scholarly journals Selected legal challenges relating to the military use of outer space, with specific reference to Article IV of the Outer Space Treaty

2015 ◽  
Vol 18 (3) ◽  
pp. 487 ◽  
Author(s):  
A Ferreira-Snyman
Keyword(s):  
Outer Space ◽  
Specific Reference ◽  
Legal Challenges ◽  
Outer Space Treaty ◽  
The Military

scholarly journals Challenges to the Prohibition on Sovereignty in Outer Space - A New Frontier for Space Governance

2021 ◽  
Vol 24 ◽  
pp. 1-50
Author(s):  
Anel Ferreira-Snyman
Keyword(s):  
Outer Space ◽  
Specific Reference ◽  
Private Companies ◽  
Legal Rules ◽  
Political Interests ◽  
New Frontier ◽  
The Usa ◽  
Role Players ◽  
Outer Space Treaty ◽  
Space Boundary

The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer space arena was largely dominated by the political interests of the two major space powers, the USA and the (then) USSR. Although states have remained the primary actors in regulating the use of outer space, the extent to which private companies would become involved in the exploration and use of space was not envisaged at the time of the conclusion of the space treaties. It is particularly the involvement of private space actors that complicates the traditional understanding of the prohibition on territorial sovereignty in outer space. With specific reference to the outer space boundary, the principle of the common heritage of humankind and property rights in outer space, this contribution aims to highlight some of the challenges to the prohibition of sovereignty in view of current developments in the arena of outer space. This analysis suggests that the blanket prohibition on sovereignty in outer space should be re-evaluated in order to keep up with the fast developing technological advancements in space exploration, and that clear legal rules be developed to provide legal certainty for all role players.

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 Could an optional protocol be the way to stop the weaponization of outer space?

2021 ◽  
pp. 002070202110205
Author(s):  
Paul Meyer
Keyword(s):  
Armed Conflict ◽  
Outer Space ◽  
Arms Race ◽  
Political Support ◽  
Great Power ◽  
General Assembly ◽  
United Nations General ◽  
Optional Protocol ◽  
Outer Space Treaty ◽  
United Nations General Assembly

Since the early 1980s, the United Nations General Assembly and its affiliated forum, the Conference on Disarmament in Geneva, has had the Prevention of an Arms Race in Outer Space issue on its agenda. In the intervening years, the threat of weapons being introduced into the outer space realm has waxed and waned, but, in the main, a benign environment free from man-made threats has prevailed, allowing for great strides in the exploration and use of space. Recently, a renewal of great power rivalry including the development of offensive ‘counter-space’ capabilities has resurrected the spectre of armed conflict in space. With widespread political support for the non-weaponization of outer space, has the time come to give legal expression to this goal by means of an optional protocol to the 1967 Outer Space Treaty?

Could future COP talks help to de-junk near-earth space?

Soundings ◽  
2021 ◽  
Vol 78 (78) ◽  
pp. 81-85
Author(s):  
Susmita Mohanty
Keyword(s):  
Space Debris ◽  
Outer Space ◽  
Low Earth Orbit ◽  
Observation Data ◽  
Earth Space ◽  
Near Earth Space ◽  
Earth Environment ◽  
Outer Space Treaty ◽  
Earth Observation Data ◽  
Earth’S Climate

Space debris has reached alarming proportions and is growing at a frightening pace, because of the expanding number of satellites circulating in Low Earth Orbit (LEO), designed to increase global Internet coverage and provide earth observation data. LEO satellites are now being launched in mega-constellations, including by Elon Musk's company SpaceX. It is time to completely overhaul the 1967 Outer Space Treaty, which was not designed to deal with current problems. The COP forum should therefore include the near-earth environment within its concept of the earth's climate, enabling the UN to acknowledge, as a collective, the growing menace of human-made debris in near-earth space, and, in partnership with the UN-Outer Space Affairs Office (UN-OOSA), call for a new declaration on LEO.

Legal Enforceability of International Space Laws: An Appraisal of 1967 Outer Space Treaty

New Space ◽  
2021 ◽  
Author(s):  
Feyisola Ruth Ishola ◽  
Oluwabusola Fadipe ◽  
Olaoluwa Colin Taiwo
Keyword(s):  
Outer Space ◽  
International Space ◽  
Outer Space Treaty

scholarly journals TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

2022 ◽  
Vol 4 (1) ◽  
pp. 100-126
Author(s):  
Virajati Adhazar ◽  
Suhaidi Suhaidi ◽  
Sutiarnoto Sutiarnoto ◽  
Jelly Leviza
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
State Accountability ◽  
Legal Provisions ◽  
Self Defense ◽  
Compensation Process ◽  
Outer Space Treaty

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

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