The Space Treaties At Crossroads

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

On the occasion of the 50th anniversary of the Outer Space Treaty this book gives a first insight into where the next generation considers room for further improvement of the Outer Space Treaty in order to cope with upcoming aspects such as providing solutions for the emerging commercial, economic, environmental and social questions. At the time of the adoption of the Outer Space Treaty in 1967 the purpose of this treaty was to avoid conflicting military situations in space. However, 50 years later the Outer Space Treaty is in demand to meet the ever increasing space activities and the different actors involved such as the rise of the private sector players.

The Outer Space Treaty (OST) was signed on January 27, 1967 as a binding legal instrument. Over the years this treaty has largely ensured responsible conduct of space activities. This book attempts to examine and contextualize the treaty and its relevance in the 21st century while tracing its journey over the last fifty years.

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.

Outer space is subject to a legal framework; there is a set of rules specifically dedicated to outer space and to the activities carried out there. These rules have developed since 1957, the year the first artificial satellite was launched. Major changes have also affected the technology used and the actors involved, as well as the domains concerned by the exploration and use of outer space. Space Law will lay out the progressive densification of the legal framework that is applicable to outer space and the activities that are carried out there. Without claiming to be exhaustive, the aim of this book is to present the main primary sources of space law, its main principles, the diversity of its fields of application and the challenges and issues that the development of space activities inevitably raises.

This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.

This book considers the concept of ‘value’ at the root of our actions and decision-making. Value is an ever-present, yet little interrogated aspect of everyday life. This book explores value as it is theorised, practiced and critiqued from a variety of disciplinary perspectives. It examines how value is operationalized, endorsed and contested in contemporary society. With international insights from leading scholars, chapters offer a diverse and vibrant geographical engagement with value to showcase its conceptual flexibility. The book explores value’s eclectic epistemic foundations; it’s ‘roll-out’ and legitimation across a range of policy fields; and its challenges and opportunities. The book draws on global examples of value in practice: from forest conservation in Indonesia; protected area management in arctic Norway; a state park in the US; certification schemes for biodiversity in the UK; protection of the international night sky; heritage planning in East Taiwan; a re-developed airport site in Norway; a, local food networks in Canada and the UK; a market in the US and urban development in China. The book will be of interest to human geographers, political ecologists, heritage scholars and practitioners, planners and those working in public policy, as well as practitioners and policy makers interested in how valuation processes work.