Recent Developments In Space Law

This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.

The contributions in this book reflect on the growing diversification of space law and is divided in two parts. The first part provides a look at the current developments in international space law and regulation and the second part investigates future perspectives of this process. It is only recently that international space law entered its third phase of development. While the first phase, between the 1960s and 1970s, was characterized by the elaboration of international conventions in the framework of the United Nations, the second phase saw the adoption of special legal regimes in the form of UN General Assembly Resolutions which were dealing with issues like direct broadcasting by satellites (DBS), remote sensing (RS) and the use of nuclear power sources (NPS) in outer space. The third and current phase received its impetus from the growing commercialization of space activities and their emerging privatization. Therefore the main characteristics of this period relate to the efforts of adapting international space law to these recent changes and of finding ways and means to reconcile State interests with commercial perspectives. This book forms a welcome addition to any collection in the field of space law and is a refreshing contribution to the discussion in the field.

The relevance and substance of space law as a branch of public international law continues to expand. The fourth edition of this long-time classic in the field of space law has been substantially rewritten to reflect new developments in space law and technology of the past ten years. This updated text includes new or expanded material on the proliferation of non-state and commercial entities as space actors, the appearance of innovations in space technology, the evolving international law of satellite telecommunications in a networked world, and the adoption of national laws and international soft law mechanisms that complement the international treaty regime. In this up-to-date overview of space law, the authors offer a clear analysis of the legal challenges that play a role in new and traditional areas of space activity, including the following: - the peaceful uses of outer space; - protection of the space environment; - the emergence of new legal mechanisms in space law; - the role of Europe in space; - telecommunications; - the commercial use of space resources; - human space flight; - small satellites; - remote sensing; and - global navigation satellite systems. Additionally, the five United Nations Treaties on space are included as Annexes for easy reference by students and professionals alike. In light of the many new developments in the field, this thoroughly updated Introduction to Space Law provides a clear overview of the legal aspects of a wide array of current and emerging space activities. Lawyers, policy-makers, diplomats, students, and professionals in the telecommunication and aerospace sectors, with or without a legal background, will find concise yet comprehensive guidance in this book that will help them understand and address legal issues in the ever-changing field of space activities. The authors are close former collaborators of the late pioneers of space law and authors of the earlier editions of this volume, Isabella Diederiks-Verschoor and Vladimír Kopal.

As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.

The increasingly commercial nature of space activities and the intent of States to expand space travel have spawned renewed attempts of changing the foundations of space law, most of which originated in the twentieth century. Understanding the principles of international space law is essential for ensuring a sustainable future for all in outer space. International Space Law in the New Space Era addresses the international legal and regulatory aspects of outer space that govern developments in the field worldwide. It covers the five United Nations' space treaties along with soft law and other policies. With contributions from established experts in the domain of space law, the volume encompasses the entire gamut of international space law while simultaneously addressing inadequacies that have arisen in light of current developments such as space commercialization, space tourism, and space mining. Space law as an academic discipline is gaining prominence in law schools across the globe and this book is the result of a joint endeavour of two prominent Indian law universities (NUJS, Kolkata & MNLU, Mumbai), which have specialized centres in air and space laws. With its balanced mix of theory and practice, this book provides a timely and accessible resource to understanding international law not only for students and academics, but also for policymakers, practitioners, and those working in the space industry.

This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University

International Space Law and the United Nations is a comprehensive collection of writings by the author on this latest branch of international law. The book covers a number of subjects highlighted by discussions of the United Nations Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee. The book also takes into account the influences that international organizations have had on the development of space law and includes several perspectives of developing countries on this subject. This publication is an outstanding educational and reference tool, as the author tackles this complex subject in an organized and rational manner. The author, a key participant at the United Nations in the development of international law relating to activities in space, traces the history of that development, giving clear insight into the workings of the Committee on the Peaceful Uses of Outer Space, and establishes space law as a distinct legal discipline. Subsequent chapters are devoted to the various issues that have given rise to the growth of this discipline, including arms control; economic and social development; specific provisions contained in the outer space treaties and how they relate to practical matters, such as dispute resolution; private sector growth and commercialization in space activities; international cooperative programmes, particularly those developed under the auspices of the United Nations, and recent developments and future issues facing the space-faring community. The book is an excellent source for further research in the field of space law. It is a must for students and practitioners and those interested in international organizations.

The United Nations currently has five effective international space treaties, namely the Outer Space Treaty of 1967, Space Rescue Agreement of 1968, Space Liability Convention of 1972, Space Registration Convention of 1975, and Moon Agreement of 1979. However, with recent competition and movements to mine and exploit natural resources from such entities as the moon, asteroids, etc., these outdated treaties no longer address current advancements. It is imperative that new research is undertaken to urge and progress new space laws and policies that strengthen international cooperation and joint undertakings into the exploitation of natural resources from outer space. Global Issues Surrounding Outer Space Law and Policy grants a general understanding for the current issues and methods of solution in the field of outer space law and policy in the global society. It suggests a revision of the five international space treaties and presents a new International Space Agency (ISA) that would use international cooperation and an International Court of Air and Space Law to promote the speed of work and fairness in trials of air and space law cases. Additionally, solutions for the cooperation of the global community towards joint undertakings and exploitation of natural resources in celestial bodies is explored. This book is ideal for lawyers, professors, government officials, space agencies, academicians, researchers, students, and anyone looking to understand the complicated problems and methods of solution in international space law and policy.

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.