the further existence of international customary law, which is notably ascertained<em> “as evidence of a general practice accepted as law” </em>(<strong>art. 38, let. b, ICJ Statute</strong>), might also create hermeneutical tools to tackling such critical task. In addition, a long-term solution may hopefully give birth to the establishment of an <em>international agreement </em>on <em>space debris clearing</em>, providing for adequate international binding norms and structural organization of international guidelines (IADC/UNOOSA) </p><p><em>Secondly</em>, <strong>planetary defense </strong>measures <em>vis-à-vis</em> the so called <em>“Cosmic Hazard”</em> shall be carried out by emphasizing the application of international space law and regulations<em> thereto</em>. In particular, the legal use of explosive devices (NED) may be found as slightly critical in light of the applicable international norms and regulations. Moreover, cosmic hazard issues also engage with a very complex level of decision making, to be carried out by a specific vote of the United Nation Security Council (UNSC) in application of the procedure laid down in <em>article 27</em> of the <em>UN Charter</em>. On the other side, this particular dilemma may call upon States to undertake responses against natural space threats by preventing potential liability of the States (see <strong>article VII OST</strong> and <strong>International Liability Convention for Damages caused by Space Objects</strong>)</p><p><em>Eiusmodo</em>, the <em>liability conventional framework</em> shall either have some <em>comprehensive interpretation</em> of the principle of <em>“vis major (quae humana infirmitas resistere non potest)”</em>. In compliance with <em>article II</em>, it must be noticed that failing attempts by Parties- whenever space threats may be encountered in different circumstances  - connects directly with the regime of absolute responsibility for eventual damages occurred to third Parties.</p><p><em>To be concluded,</em> both<em> space debris </em>and<em> planetary defense</em> stand together as resilient pillars of international cooperation in space affairs: the accountable exploration of outer space shall previously take also into account of such perspectives for the exclusive benefit of Mankind  </p><p> </p><p> </p>

The Development of Space Law: Applying the Principles of Space Law and Interpreting ‘Peaceful Purposes’ in the Outer Space Treaty 1967

2021 ◽  
Vol 4 (1) ◽  
pp. 69-84
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
International Law ◽  
Outer Space ◽  
Legal Issues ◽  
Legal Research ◽  
Space Law ◽  
Outer Space Treaty ◽  
Peaceful Purpose ◽  
Space Activities

This study analyzes the relevance of the proportionality, non-intervention, and unnecessary suffering principle's in the outer space perspective; and analyzes the 'peaceful purposes' at Outer Space Treaty 1967. This legal research uses primary and secondary legal materials to obtain an appropriate analysis of legal issues. This research states that the principles of international law must be applied in space activities by outer space actors. Furthermore, the ambiguity of the phrase 'peaceful purpose' in the Outer Space Treaty gives rise to different interpretations by each state. For this reason, a convention on outer space is needed to affirm the orientation of 'peace' in space activities. In the title, you focus on peaceful purposes meaning, but in this abstract, you extend it to the broader focus.

scholarly journals Emerging Legal Issues in Sub-Orbital Flight and Colonization under International Air and Space Law

2019 ◽  
Vol 7 (1) ◽  
pp. 37-45
Author(s):  
King James Nkum ◽  
Beida Onivehu Julius
Keyword(s):  
Space Exploration ◽  
Outer Space ◽  
Air Travel ◽  
Legal Issues ◽  
Orbital Flight ◽  
X Ray ◽  
Space Tourism ◽  
Legal Implications ◽  
Space Law ◽  
Space Activities

Space exploration activities constitute an important part of International Air and Space Law. Space Law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law and is to a very large extent connected to Air Law. Not only have we witnessed a tremendous increase in air travel recently, human activities in space has also skyrocketed. Sub-orbital flight and colonization (also known as space tourism) is one of such developments in space activities today and is not without legal implications. This article seeks to x-ray and situates some of these legal issues emerging out of contemporary space exploration activities against the overarching framework of the UN Space Treaties. 

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.

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