The CPR approach to space sustainability: Commentaries on Weeden and Chow

Space sustainability is emerging as a core element of national policy and international initiatives. At this time, however, a coherent strategy and supporting policies have not been developed. To initiate a conversation to develop such a strategy, the authors have applied the principles developed by Elinor Ostrom for terrestrial common-pool resource (CPR) governance to near-Earth orbit in space. A concern arises as to whether Ostrom's eight principles are a good “fit” for application to space CPR because of the unique physical characteristics of space and the legal underpinnings of our presence there. This commentary will address selected issues raised by Weeden and Chow, and suggest alternative ways to approach near-Earth orbit sustainability.     

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.     

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.     

One hundred US EVAs: a perspective on spacewalks

In the 36 years between June 1965 and February 2001, the US human space flight program has conducted 100 spacewalks, or extravehicular activities (EVAs), as NASA officially calls them. EVA occurs when astronauts wearing spacesuits travel outside their protective spacecraft to perform tasks in the space vacuum environment. US EVA started with pioneering feasibility tests during the Gemini Program. The Apollo Program required sending astronauts to the moon and performing EVA to explore the lunar surface. EVA supported scientific mission objectives of the Skylab program, but may be best remembered for repairing launch damage to the vehicle and thus saving the program. EVA capability on Shuttle was initially planned to be a kit that could be flown at will, and was primarily intended for coping with vehicle return emergencies. The Skylab emergency and the pivotal role of EVA in salvaging that program quickly promoted Shuttle EVA to an essential element for achieving mission objectives, including retrieving satellites and developing techniques to assemble and maintain the International Space Station (ISS). Now, EVA is supporting assembly of ISS. This paper highlights development of US EVA capability within the context of the overarching mission objectives of the US human space flight program.     

Lessons learned from Mir--a payload perspective

Among the principal objectives of the Phase 1 NASA/Mir program were for the United States to gain experience working with an international partner, to gain working experience in long-duration space flight, and to gain working experience in planning for and executing research on a long-duration space platform. The Phase 1 program was to provide the US early experience prior to the construction and operation of the International Space Station (Phase 2 and 3). While it can be argued that Mir and ISS are different platforms and that programmatically Phase 1 and ISS are organized differently, it is also clear that many aspects of operating a long-duration research program are platform independent. This can be demonstrated by a review of lessons learned from Skylab, a US space station program of the mid-1970s, many of which were again “learned” on Mir and are being “learned” on ISS. Among these are optimum crew training strategies, on-orbit crew operations, ground support, medical operations and crew psychological support, and safety certification processes.     

Planetary preservation: the need for legal provision

The Earth has been hit by NEOs many times in its history and there is always a risk that this will happen again. While we are beginning to acquire the technology that could warn of and divert a future collision, the legal instruments needed to facilitate a global response to the problem are lacking, especially given that the most likely means of diverting a NEO would involve nuclear weapons that could also be used on Earth. An analysis of the current legal situation is used to support the argument that new rules must be created. The author also discusses US Air Force policy on the subject and whether planetary defense is consistent with its goal of achieving and sustaining US superiority in space.     

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.     

Pricing policy and legal issues: 6th and 7th EOPOLE workshops

The following report presents the main conclusions of the sixth and seventh EOPOLE workshops, held in Hydra, Greece, 3–4 May and Leiden, the Netherlands, 3–5 July 2000, respectively. The objectives of the first workshop were to evaluate different approaches to pricing policy and to assess how new developments in Earth observation and information technology are having an impact on Earth observation data pricing policy. Those of the second were to assess the constraints that legal frameworks impose on Earth observation and to explore ways in which they can be used to its advantage.     

Between heaven and earth: The legal challenges of human space travel

Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy.The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities.This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the ‘exploration and use of outer space […] shall be carried out for the benefit and in the interests of all countries […] and shall be the province of all mankind’. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.     

Insurance strategies for covering risks in outer space: a French perspective

With the growth of commercial activities in outer space, insurers have found an emerging new market. Insurance policy for space satellites has been built chiefly in France and the USA and underwent various crises in the 1980s and 1990s. While the main risks have been more or less identified, their occurrence has shifted from the launch phase to the orbital period over the past few years. At the same time, the duration of insurance policies has been extended up to five years in certain cases, with an adverse effect on profits. The dual-use nature of most spacecraft also makes it difficult to obtain data necessary for the precise identification of risk. An analysis of the space insurance market and its contractual regime is presented, with the aim of identifying emerging trends, and the means by which insurers can develop this still immature sector without compromising their profits.     

Crafting a legal framework for a coherent future structure for European Space Activities

As ESA and the EU seek to formalise and regulate their new, closer relationship, a major research project being carried out at the University of Cologne aims to analyse the pros and cons of the various possible models of cooperation. This report describes the aims and methods of the project. One task it has set itself is to propose solutions to the legal problems that will inevitably arise when two organisations with differing constitutions and memberships get together.     

Nuclear propulsion—a historical perspective

Those who fear development of nuclear propulsion for space travel forget that considerable work on it has already been done, starting in the 1950s, and that the concept of a nuclear rocket was safely and successfully tested in the 1960s. This article describes the history of the US Nuclear Engine for Rocket Vehicle Application programme, with technical details of its development. Although funding for the programme ceased in the 1970s, there is no reason to suppose that the concept would not work today.     

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.     

International participation and the space station : A contractor's perspective

This article presents the views of the Boeing company on the benefits and disadvantages of international participation in the space station. The author outlines the company's goals within the project, and makes some recommendations on how to reduce the concerns which arise from international cooperation, in order to maximize the benefits which could be achieved.     

Soyuz in French Guiana: A strategic perspective

After a proposition from Russia to France, ESA agreed to see Soyuz rockets take off from French Guiana. From industry, to governments and agencies, many Russian and European actors were involved in this project and they all had different motives. It is therefore relevant to try to discern them so as to understand the rationale behind this cooperative endeavor. Soyuz's primary role is to consolidate Arianespace commercial position in the launching market and to bring activity and founding to a stagnating Russian space sector. With this decision Arianespace will have a full range of commercially available launchers with Soyuz completing the two European rockets Vega and Ariane V. But since Vega and Ariane must have the priority, there is a risk to see an insufficient launch rate for Soyuz, which would not satisfy the Russian partners. Commercial elements alone cannot justify the agreement. There is a larger strategic ambition behind. What is at stake is the future development of innovative launch systems. It is important for ESA to maintain an autonomous access to space and to maintain a dynamic and strong European propulsion industry. Cooperation with Russia can offer an increase of expandable rockets capabilities and can pave for the next generation of launch vehicles. Moreover, we can detect an interest in acquiring a system that has the potential for human space flight capacity. Finally, the decision to launch Soyuz from French Guiana was the conjunction of Russian and French national interests, which led to a complete redefinition of the relations between Europe and Russia. It is of strategic importance that we, Europeans, adapt to this evolution and understand the new place that Russia takes in our space sector.     

The fair and responsible use of space: An international perspective

Over 60 high-ranking professionals participated in ESPIs’ jointly organised November 2008 conference on “The Fair and Responsible Use of Space”. With space applications being central to modern interactions and more and more actors becoming involved in space activities, the conference investigated how an equitable and responsible utilisation of space can be achieved for all relevant actors. By outlining the current space security situation, it identified and analysed key challenges to the achievement of such use of outer space. The conference themes and discussions are reported here, as are the 10 steps identified as necessary for the achievement of an equitable use of space.     

The men who sold the Moon: science fiction or legal nonsense?

Previously the exclusive domain of science-fiction novels, the sale of extraterrestrial real estate has nowadays become a favourite feature of tabloid reports. This article critically analyses and dismantles with legal arguments the issue of the sale of extraterrestrial land, after having outlined some of the trivial claims of ownership of celestial bodies. From Dennis Hope's lunar claim to the alleged Martian trespass by NASA's Pathfinder, the only consequence these claims have on the legal plane is to highlight the need for better regulation of extraterrestrial landed property rights.     

“大思政”视域下应用型本科高校工匠精神培育路径

工匠精神是职业道德、职业能力和职业品质的综合体现。工匠精神培育,是应用型本科高校培育社会主义核心价值观的内在要求和人才培养的客观要求。针对当前主要问题,结合学生层次水平和教育实践经验,应用型本科高校可在大思政视域下,一方面基于一条主线、两个结合、三维背景、四位模块、五方资源构建广谱式培育路径;另一方面从培养目标、培养模式、考核制度等方面对拔尖工匠型人才探索聚焦式培养策略,以实现工匠精神的系统培育。