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    The Moon contains resources such as Helium-3, Titanium, and Rare Earth Elements, that can potentially be extracted and incorporated into different products.
    The Outer Space treaty provides every state the right to extract and use resources from the Moon, however with limitations under the treaty. Under Article IV para 2 of the treaty, all State parties are mandated to ‘use’ the Moon exclusively for peaceful purposes. However the treaty fails to define the term ‘peaceful’. This ambiguity offers opportunity of such extracted minerals to be used for military purposes, i.e. incorporated into weapons, armours, structures etc. by Space powers in the future. In that case, is military use of these lunar resources permitted under the Outer Space Treaty?
    Thus to analyse the legality this paper will adopt the rules of interpretation under The Vienna Convention on the Law of Treaties to establish that the term ”peaceful” can only be interpreted as ”Non-Military” and that any interpretation allowing ”Use” of the moon and its resources for military purposes would defeat the object and purpose of the treaty. The paper will also discuss the interpretative evolution of Peace, from Negative Peace i.e. mere absence of war or aggression, to a broader concept of Positive Peace to conclude that military use of resources extracted from the Moon is Non-peaceful and is prohibited under Outer Space Treaty. Finally, the paper will end at a functional approach to tackle the problems posed by the dual use of these Lunar Resources.


Tejas Bharadwaj
T. Bharadwaj, student, BA. LL.B School of Law, University of Petroleum and Energy Studies, Dehradun, Uttarakhand, India.

Harshith Iyer
H. Iyer, Student, B. Com. LL.B School of Law, University of Petroleum and Energy Studies, Dehradun, Uttarakhand, India.

Setsuko Aoki
Professor of Law, Keio University Law School, Tokyo, Japan.

Thea Flem Dethlefsen
LLB and LLM, University of Copenhagen, Denmark. Adv. LL.M. Air and Space Law, Leiden University (2018).

Heejeong Vicky Jeong
LLB (Hons.), London School of Economics and Political Science, UK. Adv. LL.M. Air and Space Law, Leiden University (2018).

Antonino Salmeri
LLM (cum laude), University of Catania, LLM (cum laude) Law and Government of the EU, LUISS University, Rome. Adv. LLM Air and Space Law, Leiden University (2018).

    This article studies five category of malicious cyber activities against space assets in order to assess to what extent the existing international telecommunications law and space law address such activities and identify which rules should be pursued to effectively solve them. Five category of such activities include jamming, hijacking, hacking, spoofing, and robbing the control of telemetry, tracking and control (TT&C) of a satellite (a kind of anti-satellite (ASAT)). Actual incidents are selected for analysis. Those are: (i) jamming: Iranian deliberate harmful interference to the Eutelsat satellites solved in the ITU; (ii) hijacking: a terrorist organization, Liberation Tigers of Tamil Eelam (LTTE) hijacking US Intelsat-12 satellite solved by diplomatic negotiation between the Sri Lankan and US Governments using international telecommunications law developed by the ITU and individual national laws; (iii) hacking: alleged Chinese hacking of US NOAA’s information systems; (iv) spoofing: Iranian spoofing of the GPS signals to guide a US/CIA’s RQ-170 UAV into the Iranian territory; and (v) robbing the control of TT&C: alleged Chinese taking control of US remote sensing satellites including Landsat-7 and Terra AM-1. Concluding remarks include: 1) international telecommunications law developed in the ITU can adequately address harmful interference or hijacking as a result of malicious cyber activity as long as that is conducted by a non-State actor; 2) efforts have started in the ITU to strengthen its fact-finding ability in line with the TCBM measures taken in space activities. This orientation may be remembered as a beginning of the new stage that international space law and international telecommunications law would be merged into one field of law: 3) It remains unclear about the implications of an intangible damage occurred to a satellite when its TT&C is robbed of as a result of malicious cyber activity, while it is clear that such an action constitute the violation of the principles of respect for state sovereignty, national jurisdiction and non-intervention. Thus, for promoting peaceful uses of outer space, the elaboration of relevant Articles of the Outer Space Treaty is urgently needed to formulate clear conditions for national space activities.


Setsuko Aoki
Professor of Law, Keio University Law School, Japan, saoki@ls.keio.ac.jp.
Article

The Belt and Road Initiative (B&R) Provides Opportunity for China to Dominate Space Cooperation in Asia?

An Analysis from the Legal Perspective

Journal International Institute of Space Law, Issue 2 2018
Keywords Asian Space Cooperation, B&R Initiative, Competition to Regional Space Dominance, Chinese National Space Legislation, APSCO’s Legal Framework
Authors Mingyan Nie
AbstractAuthor's information

    The co-existence of more than one regional space cooperation entity in Asia presents the competition on the cooperation of space affairs in this territory. Against this background, the Asian space powers take all possible measures to attract more space partners. The Belt&Road Initiative (B&R), which is defined as a comprehensive strategy for China to meet the challenges brought by the globalization, provides opportunities for the space field. However, legal improvements are demanded to be made on both domestic and regional levels for responding to the relevant legal challenges. On the domestic level, the Chinese space regulation which is intended to be formulated before the year of 2020 is recommended to encompass fundamental principles and provisions friendly to non-governmental entities and foreign partners. On the regional level, the Asia-Pacific Space Cooperation Organization (APSCO) is required to transform its role from Chinese platform to compete with its Asian rivals on space cooperation affairs to a co-builder and services provider of the B&R space programs (e.g., the SIC). Accordingly, legal coordination approached to ensure implementing the “co-sharing” principle is needed to be made between APSCO and the SIC sponsor; moreover, APSCO itself must do modifying jobs to improve its legal framework to adapt the requirements of its new role.


Mingyan Nie
Faculty of Law, Nanjing University of Aeronautics and Astronautics.
Article

Can Japan Launch Itself into Becoming a Leader in Global Space Business with Its New Space Legislation?

Journal International Institute of Space Law, Issue 1 2018
Keywords Japan, Space Startups, Space Activities Act, New Space Business, Venture Capital
Authors Masaya Uchino
AbstractAuthor's information

    On November 2016, the Japanese Diet passed the Space Activities Act (“SAA”) and the Satellite Remote Sensing Act in an effort to modernize its domestic space legislation and encourage its small but growing private sector to become global leaders in burgeoning new types of space business. This paper will examine whether it is feasible for these new laws to propel Japan enough to catch up with current market leaders such as SpaceX in the United States. The paper will have three parts. First, the paper will outline the legal regime that applies to the Japanese space industry. Second, the paper will analyze the impact of Japan’s new space legislation and provide a comparative analysis of how they measure up to other space-faring nations’ space laws. The paper will find that various aspects of Japan’s new space laws have great potential to attract significant foreign space business to be conducted in Japan. The third part of the paper examines whether the country’s economy can take advantage of these new legal developments and spur growth among startups. This article discusses how the Silicon Valley model may not be compatible with the financial culture in Japan. After examining how currently thriving startups are financed by corporate investments, the paper concludes that corporations need to finance space startups in more traditional forms of financing in Japan in order to infuse capital into the space industry. Drawing from legal and financial experts, this paper concludes that both legal and financial aspects are coming together for Japanese private space business. Depending on the industry’s momentum, the SAA may launch Japan to become globally competitive in the near future.


Masaya Uchino
ZeLo Law, Attorney-at-Law qualified in the United States (California and Hawaii).
Article

The Use of Space Technology Export Controls as a Bargaining Solution for Sustainability

A Chicago Convention Model of Space Governance

Journal International Institute of Space Law, Issue 5 2017
Authors Gilles Doucet and Cassandra Steer
Author's information

Gilles Doucet
Gilles Doucet, Spectrum Space Security Inc.

Cassandra Steer
Cassandra Steer, Executive Director, Women in International Security-Canada.

Robin J. Frank
Robin J. Frank, Esq., Associate General Counsel International Law, Office of the General Counsel, National Aeronautics and Space Administration, United States.

David R. Lopez
David R. Lopez, Attorney Adviser, Office of the General Counsel, National Aeronautics and Space Administration, United States.

Melissa Kemper Force
B.S.Ch.E., J.D., LLM. General Counsel, Spaceport America, Las Cruces, New Mexico, USA, melissa.force@spaceportamerica.com.
Article

Emerging Approaches in Development Efforts

Chinese Perspective on Space and Sustainable Development

Journal International Institute of Space Law, Issue 5 2017
Authors Yun Zhao
Author's information

Yun Zhao
Professor of Law, The University of Hong Kong.
Article

The Manual of International Law Applicable to Military Uses of Outer Space(MILAMOS)

Chinese Perspective on Space and Sustainable Development

Journal International Institute of Space Law, Issue 5 2017
Authors Dale Stephens and Melissa de Zwart
Author's information

Dale Stephens
Professor Dr Dale Stephens CSM, Adelaide Law School, University of Adelaide, Australia.

Melissa de Zwart
Professor Dr Melissa de Zwart, Adelaide Law School, University of Adelaide, Australia.
Article

Accommodating New Commercial Space Applications in the Global Legal/Regulatory Framework

An Evolutionary Approach to Launching the New Space Revolution

Journal International Institute of Space Law, Issue 5 2017
Authors Audrey L. Allison and Bruce Chesley
Author's information

Audrey L. Allison
Audrey L. Allison, Esq., The Boeing Company.

Bruce Chesley
Bruce Chesley, PhD, The Boeing Company.
Article

An Enabler or a Barrier?

“NewSpace” and Japan’s Two National Space Acts of 2016

Journal International Institute of Space Law, Issue 4 2017
Authors Setsuko Aoki
Author's information

Setsuko Aoki
Professor of Law, Keio University Law School, Japan, saoki@ls.keio.ac.jp.
Article

Disarmament in Outer Space

Banning ASAT Weapons with Soft Law?

Journal International Institute of Space Law, Issue 1 2017
Authors Takuya Sugimura

Takuya Sugimura

Robin J. Frank
Associate General Counsel for International Law, National Aeronautics and Space Administration (NASA), United States. Mr. David R. Lopez, Intern, International Law Practice Group, Office of the General Counsel, National Aeronautics and Space Administration (NASA) and a 2017 J.D. Candidate, University of Houston Law Center (Texas) is the primary author of Section 4 of this paper. In addition, the author thanks Mr. Lopez for his research and editing assistance on other parts of this paper. The author also thanks Benjamin W. Juvelier, Intern, International Law Practice Group, Office of the General Counsel, NASA and a graduate student at American University (Washington, D.C.), JD May 2017; MA in International Service in December 2017 for his research assistance for this paper. In addition, the author thanks her colleagues in NASA’s Office of International and Interagency Relations for their assistance, in particular Ms. Sherry Copeland, Program Specialist, for her outstanding research on NASA agreements discussed in this paper. Finally, the author thanks her colleague Laura Burns, NASA’s Law Librarian for her substantive and extensive research assistance. Any errors in this paper are the author’s errors alone.

Setsuko Aoki
Keio University, Japan, saoki@ls.keio.ac.jp.
Article

Privatisation of PSLV

What the Law of Outer Space Demands

Journal International Institute of Space Law, Issue 5 2016
Authors Kumar Abhijeet
Author's information

Kumar Abhijeet
National Law School of India University, India, Kumarabhijeet@nls.ac.in.

Olga Stelmakh-Drescher
Dr. Olga Stelmakh-Drescher, Institute of Air and Space Law, McGill University, Canada.

Ivan Kosenkov
Mr. Ivan Kosenkov, Skolkovo Foundation, MGIMO (Moscow State Institute of International Relations), Russian Federation.

Sumara M. Thompson-King
General Counsel, National Aeronautics and Space Administration (NASA), United States

Robin J. Frank
Acting Associate General Counsel for International Law, National Aeronautics and Space Administration (NASA), United States
Article

Access_open Akera v Mheni

Journal International Institute of Space Law, Issue 11 2014
Authors Martha Mejía-Kaiser

Martha Mejía-Kaiser
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