Outer Space Law
Outer Space Law

Author: Yanal Abul Failat

Publisher:

Published: 2017

Total Pages: 390

ISBN-13: 9781911078197

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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 The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at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.

Who Owns the Moon?
Who Owns the Moon?

Author: Virgiliu Pop

Publisher: Springer Science & Business Media

Published: 2008-11-16

Total Pages: 183

ISBN-13: 1402091354

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This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.

The Policy Space in International Intellectual Property Law
The Policy Space in International Intellectual Property Law

Author: Emmanuel Kolawole Oke

Publisher: Martinus Nijhoff Publishers

Published: 2022-04-19

Total Pages: 306

ISBN-13: 900451208X

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This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.

The Concept of State Jurisdiction in International Space Law
The Concept of State Jurisdiction in International Space Law

Author: Imre Anthony Csabafi

Publisher: Springer

Published: 2012-12-06

Total Pages: 289

ISBN-13: 9401509212

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Dr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex pressed his views on the meaning of these principles.

Handbook of Space Law
Handbook of Space Law

Author: Frans von der Dunk

Publisher: Edward Elgar Publishing

Published: 2015-02-27

Total Pages: 1137

ISBN-13: 1781000360

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The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte

Space Commercialization and the Development of Space Law from a Chinese Legal Perspective
Space Commercialization and the Development of Space Law from a Chinese Legal Perspective

Author: Yun Zhao

Publisher:

Published: 2009

Total Pages: 294

ISBN-13:

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This book will be the first English on space law written by a Chinese scholar. With the rapid development of space activities in China, many space scientist and lawyers are keen to know Chinese Legal views on policies and laws on space activities. The book discusses new development of space law in view of the rapid development of space commercial activities from a Chinese legal perspective. The topics selected in the book reflect the author's teaching and research in space law at four different universities: Leiden University, Erasmus University Rotterdam, City University of Hong Kong and the University of Hong Kong. Six areas of space law issues have been selected: property rights, space registration and liability regime, launching services, telecommunications services, national space legislation and international space co-operation. All the topics are closely related to current Chinese space legislation and practice. When dealing with the above six issues, the author will first briefly discuss the current rules and practice at the international level, followed by in-depth analysis of Chinese situation. This will be a unique book. Those who are researching on space law and/or in charge of formulating national space policy will be especially interested in the elaboration of Chinese attitude toward space commercialisation and of the current Chinese space policies and laws.

The Exploitation of Natural Resources of the Moon and Other Celestial Bodies
The Exploitation of Natural Resources of the Moon and Other Celestial Bodies

Author: Fabio Tronchetti

Publisher: BRILL

Published: 2009-10-23

Total Pages: 400

ISBN-13: 904742879X

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The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies. The exploitation of lunar and other celestial bodies’ resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.

Space Law
Space Law

Author: Francis Lyall

Publisher: Routledge

Published: 2016-04-01

Total Pages: 611

ISBN-13: 1317051971

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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.

Property and Sovereignty
Property and Sovereignty

Author: Professor James Charles Smith

Publisher: Ashgate Publishing, Ltd.

Published: 2014-01-28

Total Pages: 483

ISBN-13: 140948470X

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This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Exclusive Use in an Inclusive Environment
Exclusive Use in an Inclusive Environment

Author: Philip De Man

Publisher: Springer

Published: 2016-07-25

Total Pages: 514

ISBN-13: 3319387529

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This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community. Though academic in its approach in dealing with one of the most fundamental issues of space law to date, the book has very practical ambitions. By offering a pragmatic interpretation of the space law principles that are likely to remain the legal foundations of asteroid mining for the foreseeable future, Exclusive use in an inclusive environment hopes to inform academics, practitioners and policymakers alike in their future attempts at working out a fair, equitable and effective management regime for the exploitation of natural resources in outer space.