Space Law: A Case Study for the Practitioner

Space Law: A Case Study for the Practitioner

Author: George S. Robinson

Publisher: BRILL

Published: 2023-07-24

Total Pages: 402

ISBN-13: 9004640185

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Space Law: A Case Study for the Practitioner: Implementing a Telecommunications Satellite Business Concept concentrates on the law governing commercial space ventures, commercial telecommunications satellite projects, in particular. The telecommunications satellite industry is by far the most mature of all the commercial space industries with a commensurate body of law governing it, and many of the same types of regulatory processes and private law transactions discussed in this book also pertain to the implementation of other commercial, and even non-commercial and military space ventures. The reader will find a clear description of the necessary legal actions lawyer and client must take to provide for the construction, launching and operation of a privately-owned telecommunications satellite. Both international and national laws and regulations pertaining to space projects are discussed. A step-by-step approach to legal actions has been adopted to help make the book a practical, easy-to-use reference tool. It is designed to assist lawyers in private practice, government attorneys, corporate legal counsel, entrepreneurial executives and teachers and students of space law.


Space Insurance: International Legal Aspects

Space Insurance: International Legal Aspects

Author: Katarzyna Malinowska

Publisher: Kluwer Law International B.V.

Published: 2017-03-15

Total Pages: 342

ISBN-13: 9041167862

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Insurance related to outer space activities has been around since the 1960s, but has become vastly more significant with the increased commercial use of satellites. This book focuses on the legal aspects of space insurance in the contractual context, analysing space risk as well as the insurance terms used on the market. It offers the first in-depth coverage, both practical and theoretical, of space insurance from an international law perspective. Attending throughout to the important and problematic distinction between the space segment (upstream) and ground segment (downstream) in space law, this book deals comprehensively with such issues and topics as the following: - the main hazards relating to space activities; - the impact of new space technologies on the level of risk and insurance; - the differing types of risks attributable to various entities in the context of insurable interest; - aspects of the space risk allocation regimes and risk assessment; - the impact of the five ‘space treaties’ – the Outer Space Treaty, the Liability Convention, the Rescue Agreement, the Registration Convention and the Moon Agreement – on the subject and scope of insurance coverage; - the advent of suborbital flight, commercial human space flight and space tourism in the context of emerging insurance risks; - the problem of space debris; - contractual aspects of space activities affecting the space insurance risks; - basic notions such as ‘outer space’, ‘space object’ in the context of space activities and related insurance coverage; - basic insurance principles and their operation in the space insurance; and - the adjustment of losses and the settlement of disputes in space insurance. The author emphasises the need to understand the various insurance risks facing particular types of commercial space activities, including pre-launch, launch, transportation, spaceflight, satellite communications, satellite navigation, satellite remote sensing and space station operation. Satellites are increasingly a vital part of many daily activities of contemporary society and the Earth’s orbit is becoming ever more crowded, heightening the risks of collision, damage and claims. This thoroughly researched book will therefore be extremely useful to lawyers, policymakers and academics tasked with defining the scope of insurance coverage that accurately mirrors technological, contractual and legal reality. Its practical aspect will be of extraordinary value to insurance lawyers, underwriters and brokers.


Space Enterprise

Space Enterprise

Author: Phillip Harris

Publisher: Springer Science & Business Media

Published: 2009-12-29

Total Pages: 660

ISBN-13: 0387776400

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In Space Enterprise - Living and Working Offworld, Dr Philip Harris provides the vision and rationale as to why humanity is leaving its cradle, Earth, to use space resources, as well as pursuing lunar industrialization and establishing offworld settlements. As a management/space psychologist, Dr. Harris presents a behavioral science perspective on space exploration and enterprise. In this his 45th book, Phil has completely revised and updated the two previous editions of this classic, placing new emphasis on the need for more synergy and participation by the private sector. He not only provides a critical review of what is happening in the global space community, but offers specific strategies for lunar economic development. The author analyzes the human factors in contemporary and future space developments, especially relative to the deployment of people aloft. This user-friendly volume offers numerous photographs, diagrams, exhibits, and case studies.


Legal Basis for a National Space Legislation

Legal Basis for a National Space Legislation

Author: Julian Hermida

Publisher: Springer Science & Business Media

Published: 2006-04-11

Total Pages: 302

ISBN-13: 1402025327

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A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.


Launching Space Objects: Issues of Liability and Future Prospects

Launching Space Objects: Issues of Liability and Future Prospects

Author: V. Kayser

Publisher: Springer Science & Business Media

Published: 2006-04-11

Total Pages: 384

ISBN-13: 0306484056

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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.


Public Interest Rules of International Law

Public Interest Rules of International Law

Author: Teruo Komori

Publisher: Routledge

Published: 2016-04-15

Total Pages: 510

ISBN-13: 1317073665

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This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.


Diversity in Secondary Rules and the Unity of International Law

Diversity in Secondary Rules and the Unity of International Law

Author: K. C. Wellens

Publisher: BRILL

Published: 2023-11-27

Total Pages: 377

ISBN-13: 9004635130

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This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.


Space Law

Space Law

Author: Francis Lyall

Publisher: Taylor & Francis

Published: 2024-07-19

Total Pages: 532

ISBN-13: 104009208X

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As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.


Space India 2.0

Space India 2.0

Author: Dr. Rajeswari Pillai Rajagopalan

Publisher: Observer Research Foundation

Published: 2017-02-24

Total Pages: 406

ISBN-13: 8186818286

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This book gives insights by providing a glimpse into the past, while it connects with the present and delivers perspectives on the future dimensions of India’s space programme. The chapters cover a broad range– Commercial & NewSpace, Space Policy, Space Security, International Cooperation, and Space Sustainability & Global Governance—and they deliver educated suggestions and opinions to policymakers of the country to review their strategies on these issues. Understanding expert opinions in these areas shall bestow the emerging managers of the space programme with holistic insights. This work is a unique collection of thoughts and analyses on matters relevant to space policy and governance, a good account of accomplishments, and thought-provoking puzzles on future possibilities. The authors are national and international experts in different disciplines, both veteran and young scholars, and thus will be an invaluable resource for policymakers, academic researchers, and the public at large. This work can also be a concrete step for continuing discourse on varied subjects or issues of importance, which demand an interactive and evolutionary approach to progress on policy. While there could be some differences in the positions taken by writers with reference to the views of some stakeholders in policymaking, the academic yet non-formal nature of the content in this book will hopefully create enough spaces for reflecting on a cohesive and harmonious framework of policy and its continued dynamism in a field where India can make significant contributions to national and global developments.