scholarly journals Impact of needs of space economy development on the legal regulation (a case study of the Luxembourg initiative SpaceResources.lu)

Author(s):  
Svetlana Mikhailovna Popova

This article presents the results obtained within the framework of the research program for novelties of modern space law that arise in connection with the needs of the space economy development. Based on the analysis of the effects of the Luxembourg initiative SpaceResources.lu (February 2016 to December 2019), the author investigates possible consequences for the system of international space law. There is a growing global interest in replicating the experience of Luxembourg for creating "legal offshore" to stimulate new types of space activities. The facts demonstrate that implementation of the initiative SpaceResources.lu, supported by the tools of "soft power," "soft law", investments, and other technologies, helps expand the "window of discourse" in matters of space resources private use. This process can cause a sudden change in the rules of the competitive game in the global space market. It is necessary to monitor this kind of "disruptive" political and legal innovations, since rapid changes in the global space economy and international law directly affect the interests of the Russian Federation.

2021 ◽  
Author(s):  
A. Kapustin ◽  
V. Avhadeev ◽  
A. Golovina ◽  
A. Kashirkina ◽  
E. Kienko ◽  
...  

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.


2019 ◽  
Vol 77 ◽  
pp. 101-118
Author(s):  
Maciej Piotrowski

The purpose of this article is to present the provisions of the draft Act of 10 July 2017 on space activities and the National Register of Space Objects, adopted by the Ministry of Development and Finance, in the context of solutions adopted in selected European countries and in international public law in the era of the development of the space sector (New Space). The main research hypothesis is the question whether the proposed legal regulation constitutes a solution meeting the challenges of the 21st century. The proposed regulations have been analysed in detail in terms of the rules of licensing of space activities, the registration of space objects and liability for damage inflicted by them, as well as in terms of third party insurance with reference to solutions adopted in France, Finland and Holland and the international standard. The formaldoctrinal method and the comparative law method have been applied in the analysis. The conclusion contains the assessment of the Polish space law provisions under analysis, which have been found to be in principle correct and relatively coherent. It has been stressed that, in general, the assumptions of the Polish draft act comply with the international law standard and the legal regulations of selected European countries. Nevertheless, the absence of regulations concerning, for example, the issue of suborbital space flights or space mining, and insufficient regulations concerning the protection of space environment (space debris) have been evaluated critically. A thesis is presented in the conclusion whereby, despite the deficiencies noted, the Polish draft space law is a real answer of the lawmaker to the challenges involved in the development of the space market and is a regulation appropriate for the 21st century.


Author(s):  
Alexander Vladimirovich Khodykin ◽  

Based on a review of major scientific papers, the author describes the most discussed social and humanitarian aspects of Outer Space exploration. The author analyzes the following aspects of Outer Space activities: Outer Space exploration as a resource for solving social, economic, environmental and other global problems of mankind; the emergence and formation of Outer Space anthropology; the national dimension of Outer Space exploration; problems of legal regulation and international relations in the field of Outer Space exploration; the formation of the Outer Space economy.


2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.


2021 ◽  
Vol 6 (7) ◽  
pp. e006140
Author(s):  
Zakaria Belrhiti ◽  
Sara Van Belle ◽  
Bart Criel

BackgroundIn Morocco’s health systems, reforms were accompanied by increased tensions among doctors, nurses and health managers, poor interprofessional collaboration and counterproductive power struggles. However, little attention has focused on the processes underlying these interprofessional conflicts and their nature. Here, we explored the perspective of health workers and managers in four Moroccan hospitals.MethodsWe adopted a multiple embedded case study design and conducted 68 interviews, 8 focus group discussions and 11 group discussions with doctors, nurses, administrators and health managers at different organisational levels. We analysed what health workers (doctors and nurses) and health managers said about their sources of power, perceived roles and relationships with other healthcare professions. For our iterative qualitative data analysis, we coded all data sources using NVivo V.11 software and carried out thematic analysis using the concepts of ‘negotiated order’ and the four worldviews. For context, we used historical analysis to trace the development of medical and nursing professions during the colonial and postcolonial eras in Morocco.ResultsOur findings highlight professional hierarchies that counterbalance the power of formal hierarchies. Interprofessional interactions in Moroccan hospitals are marked by conflicts, power struggles and daily negotiated orders that may not serve the best interests of patients. The results confirm the dominance of medical specialists occupying the top of the professional hierarchy pyramid, as perceived at all levels in the four hospitals. In addition, health managers, lacking institutional backing, resources and decision spaces, often must rely on soft power when dealing with health workers to ensure smooth collaboration in care.ConclusionThe stratified order of care professions creates hierarchical professional boundaries in Moroccan hospitals, leading to partitioning of care and poor interprofessional collaboration. More attention should be placed on empowering health workers in delivering quality care by ensuring smooth interprofessional collaboration.


2021 ◽  
pp. 016344372199453
Author(s):  
Antonios Vlassis

The article proposes to consider the COVID-19 global pandemic as new major development for cultural industries and policies and to highlight timely and crucial trends due to the lockdown measures. Thus, it attempts to stimulate the scholarship debate regarding the consequences of the pandemic to the action of global online platforms, as well as to policy and economic aspects of cultural sectors. Taking as case study the audio-visual sector, the article explores whether the US global streaming platforms are the winning players of the lockdown measures and emphasizes the multifaceted strategies developed by US-based platforms in order to strengthen their soft power. Focusing on China and the European Union, the article also argues that the overwhelming action of US-based online platforms triggers the potential emergence of media platform regionalization in the context of COVID-19 pandemic. Finally, it highlights the regulatory challenges and how the new empirical trends are expected to shape the current audio-visual policy framework. The analysis focuses on the period between the beginning of global pandemic in Asia-Pacific in January 2020 and the progressive easing of lockdown measures in North America, Europe and Asia-Pacific in July 2020.


Author(s):  
Athar ud din

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.


2021 ◽  
pp. 171-186
Author(s):  
Mariusz Tomasz Kłoda ◽  
Katarzyna Malinowska ◽  
Bartosz Malinowski ◽  
Małgorzata Polkowska

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.


2021 ◽  
Vol 13 (04) ◽  
pp. 5-18
Author(s):  
Zahid Shahab AHMED ◽  
Ahsan HANIF ◽  
Baogang HE

This article conducts a case study of China’s influence on Pakistan by collecting and analysing news coverage from two prominent English and Urdu newspapers in Pakistan for a five-year period between 2013 and 2018. It compares the changes in newspaper reporting before and after the launch of the China–Pakistan Economic Corridor (CPEC) in 2015. Analysis has shown a significant increase in positive reporting on the CPEC and China. The case of Pakistan is representative of its recognition of China’s soft power in a developing country, thus offering a new perspective on China’s goodwill vis-à-vis the Belt and Road Initiative.


Author(s):  
A. I. Antonov

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space


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