Innovation In Outer Space International And African Legal Perspective

Der Band präsentiert die Ergebnisse zweier Workshops zum "Space and Satellite Communication Law" an der Universität Luxemburg. Neben Fortschritten bei der Erforschung des Weltraums, wurden insbesondere innovative Nutzungsarten des Alls diskutiert – und welche rechtlichen Auswirkungen hieraus entstehen. In Zusammenhang mit der vermehrten Nutzung der Weltraumtechnik, wurden die Innovationsprozesse auf dem afrikanischen Kontinent diskutiert. Der wachsende Bedarf an Weltraumdiensten, mobiler Satellitenkommunikation, Internetzugang, Katastrophenmanagement und Navigation verlangt ebenfalls nach rechtlichen Regelungen.

Progress in exploration and exploitation of outer space is proceeding rapidly, resulting in new space telecommunication services, innovative use of the constellation of satellite and new methods of prolonging the life of those satellites. In response, this book offers an analysis of outer space activities and the resulting legal implications. It offers a dual perspective. Firstly it looks at developments in international law, such as the regulation of non-GEO constellations, on-orbit services and in the field of space mining. Secondly, the book explores the developments on the African continent. Specifically it examines the growing need of space services in the area of mobile communications via satellites, internet access, Earth observations, disaster management, and navigation. This is an important contribution to one of the most exciting and fast moving fields in law today.

The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, and uncertain eco-sustainability. The prolonged legal stalemate cannot be treated simply as an academic question, for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book evaluates the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, and analyzing lessons learned. It makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, and ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.

Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.

This book provides an overview of the space sector in African countries, from a legal and policy point of view, analysing how the African Union's Space Policy and Strategy (ASPS) is implemented and highlighting the various space activities in each country. Against this backdrop, it investigates the ASPS, identifying its policy goals identified and discussing its strategy. Moreover, it explores the on-going regional cooperation programmes, the continent's leading space actors and their roles, and the space-related regional fora and organizations, reflecting on various initiatives, including the African Leadership Conference on Space Science and Technology for Sustainable Development (ALC), the Regional African Satellite Communications Organisation (RASCOM), and the African Resource Management Satellite Constellation (ARMS-C). As such, it is a valuable source of information on space capacities in African countries.

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 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.