This document analyzes the current status of space law and conventions regarding sovereignty in outer space. It discusses key treaties like the Outer Space Treaty of 1967 and the Moon Treaty of 1979. While these treaties established some framework, many challenges remain unaddressed. Issues around defining boundaries between airspace and outer space, liability for damage, and jurisdiction over objects in space continue to be debated. The document concludes more work is still needed to harmonize regulations and reduce ambiguity regarding sovereignty and activities in outer space.
Chris johnson remarks at galloway xi on establishing international norms and ...Christopher Johnson
The document discusses the need to establish international norms and rules for space activities given the many ambitious and varied activities being planned in outer space. It summarizes some of the planned activities, including megaconstellations of satellites, commercial space stations, planetary exploration, and more. It then questions whether the existing international space law framework is adequate to address these activities, noting the framework was established 50 years ago and did not anticipate modern commercial activities. The document discusses gaps and silences in the current laws and various pathways to address these, including unilateral and multilateral developments to clarify rights and obligations.
Deficiencies and Pressing Issues in the Existing Legal Regime of Outer SpaceChristopher Johnson
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities. These deficiencies include both intended deficiencies in the law—where the drafters refrained from lawmaking (either out of modesty or political expediency); as well as unintended and emergent deficiencies (where technological progress in spaceflight technologies and capabilities were not addressed in the law because they were simply not imagined at the time).
Ripples in the Pond: The Effect of State Actions on the Corpus of Internation...Michael J. Listner
1) International space law is formed by both treaties and customary state practice.
2) State actions like domestic legislation and military activities can affect international space law by establishing customary norms that interpret and potentially diminish existing treaty law.
3) Customary norms established by state practice can reinforce international law like treaties, but can also act like a "stone" by creating new interpretations that disturb the existing legal framework.
Ripples in the Pond: The Effect of State Actions on the Corpus of Internation...Michael J. Listner
Customary international law and state practice can influence existing space law both positively and negatively. Positive influences include reinforcing treaty principles like res communis through actions supporting free access and use of space. However, certain activities and domestic laws aimed at reinterpreting space law could undermine established norms. Careful consideration is needed regarding potential impacts on the corpus of international space law to avoid unintended consequences.
Equity and Transparency in the New Province of HumanityValnora Leister
This document summarizes Valnora Leister's presentation on ensuring equity and transparency in outer space activities. Leister argues that leading space powers prioritize national military and economic aims over benefiting humanity. She outlines four paths to expand global participation in space: 1) engage civil society, 2) work with emerging space powers, 3) apply principles of international environmental law, and 4) use new governance concepts like "economic governance" and "charter cities" to ensure equity and transparency in shared space resources. Leister concludes that developing a "Universal Law of Humanity" could help realize outer space as the "New Province of Mankind" by replacing the current system based on state supremacy.
Individual ownership of celestial bodies like the Moon is not recognized under international law. However, some argue private companies could mine asteroids for resources without claiming sovereignty. Three companies - Planetary Resources, Deep Space Industries, and Kepler Energy - plan to prospect and mine near-Earth asteroids for water and precious metals to use in space or return to Earth, but none have successfully launched missions yet. Significant challenges around developing affordable space transport must still be overcome before asteroid mining becomes commercially viable.
Chris johnson remarks at galloway xi on establishing international norms and ...Christopher Johnson
The document discusses the need to establish international norms and rules for space activities given the many ambitious and varied activities being planned in outer space. It summarizes some of the planned activities, including megaconstellations of satellites, commercial space stations, planetary exploration, and more. It then questions whether the existing international space law framework is adequate to address these activities, noting the framework was established 50 years ago and did not anticipate modern commercial activities. The document discusses gaps and silences in the current laws and various pathways to address these, including unilateral and multilateral developments to clarify rights and obligations.
Deficiencies and Pressing Issues in the Existing Legal Regime of Outer SpaceChristopher Johnson
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities. These deficiencies include both intended deficiencies in the law—where the drafters refrained from lawmaking (either out of modesty or political expediency); as well as unintended and emergent deficiencies (where technological progress in spaceflight technologies and capabilities were not addressed in the law because they were simply not imagined at the time).
Ripples in the Pond: The Effect of State Actions on the Corpus of Internation...Michael J. Listner
1) International space law is formed by both treaties and customary state practice.
2) State actions like domestic legislation and military activities can affect international space law by establishing customary norms that interpret and potentially diminish existing treaty law.
3) Customary norms established by state practice can reinforce international law like treaties, but can also act like a "stone" by creating new interpretations that disturb the existing legal framework.
Ripples in the Pond: The Effect of State Actions on the Corpus of Internation...Michael J. Listner
Customary international law and state practice can influence existing space law both positively and negatively. Positive influences include reinforcing treaty principles like res communis through actions supporting free access and use of space. However, certain activities and domestic laws aimed at reinterpreting space law could undermine established norms. Careful consideration is needed regarding potential impacts on the corpus of international space law to avoid unintended consequences.
Equity and Transparency in the New Province of HumanityValnora Leister
This document summarizes Valnora Leister's presentation on ensuring equity and transparency in outer space activities. Leister argues that leading space powers prioritize national military and economic aims over benefiting humanity. She outlines four paths to expand global participation in space: 1) engage civil society, 2) work with emerging space powers, 3) apply principles of international environmental law, and 4) use new governance concepts like "economic governance" and "charter cities" to ensure equity and transparency in shared space resources. Leister concludes that developing a "Universal Law of Humanity" could help realize outer space as the "New Province of Mankind" by replacing the current system based on state supremacy.
Individual ownership of celestial bodies like the Moon is not recognized under international law. However, some argue private companies could mine asteroids for resources without claiming sovereignty. Three companies - Planetary Resources, Deep Space Industries, and Kepler Energy - plan to prospect and mine near-Earth asteroids for water and precious metals to use in space or return to Earth, but none have successfully launched missions yet. Significant challenges around developing affordable space transport must still be overcome before asteroid mining becomes commercially viable.
Space Law: What Space Sovereignty Means for Operating in the 4th DomainKlisman Murati FRSA
As space has become more contested and competitive the need to maintain effective situational awareness in the 4th domain is more critical than ever. With this in mind, the Pangaea Wire Group hosted a workshop bringing together key stakeholders across the military, government and industry sectors to discuss approaches and strategies for providing a holistic approach to Space Situational Awareness (SSA).
Exploring space debris, space sovereignty, security, space surveillance and tracking (SST), space weather, the impact of new mega-constellations and international partnerships in space.
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed discussion on potential legal models for exploring, exploiting, and utilizing space resources, as current international space law is largely silent on these issues. While activities to interact with and make productive use of celestial resources are still years away, differing views already exist. International space law contains gaps and unclear areas, known as lacunae or non-liquet situations, when it comes to regulating the use of space resources. As an open legal system, space law can be refined and clarified through further agreements and legislation to address technological progress.
This document provides an overview of space law and argues that it is a legal fiction. It discusses the origins of space law in treaties from the early 20th century dealing with airspace, and how the concept of outer space was not clearly defined. It notes that countries had varying definitions of where airspace ends and outer space begins. The document also examines concepts in space law like national sovereignty over space and the domination of space, arguing these are based more on human constructs than physical realities. Overall, the document analyzes space law through the lens of it being a legal fiction created by humans rather than having a real physical basis.
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed a discussion on potential legal models for exploring, exploiting, and utilizing space resources. While such activities are still years away, differing views exist among space actors. Current international space law is essentially silent on proposed activities to extract and use resources like water and minerals from celestial bodies. Neither making these activities clearly permissible or prohibited, the law's application is unclear. As an open legal system, international space law can be elaborated and refined through instruments like treaties and conventions. The Secure World Foundation supports further clarifying the legal complexities around accessing and using space resources through both national and multilateral approaches.
This document provides an overview of space policy and law topics presented at the National Student Space Conference UKSEDS. It discusses the key principles of space law established by the Outer Space Treaty of 1967, including that outer space shall be free for use and exploration by all states and is not subject to national claims of sovereignty. It also summarizes the different types of space law, the distinction between policy and law, and legal issues like the TRW satellite case. Additionally, it covers factors influencing access to space like orbital slots, frequencies, and launch availability. The document discusses whether small satellites present debris risks and issues around international arms regulations and risks of space activities.
“The Earth is the cradle of humanity but mankind cannot stay in the cradle forever” -Konstantin Tsiolkovsky
Private companies are actively promoting plans to mine in Outer Space, and for the first time, these are seeming not far-fetched, but probable. Thus, we on Earth are faced with some tricky questions, which may have far-reaching consequences;
Who (if anyone) owns the moon and outer space ?
Who (if anyone) has the right to derive economic benefit from them?
Who gets to decide?
Join writer Angela Dennis, for a discussion of the ‘new space race’; the main players, legal implications, and how Georgism might offer a model to ensure economic justice in extra-terrestrial resource extraction.
The document discusses the meaning and scope of outer space law. It begins by defining outer space as the area beyond Earth's atmosphere. Outer space law governs activities in space and aims to regulate relations between states. It encompasses international treaties and agreements as well as national laws concerning space. The five major international treaties governing outer space are discussed, including the 1967 Outer Space Treaty which bans weapons of mass destruction in space and establishes principles of international cooperation for peaceful exploration. The treaty also establishes that space is free for exploration and use by all nations and is not subject to claims of ownership.
This document provides an introduction and summary of a legal research paper on space tourism. It discusses the existing international space laws and treaties that govern space travel. It acknowledges that while laws exist, the field of private space tourism is still developing. It then outlines some hypothetical legal scenarios that could arise from space tourism and private space travel becoming more common. Finally, it describes a small pilot survey conducted with medical students in India to gather preliminary data on perspectives about space tourism. The document aims to explore the legal issues and opportunities surrounding the growing concept of space tourism.
The Moon Agreement of 1979 establishes that all celestial bodies and their orbits fall under international jurisdiction and must conform to international law. It intends to create a legal regime for the Moon and other celestial bodies similar to international sea law. The treaty declares that the Moon should be used to benefit all states and peoples, and prevent conflict. It bans military activities and exploration without approval, requires sharing research samples, and prevents altering environments or claiming sovereignty over territory. However, the treaty is controversial as leading space powers like the US and USSR disagreed on its provisions.
- Space law governs the exploration and use of outer space and aims to ensure peaceful and responsible use.
- The key principles of space law were established in the Outer Space Treaty of 1967, including the prohibition of military uses of space and the freedom of access to space by all nations.
- Space law recognizes principles such as the non-appropriation of celestial bodies, liability for damage from space activities, and international cooperation in space activities.
This document discusses potential issues that may arise from interactions with intelligent extraterrestrial beings or inhabitants of other celestial bodies. It considers that international law may need to adapt to account for relationships with other planetary peoples. Key points discussed include the need to establish communication, the rights of more advanced extraterrestrial civilizations to potentially colonize or occupy areas on Earth, and debates around how organizations like the UN could manage relationships with extraterrestrials.
This document discusses several private space exploration companies and their plans to explore and utilize resources in space. It also discusses relevant space law and debates around ownership of celestial resources. Several companies plan missions to the Moon's surface in the 2020s to conduct research and extract water and other resources. There is debate around interpretations of existing space treaties and whether companies can own the resources they extract. Some see potential for a Georgist approach where companies could bid for access rights to areas and share resulting rents internationally.
The document discusses the general characteristics and purpose of national space policy. It explains that national space policy establishes guidelines for government space activities, expresses a nation's interests in space, and considers factors like international law and private sector involvement. It provides examples of how US national space policy has shaped and been shaped by international space law and encouraged the growth of the private space sector over time.
Topic UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRA.docxturveycharlyn
Topic: UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRAEL’S CAPITAL
4 pages double spaced
Political Studies: Outline
First section: Topic
1. Paper topic: Write a short paragraph describing your topic. Be very specific.
2. Thesis statement: Write a clear thesis statement about your paper topic.
Second Section: The paper outline
1. Introduction: Outline what your argument in your paper is going to be in a paragraph
2. Section (#): briefly outline what each section of your paper will be about.
· Include your academic citations in their respective sections
· Explain how you will use them in your arguments in one or two sentences
· You should have as many sections in your outline as you expect to have in your paper.
3. Conclusion.
Things you should include in your outline:
1. Specifics on your topic. The more detail you provide the better your grade will be
2. At least six academic sources that are relevant to your topic as well as an explanation of how you will use them. (APA)
Holloway
Canada’s Need to Take Ownersh*t of its Role in Space Exploration
A short paper on international space law
Introduction/Issues
A frozen turd ball was ejected from our orbiting space station and struck a foreign state’s spy satellite. The satellite was knocked out of orbit and crashed to Earth. The foreign state now demands reparations from us. This paper will survey the legal regime for the use of space and states’ obligations with respect to debris causing damage to other objects in space. Then, this paper will analyze the current situation to assess our options for response. This paper concludes that we should pay reparations to the foreign state and develop technologies to reduce our production of dangerous debris in space.
Rules
Given that humanity gained access to space relatively recently, and only a limited number of states actually participate in space exploration, international space law is still in its infancy. Although states have jurisdiction over the airspace immediately above their territory, outer space is understood as a ‘res communis’, meaning that none of it can form part of a state’s sovereign territory.[footnoteRef:1] The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies entered into force in 1967 and forms the basis of international space law.[footnoteRef:2] 103 states, including Canada, have ratified the treaty and another 25 states are signatories.[footnoteRef:3] Article III notes the parties’ desires to promote peace, security, cooperation and understanding with regards to the use and development of space. Article VIII specifies that states maintain jurisdiction over whatever objects or personnel they send into space. [1: Currie, John H. et al, International Law: Doctrine, Practice and Theory, 2nd ed (Toronto: Irwin Law, 2014) at 466. ] [2: Treaty on Principles Governing the Activities o ...
This document discusses the history and development of space law regarding the use of space resources. It covers the following key points:
1) Early space treaties like the 1967 Outer Space Treaty and 1979 Moon Agreement established that space exploration should benefit all countries and prohibited claims of sovereignty over celestial bodies.
2) The Moon Agreement introduced the concept of space resources being the "common heritage of mankind" and required the creation of an international regime to oversee the use and exploitation of these resources.
3) There is ongoing debate around how to fully implement the "common heritage of mankind" principle to promote equitable sharing of space resources between all nations as space exploitation increases.
The Legal Mechanisms With Which to Cope With a Nuclear AttackBen Cook Jr.
Amidst the sabre-rattling on the Korean Peninsula, the Russian provocations throughout the globe, and fledgling nuclear programs sprouting in developing nations, the world is once again on the precipice of nuclear war. What exactly are our legal protections and obligations in the event of a nuclear strike? This paper attempts to analyze current international law and postulates what elements would be necessary (or prudent) in future treaties.
This document discusses environmental protection in outer space regarding space debris. It provides context on the growing issue of space debris, including that over 500,000 pieces larger than 1 cm exist. Current space law, including the Outer Space Treaty, establishes states are responsible for national space activities and must conduct activities with due regard to other states' interests. Key obligations discussed are preventing/minimizing space debris risks, exchanging collision data, potential removal/recycling responsibilities, and allocating financial burdens. The conclusion notes space law needs clarification to more efficiently address space debris issues and any legal improvements require cooperation among space-faring nations.
The document discusses future weapons technologies and proposed solutions for regulating them. It describes how anti-matter and lethal autonomous robots (LARS) could become new types of powerful weapons. Anti-matter could provide energy equivalent to atomic bombs, while LARS could target autonomously without human oversight. To address concerns over these technologies, some propose a total ban on researching or creating such new weapons systems. However, imposing a complete ban faces obstacles, as powerful nations may not agree to restrictions and treaties have been broken before. Effective monitoring and consequences for noncompliance would need to be established for a ban to potentially work.
Death Stars and Droids: Security in Zero GravityEmerson Jones
- An in-depth look at a upcoming possible area of conflict, especially under the guise of the recent announcement by the current presidential administration to stand up a space force by 2020.
The document discusses the need for space patents to protect intellectual property invented in outer space. Currently, national patent laws only apply within the territory of the issuing nation, but space lies outside all national jurisdictions. The document proposes a Space Patent Treaty that would establish a Space Patent Office to examine applications and issue patents that apply throughout all of space. This could boost private investment in space technologies by providing intellectual property protections for inventions in outer space.
This summarizes a report on a symposium discussing space traffic management. The symposium was organized by the International Institute of Space Law and European Centre for Space Law during a session of the UN Committee on the Peaceful Uses of Outer Space. There were eight speakers who discussed the definition and development of space traffic management. A key topic was the upcoming 2016 study by the International Academy of Astronautics on developing a roadmap for implementing space traffic management based on the 2006 study. The speakers addressed related topics like the legal framework for international commons and how rights and obligations may apply differently in different contexts like outer space.
Space Law: What Space Sovereignty Means for Operating in the 4th DomainKlisman Murati FRSA
As space has become more contested and competitive the need to maintain effective situational awareness in the 4th domain is more critical than ever. With this in mind, the Pangaea Wire Group hosted a workshop bringing together key stakeholders across the military, government and industry sectors to discuss approaches and strategies for providing a holistic approach to Space Situational Awareness (SSA).
Exploring space debris, space sovereignty, security, space surveillance and tracking (SST), space weather, the impact of new mega-constellations and international partnerships in space.
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed discussion on potential legal models for exploring, exploiting, and utilizing space resources, as current international space law is largely silent on these issues. While activities to interact with and make productive use of celestial resources are still years away, differing views already exist. International space law contains gaps and unclear areas, known as lacunae or non-liquet situations, when it comes to regulating the use of space resources. As an open legal system, space law can be refined and clarified through further agreements and legislation to address technological progress.
This document provides an overview of space law and argues that it is a legal fiction. It discusses the origins of space law in treaties from the early 20th century dealing with airspace, and how the concept of outer space was not clearly defined. It notes that countries had varying definitions of where airspace ends and outer space begins. The document also examines concepts in space law like national sovereignty over space and the domination of space, arguing these are based more on human constructs than physical realities. Overall, the document analyzes space law through the lens of it being a legal fiction created by humans rather than having a real physical basis.
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed a discussion on potential legal models for exploring, exploiting, and utilizing space resources. While such activities are still years away, differing views exist among space actors. Current international space law is essentially silent on proposed activities to extract and use resources like water and minerals from celestial bodies. Neither making these activities clearly permissible or prohibited, the law's application is unclear. As an open legal system, international space law can be elaborated and refined through instruments like treaties and conventions. The Secure World Foundation supports further clarifying the legal complexities around accessing and using space resources through both national and multilateral approaches.
This document provides an overview of space policy and law topics presented at the National Student Space Conference UKSEDS. It discusses the key principles of space law established by the Outer Space Treaty of 1967, including that outer space shall be free for use and exploration by all states and is not subject to national claims of sovereignty. It also summarizes the different types of space law, the distinction between policy and law, and legal issues like the TRW satellite case. Additionally, it covers factors influencing access to space like orbital slots, frequencies, and launch availability. The document discusses whether small satellites present debris risks and issues around international arms regulations and risks of space activities.
“The Earth is the cradle of humanity but mankind cannot stay in the cradle forever” -Konstantin Tsiolkovsky
Private companies are actively promoting plans to mine in Outer Space, and for the first time, these are seeming not far-fetched, but probable. Thus, we on Earth are faced with some tricky questions, which may have far-reaching consequences;
Who (if anyone) owns the moon and outer space ?
Who (if anyone) has the right to derive economic benefit from them?
Who gets to decide?
Join writer Angela Dennis, for a discussion of the ‘new space race’; the main players, legal implications, and how Georgism might offer a model to ensure economic justice in extra-terrestrial resource extraction.
The document discusses the meaning and scope of outer space law. It begins by defining outer space as the area beyond Earth's atmosphere. Outer space law governs activities in space and aims to regulate relations between states. It encompasses international treaties and agreements as well as national laws concerning space. The five major international treaties governing outer space are discussed, including the 1967 Outer Space Treaty which bans weapons of mass destruction in space and establishes principles of international cooperation for peaceful exploration. The treaty also establishes that space is free for exploration and use by all nations and is not subject to claims of ownership.
This document provides an introduction and summary of a legal research paper on space tourism. It discusses the existing international space laws and treaties that govern space travel. It acknowledges that while laws exist, the field of private space tourism is still developing. It then outlines some hypothetical legal scenarios that could arise from space tourism and private space travel becoming more common. Finally, it describes a small pilot survey conducted with medical students in India to gather preliminary data on perspectives about space tourism. The document aims to explore the legal issues and opportunities surrounding the growing concept of space tourism.
The Moon Agreement of 1979 establishes that all celestial bodies and their orbits fall under international jurisdiction and must conform to international law. It intends to create a legal regime for the Moon and other celestial bodies similar to international sea law. The treaty declares that the Moon should be used to benefit all states and peoples, and prevent conflict. It bans military activities and exploration without approval, requires sharing research samples, and prevents altering environments or claiming sovereignty over territory. However, the treaty is controversial as leading space powers like the US and USSR disagreed on its provisions.
- Space law governs the exploration and use of outer space and aims to ensure peaceful and responsible use.
- The key principles of space law were established in the Outer Space Treaty of 1967, including the prohibition of military uses of space and the freedom of access to space by all nations.
- Space law recognizes principles such as the non-appropriation of celestial bodies, liability for damage from space activities, and international cooperation in space activities.
This document discusses potential issues that may arise from interactions with intelligent extraterrestrial beings or inhabitants of other celestial bodies. It considers that international law may need to adapt to account for relationships with other planetary peoples. Key points discussed include the need to establish communication, the rights of more advanced extraterrestrial civilizations to potentially colonize or occupy areas on Earth, and debates around how organizations like the UN could manage relationships with extraterrestrials.
This document discusses several private space exploration companies and their plans to explore and utilize resources in space. It also discusses relevant space law and debates around ownership of celestial resources. Several companies plan missions to the Moon's surface in the 2020s to conduct research and extract water and other resources. There is debate around interpretations of existing space treaties and whether companies can own the resources they extract. Some see potential for a Georgist approach where companies could bid for access rights to areas and share resulting rents internationally.
The document discusses the general characteristics and purpose of national space policy. It explains that national space policy establishes guidelines for government space activities, expresses a nation's interests in space, and considers factors like international law and private sector involvement. It provides examples of how US national space policy has shaped and been shaped by international space law and encouraged the growth of the private space sector over time.
Topic UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRA.docxturveycharlyn
Topic: UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRAEL’S CAPITAL
4 pages double spaced
Political Studies: Outline
First section: Topic
1. Paper topic: Write a short paragraph describing your topic. Be very specific.
2. Thesis statement: Write a clear thesis statement about your paper topic.
Second Section: The paper outline
1. Introduction: Outline what your argument in your paper is going to be in a paragraph
2. Section (#): briefly outline what each section of your paper will be about.
· Include your academic citations in their respective sections
· Explain how you will use them in your arguments in one or two sentences
· You should have as many sections in your outline as you expect to have in your paper.
3. Conclusion.
Things you should include in your outline:
1. Specifics on your topic. The more detail you provide the better your grade will be
2. At least six academic sources that are relevant to your topic as well as an explanation of how you will use them. (APA)
Holloway
Canada’s Need to Take Ownersh*t of its Role in Space Exploration
A short paper on international space law
Introduction/Issues
A frozen turd ball was ejected from our orbiting space station and struck a foreign state’s spy satellite. The satellite was knocked out of orbit and crashed to Earth. The foreign state now demands reparations from us. This paper will survey the legal regime for the use of space and states’ obligations with respect to debris causing damage to other objects in space. Then, this paper will analyze the current situation to assess our options for response. This paper concludes that we should pay reparations to the foreign state and develop technologies to reduce our production of dangerous debris in space.
Rules
Given that humanity gained access to space relatively recently, and only a limited number of states actually participate in space exploration, international space law is still in its infancy. Although states have jurisdiction over the airspace immediately above their territory, outer space is understood as a ‘res communis’, meaning that none of it can form part of a state’s sovereign territory.[footnoteRef:1] The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies entered into force in 1967 and forms the basis of international space law.[footnoteRef:2] 103 states, including Canada, have ratified the treaty and another 25 states are signatories.[footnoteRef:3] Article III notes the parties’ desires to promote peace, security, cooperation and understanding with regards to the use and development of space. Article VIII specifies that states maintain jurisdiction over whatever objects or personnel they send into space. [1: Currie, John H. et al, International Law: Doctrine, Practice and Theory, 2nd ed (Toronto: Irwin Law, 2014) at 466. ] [2: Treaty on Principles Governing the Activities o ...
This document discusses the history and development of space law regarding the use of space resources. It covers the following key points:
1) Early space treaties like the 1967 Outer Space Treaty and 1979 Moon Agreement established that space exploration should benefit all countries and prohibited claims of sovereignty over celestial bodies.
2) The Moon Agreement introduced the concept of space resources being the "common heritage of mankind" and required the creation of an international regime to oversee the use and exploitation of these resources.
3) There is ongoing debate around how to fully implement the "common heritage of mankind" principle to promote equitable sharing of space resources between all nations as space exploitation increases.
The Legal Mechanisms With Which to Cope With a Nuclear AttackBen Cook Jr.
Amidst the sabre-rattling on the Korean Peninsula, the Russian provocations throughout the globe, and fledgling nuclear programs sprouting in developing nations, the world is once again on the precipice of nuclear war. What exactly are our legal protections and obligations in the event of a nuclear strike? This paper attempts to analyze current international law and postulates what elements would be necessary (or prudent) in future treaties.
This document discusses environmental protection in outer space regarding space debris. It provides context on the growing issue of space debris, including that over 500,000 pieces larger than 1 cm exist. Current space law, including the Outer Space Treaty, establishes states are responsible for national space activities and must conduct activities with due regard to other states' interests. Key obligations discussed are preventing/minimizing space debris risks, exchanging collision data, potential removal/recycling responsibilities, and allocating financial burdens. The conclusion notes space law needs clarification to more efficiently address space debris issues and any legal improvements require cooperation among space-faring nations.
The document discusses future weapons technologies and proposed solutions for regulating them. It describes how anti-matter and lethal autonomous robots (LARS) could become new types of powerful weapons. Anti-matter could provide energy equivalent to atomic bombs, while LARS could target autonomously without human oversight. To address concerns over these technologies, some propose a total ban on researching or creating such new weapons systems. However, imposing a complete ban faces obstacles, as powerful nations may not agree to restrictions and treaties have been broken before. Effective monitoring and consequences for noncompliance would need to be established for a ban to potentially work.
Death Stars and Droids: Security in Zero GravityEmerson Jones
- An in-depth look at a upcoming possible area of conflict, especially under the guise of the recent announcement by the current presidential administration to stand up a space force by 2020.
The document discusses the need for space patents to protect intellectual property invented in outer space. Currently, national patent laws only apply within the territory of the issuing nation, but space lies outside all national jurisdictions. The document proposes a Space Patent Treaty that would establish a Space Patent Office to examine applications and issue patents that apply throughout all of space. This could boost private investment in space technologies by providing intellectual property protections for inventions in outer space.
This summarizes a report on a symposium discussing space traffic management. The symposium was organized by the International Institute of Space Law and European Centre for Space Law during a session of the UN Committee on the Peaceful Uses of Outer Space. There were eight speakers who discussed the definition and development of space traffic management. A key topic was the upcoming 2016 study by the International Academy of Astronautics on developing a roadmap for implementing space traffic management based on the 2006 study. The speakers addressed related topics like the legal framework for international commons and how rights and obligations may apply differently in different contexts like outer space.
Space law governs activities in outer space through national and international law. It aims to regulate state relations and determine rights and duties regarding space activities. Key principles include preserving space and earth environments, determining liability for space object damages, and ensuring space is used peacefully and for the benefit of all humanity. Major treaties include the 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention, and 1979 Moon Agreement, which address issues like jurisdiction, assistance to astronauts, liability for space object damages, registering launched objects, and equitable sharing of moon resources. Space law is important to ensure sustainable and safe use of space.
1. This document discusses the legal theory of space and how countries located along the equator are marginalized by current international agreements regarding space.
2. It proposes a theoretical framework for regulating space usage to benefit all humanity based on principles adapted from international sea law.
3. The conclusion is that properly formulated, the legal theory of space could be used to enforce law in space, increase economic potential for countries, and catalyze technological mastery, while maintaining a balanced representation between what should be and what is regarding space usage internationally.
Air & Space Law - Pengertian, Istilah dan Sumber Hukum Udara dan AngkasaMariske Myeke Tampi
The document discusses the scope of discussions for air and space law before mid-semester which includes definitions, sources of law, international conventions, and several Indonesian laws and regulations related to air transportation. It provides definitions of air and space law from various sources and discusses sources of international air and space law such as multilateral treaties, bilateral agreements, customary international law, general principles of law, legal doctrines, and jurisprudence. It also outlines some national laws and regulations in Indonesia implementing air transportation.
Private, non-governmental actors are becoming increasingly active in space activities, driving innovation and expanding our capabilities. However, their ambitions have implications for international and national governance regimes. This lecture was given at the Geneva Centre for Security Policy's 2019 Geopolitics and Global Futures Symposium
This document summarizes a study on the economic prospects and human rights violations associated with shrimp farming in coastal regions of Bangladesh. It finds that while shrimp farming contributes significantly to Bangladesh's economy through exports and jobs, it has also led to environmental degradation and various human rights issues. Specifically, the study found reports of land conflicts, violence against women, restrictions on access to common areas, blocked canals interfering with water management, loss of agricultural land, and poor labor conditions like low wages, long hours, and unsafe working environments. Overall, the document examines both the economic benefits of the shrimp industry but also its negative social and human rights impacts.
This document discusses effective communication and common mistakes made in spoken and written English. It emphasizes that mistakes are opportunities to learn and should not be seen as embarrassing. While accuracy is important, the main goal of communication is to convey meaning clearly. The document outlines strategies for effective speaking, such as maintaining eye contact and developing listening skills. It also discusses challenges faced by some English learners in pronouncing certain sounds correctly. Overall, the document promotes focusing on intelligible communication over perfection and avoiding unnecessary bias or offense.
1) This document discusses the debate among Iranian religious intellectuals regarding modernization and their approaches to balancing tradition and modernity.
2) It outlines two major groups - Western-minded thinkers who emphasize separating tradition from modernity, and religious thinkers who seek to combine the two.
3) The document also summarizes the key arguments made by supporters of modernization, such as the neutrality of science, religion's emphasis on human progress, and that interaction between civilizations and modernization can aid development. It then summarizes the arguments made by opponents, such as the partiality of science and doubts that modernization alone can achieve social development.
This document summarizes a study on the extension service needs of catfish farmers in Oyo State, Nigeria. The study found that most catfish farmers were male, between 30-50 years old, and had primary education. Radio, friends/relatives, and extension agents were the most important information sources. The top extension service needs were marketing, stocking times, and credit access. The major challenges were poor weather, lack of credit, and high feed costs. The study recommends improved extension services, economic groups, credit access, and dissemination of best practices to enhance catfish production.
1. The study aimed to identify the effect of domestic violence on speech and pronunciation disorders in children in basic education in Ajloun governorate, Jordan.
2. The study found that parents used neglect and emotional violence against their children. Parents also punished children for using inappropriate words.
3. The study revealed significant differences in domestic violence between males and females, favoring males. Differences were also found based on birth order, favoring first born for emotional violence.
This document summarizes a study on labor relations practices in Assam's tea industry, with a focus on Jorhat District. It finds that workers have varying degrees of dissatisfaction across public, private, and government-owned tea estates. Workers were surveyed on topics like recruitment, selection, training, transfers, promotions, wages, and more. The study aims to identify strong areas and problems to improve labor relations. Key findings include high dissatisfaction among workers of Dhekiajuli Tea Estate regarding recruitment procedures and selection policies. Overall, the study examines labor relations in the tea industry and how satisfaction levels differ between estate types in Assam.
This document discusses the humanistic approach to teaching English as a foreign language. [1] It outlines four main methodologies associated with the humanistic approach: the silent way, community language learning, suggestopaedia, and total physical response. [2] These methods aim to engage students holistically and reduce anxiety around language learning. Classroom practices for these methods include relaxation exercises, role-playing scenarios, games, and peer work. [3] A study in India found that students had the greatest improvements in English skills during the first semester using these humanistic methods, showing their effectiveness. The humanistic approach aims to cultivate student motivation and a childlike openness to learning.
This document analyzes pulses production in sample villages of the Assan Valley region of Uttarakhand, India. It finds that the area and production of pulses, especially winter pulses like lentils and chickpeas, has drastically declined from 1990-2007. Through surveys of 275 farmers, the study identifies key constraints on pulses production including biotic factors like insect pests and diseases, abiotic factors like climate and rainfall, lack of access to inputs, weak extension services, and lack of market access. The rotation of pulses like chickpeas and pigeon peas with crops like rice and wheat was found to reduce chemical fertilizer use and increase outputs of those staple crops.
The document summarizes a study on gender differences in marital adjustment, mental health, and frustration reactions during middle age. The study was conducted in Delhi, India with 150 males and 150 females between ages 40-55 who were bank employees, doctors, or lecturers. It was found that females had higher levels of recreational adjustment than males, while males had a more group-oriented attitude than females. The study aimed to understand how marital adjustment, mental health, and reactions to frustration differed between males and females during middle age.
This document summarizes the views of two Iranian intellectuals, Ayatollah Morteza Motahari and Dr. Abdol-Karim Soroush, on the compatibility of Islam and democracy. Motahari represented religious reformists who sought to adapt modern concepts to religious texts. Soroush was a modernist who believed religion must renew itself to engage with modern life, not the other way around. Both supported an Islamic democratic state where the people choose leaders, but Soroush argued for greater limitations on clerical power and more emphasis on popular sovereignty and human political concepts over strict religious governance. The document examines their differing approaches to integrating democracy and Islam.
This document summarizes how external economic factors influence policymaking and management in Sub-Saharan Africa. It discusses several challenges, including weak competitive capacity in global trade which makes African exports less competitive. It also examines how commodity price fluctuations, decreasing capital inflows, high external debt burdens, and economic shocks in other countries negatively impact African countries' ability to effectively plan and implement development policies. The document concludes that African countries need to address internal weaknesses to strengthen their ability to deal with challenges posed by the external economic environment.
The document summarizes a study that investigated how blended scaffolding strategies through Facebook could aid learning and improve the writing process and performance of ESL students.
The study used a mixed methods approach, collecting both quantitative data through pre- and post-writing tests as well as qualitative data from student essays and interviews. Students received either traditional instruction alone (control group) or traditional instruction plus supplemental scaffolding through Facebook (experimental group).
Initial interview findings suggested students preferred the blended approach and felt it could help with learning, clarifying questions after school, generating ideas, editing work, and ultimately improving their writing and grades. The study aimed to determine if supplemental Facebook scaffolding positively impacted writing outcomes.
This document summarizes a study on rural health care in Thoubal District, Manipur, India. It finds that while India's constitution recognizes health as a primary duty, rural populations still lack adequate access to health care due to factors like poverty, lack of infrastructure, and social/psychological barriers. The study aims to evaluate health care facilities and services in Thoubal District, examine factors influencing access to primary health care, and assess the quality of services provided by health care workers to rural communities. It analyzes key health indicators for Manipur from the National Family Health Survey and finds that while material well-being is low, Manipur has relatively good public health outcomes, such as low infant mortality.
This document summarizes key points for socio-economic development in Aceh, Indonesia following conflict. It recommends:
1) Developing through participatory planning that engages local communities and innovation.
2) Ensuring political stability and peace by addressing injustices and providing jobs for ex-fighters.
3) Prioritizing micro-economic policies like entrepreneurship programs and credit facilities to revive small businesses.
This document summarizes a research study on the impact of microfinance banks on the standard of living of hairdressers in Oshodi-Isolo local government area of Lagos State, Nigeria. The study aims to examine how microfinance banks have impacted hairdressers' businesses and their ability to acquire assets and save. It involved surveying 120 hairdressers registered with the local government. The results found a significant relationship between microfinance efforts and the hairdressers' standard of living, indicating that microfinance has helped reduce poverty somewhat among this group. The study recommends that government ensure microfinance loans are easily obtainable with reasonable repayment schedules.
1) The document discusses the challenges faced by contemporary Indian society, including poverty, gender discrimination, corruption, illiteracy, global warming, and war. It then examines the role of NGOs in addressing these issues, such as alleviating poverty, empowering women, fighting corruption, providing education, and creating awareness about global warming.
2) The paper also identifies internal challenges NGOs face, like lack of commitment from staff, insufficient training facilities, and misappropriation of funds. External challenges include difficulties with fundraising, low community participation, and lack of trust in NGOs.
3) In conclusion, the role of NGOs is seen as tremendous in providing services to vulnerable groups. However,
1. The document analyzes science performance and dropout rates in France based on PISA test results from 2006-2009 compared to other developed countries.
2. While France achieved average results in math, its science scores remained below average and did not improve from 2006-2009. Dropout rates in France are about 11%.
3. The study finds that elementary and secondary curricula in France allocate fewer weekly hours to science compared to other core subjects, which may contribute to lower performance and higher dropout rates in science. Remedies discussed include improving teaching quality and fostering students' self-perception in science.
Gender discrimination in Pakistan threatens its security and progress. Women make up over half the population but face inhumane treatment through domestic violence, forced marriages, honor killings, and lack of access to education and jobs. Discrimination is deeply rooted in society and denies women their identity, treating them as property of fathers or husbands. To improve security and prosperity, Pakistan must eliminate discrimination and empower women through education, employment, and participation in decision making.
This document discusses the concept of God in the works of Tennessee Williams and Rabindranath Tagore. While from different cultures and born decades apart, both authors deeply explored human nature and spirituality. The document analyzes Williams' play "The Night of the Iguana" in depth, noting its religious symbols and exploration of faith through characters like Shannon. It also briefly discusses Tagore's views on evil and the nature of God. Overall, the document examines how both authors conveyed spiritual questions and themes in their work despite coming from varied backgrounds.
1) The document analyzes the level of educational development and underlying disparities in Burdwan District, West Bengal.
2) It finds significant spatial variations in educational infrastructure, dropout rates, and never-enrolled student populations across the district's 31 blocks.
3) The western, more urbanized blocks have better infrastructure but higher dropout rates, while eastern agricultural blocks have poorer infrastructure but lower dropout rates. Factors like poverty, early marriage, and economic opportunities contribute to educational disparities.
How information systems are built or acquired puts information, which is what they should be about, in a secondary place. Our language adapted accordingly, and we no longer talk about information systems but applications. Applications evolved in a way to break data into diverse fragments, tightly coupled with applications and expensive to integrate. The result is technical debt, which is re-paid by taking even bigger "loans", resulting in an ever-increasing technical debt. Software engineering and procurement practices work in sync with market forces to maintain this trend. This talk demonstrates how natural this situation is. The question is: can something be done to reverse the trend?
Ivanti’s Patch Tuesday breakdown goes beyond patching your applications and brings you the intelligence and guidance needed to prioritize where to focus your attention first. Catch early analysis on our Ivanti blog, then join industry expert Chris Goettl for the Patch Tuesday Webinar Event. There we’ll do a deep dive into each of the bulletins and give guidance on the risks associated with the newly-identified vulnerabilities.
"Frontline Battles with DDoS: Best practices and Lessons Learned", Igor IvaniukFwdays
At this talk we will discuss DDoS protection tools and best practices, discuss network architectures and what AWS has to offer. Also, we will look into one of the largest DDoS attacks on Ukrainian infrastructure that happened in February 2022. We'll see, what techniques helped to keep the web resources available for Ukrainians and how AWS improved DDoS protection for all customers based on Ukraine experience
Connector Corner: Seamlessly power UiPath Apps, GenAI with prebuilt connectorsDianaGray10
Join us to learn how UiPath Apps can directly and easily interact with prebuilt connectors via Integration Service--including Salesforce, ServiceNow, Open GenAI, and more.
The best part is you can achieve this without building a custom workflow! Say goodbye to the hassle of using separate automations to call APIs. By seamlessly integrating within App Studio, you can now easily streamline your workflow, while gaining direct access to our Connector Catalog of popular applications.
We’ll discuss and demo the benefits of UiPath Apps and connectors including:
Creating a compelling user experience for any software, without the limitations of APIs.
Accelerating the app creation process, saving time and effort
Enjoying high-performance CRUD (create, read, update, delete) operations, for
seamless data management.
Speakers:
Russell Alfeche, Technology Leader, RPA at qBotic and UiPath MVP
Charlie Greenberg, host
Freshworks Rethinks NoSQL for Rapid Scaling & Cost-EfficiencyScyllaDB
Freshworks creates AI-boosted business software that helps employees work more efficiently and effectively. Managing data across multiple RDBMS and NoSQL databases was already a challenge at their current scale. To prepare for 10X growth, they knew it was time to rethink their database strategy. Learn how they architected a solution that would simplify scaling while keeping costs under control.
Dandelion Hashtable: beyond billion requests per second on a commodity serverAntonios Katsarakis
This slide deck presents DLHT, a concurrent in-memory hashtable. Despite efforts to optimize hashtables, that go as far as sacrificing core functionality, state-of-the-art designs still incur multiple memory accesses per request and block request processing in three cases. First, most hashtables block while waiting for data to be retrieved from memory. Second, open-addressing designs, which represent the current state-of-the-art, either cannot free index slots on deletes or must block all requests to do so. Third, index resizes block every request until all objects are copied to the new index. Defying folklore wisdom, DLHT forgoes open-addressing and adopts a fully-featured and memory-aware closed-addressing design based on bounded cache-line-chaining. This design offers lock-free index operations and deletes that free slots instantly, (2) completes most requests with a single memory access, (3) utilizes software prefetching to hide memory latencies, and (4) employs a novel non-blocking and parallel resizing. In a commodity server and a memory-resident workload, DLHT surpasses 1.6B requests per second and provides 3.5x (12x) the throughput of the state-of-the-art closed-addressing (open-addressing) resizable hashtable on Gets (Deletes).
Discover top-tier mobile app development services, offering innovative solutions for iOS and Android. Enhance your business with custom, user-friendly mobile applications.
HCL Notes und Domino Lizenzkostenreduzierung in der Welt von DLAUpanagenda
Webinar Recording: https://www.panagenda.com/webinars/hcl-notes-und-domino-lizenzkostenreduzierung-in-der-welt-von-dlau/
DLAU und die Lizenzen nach dem CCB- und CCX-Modell sind für viele in der HCL-Community seit letztem Jahr ein heißes Thema. Als Notes- oder Domino-Kunde haben Sie vielleicht mit unerwartet hohen Benutzerzahlen und Lizenzgebühren zu kämpfen. Sie fragen sich vielleicht, wie diese neue Art der Lizenzierung funktioniert und welchen Nutzen sie Ihnen bringt. Vor allem wollen Sie sicherlich Ihr Budget einhalten und Kosten sparen, wo immer möglich. Das verstehen wir und wir möchten Ihnen dabei helfen!
Wir erklären Ihnen, wie Sie häufige Konfigurationsprobleme lösen können, die dazu führen können, dass mehr Benutzer gezählt werden als nötig, und wie Sie überflüssige oder ungenutzte Konten identifizieren und entfernen können, um Geld zu sparen. Es gibt auch einige Ansätze, die zu unnötigen Ausgaben führen können, z. B. wenn ein Personendokument anstelle eines Mail-Ins für geteilte Mailboxen verwendet wird. Wir zeigen Ihnen solche Fälle und deren Lösungen. Und natürlich erklären wir Ihnen das neue Lizenzmodell.
Nehmen Sie an diesem Webinar teil, bei dem HCL-Ambassador Marc Thomas und Gastredner Franz Walder Ihnen diese neue Welt näherbringen. Es vermittelt Ihnen die Tools und das Know-how, um den Überblick zu bewahren. Sie werden in der Lage sein, Ihre Kosten durch eine optimierte Domino-Konfiguration zu reduzieren und auch in Zukunft gering zu halten.
Diese Themen werden behandelt
- Reduzierung der Lizenzkosten durch Auffinden und Beheben von Fehlkonfigurationen und überflüssigen Konten
- Wie funktionieren CCB- und CCX-Lizenzen wirklich?
- Verstehen des DLAU-Tools und wie man es am besten nutzt
- Tipps für häufige Problembereiche, wie z. B. Team-Postfächer, Funktions-/Testbenutzer usw.
- Praxisbeispiele und Best Practices zum sofortigen Umsetzen
[OReilly Superstream] Occupy the Space: A grassroots guide to engineering (an...Jason Yip
The typical problem in product engineering is not bad strategy, so much as “no strategy”. This leads to confusion, lack of motivation, and incoherent action. The next time you look for a strategy and find an empty space, instead of waiting for it to be filled, I will show you how to fill it in yourself. If you’re wrong, it forces a correction. If you’re right, it helps create focus. I’ll share how I’ve approached this in the past, both what works and lessons for what didn’t work so well.
What is an RPA CoE? Session 1 – CoE VisionDianaGray10
In the first session, we will review the organization's vision and how this has an impact on the COE Structure.
Topics covered:
• The role of a steering committee
• How do the organization’s priorities determine CoE Structure?
Speaker:
Chris Bolin, Senior Intelligent Automation Architect Anika Systems
1. IOSR Journal of Humanities and Social Science (IOSRJHSS)
ISSN: 2279-0845 Volume 1, Issue 1 (July-August 2012), PP 14-20
www.iosrjournals.org
Conflicting Sovereignty Issue in Outer Space: An Analysis of the
Current Existing Conventions Vis a Vis Impediments and
Challenges.
1
Rangam Sharma, 2Sukhvinder Singh Dari
Abstract: This paper seeks to highlight the current status quo of the space law legislations and throws a light
on its efficacy. It also tries to answer the debatable question of sovereignty through analysis of several treaties.
The next part of the paper provides a piece of critique on the governing regulations. The paper in its next part
deals with issues such as Militarisation, Star wars Asteroid mining and various facets of space terrorism that
have emerged as latest challenges in the recent times. The paper concludes with certain sets of
recommendations that entirely that can be used to harmonize the current regulation and decelerate the rate of
ambiguity involved.
Keywords: Outer Space treaty, The Moon Treaty, Star wars, Militarization, Liability, challenges, Space
terrorism
I. Introduction:
“We live on the shores of this tiny world, the third planet of nine circling an average star, the sun;
This universe is more vast than one can ever imagine”. With the development of scientific knowledge, man has
fathomed the ocean and covered the air space. After 1957, there was an extensive use of the outer space and an
immediate need for a law that could govern such activities was felt. Even after the unending tussle, every
nation have at least resulted in a consensus that no state enjoys an absolute sovereignty on the space above
them till infinity. There are several reasons why a comprehensive space legislation has to be formulated and
proposed. The two developments i.e. extraordinary dependence in space activities and the growing
convergence of interest which have radically changed the dimension of the purely national interest are few
reasons why the an immediate need for space law was felt. Till, many years nothing; not even a single guiding
principle could be propounded. However the gray area didn‟t go unnoticed for long1.
The first United Nations conference on outer space (i.e. UNISPACE-I) was held in August 1968; This
committee discussed in length, the issues pertaining to remote sensing, nuclear power, definition and limitation
of the word „outer space‟ etc. This committee acted as an ignition and chains of conferences followed it. Many
treaties were brought in light and were ratified by many nations2. Now, we were in a better position than
before. We no more had to wander clueless, looking for an answer.
The various treaties has already given the skeleton of a legitimate framework that can efficiently govern
the space. All we need to do is to strike the right structure and formulate a legislation that can be followed by
every nation. Looking at the advancement in the space laws; procrastination in this regard seems dangerous.
The most eminent jurists worldwide have accepted that we need laws where the word „Must‟ is more often
used than the word „May‟ i.e. we are in need of a rigid law something that doesn‟t leave any scope for
ambiguity3.
II. Analysis of Outer space Treaty:
1967, marked a grand success in the field of space law. A comprehensive treaty with 17 articles was
first time brought in front of all the member countries of the United Nations: the Outer Space Treaty. This was
the first commendable effort that gathered a lot of limelight because of its extensive scope, pragmatism and
futuristic approach. A detailed analysis of the entire treaty is as follows:
Article 1 of the treaty claims that the exploration can be carried out in outer space (inclusive of all celestial
body) for economic and scientific development. „Common interest‟ of all the nations would also be
considered while such explorations are carried out. Such explorations have to be on the basis of equality
1
Multimedia Space Educators' Handbook, NASA Johnson Space Center, Houston, Texas 77058
2
OMB / NASA Report Number S677. See also research in 1975-1978, Edgewater Hospital, Dr. M.S. Mazel,
Chicago, Il.23. Multimedia Space Educators' Handbook, NASA Johnson Space Center, Houston, Texas 77058
3
M. BENKÖ, K.-U. SCHROGL (eds.) “Space Law: Current Problems and Perspectives for Future
Regulation”Eleven International Publishing, Utrecht, The Netherlands, 2005
www.iosrjournals.org 14 | Page
2. Conflicting Sovereignty issue in outer space: An Analysis of the current existing conventions Vis a
meaning thereby no country would enjoy an upper hand in this regard. Outer space qualifies as res
communis (the property of all) under Article 1 of the Outer Space Treaty, rather than as res nullius, the
principle that these resources belong to no one and are to be doled out on a first-come, first-served basis.
This Treaty also tries to put an end to the unending debate on the conflicting sovereignty issue in the outer
space. The outer space (inclusive of all celestial body) are not subject of any state. As a testimony to this,
Article 3 of the treaty affirms that the activities in outer space would be governed by the principle of
International Law and would not be subjected to any domestic legislation of any country.
The Treaty ensures that no State would place any object carrying nuclear weapon or any kind of mass
destruction weapon in the space. It restricts any activity involving such weapons that can prove to be a
potential threat to any nation.
Further Article IV of the treaty declares that all the nations would use the space only for peaceful purpose
and not try to militarize the space.
This prevents militarization of space and conduction of any weapon test in the space.
Article VI of the Treaty also tries to build up an international responsibility and liability for the outer
space.
One of the most pertinent feature of this act is the futuristic approach of Article V of the treaty. This
ensures the safety of astronauts and space vehicles in case of emergency, distress or accidents. Every state
in pursuance to the aforementioned article must return safely both the astronauts and the space vehicle, no
matter what condition they are in. Indeed the outer space treaty is a milestone that we have achieved,
however there still lied few lacunas, few unaddressed challenges. The next section deal with the
unaddressed challenges with regard to space law Vis a Vis the outer space treaty.
III. The Unaddressed Challenges :
The doctrinal analysis and a detailed review of literature show that there are many problems in regard
to the space law that have not been addressed till date. Following is a list that highlights the most disputed
ones:
Space law indeed is an ever growing area. The biggest challenge in this regard is gaining consensus. To
evolve a successful legislation a unanimous consent is required; in absence of which no consistent
framework can be formed. To quote an example, very recently few nations such as France, United States
of America etc proposed the limitation of the atmosphere. They tried to set up a standardised height
beyond which the area shall be termed as outer space. However this turned out to be a bone of contention.
Countries like Belgium challenged the veracity of such claims and refused to accept such a notion.
There is no guideline that clearly and distinctly deals with the procedural laws. Further, No treaty,
provides the jurisdiction for the settlement of disputes.
As earlier stated, Nothing till date has been able to coin a proper definition of outer space. Nothing has yet
satisfyingly resolved and set up boundaries between the air space and the outer space.
A methodology for quantification of damage during mishaps due to space objects and related events
remains unclear and undetermined.
The extent of liability in case of damage due to space activities has not been clearly determined. Further in
case of joint liability; The question of Whose liability would supersede the other‟s liability remain an
unanswered question.
The extent of jurisdiction of the states is still a question of dispute that has not been addressed completely.
Many countries contend that the jurisdiction of the state must be extended to the orbit of geo stationary
satellites owned by that particular nation. This is a clear violation of the terms of the outer space treaty.
Challenges continue to grow, but all the attempts of ending the gray areas and ambiguous claims seem futile.
IV. The Moon treaty: A futile Attempt
Man‟s first step on moon opened plethora of doubts pertaining to the legal framework that can governs
activities on Moon. Even after having excellent features the Moon Treaty proved to be a futile attempt since
very few countries agreed to the terms and conditions mentioned in it4. Only nine nations have ratified the
Moon Treaty (Australia, Austria, Chile, Mexico, Morocco , the Netherlands, Pakistan, Philippines, and
Uruguay),as compared to the Outer Space treaty, which has been ratified by over 90 countries. Following are
some of the notable features of the act:
4
Pop, Virgiliu (2009). Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources
Ownership. Space Regulations Library. Springer. ISBN 978-1-4020-9134-6.
www.iosrjournals.org 15 | Page
3. Conflicting Sovereignty issue in outer space: An Analysis of the current existing conventions Vis a
It provides international Law as the guiding principle for any exploration on Moon. Thus keeping parallel
theme as that of the Outer space treaty5.
The Moon Treaty, does not place a moratorium on exploitation of natural resources, but insists upon the
establishment of an international regime to monitor and control such exploitation. In fact, mining could be
begun on an experimental basis even while clearer rules are established and eventually made law
Article III, talks about peaceful use of the surface of Moon thus prohibiting the signatories from
militarising Moon.
Exploration of Moon must be done keeping in mind the common interest and benfit. It opens the door for
exploration for the sake of scientific development.
Bans any ownership of any extraterrestrial property by any organization or person, unless that organization
is international and governmental.
Requires all resource extraction and allocation be made by an international regime.
Bans altering the environment of celestial bodies and requires that states must take measures to prevent
accidental contamination6.
V. Star Wars Inter alia Militarisation , Demilitarisation of the space and Space
Preservation Treaty:
The Anti-Ballistic Missile (ABM) Treaty, signed in 1972, between the United States and the former
Soviet Union (now applying to Russia) was to prohibit the use of defensive systems that might give an
advantage to one side over the other in a nuclear war. The Mutually Assured Destruction scenario was invoked
here to assure that each nation had enough weapons to survive a nuclear attack and therefore have the ability to
annihilate the other. Their rationale was that as long as both sides remained defenseless, in this respect, neither
country would dare attack the other.
While the United States has now withdrawn from this treaty (as of mid-December 2001), even before
that, was controversially spending a lot of public money on research and development of a "Star Wars" missile
defense program. While bound to the treaty, such research and development was breaking the treaty. However
withdrawing from the treaty completely, allows research and development to proceed.
Internationally, for many years, it has been agreed that space should be used for peaceful purposes,
and for the benefit of all humankind. However, recent years has seen increasing militarisation of space. The
militarisation of space means placement and improvement of military hardware and military technology in the
outer space. The early exploration of space in the mid-20th century had, in part, a military motivation, as the
United States and the USSR used it as an opportunity to demonstrate ballistic missile technology and other
militarisable technologies. The second mode of militarisation is the Global Positioning System. This satellite
navigation system is used for determining one's precise location and providing a highly accurate time reference
almost anywhere on Earth or in Earth orbit. It uses an intermediate circular orbit (ICO) satellite constellation of
at least 24 satellites. The GPS system was designed by and is controlled by the United States Department of
Defense and can be used by anyone, free of charge. The primary military purposes are to allow improved
command and control of forces through improved location awareness, and to facilitate accurate targeting of
smart bombs, cruise missiles, or other munitions. The satellites also carry nuclear detonation detectors, which
form a major portion of the United States Nuclear Detonation Detection System. European concern about the
level of control over the GPS network and commercial issues has resulted in the planned Galileo positioning
system. Network-centric warfare relies heavily on the use of high speed communications which allows all
soldiers and branches of the military to view the battlefield in real-time. Real-time technology improves the
situational awareness of all of the military‟s assets and commanders in a given theatre. For example, a soldier
in the battle zone can access satellite imagery of enemy positions two blocks away, and if necessary e-mail the
coordinates to a bomber or weapon platform hovering overhead while the commander, hundreds of miles
away, watches as the events unfold on a monitor. This high-speed communication is facilitated by a separate
internet created by the military for the military. Space warfare is combat that takes place in outer space, i.e.
outside the atmosphere. Technically, as a distinct classification, it refers to battles where the targets themselves
are in space. Space warfare therefore includes ground-to-space warfare, such as attacking satellites from the
Earth, as well as space-to-space warfare, such as satellites attacking satellites. Midst all this militarisation
process UN felt the need to intervene.
5
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, Dec. 5, 1979, 1363
U.N.T.S. 3
6
Michael Listner (March 19, 2012). "The Moon Treaty: it isn't dead yet". The Space Review.
www.iosrjournals.org 16 | Page
4. Conflicting Sovereignty issue in outer space: An Analysis of the current existing conventions Vis a
VI. The Space preservation Treaty and the Stand of United States of America in
encouraging Arms Race in Space:
The Space Preservation Treaty was a proposed 2006 UN General Assembly resolution against all
space weapons. Three countries, most notably the United States of America, abstained from voting on most
provisions of this treaty because the proposed treaty did not do enough to clearly define what is meant by a
"space weapon", and therefore was open to wide interpretation and impossible to verify whether it was being
violated.
According to the print media, The United States considers space capabilities—including the ground and space
segments and supporting links—vital to its national interests. Consistent with this policy, the United States
will: preserve its rights, capabilities, and freedom of action in space; dissuade or deter others from either
impeding those rights or developing capabilities intended to do so; take those actions necessary to protect its
space capabilities; respond to interference; and deny, if necessary, adversaries the use of space capabilities
hostile to U.S. national interests;
The United States will oppose the development of new legal regimes or other restrictions that seek to
prohibit or limit U.S. access to or use of space. Proposed arms control agreements or restrictions must not
impair the rights of the United States to conduct research, development, testing, and operations or other
activities in space for U.S. national interests; Despite its commitment to peaceful use of space as stated in its
policy, just a few weeks later, the US was the lone vote against such a resolution at the UN General Assembly
(and has voted against such a measure in the past), as mentioned further above. The policy therefore appears to
meet the US Air Force‟s desire for weapons in space. The fear is that others will take a similar view (using the
rhetoric of protecting its own interest in space) and encourage an arms race.
VII. Liability and Responsibility Vis a Vis The convention on International Liability for
Damage caused by the Space Objects:
The extent of liability in case of damage by space objects remain a very disputed and heated debate
till date. The Convention for Damage caused by the Space Objects, 1971 was an attempt to resolve this debate.
This treaty was brought up in the United Nations on 29 th of November, 1971. This treaty is the first attempt to
determine the extent of liability of the countries in mishaps caused by their space objects. Article II of this act
declares that there exists an absolute liability to pay for the damages caused by the space object on the surface
of the earth or to air craft or to anything else. The country cannot evade the liability. There lies no defence in
such cases. Further, Article III says that in the event of damage being caused somewhere else than on the
surface of the earth to a space object of one launching state or to persons or property on board such a space
object of another launching state the latter shall be liable only if the damage is due to its fault or the fault of the
person for whom it is responsible.
But what in the case of joint liability? What if two nations jointly undergo space venture and during
that causes damage to the third country?
Article III clears the extent of liability pertaining to Two or more joint tortfeasors. It declares that both
the nations in such a case would be jointly and severely liable for damage caused.
VIII. Judicial Pronouncements:
Several judicial pronouncements in this regard act as perfect guides and let us know the questions
such as who is liable, why is he liable, what exactly is the extent of liability etc.
8.1. In the Corfu Channel Case7, the Court imposed liability for Albania's omission to act despite its
knowledge of the relevant circumstances.
8.2. In the Spanish Zone of Morocco claims8, Judge Huber emphasized that
“...responsibility is the necessary corollary of a right. All rights of an international character involve
international responsibility. Responsibility results in the duty to make reparation if the obligation in question is
not met...”
8.3. International Court of Justice in the Barcelona Traction case 9noted that:
“...An essential distinction should be drawn between the obligations of a State towards the international
community as a whole, and those arising vis-à-vis another State in the field of diplomatic protection. By their
very nature the former are the concern of all States. In view of the importance of the rights involved, all States
can be held to have a legal interest in their protection; they are obligations erga omnes...”
8.4. The PCIJ in the Chorzów Factory case 10held that
7
(United Kingdom v. Albania) [1949] I.C.J. Rep. 4.
8
Spanish Zone of Morocco claim, 2 R.I.A.A., p. 615 (1923)
9
(Belg. v. Spain), 1970 I.C.J. 3 (Feb. 5) p. 32
10
PCIJ, Series A, No. 17, 1928, p. 29.
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5. Conflicting Sovereignty issue in outer space: An Analysis of the current existing conventions Vis a
“...it is a principle of international law, and even a greater conception of law, that any breach of an
engagement involves an obligation to make reparation”, hence, imputing liability on the wrongful acts of the
state...”
In the lights of the afore mentioned judicial pronouncements the International Law has gained momentum in
determination of liability and responsibility of countries in case of global threat.
Fall of the Sky lab, 1979
Skylab was a space station launched and operated by NASA, the space agency of the United States.
Skylab orbited the Earth from 1973 to 1979, and included a workshop, a solar observatory, and other systems.
Numerous scientific experiments were conducted aboard Skylab during its operational life, and crews were
able to confirm the existence of coronal holes in the Sun. The Earth Resources Experiment Package (EREP),
was used to view the Earth with sensors that recorded data in the visible, infrared, and microwave spectral
regions. Thousands of photographs of Earth were taken, and records for human time spent in orbit were
extended.
Plans were made to refurbish and reuse Skylab, using the Space Shuttle to boost its orbit and repair it.
However, development of the Shuttle was delayed, and Skylab re-entered Earth's atmosphere and disintegrated
in 1979, with debris striking portions of Western Australia. This indeed caused a lot of damage in the areas of
Australia and Canada. The extent of liability of the United States was cent percent. But did they live up to the
expectation of international standards? This question remains unanswered11.
IX. Asteroid Mining: Question of Ownership
Article II of the Outer Space treaty clearly bans “appropriation,” other provisions actually support
property rights. The treaty makes clear that both the exploration and use of outer space shall be free of restraint
and discrimination, and that there will be free access to all parts of space. It also states that the use of
equipment and facilities necessary for peaceful activities is fine. And anything launched into (or built in) space
remains the private property of its owner.
Any entity that can claim something as an exclusive resource, control its transport and distribution,
and can exchange it for something else of value (in this case, other lunar samples), clearly owns that object.
This is the single most important legal precedent for property rights in space, and should provide great comfort
to those who wish to exploit the resources of outer space. It is also consistent with many commentators, who
allege that the Outer Space Treaty‟s prohibition on “appropriation” relates only to entire celestial bodies as
they exist “in nature,” and that both individuals and nations can claim ownership of resources extracted from
celestial bodies. The only real question, then, is the extent of this ownership: Can an entire asteroid be claimed
if it is being mined?
Under the Outer Space Treaty, if a company is mining an asteroid, no other entity could come along
and start mining on the other side if doing so could interfere with the first set of miners. If the asteroid were
large enough to accommodate two independent mining operations, both could likely proceed, each gaining
ownership of whatever material they extract. Thus, customary international law already gives would-be
asteroid miners a sound basis for their business model.
But what if a mining company captured an asteroid, changing its orbit to bring it closer to Earth and
thus make return of extracted materials easier? Would the entire asteroid belong to the mining company
because the asteroid, as a whole, was “extracted” from its “natural” orbit — becoming more like a single rock
or an artificial satellite than a moon or a planet? The answer to this question has yet not been determined.
X. Space Terrorism:
While benefits of space technologies are unquestionable, overdependence on space-based systems
exposes the world vulnerability to terrorist sabotage; evidently, any interference in any of the infinitely active
space program would entail an enormous cost. Therefore, it is understandable that the administration is
paranoid about terrorist threat to the “Continental US space assets.”
10.1. Jamming Global Position System (GPS): Global Position System (GPS). It uses a constellation of
thirteen satellites that transmit three dimensional triangularized locations anywhere on the earth‟s surface. It is
not too difficult for a terrorist organization to develop an area jamming capability that can ensure smart
missiles used by US troops are misguided while attacking targets12.
11
Billings, L. (2006) To the Moon, Mars, and beyond: culture, law, and ethics in space-faring societies,
Bulletin of Science, Technology & Society, 26(5), 430-437
12
National Research Council (U.S.). Committee on the Future of the Global Positioning System; National
Academy of Public Administration (1995). The global positioning system: a shared national asset:
recommendations for technical improvements and enhancements. National Academies Press. p. 16. ISBN 0-
309-05283-1., Chapter 1, p. 16
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6. Conflicting Sovereignty issue in outer space: An Analysis of the current existing conventions Vis a
10.2. Cyber-terrorism : During the Kosovo conflict in 1999, NATO computers were blasted with e-mail
bombs and hit with denial-of-service attacks by hacktivists protesting the NATO bombings. In addition,
businesses, public organizations, and academic institutes received highly politicized virus-laden e-mails from a
range of Eastern European countries, according to reports. Web defacements were also common 13.
Cyber-terrorism is yet another facet of space terrorism. Security of military installations, power plants, air
traffic control centers, banks and other communication networks is already at stake due excessive dependence
on Internet. Increased Internet usage is the vulnerable component in space operations14. Reports indicate that
militant groups like the Al-Qaeda and Hamas are equipped to carry out cyber attacks. Soon after the Columbia
mishap, there were reports that seven of the NASA computer servers were hacked. Since foolproof security of
any computer system is a myth, the entire world has plenty to worry about. The intention of a cyber terrorism
attack could range from economic disruption through the interruption of financial networks and systems or
used in support of a physical attack to cause further confusion and possible delays in proper response.
Although cyber attacks have caused billions of dollars in damage and affected the lives of millions, we have
yet witness the implications of a truly catastrophic cyber terrorism attack.
10.3. Demolition of e-governance base: The aim of e-governance is to make the interaction of the citizens
with the government offices hassle free and to share information in a free and transparent manner. It further
makes the right to information a meaningful reality. In a democracy, people govern themselves and they cannot
govern themselves properly unless they are aware of social, political, economic and other issues confronting
them. To enable them to make a proper judgment on those issues, they must have the benefit of a range of
opinions on those issues. Right to receive and impart information is implicit in free speech. This, right to
receive information is, however, not absolute but is subject to reasonable restrictions which may be imposed by
the Government in public interest.
XI. Recommendations and Conclusion:
Following sets of recommendations can be followed in order to build the basic structure of the space
law globally:
a) International Court of Justice must be declared as the apex body to adjudicate matters pertaining to matter
pertaining to space law.
b) United States of America must ratify the Space Preservation Treaty and set an example for the other
nations.
c) Amend the Outer Space Treaty to try and work around the res communis doctrine and shape the treaty
more in line with the present day global realities.
d) The countries must Shape domestic space policy and regulations to provide a platform to begin to reshape
international space law. Domestic space policy could evolve into multilateral agreements with other
countries regarding the use of space.
e) The objective of demilitarisation of space must be taken seriously and countries must start acting on the
same.
f) The gray areas in the current legislations must not be interpreted for countries selfish motives.
g) Stronger Laws on Asteroid and Moon mining must be encompassed in the upcoming legislations.
h) All the countries must ratify the Moon treaty.
i) Effective measures against space terrorism and cyber terrorism must be taken. Constant watch is required
in this regard.
To be effective, the goal of rethinking international space law must be one of action rather than talk. It
will require time and investment into space policy and legal think tanks to lay the foundation for the new era in
international space law.
Evolving an efficient legal framework for the outer space is the sine quo non of the hour and hence
any procrastination in this regard would mean nothing but inviting ordeals. The United Nations has already
played its part, its time for the member nations to abide to the peace restoration treaties and make the quest of
law making possible.
13
Colarik, Andrew M. (2006). Cyber Terrorism: Political and Economic Implications. Idea Group, U.S.. ISBN
1-59904-022-0.
14
Verton, Dan (2003). Black Ice: The Invisible Threat of Cyber-terrorism. Osborne/McGraw-Hill, U.S.. ISBN
0-07-222787-7.
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References:
Articles and Books
[1] W. L. ANDREWS “The Taxation of Space Commerce” Kluwer Law International, The Hague, Boston, 2001.
[2] K.-H. BÖCKSTIEGEL “Space Law: Changes and Expectations at the Turn to Commercial Space Activities” Kluwer Law and
Taxation Publishers, Deventer, The Netherlands, 1987
[3] ALMOND, H. COMMENT “Emerging Law of Outer Space: The Analogy of Maritime Salvage” Journal of Space Law, Vol. 19,
1991, p. 67.
[4] H. J. HAUBOLD “Space Law and Space Science at the United Nations” Earth, Moon, and Planets, Vol. 73, N. 2, 1996
[5] V. S. VERESHCHETIN “The Law of Outer Space in the General Legal Field: Commonalities and Particularities” Revista Brasileira
de Direito Aeronáutico e Espacial, N. 93, 2010, p. 42.
[6] V. S. VERESHCHETIN, G. M. DANILENKO “Custom as a Source of International Law of Outer Space” In F. LYALL, P. B.
LARSEN (eds.), “Space law”, Ashgate, 2007.
[7] L. VIIKARI “Time is of the Essence: Making Space Law More Effective” Space Policy, Vol. 21, Issue 1, 2005, pp. 1 -5.
[8] O‟Donnell, Declan J., “Welcome to our Inaugural Issue,” Space Governance Journal, Vol. 1 No. 1, June, 1994, p.4
[9] Michael Listner (March 19, 2012). "The Moon Treaty: it isn't dead yet". The Space Review.
[10] Verton, Dan (2003). Black Ice: The Invisible Threat of Cyber-terrorism. Osborne/McGraw-Hill, U.S.. ISBN 0-07-222787-7.
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