Risk management in commercial launches

The article explores the way so-called legal space risks are managed in US commercial space transportation. Risk management in the space transportation field is a highly regulated process, thus allowing practically no possibility of deviating from the system stemming from such regulation. Such a system arises from the legislation, basically the Commercial Space Launch Act, and the agreements. This risk-management structure is characterized by the transfer of risks from the space launch provider to both the user and the government and by the ensuing launcher's limitation of liability.     

The 1972 Liability Convention: time for revision?

The 1972 Liability Convention is an example of the interaction of international policy, international relations and economy. It helps define liability for damage caused by space objects. However, with more and more space activities taking place on a daily basis, along with the trend towards commercialization, the continued application of the Convention faces severe challenges. Consequently, a serious review of the Convention is needed after more than 30 years of its existence. With possible revision the Convention would offer clear guidelines for decision makers to decide cases in a rational way best suited to the development of space operations.     

Third-party liability insurance and space launches

This article discusses a number of issues related to the US commercial expendable launch vehicle (ELV) industry and government's role in ensuring its competitiveness, particularly third-party liability insurance for space launches. The author finds that the space insurance industry has become a major constraint on the commercial development of space. The future implications are considered of US government involvement with the launch services industry, initially through providing third-party insurance itself. The author concludes that, for a stable commercial ELV industry, it will be necessary for the USA either to establish fair-trade agreements with other space-capable nations, or to maintain a significant government involvement to support the industry.     

Regulating ISS— An interdisciplinary essay

The International Space Station (ISS) is a multifaceted international project. Several space agencies from different countries work together in the Outer Space. This paper will illustrate the exciting questions arising from such a venture and therefore the challenge to incorporate a variety of issues into a legal order. The Paper is addressed to lawyers who need not necessarily be experts in space law, and also to space experts who have no legal background. It demonstrates the three layers of the ISS regime—from the “Intergovernmental Agreement” (IGA) as a “frame” with pillars and boundaries, over the “Memoranda of Understanding” (MOU) which rules in a more specific way, to the so-called “Implementing Arrangements” regulating the overall and single aspects of ISS in detail.The paper underlines questions of applicable jurisdiction, utilization rights and the rights on intellectual property onboard of the ISS. Furthermore the problem of liability in space flight is highlighted, also with a view to the different aspects of the liability issue, for example (internal) liability caused by programme delays (e.g. US Space Shuttle delays).In conclusion, the paper illustrates the situation of astronauts by the “Code of Conduct for the International Space Station Crew” and provides an example for the actual ISS Programme—an international cooperation in a highly demanding environment which will be a basis for future space ventures in many ways.     

Compliance of disposal orbits with the French Space Operations Act: The Good Practices and the STELA tool

Space debris mitigation is one objective of the French Space Operations Act (FSOA), in line with Inter-Agency Space Debris Coordination Committee (IADC) recommendations, through the removal of non-operational objects from populated regions. At the end of their mission, space objects are to be placed on orbits that will minimize future hazards to space objects orbiting in the same region. The FSOA, which came into force in 2010, ensures that technical risks associated with space activities are properly mitigated. The Act confers CNES a central support role in providing technical expertise to government on regulations dealing with space operations. In order to address the compliance of disposal orbits with the law technical requirements, CNES draws up Good Practices as well as a dedicated tool, Semi-analytic Tool for End of Life Analysis (STELA).     

Space tourism, private spaceflight and the law: Key aspects

The arrival of ‘space tourism’, or more appropriately ‘private spaceflight’, requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorisation and supervision, liability and registration, and how they reflect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first and foremost by national legislative interests on a domestic level, before (possibly) reaching the level of international law. The possible use of air law or even adventure tourism law to regulate relevant activities is also touched on.     

Current legal issues pertaining to space solar power systems

This paper discusses a range of legal issues that need to be considered in planning for a space solar power system. Because objects placed in space are inherently international, the paper primarily looks at international law that affects launching, construction, operation, property rights, the environment, communication and liability. International coordination early in the planning process is urged to make space solar powers systems a reality more speedily.     

Competing for a future in space: NASA and the Department of Defense

Although the 1958 Space Act stressed the civilian nature of the US space programme, the military space budget has grown to over twice the size of NASA's. Military influence on US space policy has grown accordingly. NASA has failed in articulating a sense of direction and purpose for the civilian space programme justifying sustained and adequate support. What matters most for a reinvigorated NASA is the level of commitment the nation is prepared to make, and in today's political climate greater spending on a civilian space programme would be unpopular. The USA looks likely to continue to fall behind in the international competition for space leadership.     

The legal regime for private space tourism activities—An overview

“Space tourism” denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.     

缔约过失责任问题探讨

缔约过失责任是在合同缔结过程中产生的一种责任形式，是合同法中一项独立的法律制度。缔约过失责任与违约责任有着本质的区别，是基于缔约方违反先合同义务产生的责任形式，其损害对象是对方的信赖利益，而不是合同利益。本文通过对缔约过失责任的论述，阐明其产生的理论基础、成立要件、责任形式以及立法现状和趋势，谨希望能有助于我国相关立法的发展与完善。     

A forward looking space policy for the USA

The 1958 Space Act created separate but related military and civilian space exploration and exploitation efforts for the USA. This Viewpoint reexamines the assumptions of the act, and questions how they might be modified to fit with technical and political developments since 1958. Should separate civilian and military programmes continue? How should launch vehicles be developed and operated? What should be the major goals of the space exploration programmes? A well defined and forward looking space policy is proposed, including a lunar base programme, which will take the initiative away from the USSR.     

Astromedicine and astrolaw: Emerging issues for advanced missions beyond Earth orbit

It is generally agreed within the scientific community that provision of appropriate medical facilities and administration of quality health care to astronauts are of great importance. However, for the more complex and remote missions envisaged for the future, issues of liability, responsibility and damage relating to medical practice may take on a greater significance and will need to be addressed. The author briefly reviews potential issues which may arise in the context of medical emergencies, crew autonomy and environmentally altered physiological status which characterize some projected advanced space missions and argues that the law of outer space will need to be expanded to take account of them.     

Overview of the legal and policy challenges of orbital debris removal

Much attention has been paid recently to the issue of removing human-generated space debris from Earth orbit, especially following conclusions reached by both NASA and ESA that mitigating debris is not sufficient, that debris-on-debris and debris-on-active-satellite collisions will continue to generate new debris even without additional launches, and that some sort of active debris removal (ADR) is needed. Several techniques for ADR are technically plausible enough to merit further research and eventually operational testing. However, all ADR technologies present significant legal and policy challenges which will need to be addressed for debris removal to become viable. This paper summarizes the most promising techniques for removing space debris in both LEO and GEO, including electrodynamic tethers and ground- and space-based lasers. It then discusses several of the legal and policy challenges posed, including: lack of separate legal definitions for functional operational spacecraft and non-functional space debris; lack of international consensus on which types of space debris objects should be removed; sovereignty issues related to who is legally authorized to remove pieces of space debris; the need for transparency and confidence-building measures to reduce misperceptions of ADR as anti-satellite weapons; and intellectual property rights and liability with regard to ADR operations. Significant work on these issues must take place in parallel to the technical research and development of ADR techniques, and debris removal needs to be done in an environment of international collaboration and cooperation.     

The land remote sensing commercialization Act of 1984

This article examines the effect that private-sector remote sensing activities might have on the international community and on the future of international cooperation in space. It describes in detail The Land Remote Sensing Commercialization Act of 1984, recently passed by the US Congress and signed by President Reagan. The article concludes that it is possible to develop domestic regulations that balance the economic interests of the private sector with the legal and political concerns of the international community.     

Rethinking public–private space travel

On May 24, 2012 SpaceX's Dragon capsule was launched and in doing so became the first commercially built vehicle to berth with and carry cargo to the International Space Station (ISS). It successfully completed its mission and returned to the Pacific Ocean on May 31, 2012.¹ The docking of Dragon represented a historic moment where a commercial enterprise managed to achieve that which had previously only been accomplished by governments. “In the history of spaceflight – only four entities have launched a space capsule into orbit and successfully brought it back to Earth: the United States, Russia, China, and SpaceX”.² While this is a monumental accomplishment for private industry, we cannot ignore the value of public–private partnerships and the role that government played in enabling this incredible achievement.In this paper I will examine how public–private partnerships are enabling the development of the commercial space industry, viewed through the lens of the Rethinking Business Institutional Hybrid Framework put forward by University of Oxford professors Marc Ventresca and Alex Nichols in their Rethinking Business MBA course. I intend to demonstrate that the NASA versus Commercial Space argument is a false dichotomy and that only by working together can both sectors continue to push the boundaries of space travel and exploration. I plan to do this by first discussing how the NASA-SpaceX partnership came about and the reasoning behind it. I will then explore what a public–private partnership (PPP) is, as compared to other government privatization schemes, and explain why Space Act Agreements are significantly different from anything done previously. I will then analyze the impact of these agreements and outline their benefits in order to demonstrate the value they create, especially in areas of mutual value creation and economic development.     

Taking a common-pool resources approach to space sustainability: A framework and potential policies

This paper examines Nobel Prize Winner Elinor Ostrom's principles for sustainable governance of common-pool resources (CPR), capturing the best practices of CPRs over the years, which avoid the “Tragedy of the Commons” without being either completely privatized or controlled by a Leviathan entity. Ostrom's principles highlight, inter alia, the need for clear boundary definitions, rules tailored to fit the domain, who has a say in formulation of collective-choice agreements and operational rules, monitoring of behavior, graduated penalties, and conflict resolution mechanisms. In the context of the space domain they highlight issues such as the definition of where space begins, gaps in the existing liability regime, the concept of collaborative space situational awareness, and how best to include emerging and developing space actors in negotiations and decision making. The paper concludes that Ostrom's principles highlight specific areas on which to focus initial space sustainability efforts and national and international policy. It also recommends further analysis into how best to translate her principles to the space domain, where they may not be wholly applicable because of the unique nature of space, and how to evolve space governance institutions and mechanisms to best suit the unique environment of outer space.     

发展高可靠低成本进出空间技术，迎接太空经济时代（英文）

The worldwide space industry has entered a new space economy era. The question is how to develop in this new era? This paper tries to answer this question from two aspects: highly reliable and low-cost technology for access to space, and the cislunar economic zone. Firstly, the development requirement of the future space transportation system is discussed and the development path to enable high-reliability and a low cost of space transportation system is analyzed. Moreover, the concept of a routine space transportation system is proposed, upon which this paper gives some thoughts to the development of the cislunar economic zone thus embracing the new space economy era.     

Assessing the impact of space on society

There have been surprisingly few studies of the societal impact of space exploration, yet the impact has been considerable, and wide ranging. After briefly reviewing what has been published, the author reports on activities by NASA to improve our understanding of this issue. In accordance with the National Aeronautics and Space Act of 1958, the NASA History Division has initiated a series of special studies and conferences on the societal impact of spaceflight. The first conference, held 19–21 September 2006 in Washington, DC and co-sponsored by the National Air and Space Museum, included some 35 speakers who addressed six main categories, spanning international, commercial, cultural, environmental and national security impacts. For both the conferences and the special studies, the goal is to examine the multifaceted impacts of spaceflight with rigorous historical research.     

空间光学发展现状和未来发展

文章综述了空间光学在空间天文、深空探测及对地观测等领域的发展现状,介绍了空间光学的未来发展动态,分析了空间光学的技术需求,最后提出了中国空间光学的发展建议。     

空间核反应堆电源研究进展

随着航空航天领域对能源需求的不断扩大,核能的空间应用迎来了新的发展高潮。本文针对空间核反应堆技术的发展现状进行综述,重点关注了空间核反应堆与静态能量转换、动态能量转换技术结合供电的研究进展,总结分析了空间核反应堆电源技术的发展特点,并指出未来发展中需要重点关注的内容,为未来空间核反应堆电源的发展提供指导。