While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development
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.
"This book provides up-to-date knowledge of space debris and valuable insights on how to grapple with this issue from legal, technical, economical and societal aspects. I would strongly recommend that everyone who is working on space development and utilizations and even non-specialists once read this book and think over how human being should be faced with this issue." –Prof. Shinichi Nakasuka, University of Tokyo, Japan Space Debris Peril: Pathways to Opportunities takes readers through the wide spectrum of problems created by space debris – including technical, political, legal and socio-economical aspects – and suggests ways to mitigate its negative consequences and create new opportunities. With chapter contributions from authors at world-renowned universities, private or public entities, and research institutes active in the field of space debris mitigation, space policy and law, risk and resilience, liability and insurance, this book provides a comprehensive introduction to the subject helping the reader to grasp the whole picture of the current space debris remediation challenges. This book will be of interest to the scientific communities, policy makers, business developers, (re)insurers and international standards developers for space operations and orbital debris mitigation. Also, it should appeal to a broader audience among non-specialists in various sectors and the general public. Key features: Brings together interdisciplinary perspectives on the topic in one, cohesive book Chapter contributions from specialists in this interdisciplinary field from around the globe Up-to-date information with the latest developments
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
The book analyzes the various legal and political concepts to resolve the problem of the existing space debris in outer space and which measures have been taken to avoid space debris or to reduce potential space debris in the course of future space missions. From a scientific and technical point of view various studies are ongoing to analyze the feasibility of active debris removal. Nevertheless it has to be highlighted that outer space is an international area where various actors with different legal and political concepts are operating, a situation that leads to different approaches concerning such activities.
This book maps out the moral, legal and societal issues brought forth by the use of autonomous systems such as AI and smart robots in outer space. Humanity is on the brink of a new space era in which projects for permanent human colonies on the Moon and space missions with autonomous AI systems will soon become a reality. Principles and provisions of international space law fall increasingly short in tackling this scenario. Experts and institutions have recommended improvements to the legal framework, such as new international agreements, or policies that would not require any amendment to conventional law. Most of the time, such proposals and recommendations overlook the challenges posed by technology and how autonomous and intelligent systems in outer space require moral and legal standards of their own. This book argues that the traditional focus on satellite communications, space-related services, and the appropriability of celestial resources needs to be integrated by new laws of outer space regulating cybersecurity law and environmental law, data governance and consumer protection. The new laws of outer space will increasingly concern the development of new standards for the behaviour and decision-making of AI systems and smart robots, with and without humans aboard deep space missions and in next-generation colonies. What laws shall govern us out there, in a new terra incognita? This is the question that the book sets out to answer.
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.
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.
The Geostationary Ring: Practice and Law addresses numerous physical aspects of this highly sought-after orbit which serves as the backbone for international satellite communications and analyses the evolution of its use, coordination and related disputes along with sovereignty claims over segments of the Geostationary Orbit. The author, Martha Mejía-Kaiser, discusses the increasing population of this orbital region with operational spacecraft, its pollution with man-made space debris, and the upcoming active space removal by external systems. Based on empirical data, the author analyses in unprecedented detail a measurable State practice in the efforts of keeping this orbital region operational, and addresses key legal questions with regard to the benefit and interests of all nations, equitable access and its economic and rationale use. See inside the book.
