International Institute of Space Law

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Issue 1, 2020 Expand all abstracts

A New Format for Space Law?

12th Nandasiri Jasentuliyana Keynote Lecture

Authors Stephan Hobe
Author's information

Stephan Hobe
Prof. Dr. Dr. h.c. Stephan Hobe, LL.M. is Director of the Institute of Air Law, Space Law and Cyber Law and Holder of the Chair for Public Internation Law, European Law, European and International Economic Law at the University of Cologne; Chair of the ILA Committee on Space Law; Chair of the IISL Directorate of Studies and Board Member of the European Centre for Space Law.

    Satellite Constellations are often brighter and visible in the night sky and therefore an increase in the number of satellite constellations in the Earth’s orbit can threaten the dark skies of the earth. The bright trails of these satellites constellations on the Dark skies in large numbers can interfere with various Astronomical activities. Considering these interferences, this paper will discuss the legal measures under International Space law to protect Dark skies from Satellite constellations. Firstly, this paper will emphasize how an extension of the “Equitable Access principle” by the ITU to LEO and MEO will help in regulating the number of operating Satellite Constellations, thereby reducing the disturbances caused to Dark skies of the earth. Secondly, this paper will analyse how the concept of “Milestones based launching” of Satellite constellations as agreed under WRC 2019 can help in shaping mitigation measures. Thirdly, this paper will emphasize on the Role of Domestic Regulators such as FCC of U.S etc. and the development of National Policies to regulate Satellite Constellations in order to prevent their pollution of dark skies. Finally this paper will evaluate the importance of World Heritage Convention 1972 in protecting the Dark Skies.

Tejas Bharadwaj
Tejas Bharadwaj, BA. LLB Hons. Energy Law, University of Petroleum and Energy Studies, Dehradun.

Arbitration of Space-Related Disputes

Case Trends and Analysis

Keywords arbitration, dispute resolution, space-related disputes, satellites
Authors Vivasvat Dadwal and Madeleine Macdonald
AbstractAuthor's information

    Despite a consistent annual increase in the number of space-related disputes, the distinct role of arbitration in the resolution of these disputes remains understudied. To our knowledge, there exist no consolidated catalogues for publicly-reported space-related disputes that have been resolved through international arbitration. This research begins to fill that gap by cataloguing all publicly-reported space-related disputes that have been resolved through international arbitration to date. Results are categorized and analyzed according to: (i) type and subject matter of dispute submitted to international arbitration, as organized by industry and topic; (ii) kind of disputant currently employing international arbitration, as organized by type and size of actor; (iii) applicable law used in international arbitration; (iv) seat; and (v) arbitral institution administering the dispute. Results shed light on current industry practices and complement existing research on the use of arbitration clauses by companies providing space-related products and services. Scholars, policymakers, and legal practitioners may use the data to assess the strengths and weaknesses of the current dispute-resolution infrastructure and to inform future practices in the resolution of space-related disputes.

Vivasvat Dadwal
Vivasvat Dadwal, King & Spalding LLP.

Madeleine Macdonald
Madeleine Macdonald, Justice Canada.

    The exploration of space originally gained impetus due to scientific interest and later owing to political and military strategies of the super powers. Today, not only United States of America and Russia, but many developing economies are interested in outer space. The economic considerations of undertaking mining in space is obvious given the abundance of resources available on the Moon, on Mars and the asteroids. Extra-terrestrial mining could cut down the costs of space travel and also provide material resources necessary for life on Earth. Private companies across the globe are investing in the exploration of space, leading to countries such as America and Luxembourg passing national legislation legalising the activities of these corporations and allowing them to appropriate to themselves the resources mined through their operations, without granting ownership of celestial bodies thereby complying with the Outer Space Treaty. This paper seeks to analyse the policy and legal implications of undertaking mining in space by commercial entities. The paper contemplates the possibility of conflict between the general principles of international space law contained in the five treaties with national legislations passed by USA and Luxembourg and more recently, the United Arab Emirates. A more unified approach by the international community on the subject of space mining is suggested which would harmonise the interests of the states as well as commercial players. The aim of this paper is to identify the legal and policy challenges in space mining and suggest a harmonised international framework which would benefit both corporations and states.

Maquelin Pereira
Maquelin Pereira, Amity University, Dubai.

Space Heritage: International Legal Aspects of Its Protection

Keywords space heritage, cultural heritage, UNESCO, space law
Authors Vladimir Savelev and Albert Khayrutdinov
AbstractAuthor's information

    The increasing involvement of States in the process of research and use of outer space, as well as the steady development of technical capabilities of space-faring commercial entities, entails a serious growth in the number of space flights. This may adversely affect the physical integrity and safety of the objects, which can be considered as space heritage for their undoubtful significance in the history of humanity. An international legal regime for a protection of such objects does not exist today. That is why necessity to analyse and summarize possible international legal aspects of the protection of historical and cultural heritage in outer space and on celestial bodies has grown and becomes the purpose of this paper. The proposed thesis will consist of 3 chapters except introduction and conclusion. The first chapter will examine the features of the legal status of ‘space heritage’. The second chapter will refer to existing practice of national initiatives into the preservation of space heritage. Thereby, the most vivid example in the field of State’s practice will be non-binding document, ‘NASA’s Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts’, which aims to preserve the U.S. artifacts on lunar surface. Another example is the bill ‘One Small Step to Protect Human Heritage in Space Act’, which aims to protect the historic Apollo 11 landing sites. The last chapter will examine the different paths to establish appropriate protection of space heritage at the international level.

Vladimir Savelev
Vladimir Savelev, Рeoples’ Friendship University of Russia (RUDN University).

Albert Khayrutdinov
Albert Khayrutdinov, National University of Science and Technology (MISiS).

Space Tourism and Space Law: Approach Based on the Law Applicable to Astronauts

Keywords astronauts, space tourism, space law
Authors Jonathan Campos Percivalle de Andrade
AbstractAuthor's information

    Although space tourism is still an embryonic activity and has been gradually developing through private companies, it is a subject that soon, contrary to what has been happening, should occupy the great international forums that are dedicated to the space theme, such as the United Nations Committee for the Peaceful Uses of Space (COPUOS). The present work has the objective, from the existing legal regime for astronauts, especially the Agreement on the Rescue of Astronauts and Restitution of Astronauts and Objects Launched into Cosmic Space of 1968, outlining some rights that may be granted to space tourists recognized either from a specific international convention or from the analogous application of the 1968 Rescue Agreement, which, under the rules of the Vienna Convention on the Law of Treaties of 1969, proves to be more difficult in international law to occur. In any case, it seems incontestable, as observed in the 1968 Rescue Agreement, that space tourists be guaranteed the right (and at the same time the duty of States) to be saved, assisted and restored in case of problems in re-entry from the cooperation of the State that carry out these efforts jointly with the company responsible for the flight. Thus, the need to construct a regime for space tourists emerges, especially through an international convention that provides for its minimum rights, as well as the obligations of companies and States.

Jonathan Campos Percivalle de Andrade
Jonathan Campos Percivalle de Andrade, Peruíbe College, Brazil.