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.     

Psychosocial interactions during ISS missions

Based on anecdotal reports from astronauts and cosmonauts, studies of space analog environments on Earth, and our previous research on the Mir Space Station, a number of psychosocial issues have been identified that can lead to problems during long-duration space expeditions. Several of these issues were studied during a series of missions to the International Space Station. Using a mood and group climate questionnaire that was completed weekly by crewmembers in space and personnel in mission control, we found no evidence to support the presence of predicted decrements in well-being during the second half or in any specific quarter of the missions. The results did support the predicted displacement of negative feelings to outside supervisors among both crew and ground subjects. There were several significant differences in mood and group perceptions between Americans and Russians and between crewmembers and mission control personnel. Crewmembers related cohesion to the support role of their leader, and mission control personnel related cohesion to both the task and support roles of their leader. These findings are discussed with reference to future space missions.     

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.     

A new role for a new millennium? The changing nature of space activities

Space activity has lost the momentum it had in the past. During the Cold War the use of space was constrained by specific political and military conditions which gave it a strong but narrow identity. The aerospace industry, in particular, was in a position to develop protected and exclusive ties with the public sector. These times have passed and diminishing competition between the two main space powers has had consequences for the planning of major space undertakings. Space activity is in the process of being thoroughly transformed as it is forced to become more connected to general economic and industrial activity, especially in the field of information. An opportunity for a sector that has been struggling could also prove to be risky as space activity is losing some of its previously strong identity. Space currently seems to lack the high level of public support from governments it once enjoyed, while not finding an alternative in the industry itself to this declining investment. This situation should lead both the space community and the political authorities to consider new general space applications that will be more in line with the preoccupations of our modern societies and thus contribute to solving the principal global issues of tomorrow.     

Technology Transfer--Bridging Space and Society. The Students of the Technology Transfer Design Project Team (ISU Summer Session 1997)

Strategies, policies and methods by which technologies can he cross-fertilized between the space and non-space sectors were examined by students of the design project "Technology Transfer--Bridging Space and Society". This project was undertaken by students attending the 1997 10th Anniversary Summer Session Program of the International Space University. General issues relating to transfer of technology were discussed including definitions and mechanisms (push, pull, interactive and pro-active). As well as looking at case studies and the impact of national policies on space agencies, the design project also sought to look at technology transfer on a country-by-country basis, selecting various countries for scrutiny and reporting on their technology transfer status. The project report shows how transfer of technology varies between nations and when analyzed with the case studies identifies the general strategies, policies and methods in use and how they can he improved. Finally, the report seeks to recommend certain issues to governments, space agencies and industrial organizations to facilitate the transfer of technology. These include the development of a generic metrics system and the implementation of better appropriate procedures and mechanisms for a positive diffusion process between space and non-space sectors.     

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.     

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.     

The US national space transportation policy: issues for congress

Below is a summary of what was to be the first in a series of reports produced by the Office of Technology Assessment (now defunct) on policy for the USA's future space transportation technology and industrial base. It examines the Clinton Administration's 1994 National Space Transportation Policy and supporting implementation plans and raises and analyses such issues as conflicts and redundancies within NASA and DoD space transportation development programs; competition and cooperation with foreign launch vehicle and component providers; US government limits on the conversion of long-range missiles to space launchers in the face of Russian activity in this area; and the effectiveness of Administration efforts to include the private sector in space transportation decision making. Some issues not covered in the Policy are also discussed.     

International space programmes and policies : N. Jasentuliyana and Ralph Chipman, eds North Holland, Amsterdam and New York, 1984, 552 pp, $65.00

The Second United Nations Conference on the Exploration and Peaceful Uses of Outer Space ( 82) identified crucial problems and made recommendations on strategies for developing countries to bridge the gap with advanced nations in the area of space technology. This article addresses some issues which, although implicit in the Report, are not discussed in detail therein. The role of space science and related scientific research is particularly emphasized. Close attention is paid to the role of human factors, such as the motivation to conduct research, the motivation to engage in international cooperation, and the motivation to utilize and exploit space. Possible opportunities for space research for developing countries, as well as relevant issues concerning management of space, are briefly discussed.     

临近空间测控系统技术特征分析

临近空间飞行器的兴起对测控与信息传输（以下可简称测控）系统提出了与传统航天、航空     

Space development: social and political implications

Far-reaching social and political issues are implicit in any discussion of large-scale space development. This Viewpoint argues that the evolution of appropriate political institutions to deal with these issues is likely to be at least as important as the development of new technology. If large-scale space development is to take place, global international cooperation will be essential and such cooperation will have to be underpinned by enhanced institutional and legal structures. In the shorter term, an appropriate institutional response may be the creation of a World Space Agency. However, in the longer term, we should probably view a world space programme as falling within that class of global concerns that would be most appropriately managed by a federal world government.     

On strengthening the role of COPUOS: Maintaining outer space for peaceful uses

This article discusses the role of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), and the importance of strengthening it in line with new developments in outer space. The author is particularly concerned about the growing threat of the militarization of space, and the issues of contamination, pollution and space debris. Existing international legal provisions are reviewed, and important provisions to maintain COPUOS's primary role are suggested.     

Options for space — proposal for a programme

Because of the physical scale of human operations at present, we need to extend them into the Solar System for sustainability and into interstellar space for knowledge. Stabilizing the population on Earth, as well as reducing poverty, is vital, as is a more environmentally appropriate demographic transition than the historical one. Space assets can contribute most to strategic threats in areas like power and minerals and can also assist global education. Such public interest is important as education, but it is vital to remember that a certain level of precision in materials and engineering is needed before ideas become realizable. The crucial step is to turn the space environment to an open market and override the present government monopoly constraint. As a start, a Center for International Space Industrialization Research (CSIR) is to be set up as a model for the better understanding of the issues involved, thus making a case for strategic investment for space assets.     

The participation of developing countries in space research

The Second United Nations Conference on the Exploration and Peaceful Uses of Outer Space (Unispace 82) identified crucial problems and made recommendations on strategies for developing countries to bridge the gap with advanced nations in the area of space technology. This article addresses some issues which, although implicit in the Unispace Report, are not discussed in detail therein. The role of space science and related scientific research is particularly emphasized. Close attention is paid to the role of human factors, such as the motivation to conduct research, the motivation to engage in international cooperation, and the motivation to utilize and exploit space. Possible opportunities for space research for developing countries, as well as relevant issues concerning management of space, are briefly discussed.     

Precursor to an African Space Agency: Commentary on Dr Peter Martinez “Is there a need for an African Space Agency?”

In 2012 a working group was established to formulate the African space policy and strategy which would lead to the establishment of an African Space Agency (ASA). Dr Peter Martinez asserts in his article “Is there a need for an African Space Agency?” [1] that the arguments that have been posited in support of an ASA are flawed; namely the arguments of the existing example of the European Space Agency (ESA), and that an ASA would lead to fostering competition, synergy, industrial development and capacity building. While this viewpoint agrees that all the perfect conditions may not exist at present for the creation of an ASA, it addresses some of the issues raised by Martinez, and proposes ideas to foster intra-regional cooperation.     

Space policy challenges facing the Barack Obama administration

President Barack Obama faces space policy challenges in security, commercial and civil areas in an era in which the use of space assets for these ends is irreversible. The very future of space is linked to addressing the challenges within the first term of the Obama administration. This paper draws on, but does not attempt to summarize, discussions at the National Space Forum 2008 organized by the Eisenhower Center for Space and Defense Studies at the United States Air Force Academy and the Center for Strategic and International Studies (CSIS) in Washington, DC. The goal of the forum was to examine the key decisions that will need to be made in regard to space policy by facilitating debate among the security, commercial and civil space sectors, and the broader national policy community. The paper focuses on choices which, for budgetary or other reasons, cannot be delayed. A brief discussion of the issues surrounding each choice is presented, followed by the implications of pursuing different choices. One key assumption underlies everything: resources available for activities in space will not grow significantly in real terms over the course of the Obama administration.     

Preparing EMU for Space Station

In today's fiscally constrained environment, it can be expected that systems designed for one space program will increasingly be used to support other programs. The example of the U.S. extravehicular mobility unit (EMU), designed for use with the Space Shuttle, and now part of the baseline for the International Space Station (ISS) program, illustrates the adaption process. Certifying the Shuttle's EMU for use aboard ISS requires addressing three fundamental issues: Identifying new ISS requirements to be imposed on the EMU. Extending Shuttle's EMU on-orbit service interval to meet ISS's longer missions. Certifying Shuttle's EMU to meet new environments unique to ISS. Upon completion of the certification process, Shuttle's EMU will meet all requirements for supporting both the Shuttle and ISS program. This paper discusses the processes for addressing these issues and progress to date in achieving resolution.     

The “peaceful purposes” principle in outer space and the Russia–China PPWT Proposal

Using the global commons for “peaceful purposes” is agreed upon among states in principle but disputed in substance. While non-militarization has been superceded by the doctrine of non-aggression, the latter, as a necessary rather than sufficient condition for “peaceful purposes”, is tested to its limit by the pressing issue of space weaponization. An international treaty to plug the gaps of the Outer Space Treaty should be negotiated. This would require the prohibition of both weapons in outer space and anti-satellite weapons on Earth. The Draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects, proposed by Russia and China at the Conference on Disarmament, is an effort in this direction. However, divided views are held on several issues arising from the draft treaty, e.g. the efficiency of the current regime of outer space law, definitions of “weapons in space” and “threat or use of force”, and verification. A primary reason for US opposition to the draft treaty are security concerns over its space assets. However, exercising the right of self-defense is excluded from the obligations of disarmament and this is explicitly affirmed in the draft treaty.     

Human dimensions in space development

Space exploration is now moving beyond the stage when technical development dominated research. As thinking shifts towards the problems of long-term colonization of the Solar System, the biological and behavioural sciences must make major contributions. This article outlines some of the issues which must be addressed, such as group behaviour and dynamics in space flight, the environment created at space stations and other outposts, recruitment and training of suitable spacefarers, and the planning and governing of space settlements. Ten dimensions of the human aspect of space habitation are described and an indication given of how they may form the basis for a new taxonomy of space planning, operations and management.     

空间因特网与空间测控

空间因特网的建立是空间数据系统发展的必然趋势,CCSDS提出在2020年建立行星际因特网,全世界各国空间组织的技术专家们已展开对下一代空间因特网的研究。文章从空礼数据系统现状出发,分析了建立空间因特网需要解决的问题,并探讨了空间因特网的实现将对空间测控带来的影响。