Studies in Space Law

The creation of the U.S. Space Force triggered an outpouring of responses ranging from ridicule and derision, to applause and relief, to fear and concern. It also raised questions about the future of conflict in outer space. Through an exploration of the legal context of military space activities, the history of American military space policy, and Great Power space interactions during and after the Cold War, The United States Space Force and the Future of American Space Policy ultimately concludes that the U.S. Space Force is a natural outgrowth of American space policy, but is no more likely to threaten space security than previous activity in the space domain.

Winner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award

Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.

The Geostationary Ring: Practice and Law addresses numerous physical aspects of this highly sought-after orbit which serves as the backbone for international satellite communications and analyses the evolution of its use, coordination and related disputes along with sovereignty claims over segments of the Geostationary Orbit.

The author, Martha Mejía-Kaiser, discusses the increasing population of this orbital region with operational spacecraft, its pollution with man-made space debris, and the upcoming active space removal by external systems. Based on empirical data, the author analyses in unprecedented detail a measurable State practice in the efforts of keeping this orbital region operational, and addresses key legal questions with regard to the benefit and interests of all nations, equitable access and its economic and rationale use.

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The Japanese version of this text received the Riese Award from the Air Law Institute of Japan.

What kind of document should be created to solve the problem of space activities? This book uses case studies to illustrate how normative approaches in space law differ from those in other fields, delving into the history of norms and treaties in space law, contemporary issues concerning space activities, and issues surrounding debris removal and mitigation. Its analytical approach will be useful for readers who study how the basic theory of public international law can apply to new frontiers in space law.

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.

Small Satellites – Regulatory Challenges and Chances edited by Irmgard Marboe addresses the booming phenomenon of small satellites. The rapid innovation of technology has made it possible to develop, launch and operate small satellites at rather low costs. Universities, start-ups and also governments see the chance to access outer space more easily and inexpensively. Yet, the importance to comply with existing rules and regulations that are in place to ensure that outer space is used and explored in a safe and responsible manner is sometimes overlooked. The book addresses this challenge and shows how it can be met. The contributors are renowned academics and practicioners from many different countries that share their experiences and insights and suggest practical solutions.

China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.

The Transformation of Intergovernmental Satellite Organisations: Policy and Legal Perspectives offers a multifaceted analysis of the complex policy and legal issues associated with the privatisation or restructuring of the world’s preeminent intergovernmental satellite organisations, INTELSAT, INMARSAT and EUTELSAT. Maury Mechanick, Christian Roisse, and David Sagar, each of whom were directly involved in these undertakings, provide a unique perspective on the critical issues involved, while Frans von der Dunk and Patricia McCormick offer a broader contextual assessment of their significance. The contributors’ insights regarding the restructuring of these satellite organisations and the intergovernmental organisations which oversee public services represent valuable reflections on those developments, as well as on changes occurring following privatisation regarding those entities’ ownership profiles and service provisions.

The UNIDROIT Convention on International Interests in Mobile Equipment created a new international regime of secured finance applicable to aircraft and rolling stock that facilitates the financing of this equipment by, among other things, enabling lenders to create a readily enforceable security interest in the equipment. The Space Assets Protocol extends the benefits of the convention to satellites and other space assets. This book explains the operation of the convention in a manner that is useful both to lawyers engaged in satellite finance as well as to academics who desire to obtain a more complete understanding of this treaty. The book also explores the relationship between the convention and the existing body of space law.

Satellite technologies are rapidly improving, offering increased opportunities for monitoring laws, and using images as evidence in court. Evidence from Earth Observation Satellites analyses whether data from satellite technologies can be a legally reliable, effective evidential tool in contemporary legal systems. This unique interdisciplinary volume brings together leading experts from academia, government, international institutions, industry and judiciary to consider many emerging issues surrounding the use of these technologies in legal strategies. Issues examined include the opportunities arising from technological developments, existing regulatory applications and operational experiences, and admissibility in courts and tools for ensuring the integrity of evidence. It also examines privacy impacts under existing legislation and provides a new conceptual framework for debating the acceptability of such surveillance methods.

The increasing involvement of private enterprise in the conduct of space activities raises key issues with respect to international space law which has left it to national law to implement relevant rules vis-à-vis private enterprise. Almost unavoidably, such national implementation regimes differ largely across individual states. This is also true in Europe, where the issue is further compounded by the fundamental – but fundamentally different – roles of ESA and the European Union. Focusing on Europe, the present book thus represents the first comprehensive effort to discuss national authorisation schemes not country by country but theme by theme, so as to allow for a real comparison of the lack of harmonisation or even coordination, and the possible problems which may result.

The applications and uses of satellite remote sensing have burgeoned during the last decade and the associated legal aspects of satellite remote sensing have become increasingly important, however, the legal regime in this area is surprisingly inadequate. The research undertaken for this book provides, for the first time in one place, an examination of the existing regime and highlights shortcomings with regard to liability, data policy and data integrity before proposing improvements needed for the full beneficial exploitation of remotely sensed data, particularly in support of disaster management and the protection of the environment.

The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies.
The exploitation of lunar and other celestial bodies’ resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.

While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development

The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy.
International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.

Currently, perhaps the most complicated and challenging undertaking in outer space is the building of the International Space Station, the ISS. The recent decision to use the ISS also as a facility for pre-commercial research and development in a microgravity environment, inviting commercial enterprise on board, only enhanced such complications and challenges. As a consequence, the major question arises to what extent these are held in check by a sound and effective legal and regulatory regime, e.g. pertaining to criminal liability or intellectual property rights. The present book offers the first overview of applicable law and regulation which is not merely superficial, as well as some directions for future legislative and regulatory developments, written by a number of highly reputed experts in space law. The analysis, finally, is with a clear focus on the European situation in view of the particularities which increasing ESA and EU involvement in space activities bring with them.