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Article

Real-Time Challenges for the Registration Regime: Where to?

Journal International Institute of Space Law, Issue 9 2018
Authors Georgia-Eleni Exarchou, Yvonne Vastaroucha, Pelagia-Ioanna Ageridou, e.a.
AbstractAuthor's information

    Registration is the sole basis for “jurisdiction and control” in outer space (Art. VIII OST) and also constitutes the basis for responsibility over a space object. It is therefore evident that ambiguities regarding registration are crucial for the safety of space operations. The discussion about registration has been escalating lately as space is becoming increasingly accessible with the diversification of space subjects. Simultaneously the practice of States indicates reduced diligence in registering their space objects. Initially, the present paper briefly recapitulates the different registries and processes based on the general rule that a launching State shall register a space object set by Art. II of the 1976 Registration Convention. It then turns to current challenges concerning the registration procedure as well as its consequences. Firstly, the term “launching State” is scrutinized, aiming to address several cases of private launches where registration was omitted. Subsequently, the challenges posed by the transfer of ownership of in-orbit space objects are discussed. In this context, it is examined whether there is a rule of international law allowing for the transfer of registration where the registering State has no effective control over an object. Secondly, the paper analyses the notion of “launching State” in light of joint launching and launchings realized by international organizations. It further attempts to answer the relevant question of registration of mega-constellations. The paper concludes by reviewing the possibility of the desirable harmonization and standardization of the registration regime under the Registration Convention, the UNGA Resolution 62/101 and the newly added Guideline 6 of the Guidelines for the Long-Term Sustainability of Outer Space Activities in light of the aforementioned developments.


Georgia-Eleni Exarchou
National & Kapodistrian University of Athens.

Yvonne Vastaroucha
National & Kapodistrian University of Athens.

Pelagia-Ioanna Ageridou,
National & Kapodistrian University of Athens.

Iliana Griva
National & Kapodistrian University of Athens.
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.

Helena Correia Mendonça
Vieira de Almeida & Associados.

Magda Cocco
Vieira de Almeida & Associados.

Cristina Melo Miranda
Vieira de Almeida & Associados.

    From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, addressing inter alia the special character of outer space activities and the space industry and the role of the European Space Agency in this respect.


Frans G. von der Dunk
University of Nebraska-Lincoln.
Article

From the Unilateral Acts of States towards Unilateralism in Space Law

Journal International Institute of Space Law, Issue 1 2018
Keywords Unilateral acts of States, unilateralism, multilateralism, cooperation, space law making
Authors Tugrul Cakir
AbstractAuthor's information

    Unilateralism has generally been considered a concept with negative connotations. It should be underscored that in some cases unilateralism has resulted in changes either to customary law or treaty law, whereas in others it has not. Consequently, not every type of unilateralism can be perceived as a challenge to Space Law. Nevertheless, we can see the risks of unilateralism when not acquiesced to or generally supported by other States. It is obvious that the multilateral process is becoming more complicated than before which complicates finding multilateral solutions in Space Law. This paper argues that a better understanding of unilateral acts is necessary before delving into the matter of the unilateralism in Space Law.


Tugrul Cakir
Centre du Droit des Espaces et des Frontières, Université Jean Moulin Lyon III, France, PhD candidate, tugrul.cakir@etu.univ-lyon3.fr.
Article

Kiwi’s in Space

New Zealand’s ‘Outer Space and High-Altitude Activities Act’

Journal International Institute of Space Law, Issue 4 2017
Authors Frans G. von der Dunk
Author's information

Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law.
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.
Article

Legal Loophole or Just a Matter of Interpretation?

On the Outer Space Treaty’s Methodology Test with the Diversification of Space Activities

Journal International Institute of Space Law, Issue 1 2017
Authors Merve Erdem
Author's information

Merve Erdem
Department of International Law, Ankara University Faculty of Law, Cemal Gürsel Caddesi No: 58, 06590, Cebeci, Ankara, Turkey, erdemm@ankara.edu.tr

Éloi Petros
IDEST Université Paris-Sud, eloi.petros@idest-paris.org
Article

Access_open On-Orbit Transfer of Satellites between States

Legal Issues – with Special Emphasis on Liability and Registration

Journal International Institute of Space Law, Issue 7 2016
Authors Upasana Dasgupta
Author's information

Upasana Dasgupta
McGill University, Canada.
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.
Article

The Second African National Space Law

The Nigerian NASRDA Act and the Draft Regulations on Licensing and Supervision

Journal International Institute of Space Law, Issue 5 2016
Authors Frans G. von der Dunk
Author's information

Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program, Fvonderdunk2@unl.edu.

Edmond Boulle
Satellite Applications Catapult, United Kingdom, edmond.boulle@sa.catapult.org.uk. The author is a member of the International Institute of Space Law and former Executive Secretary of the European Centre for Space Law (2013-2015). The views expressed in this paper are those of the author. The author would like to thank Neil Fleming (AIG), Paul Aitchison (AIG) and Florian Deconinck (Satellite Applications Catapult) for a thought provoking discussion that gave rise to this paper. The author also wishes to express his sincere gratitude to David Wade (Atrium Space Insurance Consortium) and Cécile Gaubert (lawyer, formally Marsh) who, in addition to the aforementioned persons, have allowed the author to draw upon formidable and invaluable industry experience and insight to the benefit of this paper.
Article

Dealing with the Regulatory Vacuum in LEO

New Insurance Solutions for Small Satellites Constellations

Journal International Institute of Space Law, Issue 4 2016
Authors Neta Palkovitz
Author's information

Neta Palkovitz
ISIS − Innovative Solutions In Space B.V., The Netherlands, n.palkovitz@isispace.nl, Ph.D. Candidate, International Institute of Air and Space Law, Leiden University, The Netherlands, neta.netnet@gmail.com.

Akiko Watanabe
Independent Researcher, Japan, akiko.watanabe109@gmail.com.

Hannes Mayer
Karl Franzens University Graz, Austria, hannes.mayer@uni-graz.at.
Article

Contract Law and the Space Industry

“Best Efforts” and the Emergence of Environmental Sustainability Provisions

Journal International Institute of Space Law, Issue 1 2016
Authors Nicholas Puschman
Author's information

Nicholas Puschman
International Law Division, European Space Agency. The views expressed in this article belong to those of the author in his personal capacity, and do not necessarily reflect those of the European Space Agency.

Kumar Abhijeet
Doctoral Candidate, Institute of Air and Space Law, University of Cologne, Germany

Alexander Soucek
European Space Agency, Paris, France

Tim. Flohrer
European Space Agency, Darmstadt, Germany

Stijn Lemmens
European Space Agency, Darmstadt, Germany

Marco Ferrazzani
European Space Agency, Paris, France

Pierre Reynaud
European Space Agency, Paris, France

Stefan Frey
Swiss Space Office, on secondment to the European Space Agency

Jean-Marie de Poulpiquet
National Centre for Space Studies, Université Toulouse 1 Capitole, SIRIUS Chair
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