Shaping a legal framework for the commercial use of outer space: recommendations and conclusions from Project 2001

Private and commercial activity in outer space still poses challenges to space law and policy. Within ‘Project 2001’—a legal research project by the University of Cologne's Institute of Air and Space Law and the German Aerospace Center (DLR)—six international expert working groups examined international and national laws, in order to identify gaps and, where necessary, propose improvements to the present legal framework for private space activities. The results were presented and discussed at an international colloquium in May 2001 in Cologne, Germany, where final conclusions have been drawn. This report presents a summary of the project's work and main conclusions, which are documented in full in a comprehensive book to be published in May 2002.     

Is it a plane?

An international colloquium on the Spaceplane and the Law was organized by the French Society for Air and and Space Law, with the help of the European Space Agency, the French Civil Aviation Authority, the Centre National d'Etudes Spatiales (CNES) and Air France, and had ICAO, Eurocontrol and the French Ministries of Foreign Affairs, Transport, PTT and Research as its patrons. The purpose of the colloquium was to create awareness of the legal problems that may arise when spaceplanes become reality, and to propose solutions to those problems. The colloquium was held in Paris on 14–15 May 1991.     

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 space commercialization — effects on space law and domestic law

This report by Harry Marshall Jr is based on a paper presented to the 27th International Colloquium on the Law of Outer Space of the International Institute of Space Law during the 35th Congress of the International Astronautical Federation, Lausanne, Switzerland, 9 October 1984. It outlines US attitudes and legislation on the commercialization of space, in particular the space programme of President Reagan, LANDSAT commercialization, ELV commercialization and conflicts of space law.     

The ECSL summer course: a European initiative in the field of space law teaching

Mindful of the growing need for and interest in the law of outer space, the European Centre for Space Law (ECSL) has started a summer school on the subject, where European students receive instruction in the basics of space law from internationally renowned professors and legal experts. In this report the ECSL's Secretary, Valérie Kayser describes the aims and content of the first two courses and assesses its impact. Student expectations have been met but there is scope for improving the academic level, especially in the area of teamwork.     

Keeping the peace in outer space: a legal framework for the prohibition of the use of force

Outer space is an area of growing economic and technological importance. It is also a developing theatre of military defence and warfare. Against this backdrop, development of a legal framework on the use of force in outer space is of critical urgency. This paper proposes a framework for the development of international law in this area and also assesses the effectiveness of the current state of international law governing the prohibition on the use of force in the context of outer space. It expands upon a proposed role for the United Nations and outlines a proposed enforcement mechanism for the law on the use of force in outer space. This proposed framework rests on a three-tiered system involving an International Tribunal for Outer Space, an International Space Surveillance Agency and an International Space Inspection Agency, co-ordinated through a Secretariat under the auspices of the United Nations Office of Outer Space Affairs. The paper also provides a proposed Protocol on International Peace and Security to the 1967 Outer Space Treaty as a means of establishing the proposed enforcement mechanism. Finally, the paper looks at the complexities involved in developing the law, and moots immediate steps for its development.     

《菲律宾航天法》及其启示（英文）

The Philippine Space Law was approved by the Philippine Senate and the House of Representatives on June 4, 2019, and was signed by the Philippine President Rodrigo Duterte on August 8, 2019 ~([1]). The approval of this act can be of great significance in the development of Philippine's outer space activities and astronautic industry. This article intends to discuss and analyze the Philippine Space Law background, main content, and its enlightenment with regard to the improvement of China's space law system.     

The European Astronaut Centre prepares for International Space Station operations

The European Space Agency (ESA) contribution to the International Space Station (ISS) goes much beyond the delivery of hardware like the Columbus Laboratory, its payloads and the Automated Transfer Vehicles. ESA Astronauts will be members of the ISS crew. ESA, according to its commitments as ISS international partner, will be responsible to provide training on its elements and payloads to all ISS crewmembers and medical support for ESA astronauts. The European Astronaut Centre (EAC) in Cologne has developed over more than a decade into the centre of expertise for manned space activities within ESA by contributing to a number of important co-operative spaceflight missions. This role will be significantly extended for ISS manned operations. Apart from its support to ESA astronauts and their onboard operations, EAC will have a key role in training all ISS astronauts on ESA elements and payloads. The medical support of ISS crew, in particular of ESA astronauts has already started. This paper provides an overview on status and further plans in building up this homebase function for ESA astronauts and on the preparation towards Training Readiness for ISS crew training at EAC, Cologne. Copyright 2001 by the European Space Agency. Published by the American Institute of Aeronautics and Astronautics, Inc., with permission. Released to IAF/IAA/AIAA to publish in all forms.     

DTFT-1: Analysis of the first USV flight test

The first dropped transonic flight test (DTFT) of the USV Program, performed with Castor, the first of the two spacecrafts developed within the USV Program, was performed on Saturday 24th February 2007, from Tortolì Airport in Sardinia.At 8:30 a.m. the 340 000 m³ stratospheric balloon lifted off from the East coast of Sardinia, bringing the flying test bed (FTB) up to 20.2 km before release within the isolated sea polygon controlled by Italian air force test range in Salto di Quirra (PISQ). The mission ended at 10:30 a.m. with the splash-down of the space vehicle.The flight itself was very good, with a nose-up manoeuvre under transonic conditions, reaching a maximum Mach as high as 1.08. The mission target was completely achieved as some 2 million measures were taken related to flight data, housekeeping, as well as 500 aerodynamic and structural experimental sensors. Unfortunately, the vehicle has been damaged more than expected during splash-down.Many national and international institutions and industries contributed to the mission carrying out, under the supervision and technical guide of CIRA: Italian Space Agency, Italian Air Force, Italian Navy, Italian Civil Aviation Authority, Italian Company for Air Navigation Services, Port Authorities, European Space Agency, Techno System Dev., Vitrociset, Carlo Gavazzi Space, Space Software Italia, Alcatel Alenia Space Italy, ISL-Altran Group.The paper reports the actual status of post-flight data analysis.     

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.     

ESA strategic planning for space exploration

The European Space Agency (ESA) is pursuing an independent strategic planning process for consolidating a destination driven (LEO, Moon, Mars) space exploration strategy. ESA's space exploration strategy is driven by the goals to maximise knowledge gain and to contribute to economic growth. International cooperation is a key pillar of ESA's strategy as it is considered both, an enabler for achieving common goals and a benefit, opening new perspective for addressing future challenges. The achievement of ESA's space exploration strategy is enabled through international partnerships. The interagency coordination process conducted within the framework of the International Space Exploration Coordination Group (ISECG) plays an important role in laying the foundations for future partnerships. It has achieved so far the development of a common vision for space exploration, a common plan for implementing the vision in the form of the Global Exploration Roadmap, as well as a common approach for articulating the value of global space exploration. ESA has been a strong promoter and supporter of the interagency coordination process conducted within ISECG and thanks to its unique expertise in international cooperation the Agency has contributed to its success.     

Surreal estate: addressing the issue of ‘Immovable Property Rights on the Moon’

At a time when scientific and commercial interest in the Moon is being reinvigorated it is becoming fashionable for ordinary individuals to ‘buy’ plots on the lunar surface, with the ‘vendors’ arguing that an absence of specific prohibition of individual private activity in space makes such action legal. It is therefore time for the legal community to address this situation by investigating just how legal such activity is—and bringing their findings to the attention of governments. This can be done through an examination of the relationship between national law and international space law, of the provisions of international space law—especially Article 2 of the Outer Space Treaty—and by answering any claims to private ownership of immovable property. Aside from the fact that individuals appear to be being duped, the pursuit of property claims on the Moon could impede future activities aimed at benefiting society.     

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.     

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.     

国际空间法中的限制性义务及其他规则概要

国际空间法是指调整国家、国际组织之间开展外空探索、利用、开发活动中权利义务规则的总称。狭义的国际空间法仅指以联合国外空五大公约为核心的国际条约体系,对于缔约国是具有强制的法律约束力的;广义的国际空间法还包括联合国大会决议和联合国外空委大会文件在内的不具有法律约束力、但具有很强的政治约束力的外空国际活动规则。中国1983年加入《外空条约》,1988年加入《营救协定》、《责任公约》和《登记公约》,没有加入《月球协定》。文章分析前4个公约以及《遥感原则》、《防止在外空部署武器条约草案》、"外空透明与建立信任措施"联大决议、《外空活动长期可持续准则草案》等不具有法律约束力的文件,简要分析其对中国航天活动可能产生的限制和影响,并提出对策、建议。     

空间碎片国际机制发展趋势分析

文章通过对空间碎片国际机制(多边谈判机制)的分析,指出其发展趋势,从而为中国参加相关谈判工作提供参考。空间碎片国际机制的发展已呈现出明显的政策化、法律化和制度化的趋势。无论是从外空利益争夺、外空战略实现,还是从中国航天事业可持续发展、中国航天立法体系完善的角度来讲,积极参加空间碎片技术合作与规则制定的国际谈判都具有重要意义。从国内建设上来看,中国应尽快制定“技术—政策(战略)—法律”三位一体的解决思路和具体方案;从国际层面看,可以借鉴美国一直坚持和贯彻的“技术—政策—国内规则—国际软法—国际法”外空策略,来开展空间碎片减缓和清除等方面的技术与规则制定的合作。     

Quo vadis COPUOS?

Since 1958, the UN Committee on the Peaceful Uses of Outer Space (COPUOS) has been an international forum working to build a body of space law by universal consensus, a method of working which has been essential to ensuring the enforce-ability of its decisions. This consensus has degenerated in recent years, slowing the progress of space law — which has now fallen dangerously behind the development of space technology. Some important recent decisions have had to be taken by majority voting rather than consensus, to overcome the paralysis of COPUOS. This, however, can only be a temporary solution. The author makes an urgent plea for a return to COPOUS and its methods.     

Intellectual property rights and space activities

On 5 and 6 December 1994, a two-day workshop was organised by the European Space Agency (ESA) and the European Centre for Space Law (ECSL) at ESA's Headquarters in Paris on the theme ‘Intellectual property rights and space activities: a worldwide perspective’. It was attended by some 90 participants and 16 papers were presented, analysing legal and policy issues with regard to intellectual property rights (IPRs) and space activities in a world context.     

Outer space exploitability: International law and developing nations

This article outlines the principles upon which international space law is based. Space law has been successful so far in benefiting the developing countries without hampering the spacefaring nations. The principal treaty provisions that are of special interest to developing nations are discussed, and issues associated with remote sensing, communications and environmental harms are examined in detail. Since 1967 there has been a sharp change in the focus of legal concern towards ‘taking into account the particular needs of developing countries’, a principle that will be central to arrangements for the equitable sharing of the benefits of exploiting the space environment and its natural resources.     

Policy and regulatory risk considerations for satellite communications

The London Institute of Space Policy and Law is presenting a series of seminars on risks associated with space activity and its insurance, aimed at fostering better understanding of the risks particular to commercial space projects, and at encouraging appropriate policy measures. Seminar IV-I on 5 February 2010 focused on policy and regulatory risk considerations for satellite communications. After an introduction by the seminar chair Jeremy Rose, senior consultant at telecommunications consultancy Comsys, and a welcome from Institute Director Sa'id Mosteshar, four speakers outlined the ideal regulatory framework for satellite communications, as well as current regulatory and policy risks at the international, regional and national level. Risks were discussed in ITU, EU and UK procedures and policies and debate was continued from the floor. The event's rapporteur summarizes the issues highlighted by the speakers and some of the interventions from the floor.