Legal Regulation Of Private Actors In Outer Space

The book addresses legal issues and challenges in using Space Technology. Especially covered are the provisions of International Space Law and few national space legislations to regulate private actors in outer space. The key chapters covered are history of space regulations, private actors in space, legal issues for such actors, regulating these issues outside India, and the same in India. In concluding chapter, the author has worked out some recommendations. The book would be of immense use to people especially startups in private space industry; students, faculties and scholars of Space Law and Policy, Space Security, Defence and Security Studies. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka

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.

The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, particularly the strategic benefit of Earth observation from outer space as a national security tool. However, the dual-use potential of many space applications increasingly blurs the distinction between the military and non-military uses of space. In fact, many States have openly declared their willingness to protect their space assets by military means and some have even described outer space as a war-fighting domain. Non-State entities are becoming more and more involved in outer space activities, including the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Private operators have significantly increased activity in the launch of satellites and in 2021 no less than three private space companies (Virgin Galactic, Blue Origin and SpaceX) conducted successful space tourist flights. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people around the world. Consequently, the socio-economic benefits of space technology (in particular satellite technology) have made the development of space programmes an increasing necessity for developing States. Outer space has become a congested environment. The involvement of private actors, specifically, has given rise to a number of legal issues, including questions pertaining to liability, insurance, space debris, human rights and property rights in space. To address these legal uncertainties, the existing chapters in the second edition of Outer Space Law: Legal Policy and Practice have been updated significantly and several new chapters have been added dealing with topical issues including: the regulation of satellite navigation systems, and satellite constellations; the application of human rights in outer space settlements; the exploration and colonisation of outer space; and planetary protection. The second edition of Outer Space Law: Legal Policy and Practice remains aimed at readers looking for a single title to understand the key issues relevant to the space sector, by also emphasising the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and State departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm Fasken, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.

A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.

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.

The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.

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

Space Law: A Case Study for the Practitioner: Implementing a Telecommunications Satellite Business Concept concentrates on the law governing commercial space ventures, commercial telecommunications satellite projects, in particular. The telecommunications satellite industry is by far the most mature of all the commercial space industries with a commensurate body of law governing it, & many of the same types of regulatory processes & private law transactions discussed in this book also pertain to the implementation of other commercial, & even non-commercial & military space ventures. The reader will find a clear description of the necessary legal actions lawyer & client must take to provide for the construction, launching & operation of a privately-owned telecommunications satellite. Both international & national laws & regulations pertaining to space projects are discussed. A step-by-step approach to legal actions has been adopted to help make the book a practical, easy-to-use reference tool. It is designed to assist lawyers in private practice, government attorneys, corporate legal counsel, entrepreneurial executives & teachers & students of space law.