The PCA Rules for dispute settlement in outer space: A significant step forward

Outer space activities have evolved significantly. While they were previously the exclusive domain of a restricted number of states, now thanks to technological advances and the easing of governmental restrictions, space activities are carried out on a much larger scale and involve subjects of both a governmental and non-governmental nature. Furthermore, the commercial uses of outer space are making space business increasingly profitable and attractive to potential investors. As the economic value of outer space activities, as well as the number of space actors grows, it is nearly inevitable that international disputes related to the use of outer space will occur. Until recently, international space law contained little dedicated machinery to settle international outer space-related disputes. This absence significantly weakened the applicability and enforceability of space law and contributed to a climate of uncertainty. In order to address these issues, the Permanent Court of Arbitration (PCA) adopted the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities on 6 December 2011. The PCA Space Rules represent a significant development in the field of space law because they provide a voluntary and binding dispute settlement method accessible to all space actors and modeled on the specific legal and economic characteristics of space activities. This paper describes the genesis of the PCA Space Rules, assesses their content and innovative character, evaluates their possible implications for the settlement of outer space disputes, and argues that they should be positively received by the outer space community.     

Technology foresight in practice: A proposal for Turkish space vision

We are witnessing a fundamental change in the perception of space-related issues. Once a symbol of technological competition between opposing political systems, space activities have become a part of everyday life and an indispensable means for states to achieve economic, scientific, political and social goals. This Report addresses the space activities of Turkey, a latecomer to space challenge but a country rapidly progressing in this field. In this context, major space-related policies and projects are first discussed. The current status of the Turkish space industry is then defined through SWOT analysis (strengths, weaknesses, opportunities, threats). The analysis is informed by a May 2012 workshop was held in Turkey at the Defense Sciences Institute, which brought together a range of interested actors to discuss Turkey's space policy. The workshop was followed up six months later with a survey of a larger group of participants. This Report lays out the findings of these two events, articulating the strengths and weaknesses for Turkey's space aspirations, and also a proposal for the country's future space ambitions. Strategies and policies that will be supportive in achieving the proposed space vision are also introduced.     

Space life and biomedical sciences in support of the global exploration roadmap and societal development

The human exploration of space is pushing the boundaries of what is technically feasible. The space industry is preparing for the New Space era, the momentum for which will emanate from the commercial human spaceflight sector, and will be buttressed by international solar system exploration endeavours. With many distinctive technical challenges to be overcome, human spaceflight requires that numerous biological and physical systems be examined under exceptional circumstances for progress to be made. To effectively tackle such an undertaking significant intra- and international coordination and collaboration is required. Space life and biomedical science research and development (R & D) will support the Global Exploration Roadmap (GER) by enabling humans to ‘endure’ the extreme activity that is long duration human spaceflight. In so doing the field will discover solutions to some of our most difficult human health issues, and as a consequence benefit society as a whole. This space-specific R&D will drive a significant amount of terrestrial biomedical research and as a result the international community will not only gain benefits in the form of improved healthcare in space and on Earth, but also through the growth of its science base and industry.     

Developing new launch vehicle technology: The case for multi-national private sector cooperation

Space is now a global business, yet the cost of getting to space is still high. Developing new launch vehicles that are cheaper, safer, and more reliable is the key to both rapid commercial growth and to more and better government uses of space. However, the R&D process leading to new launch vehicles is expensive and technically challenging; the past 50 years have seen many government development programs, but no major technological breakthroughs. Perhaps, it is therefore time to think about other ways of developing new launch vehicles. The best expertise in this field resides primarily with private companies and is spread across many actors and nations. A consortium led by space firms might be a better approach to opening up space in the 21st century. Governments will have to develop new policies treating space as though it were a commercial industry, in particular, relaxing export trade restrictions wherever possible. Issues of dual-use may be outweighed by the rapidly growing widespread availability of launch capabilities. Since new launch vehicles will require large up-front R&D expenditures, government support will continue to be needed to supplement private capital funds. Contributions to this effort should be international. However, difficult it might be in today's security conscious environment to reorient government policy, doing so may offer the most efficient and successful way to break the technological and economic barriers to more reliable access to space.     

Forging a closer Europe–Japan strategic partnership: The space dimension

This viewpoint explores how a strengthening of Europe–Japan cooperation in four categories of space-related activities (exploration and access to space; Earth observation and related applications; industry-to-industry cooperation; and space security) can contribute to the EU–Japan strategic partnership more broadly. It is argued that integrating key space portfolios into existing venues and agendas for bilateral consultations and decision-making has the potential to bolster the overarching objective of deepening further political, economic, commercial, societal and cultural relations.     

Iran's space programme: Riding high for peace and pride

Iran's efforts to develop space technology for civil and peaceful purposes began many years ago. Almost all its success in this connection is the result of indigenous potential in terms of human resources, available expertise and experience along with international cooperation and exchange of knowledge. There are considerable civilian entities involved in space-related development and production in Iran. This article describes the history and current status and capabilities of Iran's space programme and its aim to use space for peace and prosperity and to attain the position that it deserves in the global arena. Stepping into space using an indigenously developed system has provided Iran with a notable and unprecedented national pride. Only international cooperation, as already exists in the framework of COPUOS activities on the peaceful uses of outer space, can improve 21st century understanding of the space policy and visions of Iran for the world community. Iran's space programme is really no different from that of any other nation. It is committed to developing its assets in space both for peaceful purposes and for use as part of various multinational space projects. It should not be ignored that such achievements require a high degree of expertise, ability and comprehensive knowledge about the subject, while the attitudes and visions of leaders in each nation who also influence and contribute to the pace, progress and developmental objectives of any nation's space program should not be disregarded.     

Ukrainian national space law from an international perspective

As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonising its legislation with that of its international political and economic partners and of creating clear guidelines for investors. This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the effect of international cooperation on Ukrainian space law development.     

A systematic review of the Space technology transfer literature: Research synthesis and emerging gaps

In order to justify high expenditure during this period of financial crisis, Space Agencies have attempted to increase the returns on their investments in Space missions by encouraging the commercial use of advanced technologies. The development of a technology transfer process from Space to Earth not only benefits the Aerospace industry but also the network of national companies. Technology transfer has been shown to stimulate innovation in business and commerce, support economic growth and provide a return on public investment in research and development (R&D). The aim of this paper is to systematically review the Space technology transfer literature and to suggest directions for future research. The range of research and studies in the literature on this topic requires a systematic review to summarize the results in an unbiased and balanced manner and to interpret these in a way that highlights the research gaps. This article presents an overview of the dominant thinking (explicit in selected articles from 1995 to present), indicating the problems of analysis, research gaps and a future research program.     

Space science innovation: How mission sequencing interacts with technology policy

Innovation is fundamental to a space agency's mission. Yet, the industry's current dominant approach to new technology development – concerted investment in step-changes in capabilities to support a particular application – contradicts the conventional wisdom of innovation theory. In order to understand why, this paper uses a unique empirical case study, in which exogenous historical circumstances created unexpected additional opportunities for technology investment, to explore the merits of this approach. The value of follow-on periods of R&D is assessed in terms of simple marginal returns, implications for workforce dynamics and the interaction of mission sequencing and technology strategy. The analysis reveals an important contingency between mission paradigm and the value of follow-on investment. Specifically, while marginal performance improvements can be achieved at lower costs, their value depends on the availability of an appropriate mission opportunity. In the current paradigm, the risk of obsolescence is high compared to the potential benefit. However, if a new small mission, frequent flights, paradigm were to take hold, there may be great value in refocusing R&D strategy on later round improvements.     

Space technology as a factor of international stabilization and destabilization

Control of space-related assets represents a factor of civilian as well as military power. If countries seek unilateral access to space technology for the purpose of aggression against others, international peace and stability are at risk. The author discusses the role of the non-proliferation regime for space technology within an integrated strategy for the promotion of international security and development. He suggests that under certain conditions, allowing the further spread of the use of space-based capabilities can contribute to the stabilization of regional conflict situations. However, certain safeguards, controls and restraints should be required from potential new space powers.     

The benefits and dilemmas of an international space station

Serious recommendations have been made about the development and mutual manning of an international space station. The achievements of ESA show that such international organizations can work successfully in high technology projects, although with problems. However, other work on isolated and confined environments suggests that sustained cooperation in the unique quarters of a space station for long durations may have special inter-cultural difficulties that need to be examined before any long term commitment is made. Also, a careful look at international activities in general suggests that in spite of the fact that there are many potential benefits for cooperative activities, there are also many international obstacles. If such an effort is to be embarked upon, it is important to look candidly at the problems that can be generated from the multi-national social, economic, and cultural systems in order to do serious and direct analyses. Such a project might be strangled by unanticipated and complex problems of a socio-cultural nature.     

Fast-track development of space technology in China

China's space industry faces challenges from the rapid growth in domestic demand for satellite services, international competition from the other members of the space club and infiltration of its domestic markets by foreign space companies. To counter this the country is making space a priority in current plans to improve national economic and social development, paying particular attention to applications satellites. Policies aimed at accelerating development include increasing state support for space, improving management - especially of invested funds - creating a better infrastructure and aiming for serial production of satellite components. It is acknowledged that much can be learnt from other countries and China is keen to pursue cooperative endeavours, but it intends also to retain its independence.     

Managing foreign participation in government-funded applied space research and product development

Using the example of the USA, this article examines the economics of foreign participation in applied R&D space projects, with an emphasis on those with the goal of commercializing technology. Following an overview of the arguments within applied high-tech research in general — fear of subsidizing other countries economies and jeopardizing national prestige; benefits from nationally unavailable skills, reducing government costs and increasing domestic incentives for innovation — the authors consider specific characteristics of markets for space technology in the light of these arguments. They conclude with a discussion of policy options, such as the use of licenses or levy of royalties, to preserve the virtues of foreign competition while addressing concerns about ‘underwriting’ foreign competitors.     

Assuring the sustainability of space activities

The growth of new space systems and the continued creation of orbital debris could in a few years make activities in Earth orbit unsustainable, so finding cost-effective ways to sustain space activities in Earth orbit is essential. Because outer space activities serve the needs of the military–intelligence, civil, and commercial communities, each with their own requirements, creating the necessary international agreements for reaching and maintaining a condition of sustainability will not be easy. This paper summarizes the primary issues for the international space community regarding our future ability to reap the benefit of space systems in Earth orbit. It explores several of the efforts to develop international agreements that would lead to or support the sustainability of space activities and examines the benefits and drawbacks of each approach. In particular, it reviews progress within the UN COPUOS, and examines the EU's proposal for an international Code of Conduct for Outer Space Activities. It also notes the need for states to establish or expand their own space legal infrastructure to conform to the UN treaties and guidelines for space activities.     

Reflections on the quest for international cooperation

Changed political objectives, straitened economic circumstances and an altered balance of capability and expertise in space endeavours have together produced more discussion of the need for international cooperation than ever before, but the meaning of the term has subtly shifted. Insisting on US ‘leadership’ is self-defeating; what is instead firmly desired by the USA's potential partners is a balanced relationship in which each nation makes an identifiable contribution and takes the lead in at least one of a package of projects. If this is going to happen, there must be an international forum or framework in which projects can be discussed and agreed. This in turn requires initiative at governmental level.     

Security implications of remote sensing

Major technical advances in remote sensing have developed sophisticated systems with both extensive military and civilian applications. Not only the USA and USSR, but a growing number of other countries such as China, France, India and Japan are actively engaged in remote-sensing R&D. This article reviews the capabilities of civilian satellite technologies and programmes of various nations, and examines the implications for national and international security. Many states are concerned about the commercial availability of data on their economic resources and national security-related activities. A particular problem is the possible misinterpretation of remotely-sensed data.     

Toward a paradigm shift in managing future global space exploration endeavors

This paper analyzes the objectives and activities of space exploration programs, and presents action plans and guidelines for a future sustainable global space exploration platform. While new cooperative mechanisms have emerged in recent decades, the now-unfolding era of global space exploration will lead to new models of cooperation, reflecting the legacy of partnerships and the evolution of a global endeavor. Consequently, the successful alignment of national and international stakeholders along lines drawn by commonality of purpose will be crucial to achieve a basis for marshalling sufficient resources for ambitious space projects, and to create necessary new political, economic, and legal frameworks. For the development of a successful global space exploration program, traditional approaches may need to be supplanted by a new paradigm including focus on information exchange, organizational knowledge, and human capital – as practiced in high-performance organizations (HPOs) – that go well beyond the current international working groups and multinational space efforts.     

Space: a challenge for Europe

This Viewpoint presents an industrial perspective of the policies needed to support and advance the capabilities and competitiveness of the European space industry. It is argued that Europe needs a coordinated longterm space policy to help create the climate in which industry can invest in and exploit space. Europe must also accelerate the development of advanced technology products and services, improve its competitiveness in applications and commercial markets including launchers, and secure fair and reliable international partnerships in in-orbit infrastructure and manned space activities. To this end European governments are urged to acknowledge the increasing political, economic and military importance of space and their continuing governance of space activities, and to establish mechanisms that promote industrial competitiveness; the development of the commercial sector; autonomy in key technologies; and international partnerships which are fair and affordable.     

Creating a productive international partnership in the Vision for Space Exploration

When US President George W. Bush on 14 January 2004 announced a new US “Vision for Space Exploration”, he called for international participation in “a journey, not a race”, a call received with skepticism and concern elsewhere. But, after a slow start in implementing this directive, during 2006 NASA has increased the forward momentum of action on the program and of discussions on international cooperation in exploring “the Moon, Mars, and beyond”. There are nevertheless a number of significant top-level issues that must be addressed if a cooperative approach to human space exploration is to be pursued. These include the relationship between utilization of the ISS and the lunar exploration plans, integration of potential partners’ current and future capabilities into the exploration plans, and the evolving space-related intentions of other countries.     

The impact of US export controls on the Canadian space industry

The International Traffic in Arms Regulations (ITAR) govern the export of defense-related technologies and services from the USA. In 1999 Canada's exemption to ITAR was suspended because of American objections over some Canadian companies retransferring US technology to third countries. This paper is a first attempt to quantify the impact of ITAR on the Canadian space industry. Thirty-two space-related companies were contacted and a total of nine responses were received, representative of around 60% of the Canadian space industry in terms of workforce and revenue. According to the results, the Canadian space industry has been relatively effective in meeting the challenges imposed by ITAR. However, these workarounds do not diminish its negative impacts, particularly with respect to cost and schedule. It is expected that ITAR will continue to affect the Canadian space industry, as no near-term relief from the current regulatory environment is on the horizon.