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Article

Managing Procedural Expectations in Small Claims ODR

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords fair trial, procedural justice, natural justice, waiver, small claims, consumer disputes, proportionality
Authors Fabien Gélinas
AbstractAuthor's information

    In this article, the author reflects on the appropriate place of traditional procedural guarantees in the resolution of consumer and small claims disputes using online tools. After examining the key aspects of procedural justice that constitute the right to a fair trial and analysing its effects on procedures designed for low-value disputes, the article argues for a flexible approach that takes procedural proportionality seriously.


Fabien Gélinas
Fabien Gélinas is Sir Wiliam C. Macdonald Professor of Law, McGill University, Co-Founder of the Montreal Cyberjustice Laboratory and Head of the Private Justice and the Rule of Law Research Team. The preparation of this article was made possible by grants from the SSHRC and the FQRSC. Thanks go to Dr Giacomo Marchisio and Ms Leyla Bahmany for their kind assistance. This article was originally published in Immaculada Barral (ed.) La resolución de conflictos con consumidores: de la mediation a las ODR (Madrid: Editorial Reus, 2018).

Thea Flem Dethlefsen
LLB and LLM, University of Copenhagen, Denmark. Adv. LL.M. Air and Space Law, Leiden University (2018).

Heejeong Vicky Jeong
LLB (Hons.), London School of Economics and Political Science, UK. Adv. LL.M. Air and Space Law, Leiden University (2018).

Antonino Salmeri
LLM (cum laude), University of Catania, LLM (cum laude) Law and Government of the EU, LUISS University, Rome. Adv. LLM Air and Space Law, Leiden University (2018).

    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.

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.

    China’s first space station, Tiangong-1, returned to earth on 1 April 2018 after more than six years in outer space. This was not isolated and some of the previous return of space objects are Cosmos 854 in 1978, Skylab in 1979, Delta II second stage in 1997, MIR Space Station in 2001, Italian BeppoSax in 2003, US-193 in 2008 and ESA’s GOCE in 2013. In light of these events and its inevitably increasing frequencies, it is necessary to reflect on the international law governing the re-entry of space objects.
    In the current international legal framework, the state obligations cover the whole process of re-entry without obvious loopholes, preventative ex ante and responsible ex post. But the state practice is largely uneven and there are controversies and ambiguities over obligations to forewarn hazardous events and disclose information for facilitating damage control and cleanup operation; under what conditions can reentry objects be actively removed; and how to return the objects and compensate the damages. This requires adjustment and fine-tuning of some critical notions in the space treaties and other legal documents, particularly, how to apply victim-oriented and environment-friendly principles in space sector, the balance between launching states’ jurisdiction and control of space objects and the interest of other states, the definition and determination of damages and state responsibility for hazardous activities.


Xiaodan Wu
Law School, China Central University of Finance and Economics.
Article

Big Data Flow from Space to the EU

Open Access and Open Dissemination Policy vs. the Common European Data Space

Journal International Institute of Space Law, Issue 3 2018
Authors Maria Elena De Maestri
Author's information

Maria Elena De Maestri
University of Genoa.
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.

    Whether it is for environmental purposes, by monitoring the Earth’s forests, oceans or the Arctic, or military purposes, such as target selection or troop movements, our modern society has become increasingly dependent on remote sensing activities by satellite; one of the most extensively practised space activities. In addition to these scientific and military uses, a significant commercial remote sensing market has developed predicted to be worth between US$8 and US$15 billion by 2026. Moreover, the technological capabilities of remote sensing satellites are ever improving; for example, with the Airbus Spot 6 and Spot 7 satellites that boast a 70 cm resolution or BlackSky’s Global satellite that boasts a 1 m resolution.
    However, these developments occur against a backdrop of meagre legal regulation of the activity, especially considering how commonplace remote sensing is and the fastpaced technological developments. On an international level, remote sensing activities are primarily addressed through the Remote Sensing Principles under UNGA Resolution 41/65. Yet, the Principles hardly address private entities, the scope is very limited, and the status of the Principles is contentious. In contrast, national space legislation is binding and more apt at keeping up with the developments because it is less complicated to adopt and amend such legislation than to reach consensus within the international community. Nevertheless, few states have actually addressed remote sensing in their national space legislation.
    This paper examines whether the best approach towards creating a stronger framework for regulating remote sensing activities, even on an international level, would be a bottom-up approach through national space legislation. First, it will examine the regulation of remote sensing under international law. Thereafter, this paper will discuss the regulation of remote sensing activities in a selected number of national space legislations, namely France, Germany, and the United States. Third, it will discuss, briefly, the bottom-up approach to international law-making. Finally, in light of the aforementioned considerations this paper will argue that more states should regulate remote sensing activities in their national space legislation, and that this could contribute to create more certainty about remote sensing activities on an international level but will also signal the challenges that such a bottom-up approach will bring with it.


Vincent Seffinga
Department of Law, European University Institute, Villa Salviati, Via Bolognese 156, 50139 Florence, Italy, Vincent.Seffinga@EUI.eu.
Article

Report of the UNCOPUOS IISL-ECSL Symposium

Legal Models for Exploration, Exploitation and Utilization of Space Resources 50 Years after the Adoption of the Outer Space Treaty

Journal International Institute of Space Law, Issue 9 2017
Authors Jinyoung Choi, Claudiu-Mihai Taiatu and Qing Zhao
Author's information

Jinyoung Choi
Jinyoung Choi, LL.B., LL.M, Ph.D. Candidate, International Institute of Air and Space Law, Leiden University.

Claudiu-Mihai Taiatu
Claudiu-Mihai Taiatu, Attorney at Law and LL.M. Candidate, International Institute of Air and Space Law, Leiden University.

Qing Zhao
Qing Zhao, LL.M. Candidate, China University of Political Science and 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

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

Access_open The 2016 Manfred Lachs Space Law Moot Court Competition

Case Concerning Space Debris, Commercial Spaceflight Services and Liability (Banché v. Rastalia)

Journal International Institute of Space Law, Issue 12 2016
Authors Melissa K. Force
Author's information

Melissa K. Force
Co-Chair, Manfred Lachs Space Law Moot Court Committee, IISL.

Nicholas Puschman
DipEU, L.LB (Hons.), L.LM, Graduate Trainee in the International Law Division, European Space Agency and Executive Secretary of the European Centre for Space Law (ECSL).

Nicholas Puschman
DipEU, L.LB (Hons.), L.LM, Graduate Trainee in the International Law Division, European Space Agency and Executive Secretary of the European Centre for Space Law (ECSL).
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

Parliamentary Diplomacy in the United Nations and Progressive Development of Space Law

Journal European Journal of Law Reform, Issue 1 2016
Keywords COPUOS, Legal Subcommittee, law making, agenda, working methods
Authors Tare Brisibe
AbstractAuthor's information

    Recent and on-going efforts by individual or groups of states aim to organize parliamentary mechanisms and substantive issues concerning space law. The article addresses organizational matters of the Legal Subcommittee (LSC) of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) and particularly the debate between procedure and substance. The article enquires whether amending the parliamentary process can be expected to yield results in the absence of agreement to proceed on substantive matters. Whilst highlighting the achievements of COPUOS and its LSC in the progressive development and codification of space law, attention is paid to salient decisions concerning organizational matters, taken with respect to the COPUOS and its LSC spanning the period 1990 to 1999 and post 1999 to present. Analysis is undertaken of reasons for presumed decline, alongside current and future perspectives that shall influence COPUOS and its LSC in their respective law making functions.


Tare Brisibe
Barrister & Solicitor of the Supreme Court of Nigeria, Legal Consultant and former Chair of the UN COPUOS Legal Subcommittee for the biennium 2012-2014.
Article

COSPAR Recommendations in a New Context?

Environmental Aspects of Space Mining

Journal International Institute of Space Law, Issue 2 2016
Authors Mahulena Hofmann
Author's information

Mahulena Hofmann
Professor, JUDr. CSc., University of Luxembourg, Luxembourg, Mahulena. Hofmann@uni.lu. The author would like to thank Dr. Petra Rettberg (DLR) and Prof. John Rummel, PhD. (East Carolina University) for their very valuable information and advice.

Olga Stelmakh-Drescher
Dr. Olga Stelmakh-Drescher, Institute of Air and Space Law, McGill University, Canada.

Ivan Kosenkov
Mr. Ivan Kosenkov, Skolkovo Foundation, MGIMO (Moscow State Institute of International Relations), Russian Federation.
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