International Space Law

Asteroid mining has been a focus of a number of studies in the fields of future studies, law economics, as well as geology, and robotics. Legal aspects of space mining have been and still are a topic of many academic debates, as well as proceedings of the UNOOSA. Vagueness and the idea of Common Heritage of Mankind were the main reasons of the rejection of the The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, which provisions included the would to be foundations of a new space exploration and exploitation regime. Although state parties are taking advantage of the “province of mankind”, and intend to use their national regulations as lex specialis, there is a need for a global framework, binding all space mining parties.  This is due to the plurality of models being developed by state parties and space involved NGOs, where one state could base it’s model on XIX century whaling, with “miners-keepers” as a principle, the other on the Great Mining Act model, involving staking claims or otherwise marking exclusivity prior to landing a mining craft. That is why there needs to be an international, intergovernmental or interagency cooperation, in order to make asteroid mining risk and conflict free, as well as maintaining a healthy economic environment in the NewSpace era. This paper focuses on possible models of international framework for mining asteroids, that would be the most reasonable, both for the miners based in developed countries, as well as include the incentive for mining contractors and III and IV tier companies from developing countries.

Traditional international space law attributes the right to exercise jurisdiction over the space object to the State of registry, according to Art. VIII of the Outer Space Treaty (OST). This enables the application of the so-called “quasi-territorial” criminal jurisdiction on board. However, for the first truly multinational space project so far undertaken, the International Space Station (ISS), a different rule was chosen: the active nationality principle, whereby jurisdiction over crimes committed aboard the ISS is conferred to the national State of the alleged offender (Article 22 (1) IGA). In addition, Art. 22 (2) lays down under certain restrictions the passive nationality principle, i.e. jurisdiction according to the nationality of the victim.
The ISS Inter-Governmental Agreement was thus the first legal instrument to establish concrete rules on international criminal jurisdiction in outer space. Coupled with criminal jurisdiction are two additional issues that have also been addressed by the IGA and by its related text, the ISS Crew Code of Conduct (CCOC): extradition, and the commander’s disciplinary authority on board.
In the future, legal challenges arise from mainly two kinds of potentially international space missions: private orbital stations, and interplanetary missions. The present paper explores whether the IGA rules on jurisdiction, extradition and disciplinary authority should apply to each one of these missions. It is submitted that private space endeavors should be better subject to the general rule of criminal jurisdiction of the State of registry, which would be also ultimately competent to establish the disciplinary authority on board. However, since multinational interplanetary missions will be conducted mainly by States, rules more similar to the IGA could apply. Given the highly cooperative character of such missions, the most appropriate solution would be the active nationality principle combined with rules on extradition. The commander’s disciplinary authority could be established through a special agreement of the Partner States.

Since World War I, the accepted principle has been that countries can direct flight over their regions or regional oceans. Apparently, nobody was genuinely worried about satellites and space vessels when the different traditions tending to over flight were drawn. In any case, the space soon gets to be noteworthy. One of the most punctual issues was exactly how far national sovereign power reaches out: when does airspace stop and space start.
The issues surrounding sovereignty over outer space are likely to become ever more critical as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become an important question in the twenty-first century.
This project begins shall constitute an examination of sovereignty and exploitation of resources on earth and in outer space. It provides a good overview of relevant international space law, focusing on provisions of the Outer Space Treaty and the Moon Agreement and other treaties so as to answer the debatable question of sovereignty over outer space.

This chapter offers a detailed analysis of a very fashionable subject: space tourism. Virgin Galactic and other companies have developed prototypes of spacecraft able to navigate in the airspace and outer space for pleasure or recreation. Tourist activities may also include a long-term stay in orbital facilities or parabolic intercontinental flights for transportation. Hence, again it would be useful to establish the level of separation between airspace and outer space for the application of air law and space law to the two phases of the flight, for liability reason (e.g. damage suffered by tourists) or navigation purposes. Air law already contains these cases, the outer space law doesn’t. Another tricky aspect concerns the status of the tourist: should such person be considered an astronaut and subject to the provisions of the Space Treaties?

Focuses on the concept of Space Traffic Management (STM), the matter which has been of high interest for many space actors in the last three decades. With the emergence of the NewSpace era, and flourishment of commercial and economic incentives for space activities, this topic has gained the attention of many space actors in the preceding decades, thus turning into a separate agenda item in the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. However, establishing and implementing such regulations is a challenging task, especially for new space actors. This article aims to assess the existing challenges of STM and provide solutions to overcome them. Firstly, this article provides the necessity of establishing such a regulation: it is evaluated and discussed while describing the requirements for achieving this goal. Secondly, the paper studies definitions provided by governmental and non-governmental entities regarding this concept and the measures taken towards its realising. Finally, the research discusses the challenges that space actors face regarding implementing this concept, both legal and practical. In conclusion, the authors highlight the importance of promoting endeavours and coordination among all current and potential space actors with due considerations for their relevancy.

This article aims at offering a preliminary exploration, from the perspective of the law of the sea and of the protection and preservation of the marine environment of a specific use of a particular ocean area beyond national jurisdiction known as the “space cemetery”. In this area, characterized as devoid of life and of human activity, space faring nations have since the early 1970s de-orbited a diverse array of spent, derelict or otherwise no longer functional space objects, such as satellites or even entire space stations, with the double aim of ensuring the sustainability of space activities by reducing the “space junk” that orbits around Earth, and of addressing the risks that space debris may pose to people or property when falling down back to Earth, and avoiding the corresponding liability. However, these practices may pose a number of questions related to the marine environment. This article then aims at exploring in a preliminary manner the actual or potential environmental consequences of these oceanic re-entries, known as splashdowns, and at assessing, this practice in light of the general principles and specific rules – both substantive and procedural – relevant for the protection and preservation of the marine environment in areas beyond national jurisdiction, as set out in the LOSC Convention, in other relevant Treaties, as well as in customary international law. Relatedly, since the practices in questions may be simultaneously lawful and unlawful, according to which branch of international law the analyst uses as interpretive lens, this article also aims at exploring the terrain of intersection between space law and law of the sea. The aims of this article are however exploratory and as such the article will offer only a preliminary discussion of some of the relevant issues and will raise some questions, rather than assessing comprehensively the applicable law. The article will first discuss the question of the sustainability of space activities, thus presenting the problem as well as the legal framework. The it will discuss in some details one of the available options to address the problems threatening the sustainability of space activities, namely oceanic splashdowns in the so-called “spacecraft cemetery”, as well as the potential negative implications for the marine environment. Finally, it will revisit the practice of splashdowns from the perspective of the law of the sea, in order to explore some of the legal questions that may be raised in connection with the practice of splashdowns, asking specifically whether splashdowns: can be considered a form of pollution under UNCLOS; can be considered a form of dumping under UNCLOS; entail a form of cross-media pollution ex art. 195; trigger obligations of environmental impact assessment, and whether these obligations are met.

The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.

The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.

The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.

Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.

REVIEWS

The expertise contained in this book is impressive, as it comes not exclusively from lawyers and academics, but from insurers, economists and financiers as well -- and yes, space venturers. - Phillip Taylor, Richmond Green Chambers Read more...
The real treasure is its contributors. 'Outer Space Law' is not penned by a single author but represents the contribution of numerous essayists who represent the budding generation of legal and policy minds who will are and will continue to influence the legal environment and canon of outer space. Indeed, it is the introduction of this new crop of legal and policy professionals that is the real cake of 'Outer Space Law' and their insight within the icing. - Michael J. Listner, Space Law and Policy Solutions
This book certainly offers a complete view of the space activities in the present evolving scenario and of the existing international rules governing such activities. - Alfredo Roma, 'Aviation and Space Journal'
At the end of the day, this book has much to offer for experienced and novice space practitioners, scholars and policy analysts. It has sufficient breadth of subject matter and quality of analysis to provide even the most seasoned among us with something novel and interesting to consider.  - Dennis J. Burnett , LMI Advisors, 'Space Policy'
The compilation, however, concentrates on those legal questions on the use of outer space which are increasingly relevant in the more commercial age. Here the consulting editors do not shy away from including authors thinking outside of the box. - Theunis Kotzé B.Iur LLB LLM , Attorney of the High Court of South Africa - South African Yearbook of International Law

For decades, Space has been called the ‘New Frontier’. This tag of novelty has been attached to this area for far too long, and the areas of space exploration and space tourism have not been accorded recognition that is due. For humankind, a foray into space is inevitable – the question that arises then is, are we ready for the inevitable? The authors believe that the need of the hour is a system of laws and regulations that recognizes and addresses the needs of the burgeoning field of space tourism.

Through this research paper, the authors intend to provide a comprehensive overview of the present legal regime as it relates to the field of space tourism, and highlight the need for effective space legislation, which shall help in the blooming of this industry. The paper provides a lucid overview of the status quo, the legal challenges, as well as the solutions to these space tourism issues.