The Law and Policy of Air Space and Outer Space


Book Description

This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.




Outer Space Law


Book Description

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.




State Accountability for Space Debris


Book Description

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.




The Law of Outer Space


Book Description

It is a remarkable achievement to write a book that almost four decades after its publication has lost virtually none of its relevance. Manfred Lachs’ famous treatise on the Law of Outer Space was originally published in 1972, yet it is still a classic and must-read text for space law students today, even though copies can nowadays be rarely found. The reissue of this remarkable work is therefore timely indeed. Its aim is to make the brilliance, foresight and clarity of Lachs’ thinking once more easily accessible to a new generation of scholars. Issued on the occasion of the 50th anniversary of the International Institute of Space Law, of which Lachs was President, this volume reproduces the original text of Lachs' work in full, with a new preface, introduction and index supplied by the editors.




Launching Space Objects: Issues of Liability and Future Prospects


Book Description

Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.




Space Law


Book Description

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.







Orbital Debris


Book Description

Since the beginning of space flight, the collision hazard in Earth orbit has increased as the number of artificial objects orbiting the Earth has grown. Spacecraft performing communications, navigation, scientific, and other missions now share Earth orbit with spent rocket bodies, nonfunctional spacecraft, fragments from spacecraft breakups, and other debris created as a byproduct of space operations. Orbital Debris examines the methods we can use to characterize orbital debris, estimates the magnitude of the debris population, and assesses the hazard that this population poses to spacecraft. Potential methods to protect spacecraft are explored. The report also takes a close look at the projected future growth in the debris population and evaluates approaches to reducing that growth. Orbital Debris offers clear recommendations for targeted research on the debris population, for methods to improve the protection of spacecraft, on methods to reduce the creation of debris in the future, and much more.




Outer Space and Legal Liability


Book Description




Law and Regulation of Commercial Mining of Minerals in Outer Space


Book Description

This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.