The Space Law Stalemate

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.

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.

In the wake of the euphoria consequent to the Soviet space forays and the US landing on the moon, innovative space law evolved rather rapidly in just two decades and then came a stalemate. In this hasty growth of nascent space law, some gaps remained, some inadvertently due to lack of vision and some deliberately, due to lack of consensus or because half-baked concepts remained pending till the achievement of a better understanding of space phenomena or development of supportive technology. These issues have since started jumping to centre-stage and this book falls in this niche of deficiencies. A few challenges and unresolved contingencies that stare us in the face, needing to be addressed suitably, are space jurisprudence in jus cogens of space law, pointers on policy issues for India, hesitancy to incorporate international cooperation in domestic space statutes, futility of reiteration of the Convention Law in International Codes of Conduct as soft law adjuncts, absence of a legal regimen governing mining on asteroids by private enterprises, explication of the concept of Common Heritage of Mankind and modalities for sharing of benefits between nations, procedure for nomination of an astronaut as an envoy of mankind in space by name or designation to avoid confusion in the eventuality of multiple astronauts of multiple nationalities, all being at one place at the same time, et al. This book is a modest effort to help resolve issues in that direction.

Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.

Embark on an enlightening journey through the vast expanse of space law and policy with “Space Environment and International Politics”. Authored by experts in the field, this comprehensive volume explores the intricacies of international space law, from the development of legal frameworks to the challenges posed by space debris and the regulation of space activities. Delving into the space policies of international organizations such as the United Nations, NATO, and the European Space Agency, the book offers invaluable insights into efforts to ensure outer space security and foster sustainable space politics. Examining key issues surrounding space security and warfare, including cyber security threats and the militarization of space, the authors provide a nuanced understanding of the evolving geopolitical dynamics. With its meticulous research, insightful analysis, and balanced discussions, this book is an indispensable resource for policymakers, scholars, and practitioners navigating the complex terrain of international space law and politics. Whether you’re a seasoned professional or an aspiring student, “Space Environment and International Politics” offers a captivating glimpse into the legal, political, and technological dimensions of politics beyond Earth. CONTENTS PREFACE CHAPTER I. INTERNATIONAL LAW AND SPACE ENVIRONMENT THE DEVELOPMENT OF INTERNATIONAL SPACE LAW… Caner Akkaya and Ozan Örmeci LEGAL STATUS OF SPACE DEBRIS. Çağla Arslan Bozkuş and Volkan Bozkuş SPACE NEGOTIATIONS THROUGH THE LENSES OF INTERNATIONAL LAW Öncel Sençerman PEACEFUL AND NON-PEACEFUL USES OF OUTER SPACE IN INTERNATIONAL LAW Tuba Taşlıcalı Koç CHAPTER II. SPACE POLICIES OF THE INTERNATIONAL ORGANIZATIONS UNITED NATIONS’ EFFORTS TO ENSURE OUTER SPACE SECURITY.. Doğan Şafak Polat NATO’s SPACE POLICY in the 2000s. Sibel Kavuncu EVOLUTION OF THE EUROPEAN SPACE AGECY (ESA): REGULATION OF SPACE IN INTERNATIONAL POLITICS. Caner Akkaya and Cenap Çakmak CHAPTER III. STATES AND SUSTAINABLE SPACE POLITICS RUSSIAN FEDERATION’S SPACE SECURITY APPROACH.. Ahmet Sapmaz TüRKIYE’S STUDIES IN THE SPACE FIELD.. Hande Ortay DEVELOPMENT OF SPACE POLICY AND LAW IN TÜRKİYE.. Onur Sabri Durak EXAMINATION OF TÜRKİYE’S SPACE POLICIES WITHIN THE SCOPE OF SUSTAINABILITY Çağlar Özer CHAPTER IV. SPACE SECURITY AND WARFARE CYBER SECURITY IN SPACE.. Serkan Gönen AN ASSESSMENT OF SPACE SECURITY: UNDERSTANDING SPACE THREAT VECTORS AND THEIR IMPACT ON MILITARY ASPECTS AND HUMAN SECURITY UNDER INTERNATIONAL LAW… Nebile Pelin Mantı ASSESSMENT OF EXPANDING SECURITY INTO SPACE AND TRANSFORMING SPACE INTO A NEW WARFIGHTING DOMAIN: OPPORTUNITIES AND THREATS. Murat Pınar and Soyalp Tamçelik MILITARY IMPORTANCE OF SPACE AND SPACE SECURITY.. Fuat İnce SPACE SECURITY PERCEPTIONS OF SPACEFARING NATIONS. Serap Gürsel EMERGING SPACE WARFARE TECHNOLOGIES AND SPACE AS A POSSIBLE THEATER OF WAR.. Serap Gürsel CHAPTER V. SPACE ENVIRONMENT AND INTERNATIONAL POLITICS SPACE SECURITY THROUGH MAIN IR THEORIES. Burak Şakir Şeker POWER BALANCE IN THE SPACE ENVIRONMENT.. Burak Şakir Şeker SPACE AND INTERNATIONAL POLITICS. Mesut Şöhret SPACE DIPLOMACY AS A GLOBAL SECURITY MEASURE IN WEAPONIZATION OF OUTER SPACE.. Tolga Erdem CHAPTER VI. TECHNOLOGICAL INNOVATIONS, SOCIAL LIFE AND SPACE CULTURE NANO AND MICRO SATELLITES AS THE PILLAR OF THE ‘NEW SPACE’ PARADIGM Fuat İnce SATELLITE POLLUTION AROUND THE WORLD.. Hüseyin Çelik CONCEPTS AND MODELS OF DESIGN FOR URBANIZATION OF SPACE.. Ersan Koç IS INTERNATIONAL SOCIETY POSSIBLE IN THE SPACE?. Gökhan Alptekin

Space law is an area of International Law that has developed massively in the last fifty years. Francis Lyall, Emeritus Professor of Public Law at the University of Aberdeen, Scotland, and Paul B. Larsen, Adjunct Professor at Georgetown Law Centre, Washington DC, and formerly lawyer for the Office of the US Secretary of Transportation, have been involved with it since their days at the Institute of Air and Space Law, McGill University, Montreal, in 1963-4 and both teach Space Law at their respective Universities. This book gathers together their experience in readable form, and, with an extensive citation of the literature of space law, its discussion provides an excellent source for both student and practitioners.

The proceedings of the 2014 Reinventing Space conference present a number of questions in the context of a constantly innovating space industry, from addressing the future of global cooperation, investigating the impact of cuts in US government spending on the private space sector, and probing the overall future of the commercial launch sector. Space tourism and new technology promise the revival of interest in space development (the Apollo Era was the first period of intense space activity and growth). The need to create dramatically lower cost, responsive and reliable launch systems and spacecraft has never been more vital. Advances in technology are allowing smaller and cheaper satellites to be orbited - from cubesats to nanosatellites to femtosatellites. Thanks to more efficient new launch possibilities, low cost access to space is becoming ever more achievable. Commercial companies and countries are targeting the industry with new funding. Organised by the British Interplanetary Society, the presentations at this conference thoroughly address these challenges and opportunities.