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Article

Space Tourism and Space Law: Approach Based on the Law Applicable to Astronauts

Journal International Institute of Space Law, Issue 1 2020
Keywords astronauts, space tourism, space law
Authors Jonathan Campos Percivalle de Andrade
AbstractAuthor's information

    Although space tourism is still an embryonic activity and has been gradually developing through private companies, it is a subject that soon, contrary to what has been happening, should occupy the great international forums that are dedicated to the space theme, such as the United Nations Committee for the Peaceful Uses of Space (COPUOS). The present work has the objective, from the existing legal regime for astronauts, especially the Agreement on the Rescue of Astronauts and Restitution of Astronauts and Objects Launched into Cosmic Space of 1968, outlining some rights that may be granted to space tourists recognized either from a specific international convention or from the analogous application of the 1968 Rescue Agreement, which, under the rules of the Vienna Convention on the Law of Treaties of 1969, proves to be more difficult in international law to occur. In any case, it seems incontestable, as observed in the 1968 Rescue Agreement, that space tourists be guaranteed the right (and at the same time the duty of States) to be saved, assisted and restored in case of problems in re-entry from the cooperation of the State that carry out these efforts jointly with the company responsible for the flight. Thus, the need to construct a regime for space tourists emerges, especially through an international convention that provides for its minimum rights, as well as the obligations of companies and States.


Jonathan Campos Percivalle de Andrade
Jonathan Campos Percivalle de Andrade, Peruíbe College, Brazil.
Article

The Documentation of Human Rights Violations by Satellites: The Satellite Sentinel Project

Journal International Institute of Space Law, Issue 1 2019
Keywords Documentation of international crimes, satellite images, evidence, Space Law instruments
Authors Ingrid Barbosa Oliveira and Jonathan Percivalle de Andrade
AbstractAuthor's information

    The present work aims to examine and study the organization “The Satellite Sentinel Project”, created to monitor the commission of international crimes in Sudan, which was essential to support the attacked civilian population and document human rights violations that occurred during the Civil War. By that, it is possible to understand that space technology can also be considered an important asset in the human rights protection systems, especially regarding the production of evidence of heinous acts of violence. Therefore, an important question arises: are those images able to guarantee legal standards to human rights systems regardless of the lack of regulation of satellite use in this particular area? For this purpose, the Sudan case was studied in light of the evidence obtained by the Satellite Sentinel Project, in order to understand its effectiveness. In sequence, the Space Law instruments, which regulate Earth observation and remote sensing activities, were examined. Finally, the discussion relied on the lawfulness and admissibility of satellite imagery as evidence before accountability proceedings.


Ingrid Barbosa Oliveira
I. B. Oliveira, Faculty of Law, International Law Postgraduate Center, Catholic University of Santos, Santos, São Paulo, Brazil.

Jonathan Percivalle de Andrade
J. P. de Andrade, Faculty of Law, Department of International Law, University of São Paulo, São Paulo, Brazil.

Jonathan Percivalle de Andrade
Peruíbe College.
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