Search result: 21 articles

x

    Space technologies and their ever-growing innovative practical applications are changing the way humanity functions. This trend towards transformational change and the ‘democratisation’ of space is expected to extensively penetrate into our everyday lives. Currently, space activities are being undertaken by numerous domestic and international operators, which range from owners of a single satellite to corporations planning to operate large constellations of satellites. These NewSpace activities, while offering unprecedented opportunities for humanity in aiming towards a prosperous world, also pose some unparalleled challenges to the foundational norm and objective of international space law – that the ‘exploration and use of outer space shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development’. In this paper, the authors discuss some of these challenges posed by NewSpace activities, particularly with respect to communications, and propose specific steps to be taken by the international community to maintain and update the international space regulatory framework. Based on three case studies of three intergovernmental organisations – involving the originally constituted structure of INTELSAT and the current structures of INTERSPUTNIK and ARABSAT, this paper describes their appropriateness in maintaining the key above-mentioned objective of international space law.


Ram S. Jakhu
Ram S. Jakhu, Associate Professor/Acting Director, Institute of Air and Space Law, McGill University, Canada.

Upasana Dasgupta
Upasana Dasgupta, Erin J C Arsenault Doctoral Fellow, Institute of Air and Space Law, McGill University, Canada.

Steven Freeland
Steven Freeland, Professor of International Law, Western Sydney University, Australia.

    Entities enjoying international legal personality are generally regarded as the “subjects” of general international law and international space law and are considered to possess rights and obligations under international law. While States have historically been recognised as the principal subjects of international law, non-State actors, such as international organisations, non-governmental entities, multinational corporations, and (arguably) individuals, are increasingly empowered with rights and subjected to obligations on the international plane. International space law, although embedded in general international law, contains unique principles and rules that are in some cases different from those of general international law. With the changing nature of activities due to technological developments, and the proliferation of actors in the space domain, it is necessary to critically examine the issues as to what are considered the subjects of international space law. This question is important both from the doctrinal perspective, and as a matter of practical relevance, as space activities are increasingly being undertaken by non-State actors under the jurisdiction and control of, or having a nexus with, several States.


Kuan-Wei Chen
K.W. Chen, Centre for Research in Air and Space Law, McGill University, Canada.

Ram Jakhu
R. Jakhu, Institute of Air and Space Law, McGill University, Canada.

Steven Freeland
S. Freeland, Western Sydney University, Australia.
Article

A Vital Artery or a Stent Needing Replacement?

A Global Space Governance System without the Outer Space Treaty?

Journal International Institute of Space Law, Issue 4 2018
Authors Ram S. Jakhu and Steven Freeland
AbstractAuthor's information

    The 1967 Outer Space Treaty is the foundational framework of international space law that has succeeded in effectively governing outer space. However, it is becoming increasingly possible that a major space power, or a group of States, may consider withdrawing from the Outer Space Treaty, particularly in view of the current trend towards nationalistic political populism and isolationistic foreign policies to selectively withdraw from certain key international institutions and treaties. The Outer Space Treaty could be one such treaty, especially in relation to the exclusive national exploitation of space-based natural resources by private entities, and threats to national security. Such withdrawals would likely have serious implications for global space governance, which is essentially based on this Treaty. This paper critically addresses some of the most serious legal issues related to the void that such withdrawal might create in the prevailing international governance regime for outer space.


Ram S. Jakhu
Institute of Air and Space Law, McGill University, Montreal, Canada,ram.jakhu@mcgill.ca (corresponding author).

Steven Freeland
School of Law, Western Sydney University, Sydney, Australia, s.freeland@westernsydney.edu.au.
Article

Keeping Up with the Neighbours?

Reviewing National Space Laws to Account for New Technology – The Australian and Canadian Experience

Journal International Institute of Space Law, Issue 4 2017
Authors Steven Freeland and Ram S. Jakhu
Author's information

Steven Freeland
Prof. Steven Freeland, Western Sydney University, Australia, s.freeland@westernsydney.edu.au.

Ram S. Jakhu
Prof. Ram S. Jakhu, McGill University, Canada, ram.jakhu@mcgill.ca.
Article

Peaceful Purposes? Governing the Military Uses of Outer Space

Journal European Journal of Law Reform, Issue 1 2016
Keywords space law, armed conflict, peaceful purposes, space warfare
Authors Steven Freeland
AbstractAuthor's information

    The development of satellite technology to enhance the exploration and use of outer space has continued at a rapid rate ever since the space age began in 1957. Satellites play a vital part of many aspects of daily life, and also with respect to the conduct of armed conflict. Most military leaders regard space-related technology as an integral element of their strategic battle platform. This reflects the changing technological nature of armed conflict, which challenges many aspects of international law, including the regulation of warfare. This is particularly the case with respect to the use of satellite technology. Moreover, the continuing development of this technology challenges the core of the ‘peaceful purposes’ doctrine that underpins the international regulation of outer space. This article discusses the application of the United Nations Space Treaties and the laws of war to the use of outer space during armed conflict and offers some reflections as to what is required to properly address the issue.


Steven Freeland
Professor of International Law, Western Sydney University; Visiting Professor, University of Vienna: Permanent Visiting Professor, iCourts Centre of Excellence for International Courts, Denmark; Member of Faculty, London Institute of Space Policy and Law; Director, International Institute of Space Law; Member of the Space Law Committee, International Law Association; Member, European Centre of Space Law.

Ram S. Jakhu
Prof. Ram S. Jakhu, McGill University, Canada: ram.jakhu@mcgill.ca

Steven Freeland
Prof. Steven Freeland, Western Sydney University, Australia: s.freeland@westernsydney.edu.au

Steven Freeland
Western Sydney University, Australia

Ram S. Jakhu
Institute of Air and Space Law, McGill University, Canada

Steven Freeland
University of Western Sydney, Australia

Ram Jakhu
McGill University, Canada

Ram S. Jakhu
McGill University, Canada, ram.jakhu@mcgill.ca.

Steven Freeland
University of Western Sydney, Australia, s.freeland@uws.edu.au.

Prof. Ram S. Jakhu
LL.M., D.C.L. (McGill); Associate Professor, Institute of Air and Space Law, Faculty of Law, McGill University, Montreal, Canada; Member of Space Security Council of the World Economic Forum; Member of the Board of Directors, International Institute of Space Law, the Netherlands.

Prof. Steven Freeland
Professor of International Law, University of Western Sydney, Australia and Visiting Professor of International Law, University of Copenhagen, Denmark; Member of the Space Law Committee, International Law Association, London; Member of the Board of Directors, International Institute of Space Law, the Netherlands; Member of Faculty, London Institute of Space Policy and Law.

Charles Freeland
Deputy Secretary General, Basel Committee on Banking Supervision. Charles Freeland is writing here in his personal capacity. The views expressed in this article do not necessarily represent the views of the Basel Committee or the Bank for International Settlements.

Steven Freeland
Professor of International Law, University of Western Sydney, Australia; Permanent Visiting Professor of International Law, University of Copenhagen, Denmark; Director, International Institute of Space Law; Member of the Space Law Committee, International Law Association; Member of Faculty, London Institute of Space Policy and Law.

Donna Lawler
Commercial Satellite Lawyer, Sydney, Australia.
Article

Appropriateness of the Moon Agreement for Lunar Exploration and Use

Global Lunar Conference in Beijing, China: IISL Session

Journal International Institute of Space Law, Issue 10 2010
Authors R. Jakhu, S. Hobe and S. Freeland

R. Jakhu

S. Hobe

S. Freeland
Article

Matching Detail with Practice: The Essential Elements of National Space Legislation

2010 IISL-ECSL Space Law Symposium Held on the Occasion of the 49th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "National Space Legislation: Crafting Legal Engines for the Growth of Space Activities"

Journal International Institute of Space Law, Issue 9 2010
Authors S. Freeland

S. Freeland

S. Freeland

S. Freeland

S. Freeland
Article

The Impact of Space Tourism on the International Law of Outer Space

Other Legal Matters I, Including Legal Aspects of Sub-Orbital Flights

Journal International Institute of Space Law, Issue 3 2005
Authors S. Freeland

S. Freeland
Article

The Australian Regulatory Regime for Space Launch Activities: Out to Launch?

New Developments in National Space Legislation

Journal International Institute of Space Law, Issue 1 2004
Authors S. Freeland

S. Freeland
Article

The Crystallisation of General Assembly Space Declarations into Customary International Law

Space Treaties, Law and Policies and Telecommunication Issues

Journal International Institute of Space Law, Issue 2 2003
Authors R.J. Lee and S.R. Freeland

R.J. Lee

S.R. Freeland
Showing 1 - 20 of 21 results
« 1
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.