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"SPACE LAW"
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Legal framework and basis for the establishment of space cooperation in Asia
\"This study aims to discuss the legal opportunities for establishing an institutionalized framework of space cooperation in Asia. There are two main steps to be undertaken in order to achieve the goal of the present study: in the first step, the national space regulations of the main Asian space countries are to be compared and analyzed, and the \"model provisions\" for promoting the cooperation of these Asian space countries are to be proposed by applying international standards. In the second step, legal measures to improve the cooperation activity of APSCO are proposed by way of comparison to the legal framework of ESA as well as analyzing the situation regarding the development of Asian space activities. Meanwhile, relevant legal measures for coordinating the programs of APSCO and APRSAF are proposed.\"-- Back cover.
Book
THE ARTEMIS ACCORDS: EVOLUTION OR REVOLUTION IN INTERNATIONAL SPACE LAW?
Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.
Journal Article
Military Space Operations Versus Sustainable Development. Legal and Institutional Challenges
Militarization has been present in outer space since the start of its exploration and use. However, in recent years, it has clearly gained importance and become an undeniable necessity of our times. This involves launching government military missions and using satellite technology owned by governments or private entities for military purposes. This situation creates challenges that are not only political, but also legal, and institutional: Who should govern military space operations, and how? How the law and institutions manage military space operations may affect sustainable development goals, i.e., reconciling the needs of the present with those of future generations. This is due to the fundamental independence of military missions from the applicable legal framework and the authorities competent to supervise civilian space exploration. In this context, the author mainly refers to the impact that military space activities may have on space debris, i.e., the upstream phase. The issue is not only the threats posed by ASAT tests. It’s also about how “daily” military operations in space are designed, conducted, and managed. The author’s thesis is that the current legal and institutional approach to military missions in outer space does not align with sustainable development requirements. To change this, it is necessary to partially cover military space missions with a legal space regime and coordinate the management of these missions with authorities competent in civil space exploration regarding the application of technical safety standards. The study’s research objective is to provide recommendations for the optimal approach to military space operations that align with sustainability goals from legal and institutional viewpoints. To achieve this objective, the author analyses international and European legislation and conducts case studies of selected national space legislation and strategies.
Journal Article
Pioneers of space law
International space law is less than 50 years old. Although the work on the codification of space law started in the late 1950s, the Outer Space Treaty was only adopted in January 1967. However, much earlier than that, even as early as 1932, the first ideas about legal rules for human activities in outer space were being considered. Very little is known about these early drafts and proposals, and the pioneering work of early scholars in the field remains relatively unknown. This volume seeks to redress this by analysing the biographies and contributions to international space law of eleven such early \"pioneers\", whose ground-breaking and original work helped to develop the field in important ways. The collection starts in the 1930's with the Czech author Vladimir Mandl, and dwells at length on the 1950's, the early time of space flight.
Book
Main Contents and Comment on the Law of the DPR Korea on Space Exploration
Abstract
On 1 April 2013, the Law of the Democratic People's Republic of Korea on Space Exploration was enacted and promulgated by the Supreme People's Assembly. The law is the first national legislation governing national space activities and it forms the basic law in the field of national space exploration. The enactment of this law provides a domestic legal guarantee for national space activities to the advantage of the country's national economy and people's livelihoods in conformity with the requirements of international space-related treaties. The paper provides a summary description and analysis of the national space legislation of the Democratic People's Republic of Korea with an eye to the UN resolutions concerning national space legislation and other countries' national space laws.
Journal Article
Mining for humanity in the deep sea and outer space: The role of small states and international law in the extraterritorial expansion of extraction
This article explores how Luxembourg and Nauru put their sovereignty to use in order to become global players in what can be considered extraterritorial landgrabs – the turning of the deep seabed and outer space into realms of commercial exploitation. It shows how the international legal framework puts states, however small, into a position to facilitate private enterprises’ endeavours to obtain extraterritorial exploitation rights. The article further enquires into the public interest justifications put forward by governments to legitimate their support for the expansion of private resource extraction into the deep sea and outer space. It finds that these justifications are very tenuous; that governments refer to vague notions of economic growth and benefits that may accrue from extraction to an undefined humanity while it remains unclear whether their own populations will obtain any concrete gains. Both case studies illustrate how states, on the basis of international law, facilitate the expansion of private value extraction, thus perverting the redistributive ambitions that may once have motivated the negotiations of the United Nations Convention on the Law of the Sea and the Outer Space Treaty.
Journal Article
National Space Law in China
In National Space Law in China, Yun Zhao examines space laws, regulations and policies in China. As the first English monograph on national space legislation in China, this book shall contribute to the understanding of China's space law regime.
eBook