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Defining the Limits of Outer Space for Regulatory Purposes

Author: Olavo de Oliviera Bittencourt Neto

Publisher:

Published: 2015

Total Pages:

ISBN-13: 9783319166865

With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international Law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

Defining the Limits of Outer Space for Regulatory Purposes

Author: Olavo de Oliviera Bittencourt Neto

Publisher: Springer

Published: 2015-06-01

Total Pages: 0

ISBN-13: 9783319166841

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With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

Defining the Limits of Outer Space for Regulatory Purposes

Author: Olavo de Oliviera Bittencourt Neto

Publisher: Springer

Published: 2015-05-14

Total Pages: 121

ISBN-13: 3319166859

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With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

International Space Law

Author: United Nations

Publisher:

Published: 2018

Total Pages: 118

ISBN-13:

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The International Space Law: United Nations Instruments as it represents the most comprehensive and up-to-date volume of instruments that have been developed, promoted and strengthened under the auspices of the United Nations. These instruments constitute the principal body of international space law and will continue to provide, further into the twenty-first century, an effective framework for the expanding and increasingly complex tasks aimed at the exploration and use of outer space for peaceful purposes. May they continue to support humankind's space activities throughout the years to come.

Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom

Author: Adam Thierer

Publisher: Mercatus Center at George Mason University

Published: 2016-03-15

Total Pages: 236

ISBN-13: 1942951248

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Will innovators be forced to seek the blessing of public officials before they develop and deploy new devices and services, or will they be generally left free to experiment with new technologies and business models? In this book, Adam Thierer argues that if the former disposition, “the precautionary principle,” trumps the latter, “permissionless innovation,” the result will be fewer services, lower-quality goods, higher prices, diminished economic growth, and a decline in the overall standard of living. When public policy is shaped by “precautionary principle” reasoning, it poses a serious threat to technological progress, economic entrepreneurialism, and long-run prosperity. By contrast, permissionless innovation has fueled the success of the Internet and much of the modern tech economy in recent years, and it is set to power the next great industrial revolution—if we let it.

Global Space Governance: An International Study

Author: Ram S. Jakhu

Publisher: Springer

Published: 2017-09-12

Total Pages: 784

ISBN-13: 3319543644

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This book is based on the findings, conclusions and recommendations of the Global Space Governance study commissioned by the 2014 Montreal Declaration that called upon civil society, academics, governments, the private sector, and other stakeholders to undertake an international interdisciplinary study. The study took three years to complete. It examines the drivers of space regulations and standards, key regulatory problems, and especially addresses possible improvements in global space governance. The world's leading experts led the drafting of chapters, with input from academics and knowledgeable professionals in the public and private sectors, intergovernmental organizations, and nongovernmental organizations from all the regions of the world with over 80 total participants. This book and areas identified for priority action are to be presented to the UN Committee on the Peaceful Uses of Outer Space and it is hoped will be considered directly or indirectly at the UNISPACE+50 event in Vienna, Austria, in 2018. The report, a collective work of all the contributors, includes objective analysis and frank statements expressed without pressure of political, national, and occupational concerns or interest. It is peer-reviewed and carefully edited to ensure its accuracy, preciseness, and readability. It is expected that the study and derivative recommendations will form the basis for deliberations and decisions at international conferences and meetings around the world on the theme of global space governance. This will hopefully include future discussion at the UN Committee on the Peaceful Uses of Outer Space.

National Regulation of Space Activities

Author: Ram S. Jakhu

Publisher: Springer Science & Business Media

Published: 2010-07-23

Total Pages: 511

ISBN-13: 9048190088

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The legal regime of outer space, as enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (General Assembly Resolution 1962 (XVIII), adopted in 1963, and in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, while prohibiting the appropriation of space by any means, envisages exploration for the bene?t and in the interest of all countries on a basis of equality and in accordance with international law. Freedom of scienti?c investigation is also contemplated. Elaborating on these instruments, the Assembly in 1996 adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space (RES 51/122), in which it called for heightened international co-operation, with part- ular attention to be given to the bene?t for and the interests of developing countries and countries with nascent space programmes. Thus, it is self-evident that the outer space regime, including the 1972 Liability Convention, envisages the conduct of national activities “for the bene?t and in the interests of all countries, irrespective of their degree of economic or scienti?c dev- opment”. In this regard, Article 6 of the 1967 Treaty not only provides for national activities in outer space, but for international responsibility whether such activities are carried out by governmental agencies or non-governmental entities, and aims at ensuring that national activities are conducted in conformity with the Treaty.

How High the Sky?

Author: Thomas Gangale

Publisher: BRILL

Published: 2018-12-03

Total Pages: 667

ISBN-13: 9004366024

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In How High the Sky?, Thomas Gangale explores the oldest and most intractable controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin?

Introduction to Space Law

Author: Tanja Masson-Zwaan

Publisher: Kluwer Law International B.V.

Published: 2019-01-16

Total Pages: 248

ISBN-13: 9041160612

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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.

Regulating a Revolution

Author: Neta Palkovitz

Publisher: Kluwer Law International B.V.

Published: 2019-11-22

Total Pages: 197

ISBN-13: 9403518146

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In recent years, small satellites have taken the space industry by storm. Their short development times, low cost, significant miniaturisation, standardisation and commercial availability have truly revolutionised the space industry. They make space accessible to non-professionals and on an individual level. This book is the first to explore the status of small satellites vis-à-vis international space law, examining which provisions are applicable and what kind of legal issues the traditional definitions pose when considering novel small satellites activities. The author sheds clear light on current regulatory challenges raised by the commercial and research activities of small satellites as well as by governmental and military applications. She covers the legal implications in such aspects of the small satellites revolution as the following: liability for damage caused or suffered by small satellites; State responsibility for non-governmental space activities employing small satellites; registration of space objects; launch practices; online availability of components and launch slots; the connection between small satellites and space debris; the role of space insurance; and legal challenges posed by large constellations of small satellites. In the course of the description and analysis, the author provides case studies showing how these challenges can be dealt with, offers deeply informed insights on emerging trends and future developments and indicates which jurisdictions may be most favourable to small satellite activities. The small satellites market is booming, and both States and industry are in need of guidance relating to the regulatory situation. Accordingly, this book will help stakeholders in the industry – universities, business entities and individuals, as well as non-commercial entities engaged in small satellites operations – understand what kind of regulatory challenges exist and what should be done in order to solve these challenges in the future.