The aerospace plane : Its legal and political future

Recent progress in the development of an aerospace plane calls for consideration of an applicable legal regime. Since the aerospace plane is by definition a hybrid vehicle, it is unclear whether international air space law or outer space law should be applied to it. This article outlines the practical considerations affecting the debate and compares the existing legal principles and rules that might be applied. The author argues that a new allocative theory, which would take account of the purposes of a hybrid vehicle and its actual effects, is needed to determine whether air space law or outer space law should be applied to it.     

The contest for leadership in East Asia: Japanese and Chinese approaches to outer space

Japan and China, as two advanced spacefaring nations in Asia-Pacific region, are often referred to as rivals in space. China's successful manned space launch program in 2003 and ASAT test in 2007 were considered as turning points which potentially introduces a “space race in Asia”. This article argues that there are three defining arenas in a space race: competition for prestige or soft power, competition over military capability or hard power, and competition of international services or public goods. It analyzes the objectives, norms and logics of space policy in Japan and China, and argues that these two countries have quite different thinking over what to do in space, explaining that they are playing different games in the first two arenas. However, Japan and China are competing for leadership and influence over the region. APRSAF and APSCO, two similar regional space organizations, are the vehicles for this competition. It concludes that there is a space race only in the third arena as a competition for leadership in Asia.     

Near space as a sui generis zone: A tri-layer approach of delimitation

The lack of a legal boundary between air space and outer space has not given rise to significant difficulties in the determination of applicable law with respect to traditional flight craft – aircraft and space objects, due to their separated sphere of activities. But the advent of new flight craft that are capable of operating in the intermediate “near space”, i.e. Near Space Vehicles, would render a clarification of their applicable law and the legal status of the zone requisite. For the purpose of balancing the right of exploration and use of near space and the security interest of subjacent States, this short note proposes a tri-layer approach of delimitation by which near space is established as a sui generis zone reserved exclusively for peaceful purposes, while the space below the upper operative limit of aircraft and that above the lower operative limit of space craft are air space and outer space respectively.     

Beyond global: the international imperative of space

Despite provisions declarations that outer space shall be free for exploration and use by all states, it is a finite resource. This article argues for the need to ensure rational use of this resource via a major restructuring of space law. Focusing on telecommunications it proposes a change in the assignment of radio-spectrum and suggests that space must be treated as a means of advancing genuine globalisation.     

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.     

The environmental dimension of space arms control

Current debates on the prevention of an arms race in outer space are dominated by the traditional perspective of international strategic balance. This article addresses the issue through the often-neglected lens of environmental protection, reviewing a number of environmental instruments as they relate to outer space. It argues that environmental protection, as a non-traditional element, is an instrumental impetus for arms control. The current regime leaves the door open for states to develop conventional orbital weapons and ground-based anti-satellite weapons (ASATs), which would have a significant adverse impact on the space environment. Thus the law of environmental protection is deficient in effectively protecting the space environment from pollution resulting from military activities. It is further argued that the space arms control regime should be strengthened for humanity's common interest in a sustainable space environment. Preferably an international treaty should be concluded to prohibit testing, deployment and use of space-based weapons and ASATs. These substantive obligations also conform to the requirements of safeguarding international peace and security, and the security interests of spacefaring countries.     

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.     

Europe needs a space policy

This article argues that growing space activities are essential to maintain European high-technology ambitions. The approval of ESA's future programme at the ministers' meeting in late 1991 is regarded as an absolute minimum and the adoption of a collective European space policy setting European autonomy, international cooperation, competitiveness and equitable market conditions is urgently required. The article further argues that a power structure to define, adopt and update such a policy and monitor its implementation must be established. It should be based on ESA, with other organizations concerned with space playing advisory roles.     

Global and European challenges for space law at the edge of the 21st century

An international symposium, ‘Global and European Challenges for Air and Space Law at the Edge of the 21st Century’, organised by the Institute of Air and Space Law (Cologne) and the German Aerospace Center (DLR), took place from 8 to 10 June 2005 in Cologne. The conference assembled space law experts from industry, academic and international institutions world-wide. Areas of discussion were national space legislation, the current relationship of ESA and the EU, and common issues in air and space law with regard to future aerospace applications. This report examines the common denominators underlying all these three areas.     

Making space law relevant to basic space science in the commercial space age

Space science has been at the heart of humanity's activity in space, a fact reflected in the body of space law set up to regulate such activity. The increase in commercial utilisation of space may threaten the conduct of space science; reform of space law, however, could alleviate this situation. Using the examples of radio and light interference, and space debris, this articles examines ways in which the law could be reformed to improve conditions for scientists. It also discusses the need for, and equitable ways of, prioritising space activities. The forthcoming IHY 2007 should provide an opportunity for scientists to showcase their achievements.     

Study on the eddy current damping of the spin dynamics of space debris from the Ariane launcher upper stages

This paper addresses the topic of damping of the spin dynamics of a spatial debris orbiting around the Earth. Such debris, which can consist of parts of heavy launchers such as the Ariane rocket under consideration in this article, are impacted by torques generated by eddy currents as their conducting non-ferromagnetic body orbits through the Earth magnetosphere. Several previous works have focused on describing this induction phenomenon and have proposed analysis of empirical observations of this particular and important effect which has attracted much attention since the number of spatial debris has emerged as a problem for the future of space programs, especially in low orbits. In this paper, we present a relatively comprehensive modeling of the induction phenomenon, by means of Maxwell's equations inside the conducting and non-ferromagnetic body. Through the generalized Ohm's law, we show how one can obtain a partial differential equation with Neumann's boundary conditions problem that, once solved, e.g. through a finite elements method, yields the values of induced currents and braking torques. The case of a depleted upper stage of a heavy launcher, having a cylindrical shape and thin walls is particularly studied. We show a methodology to estimate the decay-rate of the spinning velocity, which is proven to satisfy a first-order asymptotically stable linear dynamics. Special cases consisting of typical orbit of space debris are treated.     

空天一体作战C4I系统效能研究

根据空天一体作战指挥控制系统结构特点,建立了关于C4I系统的结构模型和指挥控制系统的逻辑模型,分析了该模型对未来空天作战的影响。在建立的网络结构模型的基础上,建立了编队攻击网络机构模型。运用梅特卡夫定律和组合数学相结合建立评估编队能力指数的评价标准。该算法与实际作战相结合,能较好地量化作战编队的作战效能。     

The USSR's prudent space policy

Soviet space policy has long been viewed in the West as militaristic and aimed at achieving superiority, a situation which is abetted by the secrecy in which Soviet space activities are shrouded. This article argues, however, that Soviet space policy is essentially prudent and conservative, and based on exploiting existing technology to the maximum. Whilst it has provided the USSR with an impressive space potential, it does not mean that the USSR is ahead of the USA in space. Nevertheless, in the future the USSR is likely to undertake more international cooperation and offer commercial launch services.     

Overcoming barriers to space travel

This viewpoint argues that the barriers preventing human expansion into space are not scientific but political and legal - an inability to secure funding; artificially high costs created by punitive insurance premiums and excessive bureaucracy; and uncertainty and disagreement about the extent and implications of legal regulation of space activities. Construction on Earth of a ‘metanation’ to oversee the governance of outer space is advocated as a possible solution.     

网电空间战对未来防空体系的影响研究

网电一体战的作战目标是破坏和控制敌方的信息基础和战略命脉,摧毁和致瘫敌方的作战指挥控制系统.分析了网电空间战的一般特点和军事特点,并结合网电攻击的案例分析了其对未来防空战争的影响,其影响主要表现在：作战空间由“地表维”和“垂直维”延伸至“网电维”,利用和控制网电空间将成为未来防空作战的主题,网电空间对抗成为提升未来防空作战能力的核心.     

Taking space to the public

The UK space industry is an important part of the British economy and likely to become more so, but it needs well-educated graduates, government support and investment. Such an effort would be aided by an educated public. Education is an important part of a successful space industry policy. The Space Education Council, supported by the BNSC, is doing important work talking to the public about space. This article argues that there is a need for more space education work and reports on the Space Education Council's recent symposium.     

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.     

International outer space law

This report is an edited version of a talk given by Professor Christol at the Conference on Law and Life in Space, held at the Center for Aerospace Sciences, University of North Dakota, Grand Forks, ND, in September 1986. Professor Christol reviews the principles of space law as they relate to the relations between states, through existing treaties and agreements. He offers a hope that, through ‘strategic stability’, conditions will emerge for further agreements, and for public international outer space law to become more rigorous.     

US export controls and Canadian autonomy to collaborate on international space missions

Canada is a space power with unique technical niches that support opportunities for collaboration on space technologies. When U.S.-origin space technologies are involved Canada's ability to collaborate internationally may be conditional on US law and policy. As a result, US export control law can be directly linked to the success or failure of Canadian collaboration. This article examines the strategic impact of U.S. export controls on Canadian autonomy to collaborate on international missions, including multi-use missions. Canadian space export control policy is also examined more broadly with the goal of providing specific policy recommendations that will enhance Canada's future as an international space actor.