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    From ESA’s Moon Village to Elon Musk’s Martian cities, there is increasing talk of establishing permanent human settlements or outposts in outer space. November 2018 will mark 18 years of continuous human presence in space via the International Space Station (ISS). However, these new proposals are different for several reasons. They are intended to have a permanence never envisioned for the ISS, they are intended to be ‘home’ to more than professional astronauts and fewer than a handful of space tourists, and they will be located on the Moon and other celestial bodies. The ISS is treated by the existing space law regime as a space object, or an assembly of separate space objects, regarded as functionally no different from any other space object. However, whether this approach could be taken for facilities on the Moon and other celestial bodies is the proposed focus of this paper. None of the space law treaties provide a precise definition of the term ‘space object’, however the generally accepted understanding is that “space objects may be defined as artificial man made objects that are brought into space and are designed for use in outer space.” That is not to lament the lack of a specific definition, as it would most likely be disadvantageous to have been lumbered with the 1967 conception of ‘space object’. The nonspecificity of the treaties allow scope for development and adaptation to deal with the uses now proposed. Article VIII of the Outer Space Treaty potentially provides aid in this quest as it indicates that ‘objects constructed on a celestial body’ fall within the scope of ‘space object’. Therefore, it is most likely possible to construct a regime providing a legal basis for governance of space settlements and outposts utilizing the existing ‘space object’ concept. However, there will still be potential issue around the nonappropriation principle codified in Article II of the Outer Space Treaty. Which this paper will also explore. This is a topic which is vital for the maintenance of the existing space law regime and is of growing relevance as more proposals for permanent human presence are made.


Thomas Cheney
Northumbria University, United Kingdom; thomas.cheney@northumbria.ac.uk.
Article

Normative References to Non-Legally Binding Instruments in National Space Laws

A Risk-Benefit Analysis in the Context of Public International and Domestic Law

Journal International Institute of Space Law, Issue 4 2018
Authors Alexander Soucek and Jenni Tapio
Author's information

Alexander Soucek
European Space Agency (ESA), The Netherlands, alexander.soucek@esa.int.

Jenni Tapio
Bird & Bird Attorneys, University of Helsinki, Finland, jenni.tapio@helsinki.fi.

Laura Keogh
MHL-Law RechtsanwaltsgesellschaftmbH.

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

Federico Bergamasco
PhD Researcher, Université du Luxembourg, Faculty of Law, Economics and Finance, Federico.bergamasco@uni.lu
Article

The Implementation of TCBMs in Outer Space Activities

From the OST Principles to the International Space Governance Action

Journal International Institute of Space Law, Issue 1 2017
Authors Valentina Nardone
Author's information

Valentina Nardone
Ph.D. in Public, Comparative and International Law, Sapienza University of Rome, valentina.nardone@uniroma1.it.
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
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.

Lesley Jane Smith
Leuphana University of Lueneburg, smith@leuphana.de.

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

Hamid Kazemi
Dr. Hamid Kazemi, Aerospace Research Institute, Iran, h.kazemi@ari.ac.ir.

Melissa K. Force
MK Force Consulting, Los Angeles, CA, Force@MKForce.com.
Article

3D Printing Using Material from Celestial Bodies

A Method to Circumvent the Non-Appropriation Principle?

Journal International Institute of Space Law, Issue 2 2016
Authors Michael Chatzipanagiotis
Author's information

Michael Chatzipanagiotis
Legal Consultant, Aetherspace Consultants Ltd, Nicosia, Cyprus, Adjunct Lecturer, University of Cyprus – Legal Faculty, Nicosia, Cyprus, m.chatzipanagiotis@ aetherspace-consultants.com.
Article

Scarcity in Space

The Spectrum/Orbit Trading Solution (?)

Journal International Institute of Space Law, Issue 1 2016
Authors Konstantina Liperi
Author's information

Konstantina Liperi
Legal Officer, Department of Electronic Communications, Ministry of Transport, Communications and Works of Cyprus, Nicosia, kliperi@mcw.gov.cy. The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any agency of the Cyprus government.

Tugrul Cakir
Université Jean Moulin Lyon III, France, PhD candidate.

Paul B. Larsen
The author taught air and space law for more than 40 years respectively at Southen Methodist University and at Georgetown University. He is co-author of Larsen, Sweeney and Gilick, Aviation Law, Cases, Laws and Related Sources, second edition (Martinus Nijhof, 2012) and of Lyall and Larsen, Space Law A Treatise (Ashgate 2009)
Article

Mining Outer Space

Overcoming Legal Barriers to a Well-Promising Future

Journal International Institute of Space Law, Issue 7 2015
Authors Maria Manoli
Author's information

Maria Manoli
McGill University, Institute of Air and Space Law, Montreal, Canada

Hannes Mayer
Karl Franzens University Graz, Austria
Article

How Simple Terms Mislead Us

The Pitfalls of Thinking about Outer Space as a Commons

Journal International Institute of Space Law, Issue 5 2015
Authors Henry R. Hertzfeld, Brian Weeden and Christopher D. Johnson
Author's information

Henry R. Hertzfeld
Research Professor, Space Policy Institute, George Washington University, Washington, DC

Brian Weeden
Technical Advisor, Secure World Foundation, Washington, DC

Christopher D. Johnson
Project Manager, Secure World Foundation, Washington, DC
Article

Access_open Space Law and the Media

Science Fiction Movies on the Moon

Journal International Institute of Space Law, Issue 3 2015
Authors Rafael Moro-Aguilar

Rafael Moro-Aguilar
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