Space Commercialization and the Development of Space Law

2018 ◽  
Author(s):  
Yun Zhao
Keyword(s):  
Outer Space ◽  
Rapid Development ◽  
Daily Basis ◽  
Commercial Application ◽  
National Space ◽  
Commercial Activities ◽  
Space Law ◽  
Telecommunications Services ◽  
Space Activities ◽  
Soft Laws

Shortly after the launch of the first manmade satellite in 1957, the United Nations (UN) took the lead in formulating international rules governing space activities. The five international conventions (the 1967 Outer Space Treaty, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention, and the 1979 Moon Agreement) within the UN framework constitute the nucleus of space law, which laid a solid legal foundation securing the smooth development of space activities in the next few decades. Outer space was soon found to be a place with abundant opportunities for commercialization. Telecommunications services proved to be the first successful space commercial application, to be followed by remote sensing and global navigation services. In the last decade, the rapid development of space technologies has brought space tourism and space mining to the forefront of space commercialization. With more and more commercial activities taking place on a daily basis from the 1980s, the existing space law faces severe challenges. The five conventions, enacted in a time when space was monopolized by two superpowers, failed to take into account the commercial aspect of space activities. While there is an urgent need for new rules to deal with the ongoing trend of space commercialization, international society faces difficulties in adopting new rules due to diversified concerns over national interests and adjusts the legislative strategies by enacting soft laws. In view of the difficulty in adopting legally binding rules at the international level, states are encouraged to enact their own national space legislation providing sufficient guidance for their domestic space commercial activities. In the foreseeable future, it is expected that the development of soft laws and national space legislation will be the mainstream regulatory activities in the space field, especially for commercial space activities.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

2021 ◽  
pp. 097492842110477
Author(s):  
Athar ud din
Keyword(s):  
International Law ◽  
Outer Space ◽  
National Space ◽  
Commercial Use ◽  
Future Space ◽  
Space Law ◽  
Recent Developments ◽  
Celestial Bodies ◽  
Emerging Powers ◽  
Space Activities

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

Understanding International Space Law and the Liability Mechanism for Commercial Outer Space Activities—Unravelling the Sources

2019 ◽  
Vol 75 (4) ◽  
pp. 555-578
Author(s):  
Biswanath Gupta ◽  
Raju KD
Keyword(s):  
Outer Space ◽  
Commercial Activity ◽  
International Space ◽  
Commercial Activities ◽  
Space Law ◽  
The Status ◽  
Outer Space Treaty ◽  
State Liability ◽  
The Impact ◽  
Space Activities

The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.

scholarly journals Outer Space Law in Retrospect

2018 ◽  
Vol 5 (5) ◽  
pp. 4661-4671
Author(s):  
Tunku Intan Mainura
Keyword(s):  
International Law ◽  
Outer Space ◽  
Analytical Framework ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Space Activities

The purpose of this article is to analyse the literature concerning legal framework for outer space activities by states. Review was conducted on the elements of national space law, including literature critiquing particular strengths or weaknesses of existing laws and literature, on the obligations placed on States under international law and on why writers make particular recommendations as to the content of legislation. The article will summarise the key elements one would anticipate finding in the outer space regulatory framework and which will form the structure of the analytical framework when considering how States implement international space law in practice.

Outer space law

2021 ◽  
Vol 15 (2) ◽  
pp. 17-35
Author(s):  
Boris Krivokapich
Keyword(s):  
Outer Space ◽  
Narrow Sense ◽  
Legal Rules ◽  
National Space ◽  
Space Law ◽  
Scientific Papers ◽  
Space Objects ◽  
Celestial Bodies ◽  
Legal Position ◽  
Space Activities

Given that sudden breakthroughs in conquering the cosmos are expected, some basic questions about the law governing relations in respect to outer space and in it can be expected to be triggered, starting already with the issue how one has to call that law and what is its real content. The first part of the paper deals with the naming of this branch of law and concludes that for the time being the term outer space law is the best and widely accepted. In the second part, the author states that many scientific papers and even official documents, do not define outer space law at all. There are even opinions that the outer space is a phenomenon which cannot be defined at all, suggesting that it is not possible to define a cosmic right either. The author considers that a distinction should be made between national space law of states and international space law (space law in the narrow sense a branch of international law containing legal rules governing relations in respect to the space and in the space, and in particular the regime of that space and celestial bodies it contains, exploration and exploitation of the space, the regime of navigation in the space, the legal position of the astronauts and space objects, international legal liability for damage caused by space activities, etc.). When so is clearly stated, one can also speak of space law in a broad sense, which, in addition to the norms of space law in the narrow sense, would include norms that are part of soft law, agreements and legal customs between states and non-state entities, and even at some point so-called. metalaw (law that may one day govern relations between humanity and creatures of other worlds).

Regulacja górnictwa kosmicznego w polskiej ustawie o działalności kosmicznej

2021 ◽  
pp. 171-186
Author(s):  
Mariusz Tomasz Kłoda ◽  
Katarzyna Malinowska ◽  
Bartosz Malinowski ◽  
Małgorzata Polkowska
Keyword(s):  
Polish Space ◽  
Eu Law ◽  
International Space ◽  
National Space ◽  
Space Activity ◽  
Space Law ◽  
The Usa ◽  
Polish Law ◽  
Space Activities ◽  
Do So

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.

International Liability for Commercial Space Activities and Related Issues of Debris

2020 ◽  
Author(s):  
Elina Morozova ◽  
Alena Laurenava
Keyword(s):  
Space Debris ◽  
Artificial Satellite ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Air Space ◽  
Space Objects ◽  
Outer Space Treaty ◽  
International Liability ◽  
Space Activities

Space activities are technically sophisticated, challenging, and high risk endeavors. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on the Earth, in air space, or in outer space, can be traced back to the very beginning of the space era. In 1963, just few years after the first ever artificial satellite was launched, international liability was declared by the UN General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects, which are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called “launching states,” as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to settle liability issues, including those arising from commercial launches, however, it is not always mandatory. Frequently, space-related accidents involve non-functional space objects and their component parts, which are usually referred to as space debris. This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the non-functional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called “space debris.” This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.

scholarly journals Investment in Space Resources: Property Rights to Natural Resources Extracted in Space and the Position of Iraqi legal system

2019 ◽  
Vol 5 (1) ◽  
pp. 36
Author(s):  
Arez Mohammed Sediq Othman
Keyword(s):  
Natural Resources ◽  
Legal System ◽  
Outer Space ◽  
Rapid Development ◽  
The United States ◽  
Legal Framework ◽  
Space Technology ◽  
Private Companies ◽  
Private Corporations ◽  
Space Activities

In the second half of the last century, the space activities have increased paralleled with the rapid development in space technology. The greed of giant corporations has exceeded the universe and tried to reach resources outside Earth. Exploring other planets is not something new, while racing to reach the resources outside earth by private space exploration companies as human’s off earth destiny is quite recent. Many nations have plan to reach the moon by 2020 including the United States who has plan to establish a permanent base on moon by 2024. The ambition to reach outer space is not just for the scientific purposes, but rather to exploit resources form space. As long as space is a common sphere among all the nations, there are many treaties signed and ratified to lay down broad rules and principle to organize the area. Mining celestial materials is one of the issues that does not have a legal framework as private companies are eagerly trying to mine materials which are not existed on earth such as Helium three or any other bodies that are scarce on earth. Until now, the international community has not been successful in establishing a solid legal system to regulate outer space activities. Besides, there are attempts by some countries to have particular legislation allowing private companies to extract natural resources. However, technological, economic and military powers of countries are the major factors in exercising the activities outside our planet due to the special nature of such activities. This paper argues that despite the difficulties of having a consensus over a legal framework, there are many other issues that need to be taken into consideration. Further, the perspective of the Iraqi legal system is also examined with regard to the possibility of adopting particular law on outer space activities. It also argues that although the lack of advanced technological skills might avoid countries reaching outer space, it will not prevent states from adopting specific legislation to regulate private corporations’ attempt to explore in this field.        

scholarly journals Sapnis par kosmosa bagātībām – vai kosmosa resursu ieguve ir likumīga?

2021 ◽  
Author(s):  
Lūcija Strauta ◽  
Keyword(s):  
United Arab Emirates ◽  
Outer Space ◽  
The United States ◽  
Legal Framework ◽  
The Moon ◽  
Commercial Exploitation ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Celestial Bodies

The paper assesses whether the national legal framework of the United States, Luxembourg and the United Arab Emirates, which stipulates that space resources can be privately owned, and legalizes the acquisition of space resources for commercial purposes, complies with international space law. The article analyses the scope of space use delineated by 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 and 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as the subsequent national practices after the entry into force of these agreements, national space law, national policies and public statements. The aim of the analysis is to determine whether international space law contains a prohibition of the extraction and commercial exploitation of space resources. The study evaluates national comprehensions of the space law content with regard to the freedom to use space. It yields a conclusion that there is no absolute ban on the commercial exploitation of space resources under international space law.

scholarly journals Small Satellites: National Regulatory Challenges

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 190-204
Author(s):  
Asta Tūbaitė-Stalauskienė
Keyword(s):  
Outer Space ◽  
Legal Framework ◽  
Legal Aspects ◽  
Small Satellites ◽  
National Space ◽  
The Republic ◽  
Model Law ◽  
Space Activities ◽  
Debris Mitigation

[full article, abstract in English; abstract in Lithuanian] This article analyses the regulation of space activities, especially small satellites activities. Its purpose is to analyse the relevant international legal framework and discuss the possible future national space legislation in Lithuania. It has been divided into two chapters. Chapter 1 summarises the relevant international space law and addresses essential aspects related to the authorisation of space activities, registration of objects launched into outer space, liability issues, insurance requirements and debris mitigation issues. Chapter 2 deals with reasons to adopt the national space legislation in Lithuania and discusses what legal aspects should be covered by the national law in order to guarantee balance between the regulation and promotion of small satellite activities. Finally, it includes the Model Law on the Promotion of National Space Activities and the Establishment of a National Space Registry of the Republic of Lithuania.

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