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. |
Search result: 21 articles
Article |
Back to the Future: Space Law in a Networked World |
Journal | International Institute of Space Law, Issue 6 2020 |
Authors | Ram S. Jakhu, Upasana Dasgupta and Steven Freeland |
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Article |
The Subjects of International Space Law |
Journal | International Institute of Space Law, Issue 2 2019 |
Authors | Kuan-Wei Chen, Ram Jakhu and Steven Freeland |
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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. |
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. |
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 |
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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. |
Article |
The Relationship between the Outer Space Treaty and Customary International Law |
Journal | International Institute of Space Law, Issue 2 2016 |
Authors | Ram S. Jakhu and Steven Freeland |
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Journal | International Institute of Space Law, Issue 2 2015 |
Authors | Steven Freeland and Ram S. Jakhu |
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Article |
What’s Human Rights Got to Do with Outer Space? Everything! |
Journal | International Institute of Space Law, Issue 3 2014 |
Authors | Steven Freeland and Ram Jakhu |
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Article |
The Sources of International Space Law |
Journal | International Institute of Space Law, Issue 5 2013 |
Authors | Ram S. Jakhu and Steven Freeland |
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Article |
The Relationship between the United Nations Space Treaties and the Vienna Convention on the Law of Treaties |
Journal | International Institute of Space Law, Issue 3 2012 |
Authors | Prof. Ram S. Jakhu and Prof. Steven Freeland |
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Article |
Whose Mess is it Anyway? Regulating the Environmental Consequences of Commercial Launch Activities |
Journal | International Institute of Space Law, Issue 4 2011 |
Authors | Steven Freeland and Donna Lawler |
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Article |
Appropriateness of the Moon Agreement for Lunar Exploration and UseGlobal Lunar Conference in Beijing, China: IISL Session |
Journal | International Institute of Space Law, Issue 10 2010 |
Authors | R. Jakhu, S. Hobe and S. Freeland |
Article |
Matching Detail with Practice: The Essential Elements of National Space Legislation2010 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 |
Article |
Lost In Space? The Changing Nature of Australia's Space PolicyRecent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | S. Freeland |
Article |
The 2008 Russia/China Proposal for a Treaty to Ban Weapons in Space: A Missed Opportunity or an Opening Gambit?Weaponisation of Outer Space in the Light of the Outer Space Treaty |
Journal | International Institute of Space Law, Issue 3 2008 |
Authors | S. Freeland |
Article |
The Applicability of the Jus in Bello Rules of International Humanitarian Law to the Use of Outer SpaceSpace Law at Times of Armed Conflict |
Journal | International Institute of Space Law, Issue 5 2006 |
Authors | S. Freeland |
Article |
The Impact of Space Tourism on the International Law of Outer SpaceOther Legal Matters I, Including Legal Aspects of Sub-Orbital Flights |
Journal | International Institute of Space Law, Issue 3 2005 |
Authors | 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 |
Article |
The Crystallisation of General Assembly Space Declarations into Customary International LawSpace Treaties, Law and Policies and Telecommunication Issues |
Journal | International Institute of Space Law, Issue 2 2003 |
Authors | R.J. Lee and S.R. Freeland |