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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

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.

Nicola Rohner
Article

What Are Space Resources? What Are Celestial Bodies?

The Need for Refined Legal Definitions in View of Recent Regulatory Efforts Concerning Space Resources

Journal International Institute of Space Law, Issue 5 2018
Authors Irmgard Marboe and Michael Friedl
AbstractAuthor's information

    Recent efforts in the regulation of the use of space resources have raised controversial discussions about the compatibility of respective national legislation with international law. The situation is relatively unclear, also because key terms in this context have so far remained relatively vague and undefined under international law, including most importantly the terms space resource and celestial body. The purpose of the present paper is to examine how these terms, as they are used in the UN space treaties, should and could be defined in order to provide better guidance to national legislators and international fora concerned with the formulation of recommendations on space resources governance at the international level. In addition to Articles 31 and 32 of the Vienna Convention on the Law of Treaties, approaches and definitions used in practice by scientists, such as astronomers, astrophysicist, and engineers, will be taken into account.
    As regards the term space resource it will be addressed to what extent the difference between renewable and non-renewable resources may be relevant for the legal qualification of outer space resources and the regulation of their use. As regards the term celestial body it will be asked whether it could be meaningful to differentiate the Moon – and other planets and stars – from asteroids in the development of legal regimes governing their use and exploitation. In this respect, recent scientific findings will be presented in more detail.
    Technological progress and its legal implications shall be discussed in view of the historical development of the legal regime of outer space, including the concepts of freedom of use, benefit of mankind and common heritage of mankind. The paper will also address comparable concepts and their development in the law of the sea.


Irmgard Marboe
University of Vienna, Austria.

Michael Friedl
University of Vienna, Austria.

    This paper tries to give orientation on which legal ramifications a plan for a Moon Village should observe. Through an analysis of the relevant provisions of international space law it shall be highlighted what kind of activities are compatible with international space law as well as which kind of legal developments of space law may be aimed at in order to make future activities of the Moon Village successful.


Stephan Hobe
Prof. Dr. Dr. h.c., LL.M. (McGill); Director of the Institute of Air Law, Space Law and Cyber Law; holder of the Jean-Monnet Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne. stephan.hobe@uni-koeln.de.

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). rada.popova@uni-koeln.de.
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.

    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.

Robin J. Frank
Robin J. Frank, Esq., Associate General Counsel International Law, Office of the General Counsel, National Aeronautics and Space Administration, United States.

David R. Lopez
David R. Lopez, Attorney Adviser, Office of the General Counsel, National Aeronautics and Space Administration, United States.
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

Access_open Report of the 59th Colloquium on the Law of Outer Space

Guadalajara, Mexico, 2016

Journal International Institute of Space Law, Issue 8 2016
Authors P.J. Blount and R. Moro-Aguilar

P.J. Blount

R. Moro-Aguilar
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.

Sylvia Ospina
S. Ospina & Associates – Consultants, POB 141814, Coral Gables, FL 33114, Email: sospina@bellsouth.net; sospina2@gmail.com.
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.
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.
Article

The End of the Concept of “Common Heritage of Mankind”?

The Views of State Parties to the Moon Agreement

Journal International Institute of Space Law, Issue 2 2016
Authors Irmgard Marboe
Author's information

Irmgard Marboe
University of Vienna, Austria, irmgard.marboe@univie.ac.at.

Kai-Uwe Schrogl
Chief Strategy Officer, European Space Agency (ESA)

Hannes Mayer
Karl Franzens University Graz, Austria
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