International law, transport: space and aerospace law Books

Book SynopsisCurrently, perhaps the most complicated and challenging undertaking in outer space is the building of the International Space Station, the ISS. The recent decision to use the ISS also as a facility for pre-commercial research and development in a microgravity environment, inviting commercial enterprise on board, only enhanced such complications and challenges. As a consequence, the major question arises to what extent these are held in check by a sound and effective legal and regulatory regime, e.g. pertaining to criminal liability or intellectual property rights. The present book offers the first overview of applicable law and regulation which is not merely superficial, as well as some directions for future legislative and regulatory developments, written by a number of highly reputed experts in space law. The analysis, finally, is with a clear focus on the European situation in view of the particularities which increasing ESA and EU involvement in space activities bring with them.Trade Review'This well-written and informative book deals with a prospective commercial utilization of the International Space Station (ISS).' 'The book's value is greatly enhanced through an extensive Table of Treaties, EC Legislation, and Documents of International Organizations.' Carl Q. Christol, Space Policy 23 (2007) 62.Table of ContentsForeword, V.S. Vereshchetin, Acknowledgements, Contributors, Table of Treaties, EC Legislation, and Documents of International Organisations, Acronyms and Abbreviations , A European Legal Regime for Commercial Utilisation of the International Space Station?, M.M.T.A. Brus and F.G. von der Dunk, The International Space Station Past, Present and Future – An Overview, S. Rosmalen, The International Legal Framework for European Activities on Board the ISS, F.G. von der Dunk, A Policy and Legal Framework for Commercial Utilisation, M. Belingheri, ESA Policy and Impending Legal Framework for Commercial Utilisation of the European Columbus Laboratory Module of the ISS, R.P. Veldhuyzen and T.L. Masson-Zwaan, The IGA and ESA: Protecting Intellectual Property Rights in the Context of ISS Activities, A.M. Balsano and J. Wheeler, Jurisdiction and Liability Issues in Carrying out Commercial Activities in the International Space Station (ISS) Programme, A. Farand, A Database from Space: The Legal Protection of Data Created or Collected in Outer Space under the 1996 European Database Directive, D.J.G. Visser, A Proposal for a Protocol to the Intergovernmental Agreement on the ISS: Private Law Matters , P.P.C. Haanappel, Disciplinary and Criminal Law in Space, T.A. de Roos, The EU Constitutional Treaty and Space: Towards EU Jurisdiction on Board a Space Station?, S. Hobe and T. Reuter, British Law and the International Space Station, F. Lyall, Legal Aspects of Commercial Utilisation of the International Space Station – a German Perspective, L.J. Smith, Italy and the Commercial Utilisation of the International Space Station, V. Iavicoli, Spanish Law and the International Space Station, J. de Faramiñán Gilbert, Annexes, Index.

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Book SynopsisThe increasing involvement of private enterprise in the conduct of space activities raises key issues with respect to international space law which has left it to national law to implement relevant rules vis-à-vis private enterprise. Almost unavoidably, such national implementation regimes differ largely across individual states. This is also true in Europe, where the issue is further compounded by the fundamental – but fundamentally different – roles of ESA and the European Union. Focusing on Europe, the present book thus represents the first comprehensive effort to discuss national authorisation schemes not country by country but theme by theme, so as to allow for a real comparison of the lack of harmonisation or even coordination, and the possible problems which may result.Trade Review"In conclusion, the book offers a unique and complete presentation of space legislation in both European and major non-European countries with reference to international space laws. All relevant aspects are examined, like liability, environment, national security, space tourism and competition law. The book represents an excellent basis for designing the way forward for a space law harmonisation process in the European Union." Alfredo Roma, Space Policy, Volume 28, issue 2, May 2012.Table of ContentsAuthors’ biographies; Foreword – Dr. P. Hulsroj; Introduction – Prof. Dr. F.G. von der Dunk; 1. The Origins of Authorisation: Article VI of the Outer Space Treaty and International Space Law Prof. Dr. F.G. von der Dunk ; 2. Brief Overview of National Authorisation Mechanisms in Implementation of The UN International Space Treaties Prof. Dr. I. Marboe & F. Hafner ; 3. Granting Access to Outer Space: Rights and Responsibilities for States and Their Citizens – An Alternative Approach to Article VI of the Outer Space Treaty, Notably through the Belgian Space Legislation Mr. J.F. Mayence; 4. Liability in the Context of National Authorisation Prof. Dr. A. Kerrest de Rozavel & Prof. Dr. F.G. von der Dunk; 5. Insurance in the Context of National Authorisation Mrs. C. Gaubert; 6. Environmental Protection and Space Debris Issues in the Context of Authorisation Mr. R. Tremayne-Smith; 7. Safeguarding National Security and Foreign Policy Interests – Aspects of Export Control of Space Material and Remote Sensing Activities in Outer Space Dr. M. Gerhard & Dr. M. Creydt; 8. The Issue of National Security in the Context of National Space Legislation – Comparing European and Non-European States Prof. Dr. F.G. von der Dunk; 9. Space Tourism – The Authorisation of Suborbital Space Transportation Dr. M. Gerhard; 10. Authorisation of Space Activities after the Entry into Force of the EU Reform Treaty Dr. B. Schmidt-Tedd; 11. EU Competition Law and Issues of National Authorisation of Private Space Activities Prof. Dr. L.J. Smith; List of abbreviations and acronyms; Table of important legal documents; Index.

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Book SynopsisThis volume brings together a fascinating collection of essays on air law, approached from national, European and international perspectives. These perspectives often interact, always interestingly, but not necessarily harmoniously, a theme which forms a Leitmotiv in the writings, reports and pleadings of John Balfour, to whom the volume is dedicated. Written by a diverse group of experts in the field of air law, the collection is divided into three parts: Public Air Law, EU Air Law and Private Air Law.Table of ContentsPreface; Sovereignty in the Sky Lauren Payne; About John Balfour; Curriculum Vitae; List of Abbreviations; Part A Public Air Law 1 A Substantive and Procedural Critique of the U.S. Open Skies Policy Brian F. Havel; 2 New Rules on Concordato Preventivo (Composition with Creditors) in Italian Law and their Repercussions on Aviation Claims Anna Masutti; 3 The Technical Defragmentation of Air Navigation Services – The Legal Challenges of Virtualisation Francis Schubert; 4 Taxes and Charges under the Chicago Convention Mark Bisset; 5 Aircraft Registration: Challenges under German Law P. Nikolai Ehlers; 6 Article 83bis (Revisited):Transfer of Safety Oversight Responsibilities Seen from a European Regulator’s Perspective Frank Manuhutu; 7 How to Sell Tickets – IATA’s New Distribution Capability (NDC): A New Model? Mia Wouters; Part B EU Air Law 1 Regulatory Air Transport Developments in the European Union Peter Haanappel; 2 Regulation 261/2004 – Passengers’ Right to Compensation in Case of Flight Delay. Looking for a Fair Balance of Interests. The Role of the Court of Justice of the EU and the Risk to Waste a Chance for Reform Laura Pierallini; 3 Locked Out of Heaven: The Air Greenland Case and Extraordinary Circumstances Morten Lundqvist Jakobsen and Jacob Skude Rasmussen; 4 Cooperative Agreements in the Aviation Sector and EU Competition Law Philippe Ruttley and Solange Leandro; 5 Disproportionate Jurisprudence: The CJEU’s Approach to Proportionality in Regulation 261/2004 Alan Meneghetti and Thomas van der Wijngaart; 6 Portugal and the New Age of Discovery – Navigating the New World of Sale, Acquisition and Privatization via the Waters of Competition Geoffrey Graham; 7 John Balfour’s Contribution to IATA Leadership in the Airline Industry Lorne Clark; Part C Private Air Law 1 International and National Aviation Rules Versus Consumer Protection Regulations: A Comparative Report on the Position of Latin American Countries in Relation to EU Regulation 261/2004 Elizabeth Freidenberg; 2 Aerial Conflicts of Law: An Analysis of Conflicts of Law Rules as Applied to Aircraft Berend Crans; 3 Scratching Beneath the Surface: The Unlawful Interference Convention 2009 Michael Gill; 4 Climbing Every Mountain: A History of Change, Transition and the Rise of Consumerism in the Airline Industry Viewed from the Insurance Perspective Philip Chrystal; 5 Jurisdiction under and Exclusivity of Private International Air Law Agreements on Air Carrier Liability: The Case of Airbus versus Armavia Airlines (2013) Pablo Mendes de Leon; 6 The Malaise Affecting the Global Uniform Effectiveness of the Montreal Convention, 1999 (MC99) George N. Tompkins Jr. .

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Book SynopsisIn How High the Sky?, jurist Thomas Gangale explores the oldest and most important controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin? Even though nations did not object to the first satellites flying over their sovereign territory, after more than six decades there is still no international agreement on how low the right of space object overflight extends, nor are there agreed legal definitions of “space object” and “space activity.” Dr. Gangale brings his background as an aerospace engineer to bear in exploding long-held beliefs of the legal community, and he offers a draft international convention to settle the oldest and most intractable problems in space law.Table of ContentsForeword: Into the Lion’s Den Once Again Acknowledgements List of Illustrations Abbreviations 1 Opening Arguments 2 The Genesis of the Delimitation Issue 3 The Political Approach: A Fistful of Theories 4 The Political Approach: For a Few Theories More 5 The Spatial Approach: Arbitrary Altitudes 6 The Spatial Approach: Natural Phenomena 7 The Spatial Approach: Aerodynamic Lift 8 The Spatial Approach: Myths and Misconceptions 9 The Spatial Approach: Aerostatic Buoyancy 10 The Spatial Approach: Lowest Perigee 11 The Functional Approach: Security of the State 12 The Functional Approach: Its Rise and Stall 13 The Functional Approach: What Are Space Activities? 14 The Functional Approach: What Are Space Objects? 15 What Is Outer Space? 16 A Temporal Approach 17 National Practices and Legislation 18 Right of Passage 19 Effective Control and State Interest Reconsidered 20 A Hybrid Approach 21 A Draft Space Delimitation Convention 22 Practical Considerations and the Convention 23 The Outer Limits 24 Summation Appendix 1: Altitudes of Interest with Regard to Spatial Delimitation Appendix 2: Space Object Perigees below 100 Kilometers Appendix 3: Selected Suborbital Flights Appendix 4: Space Vehicle Reentry Altitude and Range Profiles Appendix 5: Space Vehicle Ground Tracks Appendix 6: Draft Convention Regarding Delimitation Appendix 7: Proyecto de Convenio Relativo a la Delimitación Appendix 8: Projet de Convention Concernant la Délimitation Appendix 9: Проект Конвенция Относительно Разграничении Appendix 10: Progetto di Convenzione sulla Delimitazione Bibliography Index

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Book SynopsisIn the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.Table of ContentsAcknowledgments List of Abbreviations Introduction 1 US Law Trinity: Common Law, Statutory Law, and Contractual Law 2 Utility of the Inquiry  3Structure of the Work 1 The Risks of Commercial Human Spaceflight  1 Market Size and Loss Exposure  2 The Risks of Spaceflight to SFPs and Crewmembers.9  3 Conclusion 2 A Review of Liability Exposure and Ways to Manage It  1 The Existence of Liability (Otherwise Known as the Existence of Legally Attributed Accountability)  2 Parties: Who are the Plaintiffs? Who are the Defendants?  3 Defenses: Affirmative and Otherwise  4 Assumption of the Risk, Whatever That Means  5 Conclusion 3 Federal Legislation and Commercial Space  1 Commercial Space Licensing  2 Maximum Probable Loss  3 Federal Informed Consent  4 Federal Jurisdiction  5 Federal Cross-Waivers  6 What Does “Gross Negligence” Mean?  7 Conclusion 4 Federal Jurisprudence and Commercial Space  1 Understanding the Boundaries of Federal Jurisdiction  2 The Federal Jurisdictional Gap  3 Federal Preemption of State Statutes  4 The Nature of Federal Jurisdiction  5 Federal Contractual Choice-of-Law  6 Conclusion 5 Federal Choice-of-Law for Disputes Outside Federal Jurisdiction  1 Federal Supremacy v. State Sovereignty  2 Federal Law of Torts  3 Federal Choice-of-law Analyses: State v. Federal, State v. State  4 Interpretation of Federal Waivers under Federal Law  5 Conclusion 6 Exculpatory Agreements in Space Friendly States  1 The Complicated World of “Express” Assumption of the Risk  2 Waiver-Enforcement for Claims Brought by Heirs: General Overview  3 Avoiding Claims by Heirs via Statute: Following the Letter of the Law  4 Waiver-Enforcement between the Injured Party and the Operator Directly: a State-by-State Analysis  5 Conclusion 7 Express Assumption of Risk in Non-Space-Friendly States  1 Alaska  2 Arkansas  3 Connecticut  4 Georgia  5 Hawai’i  6 Idaho  7 Illinois  8 Kentucky  9 Michigan  10 Minnesota  11 Mississippi  12 Missouri  13 Nebraska  14 New Jersey  15 New York  16 North Dakota  17 Ohio  18 Oregon  19 Pennsylvania  20 South Carolina  21 Utah  22 Vermont  23 Wyoming  24 Conclusion 8 Statutes Limiting Liability for Space Activities  1 Spaceflight Entity  2 Participants or SFPs  3 Spaceflight Activities  4 The Degree of Culpability Immunized  5 Statutory Requirements of the Space Activities Statutes  6 Conclusion 9 Statutes Limiting Liability in Space Friendly States  1 Arizona  2 California  3 Colorado  4 Florida  5 New Mexico  6 Oklahoma  7 Texas  8 Virginia  9 Conclusion 10 Implied Assumption of Risk in Space Friendly States  1 Defenses in Tort: Contributory Negligence, Assumption of the Risk and Comparative Negligence  2 Assumption of the Risk’s Vexed Jurisprudence  3 State Law’s Continued Relevance  4 Conclusion 11 Medical Malpractice Suits against a Commercial Space Physician and the CHSF Operator by Co-employees and/or SFPS  1 Sources of Liability for CHSF Operators Employing CHSF Physicians  2 The Sources of Duty between the SFP/Crewmembers and CHSF Physicians: a Question of Scope  3 Physicians and CHSF Operators: Why have a Physician at All?  4 Crew and SFPS—Different Roles, Different Statuses  5 SFPs and CHSF Physicians  6 The Physician as an “Agent” of the Commercial Spaceflight Operator  7 Crewmembers and the CHSF Physicians: Co-employee Immunity  8 Conclusion Conclusion  1 The Phases of Spaceflight  2 Navigating the Fragmented Landscape of US Jurisprudence  3 The Federal Framework: From Federal Legislation to Federal Common Law  4 Express Assumption of the Risk: Drafting is Key!  5 Space Activities Statutes: What is Left after the Dust Settles?  6 Muddling Through the Defense of Implied Assumption of the Risk  7 What’s Up Doc? Aerospace Medicine Physicians within the Spaceflight Framework  8 Closing Remarks Bibliography Appendix Index

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Book SynopsisThe creation of the U.S. Space Force triggered an outpouring of responses ranging from ridicule and derision, to applause and relief, to fear and concern. It also raised questions about the future of conflict in outer space. Through an exploration of the legal context of military space activities, the history of American military space policy, and Great Power space interactions during and after the Cold War, The United States Space Force and the Future of American Space Policy ultimately concludes that the U.S. Space Force is a natural outgrowth of American space policy, but is no more likely to threaten space security than previous activity in the space domain.Table of ContentsAcknowledgements Abbreviations 1 Introduction 2 Outer Space Law and the Concept of “Peaceful Purposes”  1 Introduction  2 Outer Space Law: The Legal and Treaty Regime  2.1 The Committee on the Peaceful Uses of Outer Space and Declaration of Legal Principles  2.2 The Outer Space Treaty: “Hard” Law for a New Domain  3 “Peaceful Purposes” Under the Outer Space Treaty  3.1 “Peaceful Purposes” as “Non-military” Use: A Fading, or Inapplicable, Interpretation?  3.2 “Peaceful Purposes” as “Non-aggressive” Use: The US (and Modern) Approach  4 Conclusions for United States’ Military Space Policy 3 American Space Security Policy: US Space Policies & Military Involvement from President Eisenhower to President Biden  1 Introduction  2 The Early Years: Military Missile Development and Sputnik i  3 Official United States Outer Space Policy and Law  3.1 President Dwight D. Eisenhower (1953–1961)  3.2 President John F. Kennedy (1961–1963) and President Lyndon B. Johnson (1963–1969)  3.3 President Richard Nixon (1969–1973) and President Gerald Ford (1973–1977)  3.4 President James Earl “Jimmy” Carter (1977–1981)  3.5 President Ronald Reagan (1981–1989) and President George H.W. Bush (1989–1993)  3.6 President William J. “Bill” Clinton (1993–2001)  3.7 President George W. Bush (2001–2009)  3.8 President Barack Obama (2009–2017)  3.9 President Donald Trump (2017–2021)  3.10 President Joseph R. Biden, Jr. (2021–Present)  3.11 US Domestic Space Legislation in the Security Context: A Brief Note  4 Conclusion 4 The United States Space Force: Organization, Mission, and Legal Implications  1 Introduction  2 Space Policy Directive-4 and the 2020 ndaa: Creating the Space Force  2.1 Space Policy Directive-4: Directing the Creation of the Space Force  2.2 ndaa 2020: The Official Birth of the Space Force  3 Making It So: The US Space Force’s Organization  3.1 Personnel and Organization  3.2 Basing  4 Semper Supra: The US Space Force’s Doctrine  5 Conclusion and Legal Implications 5 Outer Space Policy and the “Security Dilemma”: Is America Destined for Space Conflict?  1 Introduction  2 The Security Dilemma in International Relations Theory  3 American Space Security Policy and the International Community  3.1 True Security Dilemma?  3.2 Cold War Era American Space Security Policy  3.2.1 International Anarchy  3.2.2 Uncertainty, Fear, and Power Accumulation  3.2.3 Conclusions Related to American Cold War Space Policy  3.3 Post-cold War Era American Space Security Policy  3.3.1 International Anarchy  3.3.2 Fear, Uncertainty, and Power Accumulation  3.3.3 Conclusions Related to Post-cold War American Space Policy  4 Conclusion: The United States Space Force & the “Security Dilemma” 6 Conclusion: The Future of American Space Policy and Legal Development in a Post-ussf World  1 Introduction  2 Outer Space Law and the United States Space Force  3 The Future of United States Space Security Policy Appendices  Appendix A Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies  Appendix B Text of Space Policy Directive-4, “Establishment of the United States Space Force” (President Donald J. Trump, February 19, 2019)  Appendix C Publications Examining the Organization of Space Forces or the Creation of a Space-Oriented Military Service Branch (1994–2018)  Appendix D Portions of 2020 National Defense Authorization Act Pertaining to the Creation of the United States Space Force Bibliography Index

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Book SynopsisAccess to space technology has changed dramatically in the past 10 years. Traditionally, access to space capabilities required dedicated receivers and significant investment. With the advent of new information technologies that incorporate and disseminate the benefits of space directly to users, access to space technology is no longer so exclusive. As the seamless delivery of space capabilities, from navigation and position to data flows, makes it difficult to distinguish space capabilities from other information infrastructures, legal structures developed to govern space technologies are being forced into contact with a variety of other legal structures. Legal questions abound as new markets, innovative technologies, and increased data access emerge, and the lex specialis of space accommodates these trends. This book investigates how traditional space law is developing as space technology enters the daily lives of individuals everywhere.Table of ContentsForeword List of Figures and Tables Notes on Contributors 1 A Network of Governance   P.J. Blount 2 New Space Architectures – Connectivity and Cyber Security   André Adelsbach, Thomas Schaefer, George Tountas 3 Cybersecurity Threats to Space: From Conception to the Aftermaths   Sébastien Bonnart, Andrea Capurso, Antonio Carlo, Thea Flem Dethlefsen, Mclee Kerolle, Jonathan Lim, Aaron Pickard, Antonia Russo, and Laetitia Cesari Zarkan 4 Space Technology and Cybersecurity: Challenges and Technical Approaches for the Regulation of Large Constellations   Rada Popova 5 Disruptions of Satellite Communications: Comparing Cyber Attacks and Harmful Interference for the Purposes of Legal Regulation   Simona Spassova 6 Non-Geostationary Satellite Systems: New Rules of Bringing Them into Use and Phasing Their Deployment   Elina Morozova 7 Software Certification as a Limit on Liability: The Case of CubeSat Operations   Marco Crepaldi, Ross Horne, and Sjouke Mauw 8 Law and Policy of Data from Space: Satellite Navigation and Remote Sensing   Leopold Mantl 9 Space in Clouds and Clouds in Space – Dealing with Massive Amounts of eo Data   Ingo Baumann, Erik Pellander 10 EU Data Protection Considerations for the Space Sector   Laura Keogh 11 The Regulation of the ‘Open Data’ Policy and Its Elements: The EU Copernicus Programme Legal Perspective   Sandra Cabrera Alvarado Index

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Book SynopsisHas sufficient commonality in major spacefaring programs led to the formation of customary international law? As orbital debris continues to multiply in outer space, Lt Col. Marc G. Carns investigates whether, in the absence of a treaty to stem orbital debris growth, commonalities among major spacefaring programs establish customary international law regarding debris prevention and mitigation.Table of ContentsPreface List of Figures Abbreviations Introduction Access for All 1 The Debris Problem  1 Introduction  1.1 Early Recognition of the Risk of Space Debris  2 Space Debris Defined  3 Space Debris Creation  4 Identifying the Degree of Space Debris Accumulation—What Is Space ssa?  4.1 Who Is Responsible for ssa Management?  4.2 Other ssa Programs  4.3 How Are Space Objects (and Debris) Identified and Tracked?  4.4 How Does ssa Work  5 Conclusion 2 International Law and the Formal Space Treaties  1 Introduction  2 Public International Law  2.1 Development of Public International Law Related to Space  3 International Space Treaties  3.1 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies  3.1.1 Outer Space Treaty, Article i  3.1.2 Outer Space Treaty, Article ii  3.1.3 Outer Space Treaty, Article iii  3.1.4 Outer Space Treaty, Article ix  3.1.5 Outer Space Treaty, Article xi  3.2 The Remaining ‘Big 4’ International Space Treaties  4 Jurisdiction of Space Objects  5 Registration of Space Objects  6 Conclusion 3 Development of Customary International Law—Space Law and Debris Mitigation  1 Introduction  2 Basic Requirements of Customary International Law  2.1 Time Requirement of Customary International Law  2.1.1 How Important Is the Time Element of Customary International Law in Modern Times  2.1.2 Continuous Claim and Response  2.1.3 Harry S. Truman and the Continental Shelf—Testing the Time Requirement  2.1.4 Legitimacy of Instant Customary International Law in the Courts  3 Instant Customary International Law in Space Law  3.1 Post-Truman—Sputnik as the Next Use Case  4 International Efforts in Space Debris Mitigation—on the Cusp of Customary International Law  4.1 The United Nations Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space  4.1.1 Leading to the Mitigation Guidelines—Initial Assessments of Nation-State Efforts  4.1.2 From Analysis to Understanding—the Development of the Debris Mitigation Guidelines  4.1.3 From Understanding to Action—Drafting the Debris Mitigation Guidelines  4.1.4 Reviewing the Impact: Debris Mitigation Guidelines  5 International Telecommunications Union  6 Conclusion 4 The United States—Space Debris Mitigation, Prevention, and Policy  1 Introduction—US Space Debris Policy  1.1 Development of National-Level US Space Debris Policy  1.2 Orbital Debris Mitigation Standard Practices and spd-3  1.3 2020 US National Space Policy  1.3.1 The Six Principles of President Trump’s National Space Policy  1.3.2 The Eight Goals of President Trump’s National Space Policy  1.3.3 President Trump’s National Space Policy and Orbital Debris  1.4 Impact of odmsp Changes and US Policy  2 Federal Aviation Administration  2.1 Roles of the Federal Aviation Administration Office of Commercial Space Transport  2.2 Federal Aviation Administration Office of Commercial Space Transport Licensing  2.3 Requirements for Initial Licensing Considerations  2.4 Assessing Launch Risk  2.5 Launch Application and License  2.6 Licensing and Orbital Debris  2.7 Debris Avoidance from Collision  2.8 End of Operations  3 Federal Communications Commission  3.1 Authority to License  3.2 Licensing Requirements  3.3 Title 47 c.f.r. (Telecommunication) and New Orbital Debris Rules  3.3.1 Title 47 c.f.r. Part 5—Experimental Radio Service, 47 c.f.r. §5.64(b)-Special Provisions for Satellite Systems  3.3.2 Title 47 c.f.r. Part 25—Satellite Communications  3.3.3 Title 47 c.f.r. Part 97—Space Station  3.4 Evolution of fcc Efforts toward Addressing Orbital Debris Mitigation Efforts  3.5 fcc and the Way Ahead  4 The US National Space Council  5 Conclusion 5 China  1 Introduction to the Chinese Space Program  2 Background of the Development of the Chinese Space Program  3 The Modern Chinese Space Program  4 The Legislative Governance Elements of the Chinese Space Program  4.1 China’s Civil Space Program Management  5 Chinese Regulatory Efforts toward Sustainability and Orbital Debris  5.1 China and International Space Agreements  5.2 Chinese Regulations Based on International Commitments  5.3 Domestic Departmental-Level Regulations  5.3.1 China’s Existing Space Regulations—2001 Measures for the Administration of Registration of Objects Launched into Outer Space  5.3.2 China’s Existing Space Regulations—the Interim Measures on the Administration of Licensing the Project of Launching Civil Space  5.4 The 2010 Interim Instrument on Space Debris Mitigation and Management Instrument  6 China’s Space Policy—the Chinese White Papers  6.1 The 2000 China Space White Paper  6.2 The 2006 China Space White Paper  6.3 The 2011 China Space White Paper  6.4 The 2016 China White Paper  6.5 The 2021 China White Paper  6.6 Words versus Actions—Are the Chinese Actually Committed to the Space Sustainability Discussed in Their White Papers?  7 Conclusion—the Future of China’s Space Program 6 Russia  1 Introduction  2 Russian Interpretation of International Law Influencing Russian Space Law  2.1 Overview of Russian Approach to International Law  2.2 Modern Russian Approach to International Law  3 Russia’s Domestic Implementation of Obligations under International Space Law  3.1 Russian Domestic Space Debris Regulatory Scheme  3.1.1 Russian Domestic Regulatory Scheme—Decree No. 5663–1, about Space Activities  3.2 Licensing in Russia  3.3 Principal Space Debris Regulation—gost p 52925–2018  3.3.1 Debris Reduction through Design  3.3.2 Debris Reduction during Operations  3.3.3 Debris Reduction during Post-mission Disposal  4 Conclusion 7 European Space Agency  1 Introduction  2 esa Today  2.1 esa Membership  2.2 esa Programs and Participant Requirements  3 esa and International Legal Standing and Authority  3.1 esa and International Agreements  3.2 Creation of International Legal Norms—esa Customary International Law  3.3 esa and Space Debris Legal Norms  4 Specific Efforts at Forming Legal Norms for Space Debris Mitigation and Prevention  4.1 esa Space Debris Mitigation Handbook  4.2 European Code of Conduct for Space Debris Mitigation  4.3 European International Code of Conduct for Outer Space Activities  5 International Organization for Standardization Debris Mitigation Guidelines  5.1 iso and esa Adoption of Debris Standards—iso 24113:2010 through iso 24113:2019  5.1.1 iso 24113:2019—Space Systems-Space Debris Mitigation Requirements  5.2 Progeny of iso 24113:2019—Debris Mitigation for Spacecraft and Launch Vehicles  5.2.1 Space Debris Mitigation Requirements for Spacecraft—iso 16164:2015, iso 26872:2019, iso 23339:2012, iso 16127:2014  5.2.2 Space Debris Mitigation Requirements for Launch Vehicles  6 Beyond esa iso Standards  6.1 European Union Space Strategy for Europe  7 Conclusion 8 Does Existing Space Debris Guidance Establish Customary International Law?  1 Introduction  2 Beyond Legacy iadc and UN copuos—Recent Voluntary Space Debris Mitigation Guidelines  2.1 Committee on the Peaceful Uses of Outer Space Guidelines for the Long-Term Sustainability of Outer Space Activities  2.1.1 UN copuos lts Guidelines—Policy and Regulatory Framework  2.1.2 UN copuos lts Guidelines—Safety of Space Operations  2.1.3 UN copuos lts Guidelines—International Cooperation and Capacity Building and Awareness  2.1.4 UN copuos lts Guidelines—Scientific and Technical Research and Development  2.1.5 UN copuos lts Guidelines—the Way Ahead  2.2 Background—Space Safety Coalition Best Practices for the Sustainability of Space Operations Guidelines  2.2.1 ssc Sustainability Practices  3 Can Customary International Law Be Found as a Result of Nation-State Implementation of Orbital Debris Prevention and Mitigation Efforts?  3.1 The Seven Mitigation Themes  3.1.1 Theme 1—Debris Mitigation Is to Be Considered during All Stages of a Space Project  3.1.2 Theme 2—Release of Space Debris during Normal Operations Is to be Limited  3.1.3 Theme 3—Efforts Should Be Expended to Avoid Collisions in Orbit  3.1.4 Theme 4—Risk of Breakups during Operational Phases is to be Minimized  3.1.5 Theme 5—the Potential for Post-mission Breakups Resulting from Stored Energy Should Be Minimized by Passivation  3.1.6 Theme 6—If Not Destroyed by Atmospheric Methods, Post-mission Disposal of Space Objects Away from leo and geo Is to Be Arranged  3.1.7 Theme 7—Intentional Destruction and Other Harmful Activities Are to Be Avoided  4 Do Any Similarities in the Way Nations Implement the Standards Represented within the Themes Meet the Standards of Customary International Law?  4.1 The 25 Year ‘Rule’  5 Conclusion 9 Where Do We Go from Here?  1 Introduction  2 Is Soft Law Appropriate to Address the Space Debris Issue at All?  2.1 Though Soft Law Is Not a Likely Solution, Treaty Law Is Equally Elusive to Solve the Problem  3 Is New Governance the Answer? Evolving Space Governance—Past, Present and Future  3.1 Space Governance—Where We Were  3.2 Space Governance—Where We Are  3.3 Space Governance—Do We Need a Different Governance Model (Where Are We Going)?  4 One Key Option to Solve the Debris Problem—Active Debris Removal and Legal Challenges  4.1 Background on Modern adr Efforts  4.2 Current Major adr Efforts  4.2.1 Lasers  4.2.2 Solar Sails  4.2.3 Harpoons  4.2.4 Grappling Arms/Claws  4.2.5 System Capture and Containment  4.3 Legal Challenges to Implementation of adr  4.4 Recommendations to Address Debris Removal Legal Challenges  4.4.1 Instant Customary International Law in Practice  5 A Need to “Go It Alone” to Establish Customary International Law?  5.1 “Going It Alone”—Principles for Successful Independent adr Activity  6 Conclusion References Index

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Book SynopsisThe use of unmanned aircrafts, commonly known as drones, is developing at a fast pace worldwide. Drones are extremely versatile and capable of performing a wide variety of applications. However, applicable regulations are still lagging behind in technological progress and volume growth.The authors provide an in-depth study on prevailing drone law and policy in order to achieve a seamless integration of drone technology into the legal order of civil aviation. The drone market largely depends on the successful implementation of such a comprehensive international regulatory framework that will allow for safe, secure and environmentally friendly operations, while technologies must be mature enough to ensure full integration of drones into non-segregated airspace in the foreseeable future. Monitoring, evaluating and analysing drone operations is a continuous and systematic process, generating knowledge and best practices, also for streamlining such an all-encompassing regulatory framework.Table of ContentsAcronyms and Abbreviations; Introduction; Chapter 1 The Development of Drones; Chapter 2 Legal Basis for Drone Operations; Chapter 3 Commercial, Private and Sports Use; Chapter 4 Integration into Airspace; Chapter 5 Safety Requirements in UAS Operations; Chapter 6 Privacy, Data Protection and Security; Summary; About the Authors; Index

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Book SynopsisThis book provides a comprehensive account of Japan’s space program, including the history of its space organizations, laws, and policies. The two main laws covering space activities are the Act on Launching of Spacecraft, etc. and Control of Spacecraft, and the Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data, both of which are discussed in detail. Also closely examined is the 2020 Basic Plan on Space Policy, which deals with the broad policy goals and specific programs of Japan’s space development. In addition, a more general overview of Japanese foreign investment legislation is discussed for the benefit of non-Japanese participants in Japan-based space activities.The book is aimed at readers who are interested in Japanese space law, have a general interest in Japan’s space development, or who may be considering participation in a growing and increasingly diverse array of Japanese space-related business opportunities.Table of ContentsAbbreviations; Preface; Chapter 1 Brief History of Japan’s Space Development: Organizations, Policies, and Laws; Chapter 2 Japan’s Key Space Development Organizations Today; Chapter 3 Recent Legislation: 2016 Space Activities Act; Chapter 4 Recent Legislation: 2016 Remote Sensing Act; Chapter 5 For Foreign Investors: Other Applicable Laws In and Outside Japan; Chapter 6 Japan’s Space Road Map: 2020 Basic Space Plan; Chapter 7 Japan’s Burgeoning Space Industry; Select Sources; Annexes; Annex 1 – Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016); Annex 2 – Review Standards and Standard Period of Time for Process Relating to Procedures under the Act on Launching of Spacecraft, etc. and Control of Spacecraft; Annex 3 – Application Manual for Act on Launching of Spacecraft, etc. and Control of Spacecraft; Annex 4 – Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data (Act No. 77 of November 16, 2016); Annex 5 – Guidelines on Measures, etc. Under Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data; Annex 6 – Application Manuals for Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data; Annex 7 – Basic Space Law (Law No. 43 of 2008); Annex 8 – Summary of Space Industry Vision 2030 Creating Space Use in the Fourth Industrial Revolution; Annex 9 – Changes to the Basic Space Plan, June 30, 2020; About the Authors

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Book SynopsisInspired by the vision of the future of humankind in outer space, an international team of technical experts, lawyers and political scientists examined topical issues of law and policy under the leadership of the editors – not only with respect to international space flight and space exploration, but also in view of the safe and sustainable use of space technology for the benefit of our planet. After all, our original habitat should not be sacrificed on our way to Moon and Mars!In this regard, Outer Space – Future for Humankind examines fundamental questions like the problem of space debris, the safe use of nuclear power sources in outer space, the protection of the ozone layer during space launches, the issue of light pollution and the protection of the marine environment during the guided re-entry of space craft into the High Seas. In addition to these problems of technical nature, questions relating to the peaceful, equitable and responsible use of outer space are explored also with regard to issues as space traffic management which must be solved by scientists, lawyers and politicians on an international scale, and supported by an again increasingly interested general public.Table of ContentsIntroduction; Part I Looking Ahead; 1 Outer Space and Science Fiction (Gary L. Bennett); 2 Space Tourism: Reality Soon? (Marietta Benkö & Gabriele Röhn); 3 New Space and Newest Space (Dmitry Payson); 4 Space Colonies: Is History Repeating? (Jean-François Mayence); 5 Extra-Terrestrial Human Bases at the Crossroads of Economic and Space Law (Philippe Clerc); 6 Perspectives for Outer Space as a ‘Global Common’ (Kai-Uwe Schrogl); Part II Conflicts and Challenges; 7 International Challenges to the Safety, Security and Sustainability of Outer Space Activities (Gerard Brachet & Peter Martinez); 8 Electronic and Cyber Warfare in Outer Space: Challenges in Governance (Rajeswari Pillai Rajagopalan); 9 Arms Control in Outer Space: Solving the Impasse – The ‘Göttingen Treaty’ Proposal Revisited (Jürgen Scheffran); 10 Space Traffic Management – Looking at the Operational Realities of a Wicked Problem (Marc Becker); 11 Space Debris: Technical Aspects (Carsten Wiedemann, Andre Horstmann, Lorenz Böttcher, Kerstin Soggeberg, Eduard Gamper, Jürgen Lorenz, Manuel Schubert & Enrico Stoll); 12 Oceanic Dumping of Space Objects and the Conservation of Marine Biodiversity in Areas Beyond National Jurisdiction (Vito De Lucia); 13 Commercial Space Launches and Depletion of the Ozone Layer: Emergent Issues (Ruwantissa Abeyratne); 14 Satellite Constellations and Orbital Pollution – Need for New Policies and Regulations (Ram S. Jakhu, Joseph N. Pelton & Nishith Mishra); 15 Dream of the Stars – The Benefits of Nuclear Power and Propulsion (Gary L. Bennett); 16 Nuclear Technologies in Future Space Exploration and Questions of Environmental Law (Ulrike M. Bohlmann & Matija RenČelj); 17 New Space and National Space Legislation (Ingo Baumann & Erik Pellander); 18 State Responsibility Facing the Growing Diversity of Space Projects and Actors – The Case of Satellite Deployment from an International Space Station (Setsuko Aoki); Part III George Robinson the Inspirer; 19 About George S. Robinson (1937-2018) (Stephen E. Doyle); 20 Cybernetics – Space Law and Cyberlaw as Tools for Mediating Interspecies Communication with Technological Transhumans and Posthumans (George S. Robinson & P.J. Blount); About the Authors and Editors

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Book SynopsisThis volume contains the proceedings of the 64th Colloquium on the Law of Outer Space held virtually in October 2021, as well as the report of the IISL Standing Committee on the Status of International Agreements Relating to Activities in Outer Space.Table of ContentsAbout the IISL; Board of Directors 2021; New IISL Members Elected 2020-2021; Standing Committee on the Status of International Agreements Relating to Activities in Outer Space; Statement by the Board of Directors of the International Institute of Space Law (IISL) on the Consideration of the Interests of the Public and Other Stakeholders in the Authorization and Continuing Supervision of Commercial Space Activities; 64th IISL Colloquium On The Law Of Outer Space Sessions; 1. Young Scholars Session; 2. International Cooperation on the Way to the Moon and Mars; 3. A New Look at (how far are we with) Space Traffic Management; 4. The relations between Trade Law, Finance and Space Law; 5. National Space Law and Security – An Update; 6. NewSpace and Space Law; Interactive Presentations; Author Index

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Book SynopsisThe second edition of this comprehensive handbook describes the legal grounds for human activities in outer space and on celestial bodies, including recent developments such as: - Space travel by private companies - NASA's Artemis programme - Concrete considerations for colonising the moon and Mars - Resource mining on celestial bodies - Traffic rules for space

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