Space Technology Export Controls And International Cooperation In Outer Space

Export controls definitively impact international cooperation in outer space. Civil and commercial space actors that engage in international endeavors must comply with space technology export controls. In the general discourse, members of the civil and commercial space community have an understanding of their domestic export control regime. However, a careful reading of the literature on space technology export controls reveals that certain questions relevant to international engagements have not been identified or answered. What is the legal-political origin of space technology export controls? How do they relate to the current international legal structure? What steps can be taken to evolve our current unilateral paradigm of space technology within the context of peaceful exploration and use of outer space? In this book, these and other relevant questions on space technology export controls are identified and assessed through an insightful case-study of the U.S. commercial communication export control regime. The findings of this case-study are used in an international legal-political analysis of international space law, public international law, and international cooperation. Breaking new ground in international legal theory, a self-justified security dilemma that is manifest in international law is identified and explained as the origin for the current paradigm of space technology export controls.

"NASA develops sophisticated technologies and shares them with its international partners and others. U.S. export control regulations require NASA to identify and protect its sensitive technology; NASA delegates implementation of export controls to its 10 research and space centers. Recent allegations of export control violations at two NASA centers have raised questions about NASA's ability to protect its sensitive technologies. GAO was asked to review NASA's export control program. This report assessed (1) NASA's export control policies and how centers implement them, and (2) the extent to which NASA Headquarters and CEAs apply oversight of center compliance with its export control policies. To do this, GAO reviewed export control laws and regulations, NASA export control policies, and State and Commerce export control compliance guidance. GAO also reviewed NASA information on foreign national visits and technical papers and interviewed officials from NASA and its 10 centers as well as from other agencies. In April 2014, GAO recommended that the NASA Administrator establish guidance to better define the CEA function, establish time frames to implement foreign national access corrective actions and assess results, and establish a more risk-based approach to oversight, among other actions. NASA concurred with all of our recommendations and provided information on actions taken or planned to address them."--Highlights.

ITAR, which controls defense trade, includes the U.S. Munitions List (USML) which specifies categories of defense articles and services covered by the regulations. In 1999, space satellites were added to the USML. In 2002 ITAR was amended to exclude U.S. universities from having to obtain ITAR licenses when performing fundamental research involving foreign countries and/or persons. Despite this provision, there remains considerable uncertainty among university researchers about whether the regulations apply to their research leading to a rather conservative interpretation of the regulations and the imposition of burdens that might not be necessary. To explore this concern, NASA asked the NRC to organize a workshop of all stakeholders on the implications of ITAR for space science. This book presents a summary of the workshop discussions including those on perspectives on recent developments and implementation of ITAR; overarching issues; problems arising from ITAR's implementation; and opportunities for near-term actions and improvements.

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.

The Nuclear Scholars Initiative is a signature program run by the Project on Nuclear Issues (PONI) at the Center for Strategic and International Studies (CSIS)—to engage emerging nuclear experts in thoughtful and informed debate over how to best address the nuclear community’s most pressing problems. The papers included in this volume comprise research from participants in the 2020 Nuclear Scholars Initiative. These papers explore a variety of topics such as the future of arms-control treaties, the role of artificial intelligence and cyber resilience in nuclear security, and the role of regional dynamics in nuclear security.

Small Satellites – Regulatory Challenges and Chances edited by Irmgard Marboe addresses the booming phenomenon of small satellites. It shows the importance of existing rules and regulations to ensure the safe and responsible use of outer space by universities, start-ups and governments.