scholarly journals Legal challenges relating to the commercial use of outer space, with specific reference to space tourism

2014 ◽  
Vol 17 (1) ◽  
pp. 2 ◽  
Author(s):  
A Ferreira-Snyman
Keyword(s):  
Outer Space ◽  
Specific Reference ◽  
Space Tourism ◽  
Commercial Use ◽  
Legal Challenges

scholarly journals Legal Challenges Relating to the Commercial Use of Outer Space, with Specific Reference to Space Tourism

2017 ◽  
Vol 17 (1) ◽  
pp. 050 ◽  
Author(s):  
Anel Ferreira-Snyman
Keyword(s):  
Artificial Satellite ◽  
Outer Space ◽  
Tourism Industry ◽  
Specific Reference ◽  
National Guidelines ◽  
Space Tourism ◽  
Legal Instrument ◽  
Legal Questions ◽  
Legal Challenges ◽  
Space Activities

Since the launch of the first artificial satellite, Sputnik 1 in 1957, the outer space arena has evolved to include non-state entities, which are becoming serious participants in outer space activities themselves, including venturing into the space tourism market. Although space tourism is still in its infancy, it is estimated that the number of space tourists will substantially increase within the next few years. As space tourist activities increase, accidents will inevitably occur, which will give rise to legal questions relating to the duty of states to rescue space tourists in distress, and the liability for damages. This contribution points out that the current outer space treaty regime, which focuses on the use of outer space by states, is to a large extent outdated and that it cannot adequately deal with the unique legal challenges presented by the rapidly developing space tourism industry. This situation is exacerbated by the fact that the outer space legal framework is very fragmented – consisting of treaties, UN principles and guidelines, regional regulations and intergovernmental agreements, as well as national guidelines and legislation. In order to ensure that space tourism is indeed to the benefit of all mankind, it is imperative that clear international legal rules relating to space tourism be formulated, where standards are set for the authorisation and supervision of commercial space activities and the interests of states, passengers and private actors are balanced as far as possible. In view of the urgent need to address these legal questions and the consequent lack of time to negotiate a binding legal instrument, it is submitted that, as an interim measure, soft law guidelines should be developed in relation to space tourism in order to provide a framework for the eventual creation of a consolidated and binding legal instrument on all aspects relating to the use and exploration of outer space.

scholarly journals Editorial

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Outer Space ◽  
State Intervention ◽  
Legal Framework ◽  
The South ◽  
African Countries ◽  
Space Tourism ◽  
Legal Challenges ◽  
The Mind

EditorialThe first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries. Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.Editor: Prof C Rautenbach 

scholarly journals ASPEK HUKUM KEGIATAN WISATA RUANG ANGKASA (SPACE TOURISM) MENURUT HUKUM INTERNASIONAL

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Aryuni Yuliantiningsih
Keyword(s):  
Outer Space ◽  
The Other ◽  
State Party ◽  
Space Tourism ◽  
Commercial Use ◽  
Key Word ◽  
Outer Space Treaty ◽  
The One ◽  
Article 5 ◽  
Manned Spaceflight

The activities of States in the exploration and use of outer space began since Uni Sovyet was launching Sputnik sattelite at 1957 and than followed the first manned spaceflight launched namely Yuri Gagarin at 1961. In their activities, manned spaceflight get law protection according Space Treaty  and Rescue Agrement. Article 5 Space Treaty regulate that State Parties to the treaty shall regard astonauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing of another State Party. In the other side, the activities of commercial use of outer space is developing, the one is space tourism. This matter not yet be regulated so if there are many  problems about the law protection of space tourists and the activities of outer space that performed by private enterprises, the treaties of outer space can be applicated. Key word :  space tourism, outer space treaty

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.

scholarly journals Flying the Friendly Skies May Not be so Friendly in Outer Space: International and Domestic Law Leaves United States’ Citizen Space Tourists without a Remedy for Injury Caused by Government Space Debris

2007 ◽  
Vol 7 ◽  
Author(s):  
Marla Stayduhar
Keyword(s):  
United States ◽  
Outer Space ◽  
Seat Belt ◽  
Space Vehicle ◽  
The Moon ◽  
Government Officials ◽  
Travel Agents ◽  
Final Destination ◽  
Space Tourism ◽  
Domestic Law

“Ladies and Gentlemen, we would like to welcome you to the moon. Please keep your seat belt fastened until the pilot completely stops at the gate. If this is your final destination, please collect your bags at baggage claim D. If you are headed on to Mars, your bags will be checked through to your final destination.”These words may sound funny now, but the possibility of them becoming a reality is not as far-fetched as it might seem. On September 18, 2006, Anousheh Ansari, a United States citizen of Iranian origin, became the fourth space tourist and the first female civilian to enter outer space.1 She also became the first astronaut to keep a space blog of her experiences to which readers could post a response.2 Shortly before Ms. Ansari’s adventure, on October 1, 2005, Gregory Olsen, scientist and entrepreneur, was the third paying civilian space tourist, and took flight on a Russian shuttle.3 Although his trip cost $20 million,4 it is not unforeseeable that  ordinary citizens will soon be able to take a short trip around the moon or visit a space resort. It has been estimated that space tourism has the potential to generate $10 billion to $20 billion in income in the next few decades.5 Counting on that projection, Virgin Galactic, founded by Richard Branson (the well-known billionaire adventurer6), recently reached an agreement with the State of New Mexico to build a space port on state land.7 Moreover, recent batches of space vehicle competitions and exhibits have piqued greater interest in space tourism for adventurers, scientists, travel agents and government officials alike.8

scholarly journals Structural Health Monitoring (SHM) of Space Structures

2021 ◽  
Keyword(s):  
Health Monitoring ◽  
Outer Space ◽  
Influential Factors ◽  
Space Structures ◽  
Sufficient Information ◽  
Destructive Testing ◽  
Space Tourism ◽  
Asset Monitoring ◽  
Structured Approach ◽  
Non Destructive

Abstract. Recent years have seen an increased interest in exploring outer space for space tourism or for unmanned or manned planetary explorations. The captivated interests among various stakeholders to employ advanced technologies to meet the requirements of these missions have necessitated the use of newly developed asset monitoring systems to ensure robustness and mission reliability. Although, Non-Destructive Testing (NDT) methods provide sufficient information about the state of the structure at the time of inspection, the need for continuously monitoring the health of the structure throughout the mission has asserted the use of Structure Health Monitoring (SHM) technologies to increase the levels of safety and thereby, reducing the overall mission costs. However, since the implementation of SHM technologies for space missions can be affected by several factors including, environmental conditions, measurement reliability and unavailability of adequate standards, additional considerations on its employability must be reconsidered. This article demonstrates a structured approach to compare the capabilities of some of the most promising SHM technologies in consideration of these influential factors. Additionally, remarks on the feasibility of employing these SHM technologies and the role they could play in such critical missions would be elaborated.

scholarly journals Making Outer Space Intimate: Familiar Scales and Strange Sites (Panel, AAA 2015)

2017 ◽  
Author(s):  
Michael P. Oman-Reagan ◽  
Kira Turner
Keyword(s):  
Political Ecology ◽  
Outer Space ◽  
Climate Science ◽  
Space And Place ◽  
Interstellar Space ◽  
Space Tourism ◽  
Tourism Studies ◽  
History Of ◽  
A Site ◽  
Intimate Encounters

Building on anthropology’s attunement to multiple registers of inquiry, this panel finds intimate engagements with outer space in studies of: the imaginaries of astronomical image making; the politics of otherworldly analog and simulation science; views from the ground and views from space in climate science; the inscription of interstellar space as a site of travel, communication, and speculation; indigenous people’s cosmologies, spaceport construction, and space tourism; and ontologies of space debris in locales both proximate and remote to spacecraft launch sites. These intimate encounters with space shift the cosmos from something remote ‘out there’ into a familiar locale with attendant earthly consequences from awe and hope to conflict and danger. At stake is an understanding of how our activity in space increasingly shapes the ways we imagine and plan for human futures both on and off planet Earth.Keywords: Geography, Archaeology, Space, Interstellar, Tourism Studies, Technology, Climate Change, Space and Place, Political Ecology, Environmental Studies, History of Science, Astrobiology, Exoplanets, STS, Astrophysics, Astronomy, Anthropocene, Science and Technology StudiesPlease cite as:Oman-Reagan, Michael P. and Kira Turner. 2015. Making Outer Space Intimate: Familiar Scales and Strange Sites. Paper session reviewed by General Anthropology Division. 114th Annual Meeting of the American Anthropological Association; Denver, Colorado. 18-22 November.

Human Geographies of Outer Space

Geography ◽  
2021 ◽  
Keyword(s):  
Social Science ◽  
Gilles Deleuze ◽  
Outer Space ◽  
Space Travel ◽  
Organization Studies ◽  
New Horizons ◽  
Space Tourism ◽  
Space Art ◽  
Space Activities ◽  
Striated Space

Human geographies of outer space encompass a burgeoning body of social science and humanities scholarship exploring the application of geographical perspectives, concepts, and approaches through the study of outer space, human–outer space relations, and space travel. Humanity’s engagement with outer space has everyday effects, spanning the way we act and interact with each other here on Earth—how we live with other species, and our imagined landscapes and futures. In the last decade or so, a growing number of geographers have explored these themes. However, the emergence of geographies of outer space must be understood as an innately interdisciplinary endeavor, inspired by, and inspiring, wider social science engagements with outer space. For this reason, in this guide work is included that has been published by geographers within and outside geography departments and centers, as well as those located in allied fields, particularly sociology, anthropology and organization studies. These interdisciplinary engagements are necessarily wide-ranging—in terms of their: (i) empirical objects of analyses, (ii) purpose, and (iii) theoretical influences. Empirical engagements encompass: off-world mining, astropolitics, space art, space tourism, astronomy, space-themed toys, moon landings, orbital work practices, space law and much more. In terms of purpose, although a great deal of published work consists of critiques of imperialist-nationalistic-capitalistic space activities and imaginaries, research has also increasingly sought to advance alternative, more socially inclusive visions of outer space. Geographies of outer space are also theoretically diverse, informed by David Harvey’s critique of capitalism through Gilles Deleuze and Félix Guattari’s concept of smooth/striated space to Peter Sloterdyk’s theorization of spaces of containment. However, despite this diversity, research remains predominately Western; this is despite the longstanding presence of Russian, Chinese, Japanese and Indian space hardware and millennia of non-Western cosmographies. While this focus may partly stem from the lack of availability of research materials, it remains a challengeable trend. Nonetheless, geographical studies of outer space have certainly explored critical questions of power that are mostly absent in popular and technoscientific framings of outer space—namely, whose interests and agendas do human activities in space serve? How can outer space help us understand how to live on Earth with other peoples and species? And what futures will space activities open up or close down? These questions open up new horizons of geographical inquiry, while also returning geography to its early cosmographical origins.

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