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Article

Fledgling Polish Space Industry Ready for Lift–Off

Law as a Risk Management Tool in the Emerging Space Sector

Journal International Institute of Space Law, Issue 9 2018
Keywords outer space, space activity, national space law, liability in space law, Polish space law
Authors Katarzyna Malinowska
AbstractAuthor's information

    This paper presents an overview of recent developments in Poland from a regulatory and institutional point of view, as well as at a programme level. Though Poles played an active part in setting out the foundations of the international space law, largely through the pioneer of space law – Polish Professor Manfred Lachs – for many years the Polish space industry barely existed, consisting only of the activities of a few engineers brave enough to set up start-ups and cooperate with big international players. The situation changed in 2012, when Poland joined ESA as a full member. Joining ESA and opening up the space industry to small players can be perceived as a significant trigger for the boost of Polish space projects. The first results came quickly. The number of Polish companies active in the sector is growing rapidly, already reaching 300 companies, forming a consistent, consolidated group of large, medium and small enterprises. Over the last five years, the attitude of the government has also been changing.
    Concerning regulatory challenges, Poland has still not adopted comprehensive space legislation, though in July 2017, a draft law on space activity was published by the government. The legal concept adopted in the national space law, especially about risk management, may influence the development of the whole national space activity, which still suffers from insufficient capital to bear the high level of risk related to ultra-hazardous activity such as space activity. The recent tendencies covering small sats, New Space, suborbital flight and space mining are also the subject of pending legislative discussions.


Katarzyna Malinowska
Professor at Kozminski University, Poland, katarzynamalinowska@kozminski.edu.pl.

P.J. Blount

Rafael Moro-Aguilar

P.J. Blount
University of Luxembourg.

    Cyber security opens a new dimension in the discussion on human activities in outer space. The part of the law pertaining to cyberspace which is of interest for this paper is the regulation related to cyber activities in outer space.
    Space activities are not immune from malicious cyber activities as transmission signals are vulnerable to cyber access. The range of threats is very wide and can include the loss of control, the disruption of services and the modification or loss of data. While it is clear that the malicious uses of cyberspace constitute a large spectrum of threats for space operations, the legal rules applicable to cyber operations have still to be determined.
    This paper will first tackle definitional matters in order to describe the technical nature of cyberspace and to address the question on how cyber law may touch upon outer space activities. Then, questions of the applicability of international law and space law to cyber activities as well as measures to address the consequences of cyber threats to the space infrastructure will be addressed.


Rada Popova
Teaching and Research Fellow and PhD candidate at the Institute of Air Law, Space Law and Cyber Law (University of Cologne); (Mag. iur) Law Master’s Degree (University of Vienna); Researcher at the 2017 Centre for Studies and Research (Hague Academy of International Law). Institute of Air Law, Space Law and Cyber Law, University of Cologne, Germany, rada.popova@uni-koeln.de.

    As in previous years, this third Progress Report provides an update on the developments of The Hague International Space Resources Governance Working Group. It focuses on the results of the last meeting of its first phase, which ended in December 2017 and provides an overview of the expected activities in its second phase from 2018-2019.
    Following a very brief recap of the purpose and functioning of the Working Group, the paper will focus on the major milestone achieved at the end of the first phase, namely the “Draft Building Blocks for the Development of an International Framework on Space Resource Activities”. The Building Blocks were formulated as a basis for negotiations on a future governance system for the use of space resources and were widely made available in order to gather feedback from the international community at large, the results of which will be presented.
    The paper will also report on other progress made during the second phase of the Working Group, such as the establishment of a technical panel and a socio-economic panel and the results of the fifth face-to-face meeting.
    Lastly, the paper provides insight into the prospects for a successful conclusion of the activities of the Working Group and the way forward toward an international framework for the governance of space resources.
    All authors are closely involved with the creation and activities of the Working Group.


Tanja Masson-Zwaan
International Institute of Air & Space Law, Leiden University, the Netherlands, t.l.masson@law.leidenuniv.nl (corresponding author).

René Lefeber
Netherlands Ministry of Foreign Affairs, the Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
The Hague International Space Resources Governance Working Group, the Netherlands, giuseppe.reibaldi@gmail.com.

Dimitra Stefoudi
International Institute of Air & Space Law, Leiden University, the Netherlands, d.stefoudi@law.leidenuniv.nl.


Article

Report of the 60th Colloquium on the Law of Outer Space

Adelaide, Australia, 2017

Journal International Institute of Space Law, Issue 6 2017
Authors P.J. Blount and R. Moro-Aguilar

P.J. Blount

R. Moro-Aguilar
Article

Seeing People

Using Satellites for the Benefit of All

Journal International Institute of Space Law, Issue 3 2017
Authors P.J. Blount
Author's information

P.J. Blount
University of Mississippi School of Law.
Article

Space-Based Services Supporting Refugees

Legal Aspects

Journal International Institute of Space Law, Issue 3 2017
Authors Mahulena Hofmann, Gerome Aloisio and Loredana Rinaldis
Author's information

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

Gerome Aloisio
Gerome Aloisio, University of Luxembourg, Master in Space, Communication & Media Law.

Loredana Rinaldis
Loredana Rinaldis, University of Luxembourg, Master in Space, Communication & Media Law.

George Anthony Long
Fountain Hills, AZ United States, gal@legalparallax.com.
Article

Spaceplanes Operating in Airspace

In Search of a Regulatory Regime for Traffic Coordination

Journal International Institute of Space Law, Issue 2 2017
Authors George D. Kyriakopoulos
Author's information

George D. Kyriakopoulos
Lecturer in International Law, Faculty of Law, National and Kapodistrian University of Athens.

Jean-François Mayence
Belgian Federal Science Policy Office (BELSPO), Belgium, maye@belspo.be.

Stefan A. Kaiser
LLM (McGill). Wassenberg, Germany, stefanakaiser@aol.com. This paper represents the author’s personal opinion and shall not be attributed to any organization with which he is affiliated. Copyright by Stefan A. Kaiser, 2017. Published by American Institute of Aeronautics and Astronautics Inc., with permission.
Article

NewSpace

Putting an End to National Prestige and Accountability?

Journal International Institute of Space Law, Issue 2 2017
Authors Ulrike M. Bohlmann and Moritz Bürger
Author's information

Ulrike M. Bohlmann
Dr. Ulrike M. Bohlmann, European Space Agency, Paris, France.

Moritz Bürger
Moritz Bürger, B.A., Eberhard Karls University of Tübingen, Tübingen, Germany.
Article

Elon, Fly Me to the Moon!

Legal Dimensions of Space Tourism beyond Earth Orbit

Journal International Institute of Space Law, Issue 2 2017
Authors Larry F. Martinez and Maria A. Pozza
Author's information

Larry F. Martinez
Larry F. Martinez, California State University, Long Beach, CA 90840-4605 USA, Larry.Martinez@csulb.edu.

Maria A. Pozza
Maria A. Pozza, Lane Neave, 141 Cambridge Terrace, Christchurch 8013, New Zealand, maria.pozza@laneneave.co.nz.
Article

New Space Activities and Legislation

A General Overview with a Specific Reference to the Ongoing Debate in Italy

Journal International Institute of Space Law, Issue 2 2017
Authors Marina Gagliardi, Nicoletta Bini, Cristina Marabottini e.a.
Author's information

Marina Gagliardi
Marina Gagliardi, Legal Affairs Unit, Italian Space Agency, Rome, Italy.

Nicoletta Bini
Nicoletta Bini, Legal Affairs Unit, Italian Space Agency, Rome, Italy.

Cristina Marabottini
Cristina Marabottini, Legal Affairs Unit, Italian Space Agency, Rome, Italy.

Gianfranco Gabriele Nucera
Gianfranco Gabriele Nucera, Department of Political Sciences, Sapienza University of Rome.

Hamid Kazemi
Dr. Hamid Kazemi (main author), Aerospace Research Institute, Ministry of Science, Research and Technology, Iran, h.kazemi@ari.ac.ir.

S. Hadi Mahmoudi
Dr. S. Hadi Mahmoudi, Shahid Beheshti University, Iran, h mahmoudi@sbu.ac.ir.

Ali Akbar Golroo
Dr. Ali Akbar Golroo, Aerospace Research Institute, Iran, ali@ari.ac.ir.
Article

The Hague Space Resources Governance Working Group

Second Progress Report and the Way Forward

Journal International Institute of Space Law, Issue 2 2017
Authors Tanja Masson-Zwaan, René Lefeber, Giuseppe Reibaldi e.a.
Author's information

Tanja Masson-Zwaan
Tanja Masson-Zwaan (corresponding author), International Institute of Air & Space Law, Leiden University, The Netherlands, t.l.masson@law.leidenuniv.nl.

René Lefeber
René Lefeber, Netherlands Ministry of Foreign Affairs, The Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
Giuseppe Reibaldi, Special Space Policy Advisor, The Netherlands, giuseppe.reibaldi@gmail.com.

Dimitra Stefoudi
Dimitra Stefoudi, International Institute of Air & Space Law, Leiden University, The Netherlands, d.stefoudi@law.leidenuniv.nl.

Maria Manoli
DCL Candidate, Institute of Air and Space Law, McGill University; Erin J.C. Doctoral Fellow in Space Governance.
Article

Access_open Belgium and Democratic Constitution-Making: Prospects for the Future?

Journal Netherlands Journal of Legal Philosophy, Issue 1 2017
Keywords constitutional change, democracy, participation, Belgium
Authors Ronald Van Crombrugge
Abstract

    How constitutions are changed – and more importantly: how they should be changed – is the subject of ongoing debate. There seems to be a growing consensus, however, that in order for a constitution to be considered legitimate it is required that it was created through a democratic process. This growing consensus stands in sharp contrast with the Belgian experience of constitutional change as an essentially elite-led process that takes place behind closed doors. This article seeks to explore the possibilities for more democratic forms of constitutional change in Belgium. It does so by evaluating and comparing two examples of democratic constitution-making, namely the constitution-making processes In South Africa (1996) and Iceland (2012). On the basis of these two examples, several concrete suggestions will be made, which are not only relevant for the Belgian case but can be applied more broadly to other countries as well.


Ronald Van Crombrugge
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