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.
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 The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at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 book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.
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.
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
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.
Spaceflight is a rational undertaking, yet full of emotions. It is a dream of mankind and a multi-billion industry likewise. It is subject to a distinct branch of law – and moreover part of modern pop culture. In short: spaceflight is fascinating. “Outer Space in society, politics and law” is an inter-disciplinary approach to the understanding of modern space law. Technical, cultural and historical aspects lay the foundation for a sound comprehension why space law norms have been established and what they mean in practice. The reader will realize the impact space and spaceflight have on society – from Stonehenge to climate change. A new approach to presenting space law: comprehensive and illustrative. “We live in a society absolutely dependent on science and technology and yet have cleverly arranged things so that almost no one understands science and technology. That's a clear prescription for disaster.” Carl Sagan
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.
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.
This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.
