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.     

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.     

Legal regulation of space activities in Russia

Space activities in the former USSR were regulated by numerous decisions and regulations, most of them inaccessible to the public. But despite its important space programme the state had no specific space legislation. The country's lawyers for years argued the necessity for a unified space act and the creation of a space agency. The authors of this article discuss the regulation of space activities since the break-up of the USSR. The situation is considered in two aspects: the legal regulation of cooperation within the Commonwealth of Independent States (CIS) in the exploration and use of outer space, and the legal and organizational bases of space activities in Russia after the creation of the Russian Space Agency in 1992. Appropriate agreements and other legal documents are considered.     

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.     

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.     

Privatization and militarization in the space business environment

Space business competition is presently fueled by two paradoxical phenomena. First, accelerated privatization of space projects leads to the militarization of outer space. Second, this militarization process in turn leads to the increased control of space ventures by a handful of nations. In other words, commerce and the military are going hand in hand to assert national objectives in outer space, no matter what space treaties and international agreements might say, so far. This could be detrimental to the multilateral cooperation spirit that should prevail in many, if not all, outer space ventures, as a consequence of the uniqueness of that environment.     

Leadership in space transportation

Rather than aiming at overall preemenence in space, as in the past, it is important for the USA now to specify goals and objectives for its space programme. In the space transportation market, the USA faces long-term competition. Planned properly, the Space Shuttle, Space Station and transfer stages can be used as a unique transport system, forcing other suppliers to compete on US terms. Such a total transport service system could also include ELV support. In entering into international space agreements, the government must take into account the objective of maintaining the competitiveness of the US commercial sector.     

Brazilian-Chinese space cooperation: an analysis

This paper aims to examine some of the most important juridical issues raised during the short, but rich, history of Brazilian-Chinese space cooperation. It tries to assess the effectiveness of the agreements signed by these countries on space matters.At the same time, it seeks to present the political and legal concepts which founded the main phases of this history.     

International cooperation in space — new opportunities, new approaches : An assessment

Now that the Cold War is over, the authors of this Viewpoint believe that in the interests of the USA as well as the rest of the world international cooperation should become a more fundamental element of US space policy. Cooperative agreements will not always be easy to reach and will require creative statecraft. To that end the USA should take the initiative in establishing a high-level international policy forum to facilitate discussions on the main goals and objectives to be served by international cooperation in space.     

Outer space,Geneva and the Conference on Disarmament: Future directions

Global dependence on the space sector is increasing rapidly. However, the growing challenges outer space poses to international security have not, as yet, been effectively addressed in the United Nations Conference on Disarmament (CD) or in other multilateral fora. This paper briefly reviews the current state of affairs of international security and outer space and explores the challenges the international community faces in building international agreements for improved space security and global stability. It examines some of the hurdles that are faced in tackling space security issues are and provides some thinking on ways to overcome them. The paper concludes that there is a potential role for the disarmament community and the CD in particular. As potential conflicts in outer space emerge, having invested bodies and communities such as the CD and a strong cadre of disarmament diplomats and NGOs to act as an informed hub on space and disarmament issues is essential.     

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.     

Remote sensing and strengthening European security

Remote sensing and the use of satelites to monitor compliance with arms control and disarmament agreements have been among the focal points of the International Space Year. The interdisciplinary research project, Remote Sensing and European Security, is addressing this question. This article gives a brief survey of the latest developments in the field and summarizes the project's findings.     

The progress of astronautics in China

China now has thirty years of experience in space. This article traces the development of China's space efforts and the successes China has achieved in space technology, particularly satellites and launchers. China's future plans for space activities are examined, including plans for cooperation with friendly countries, manned space flight, facilities to launch larger space vehicles, and participation in a permanent space station.     

European initiative & strategy for prioritising and harmonising space technology R&D

This document outlines the objectives, strategy guidelines, and the approach for the harmonisation of European space technology activities, in line with and in support of the resolution “Shaping of the Future of Europe in Space”, adopted at the ESA Ministerial Council in May 1999.Under an overall ESA co-ordination, the European space sector is elaborating a technology strategy based on top-level priorities (Dossier 0), on the mapping of European development and competences and on a co-ordinated Space Technology Master Plan (ESTMP). This plan shall take into account the various European developments, industry capacities and budgets and shall enhance the complementary role of the various partners towards common objectives.The proposed strategy includes selection of priority activities as pilot projects for harmonisation. For these pre-selected pilot projects, agreements are required on responsibilities, leaderships, partnerships and budget commitments.     

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.     

Exploration of CASC's Commercial Space

China's commercial space activities started from the launch of Asiasat-1 satellite by a LM-3 launch vehicle on April 7, 1990. As the leading force in China's space industry, CASC has been committed to commercial space for nearly 30 years. The article describes CASC's advantages and activities in commercial space sector, as well as outlook for CASC commercial space development. The author concludes CASC is willing to coordinate and cooperate with state-owned and private companies and will create a new pattern for commercial space, opening up a new industry for space development and achieving more splendid achievement.     

A new paradigm for international cooperation in space exploration

In announcing a new Vision for the US space program, President George Bush committed the USA to “a long-term human and robotic program to explore the solar system”, via a return to the Moon, leading to exploration of Mars and other destinations. He also stated that other nations would be invited to join the vision. Many other nations have, or are developing, ‘exploration visions’ of their own. The potential for international cooperation therefore exists, both at the vision and program/project levels. This paper, based on Working Group discussions as part of an AIAA space cooperation workshop,¹ presents an approach for maximizing the return on all global investments in space exploration. It proposes an international coordination mechanism through which all these various national activities could be integrated into an inherently global enterprise for space exploration, a ‘virtual program of programs’. Within the context of the coordination, individual activities would utilize the full range of cooperative mechanisms for implementation. A significant benefit of this mode of conducting cooperation is that it would not require the negotiation of complex overarching international agreements as a precondition for initiating international activity.     

The UK parliamentary space committee: The emergence of a space lobby?

In the past few years the UK has become increasingly active as the financial conscience of the European Space Agency. This is not because the UK government has a wish to spend more on its national space effort; it is because it remains unconvinced of the benefits of certain European space activities, notably manned endeavours. In the absence of an effective UK space lobby, the government's policies have remained largely unchallenged. This article traces the growth of the Parliamentary Space Committee in the context of developments in recent European space policy and highlights the need for an active UK space lobby.     

Estonian space policy and governance in the international space community

Despite the global financial crisis, which dominated 2008 and the first half of 2009, Estonia has decided to invest in a space programme. Estonia has extensive experience in the field of astrophysics and has developed capacities in various areas of remote sensing applications. It is on its way to becoming an active ESA partner. This article examines how Estonia is setting its way as a space nation and describes the new context and the role that various bodies are playing in the process. The paper describes the vision and strategy for space activities in the country. An overview of the possible measures to be taken to support the enterprises and scientific institutions with the highest potential for space cooperation is discussed, as are various risks in making progress in the space field, and measures for overcoming these.