[PDF] The Space Law Stalemate eBook

Author : Anja Nakarada Pečujlić
Publisher : Taylor & Francis
Page : 238 pages
File Size : 24,86 MB
Release : 2023-03-21
Category : Law
ISBN : 1000830217

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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.

Author :
Publisher : KW Publishers Pvt Ltd
Page : 221 pages
File Size : 38,64 MB
Release : 2013-10-15
Category :
ISBN : 9385714635

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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.

Author : R. Venkata Rao
Publisher : Springer
Page : 163 pages
File Size : 19,60 MB
Release : 2017-10-15
Category : Law
ISBN : 9811049262

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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.

Author : Tanja Masson-Zwaan
Publisher : Kluwer Law International B.V.
Page : 248 pages
File Size : 29,87 MB
Release : 2019-01-16
Category : Law
ISBN : 9041160612

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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.

Author : Francis Lyall
Publisher : Taylor & Francis
Page : 532 pages
File Size : 28,59 MB
Release : 2024-07-19
Category : Law
ISBN : 104009208X

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As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.

Author : Francis Lyall
Publisher : Routledge
Page : 590 pages
File Size : 39,93 MB
Release : 2017-12-14
Category : Law
ISBN : 1317051939

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Francis Lyall and Paul B. Larsen have been involved in teaching and researching space law for over 50 years. This new edition of their well-received text gathers together their knowledge and experience in readable form, and covers developments in all space applications, including space tourism, telecommunications, the ITU and finance. With an extensive citation of the literature, the discussion provides an excellent source for both students and practitioners.

Author : Gérardine Meishan Goh
Publisher : Martinus Nijhoff Publishers
Page : 425 pages
File Size : 25,17 MB
Release : 2007
Category : Law
ISBN : 9004155457

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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.

Author : Francis Lyall
Publisher : Routledge
Page : 614 pages
File Size : 42,4 MB
Release : 2016-04-01
Category : Law
ISBN : 1317051963

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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.

Author : Cassandra Steer
Publisher : Oxford University Press, USA
Page : 335 pages
File Size : 38,38 MB
Release : 2021-01-11
Category : Law
ISBN : 0197548687

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"Historically, strategic restraint was the dominant approach among nations active in outer space, all of whom understood that continued access to and use of space required holding back on threats or activities which might jeopardize the status quo of peace in space. However, recently there has been a discernible shift in international rhetoric towards a more offensive approach to defense in space. The U.S. move towards establishing a "Space Force" has been echoed by similar announcements in France and Japan. India launched an anti-satellite weapon test and announced proudly that it thereby joined the elite group of China, Russia and the U.S., who have all demonstrated this capability in the past. And as technologies in space advance, along with our terrestrial dependence on space-based systems for our peaceful civilian lives and for support of terrestrial warfare, the political stability of this vulnerable environment comes under threat. These factors, combined with a lack of transparency about actual capabilities and intentions on the part of all major players in space, creates a cyclical escalation which has led some commentators to describe this as a return to a Cold War-type arms race, and to the foreseeability of a space-based conflict. Due to many unique characteristics of the space domain, an armed conflict in space would be catastrophic for all players, including neutral States, commercial actors, and international civil society. Due to the specificity of the space domain, specialized expertise must be provided to decision-makers, and interdisciplinary opinions must be sought from a multitude of stakeholders. To that end, this volume provides a wide spectrum of perspectives from experts who have engaged together at a conference hosted by the Center for Ethics in the Rule of Law to discuss these issues. Ethical, legal and policy solutions are offered here by those with experience in the space sector, including academia, legal practitioners, military lawyers and operators, diplomats and policy advisors"--