The prominence of space law has grown in recent years as private companies rapidly expand their spaceflight capabilities and open new markets in outer space. With this transition, the space industry has many new opportunities and must also confront increased risks. Well thought-out laws that govern spaceflight activities minimize the risk to people and property in outer space and on the ground. This book examines some of these laws and subsequent court cases.
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.
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.
A memorandum from the President of the United States on December 9, 2020 explains this document: MEMORANDUM FOR THE VICE PRESIDENTTHE SECRETARY OF STATETHE SECRETARY OF DEFENSETHE ATTORNEY GENERALTHE SECRETARY OF THE INTERIORTHE SECRETARY OF COMMERCETHE SECRETARY OF TRANSPORTATIONTHE SECRETARY OF ENERGYTHE SECRETARY OF HOMELAND SECURITYTHE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGETTHE DIRECTOR OF NATIONAL INTELLIGENCETHE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRSTHE ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATIONTHE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICYTHE CHAIRMAN OF THE JOINT CHIEFS OF STAFFSUBJECT: The National Space PolicySection 1. References. This directive supersedes Presidential Policy Directive - 4 (June 29, 2010) and references, promotes, and reemphasizes the following policy directives and memoranda: a) Presidential Policy Directive 26 - National Space Transportation Policy (November 21, 2013)b) Executive Order 13803 - Reviving the National Space Council (June 30, 2017)c) Space Policy Directive 1 - Reinvigorating America's Human Space Exploration Program (December 11, 2017)d) The National Space Strategy (March 23, 2018)e) Space Policy Directive 2 - Streamlining Regulations on Commercial Use of Space (May 24, 2018)f) Space Policy Directive 3 - National Space Traffic Management Policy (June 18, 2018)g) Space Policy Directive 4 - Establishment of the United States Space Force (February 19, 2019)h) National Security Presidential Memorandum 20 - Launch of Spacecraft Containing Space Nuclear Systems (August 20, 2019)i) Executive Order 13906 - Amending Executive Order 13803 - Reviving the National Space Council (February 13, 2020)j) Executive Order 13905 - Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services (February 12, 2020)k) Executive Order 13914 - Encouraging International Support for the Recovery and Use of Space Resources (April 6, 2020)l) Space Policy Directive 5 - Cybersecurity Principles for Space Systems (September 4, 2020)It is, in other words, a vitally important planning documen
This book delves into legal and ethical concerns over the increased weaponization of outer space and the potential for space-based conflict in the very near future. Unique to this collection is the emphasis on questions of ethical conduct and legal standards applicable to military uses of outer space. No other existing publication takes this perspective, nor includes such a range of interdisciplinary expertise. The essays included in this volume explore the moral and legal issues of space security in four sections. Part I provides a general legal framework for the law of war and peace in space. Part II tackles ethical issues. Part III looks at specific threats to space security. Part IV proposes possible legal and diplomatic solutions. With an expert author team from North American and Europe, the volume brings together academics, military lawyers, military space operators, aerospace industry representatives, diplomats, and national security and policy experts. The experience of this team provides a collection unmatched in any academic publication broaching even some of these issues and will be required reading for anyone interested in war and peace in outer space.
It is the eve of outer space development, but few people are aware of this. In the absence of awareness, people cannot prepare for the opportunities that will arise; and so the vast wealth likely to flow to Earth from outer space will cause ever-greater inequality and instability in our already unequal and unstable world. This book is a call to educators to factor equality and diversity into the process of outer space development by creating a widespread movement to teach outer space development studies to all students, especially those who study social and behavioral sciences. In calling for this, the author is also putting out a call to visionary thinkers to increase public awareness that outer space is already in the process of being developed. Her objective is to provide a pedagogical approach aimed at mending the knowledge gap. If we fail in this objective, we are more likely than ever before to witness ever-widening gaps of social and financial inequality. The first question that will arise as we embark on this process, of course, will be: Why outer space development? People often ask where the money will come from to develop outer space. Platinum-group metals such as iridium and osmium, and various other valuable untapped natural resources, have been discovered in abundant quantities and are likely to be mined by companies. The discovery of natural resources has sparked development projects in the past. These historical patterns of human behavior are occurring again today, as companies speed up the process of private spaceship development. A myriad of space laws and policies are already in place to support space commercialization. Recently, the 2010 NASA Authorization Act and various other laws and policies initiated by the US government have placed on the agenda plans to build advanced space transportation systems; to privatize spacecraft development; to create commercial space habitats, space stations, and space settlements; to initiate commercial space mining; to investigate spacecraft trajectory optimization for landing on near-Earth asteroids; to engage in commercial spaceport construction and interstellar-interplanetary-international telecommunications; and to launch space exploration missions to near-Earth asteroids, the Moon, Mars, and Mars’s moons. US initiatives have in the past been mirrored by the international community, and we can expect to see similar patterns arising on a global scale – indeed, as this book will demonstrate, they already are. The global community is experiencing economic recession, natural disasters, lack of opportunity, employment anxiety, failing K-12 programs, widening inequality gaps, uprisings, revolutions, revolts, unmet educational goals, and a general failure to uplift, inspire, and provide meaningful opportunities for significant portions of our population. People need something that will allow them to focus anew their talents, energies, abilities, and gifts, and use this bleak climate as an opportunity for positive change. Outer space development is emerging as an answer to this state of crisis. The question is: To whom will the benefits accrue? Many strategic decisions have already been taken regarding space development of which the global general public is unaware. Once legal rights to space resources are granted, only those with the capital to take advantage of new laws and policies will be in a position to profit from the new space industries. Only those who are in a position to “know” about outer space development will be in position to take advantage of the opportunities. It is important to remember that the global general public has for several decades being paying the start-up costs for space exploration research, science, and technology. It’s not too late to factor in equality before an infrastructure of inequality is forever with us as we venture to establish the final frontier.
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.
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
