International Institute of Space Law

About this journal  

Subscribe to the email alerts for this journal here to receive notifications when a new issue is at your disposal.

Issue 6, 2022 Expand all abstracts

Mahulena Hofmann
SES Chair in Space, SatCom and Media Law, University of Luxembourg; Charles University Prague.

Irmgard Marboe
University of Vienna.

Access_open Poland Goes to Space: The Draft Polish Space Act

Authors Mahulena Hofmann and Katarzyna Malinowska
AbstractAuthor's information

    Poland has a long history of space activities: As a former active participant of the Intercosmos program, it is a member of both ESA and UN COPUOS. To respond to the growing demand by research and industry, a national space law has been drafted which implements Article VI of the Outer Space Treaty, as well as aims to accommodate Poland's ambitions in the field of space resources and suborbital activities. The paper analyses the recent Draft, especially in view of the authorization procedure and liability for damage caused by space objects. It compares the outcome with the most recently adopted space law in Europe – the 2020 Space Activities Law of Luxembourg – and informs about the progress in preparing domestic space legislation in the Czech Republic.

Mahulena Hofmann
University of Luxembourg, Luxembourg

Katarzyna Malinowska
Centre for Space Studies, Kozminski University, Warsaw, Poland

Access_open Balancing the Development and Governance of Space Capabilities

An Analysis of Australia’s Space Object Regulation for the Awareness of Established and Young Space States

Authors Scott Schneider
AbstractAuthor's information

    The Australian government’s reaction to the increasing demand for NewSpace launch services allows insight into how a government may effectively regulate that industry. By addressesing some advantages and the challenges under the Australian model of regulating NewSpace launch, this paper suggests governments seeking to control those activities are most effective when they demonstrate an appreciation of regulation’s effect on progress generally and an awareness of the various domains and nuances associated with launch activities before forming a policy position. The analysis to this point also suggests that a slow start in proactively regulating NewSpace launch is, alone, no inhibitor to a government revising its approach and improving its regulatory frameworks.

Scott Schneider
The author is in the employment of SouthernLaunch.Space Pty Ltd, a non-governmental launch services provider operating within Australia.

Access_open Forging New Space Law to Support Innovation and Sustainability of Space Resources

Preview of the 2023 World Radiocommunication Conference

Authors Audrey L. Allison
AbstractAuthor's information

    The blistering pace of innovation in space, including the unprecedented growth of the population of Low Earth Orbiting satellites continues to advance unabated. Accompanying this new space boom are increasingly urgent calls for governance of this regime, or at least norms, guidelines, or standards to ensure safety, security, and sustainability of space for the benefit of all. Since 1959, the International Telecommunication Union (ITU), has been continuously developing new treaty law provisions to address the sustainability of spectrum and orbital resources while enabling new space services. The ITU’s Radio Regulations are updated every four years by the World Radiocommunication Conference (WRC) to accommodate new services and technologies. The ITU will convene the next WRC in 2023 in the United Arab Emirates. This paper will inform how the ITU continuously updates space law to accommodate emerging space services while preserving sustainability of shared resources in the specific context of the challenging agenda of WRC-23.

Audrey L. Allison
J.D., Center for Space Policy and Strategy, The Aerospace Corporation.

    Drafting of national space laws to ensure compliance by States with their international commitments has been a recent trend globally. However, the specific legislative process at each State typically renders those laws lacking in the capacity to suit, in a timely and adequate manner, the innovative and transformative nature of the sector.
    Regarding the Portuguese Space Law, open-concepts were used and lower level legal frameworks where included, allowing for the necessary flexibility to address the challenges brought on by a technology-based sector, where evolving technical knowhow and third-party standardization is of the essence to ensure the safety and quality of space activities. All while taking into consideration that Portugal is part of the EU and is, thus, subject to EU legislative and policy measures that have a direct impact on space activities and the way in which space activities may end up being regulated in Portugal.

Cristina Melo Miranda
Vieira de Almeida & Associados

Helena Correia Mendonça
Vieira de Almeida & Associados

Access_open Artificial Intelligence, Space Liability and Regulation for the Future

A Transcontinental Analysis of National Space Laws

Authors Ioana Bratu and Steven Freeland
AbstractAuthor's information

    The private sector is leading the deployment of emerging technologies such as artificial intelligence (AI), which is used for various applications including satellite collision avoidance and spacecraft operations management. However, these technological advancements may pose a number of challenges for traditional space law. This paper will focus the concept of liability for damage caused by space objects that incorporate AI through the lens of national space legislation, examining examples from various countries including the Netherlands, Indonesia, Australia, South Korea, and the United Arab Emirates. Based on this analysis, recommendations will be provided for regulating AI in the context of space activities, taking into account the European approach to AI governance and liability.

Ioana Bratu
Amsterdam Law & Technology Institute (ALTI), Vrije Universiteit Amsterdam, The Netherlands.

Steven Freeland
Emeritus Professor, Western Sydney University & Bond University, Australia.