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    The Hague International Space Resources Governance Working Group has been developing the conceptual “building blocks” for the future development of an international framework for regulating the extraction of natural resources from celestial bodies. One of these building blocks contemplates the potential creation of an international registry for determining the priority rights of an entity to engage in resource extraction on a celestial body (or on a particular part of a celestial body). The purpose of this registry would be both (1) to ensure that such entities can operate without interference and (2) to ensure that such entities operate with due regard for the interests of other operators. This paper proposes a structure for such a registry as well as a process for granting priority rights to a particular entity. The proposed structure and process draws from three existing international registries of different types: (1) the United Nations Register of Objects Launched into Outer Space, (2) the ITU Master International Frequency Register, and (3) the International Registry of Mobile Assets created by the Cape Town Convention on International Interests in Mobile Equipment. Each of these registries serve as helpful examples of how to create an international registry for resource extraction. The UN Register provides an example of how to describe the location and nature of the resource extraction activities. The procedure used when updating the ITU Master Register could be transferred, with some alterations, to maintaining the resource extraction registry. Finally, the Cape Town Convention registry operates in conjunction with priority rules that would work equally well for resource extraction. In addition to ensuring the priority of the right to engage in resource extraction, the Cape Town Convention registry also gives guidance regarding how the registry could be used to protect scientific, historical, and cultural sites on celestial bodies. Eventually, this registry could be expanded to govern the use of land on celestial bodies regardless of the nature of such use, including other commercial operations or even residential housing.


Mark J. Sundahl
Cleveland State University.

    The growth of private launch service providers in the United States stems from choices made by legislators and policy-makers that, whether intentional or not, created a market for these launch services. The first of these choices was made in 1985 when President Reagan issued an executive order allowing NASA to use the Space Shuttle to deliver commercial satellites into orbit only if the satellite required the “unique capabilities” of the Shuttle. As a result, the need for launch services for satellites that did not meet this standard quickly grew and private industry soon began filling this need. The demand for private launch services became even greater when, in 1988, President Reagan issued another directive requiring government agencies to use commercial launch service providers “to the fullest extent feasible.” When the last operational Space Shuttle, the Atlantis, was retired in 2011, the U.S. government no longer had an operational launch vehicle that could reach the International Space Station. Not wanting to rely on foreign spacecraft and wanting to spur the further growth of private industry, NASA launched programs to encourage the development of private launch services to deliver crew and cargo to the ISS. These programs resulted in the rapid development of multiple private launch service providers that now compete to deliver cargo and crew to the ISS. This paper will explain the role that these policies played in the evolution of the U.S. launch service industry and whether the adoption of the US approach is appropriate for other countries where the governmental space programs and related private industry are quite different from the space program and private industry of the United States.


Mark J. Sundahl
Cleveland State University. m.sundahl@csuohio.edu.

    The Kenyan Situation pending before the International Criminal Court (ICC) is the first situation in which the prosecutor exercised his power to initiate cases “proprio motu” under Article 15 of the Rome Statute. In the wake of the comments from the former Chief Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, that there was political interference from foreign diplomats during the investigation stage of the cases, it is prudent to re-examine the standards provided under the Rome Statute regarding prosecutorial discretion and evaluate the prosecutorial power and how the Kenyan cases may shape this discretionary power in order to align it with the Preamble of the Rome Statute. The Preamble affirms that the most serious crimes of concern to the international community must not go unpunished. Further, that their effective prosecution must be ensured for the purposes of ending impunity for the perpetrators of international crimes and thus to contribute to the prevention of genocide, crimes against humanity, war crimes, and crimes of aggression.


Simeon P. Sungi
Associate Professor of Criminal Justice at the United States International University in Nairobi, Kenya. He is also an Advocate of the High Court of Tanzania and the High Court of Kenya. Dr. Sungi holds a PhD in Criminal Justice from Indiana University in Bloomington, Indiana; an MA in Criminology and Criminal Justice from Indiana State University in Terre Haute, Indiana; and an LLM in International Human Rights Law from Indiana University School of Law (now Robert H. McKinney School of Law) in Indianapolis, Indiana, all in the United States of America. He also holds an LL.B. Hons degree from the Open University of Tanzania. He is a former United Nations International Criminal Tribunal for Rwanda staff member. The views expressed herein are his own; ssungi@alumni.iu.edu.
Article

Access_open Disaggregating Corporate Freedom of Religion

Journal Netherlands Journal of Legal Philosophy, Issue 3 2015
Keywords church autonomy, freedom of association, Jean Cohen, freedom of religion
Authors Sune Lægaard
AbstractAuthor's information

    The paper investigates arguments for the idea in recent American Supreme Court jurisprudence that freedom of religion should not simply be understood as an ordinary legal right within the framework of liberal constitutionalism but as an expression of deference by the state and its legal system to religion as a separate and independent jurisdiction with its own system of law over which religious groups are sovereign. I discuss the relationship between, on the one hand, ordinary rights of freedom of association and freedom of religion and, on the other hand, this idea of corporate freedom of religion, often called ‘church autonomy’. I argue that the arguments conflate different issues, elide important distinctions and equivocate over crucial terms. There is accordingly a need for disaggregation of the concerns raised under the heading of church autonomy. This significantly weakens the apparent case for church autonomy.


Sune Lægaard
Sune Lægaard is Associate Professor in Practical Philosophy at Roskilde University, Denmark.

Mark J. Sundahl
Cleveland State University, United States

Prof. Mark Sundahl
Cleveland State University, Cleveland, Ohio, United States, mark.sundahl@law.csuohio.edu.

Russell B. Sunshine
The author is a lawyer and independent consultant in international development, based in Umbria, Italy. The ideas presented in this article draw upon concepts previously developed for his book, Managing Technical Assistance: A Practitioner's Handbook (East-West Center, 1995), and for a professional staff training workshop which he designed and conducted for the Office of the General Counsel of the Asian Development Bank in Manila in January 1998. The author acknowledges with genuine appreciation the substantive and editorial comments on preliminary drafts of the article which were contributed by Rita Parrilli, Donald Strombom and Nancy Swing.

Simeon P. Sungi
LL.B (Hons), LL.M., this work was submitted as a Masters thesis in partial fulfillment of a Masters degree in Law (LL.M.) of Indiana University School of Law - Indianapolis, Indiana, United States of America. The author wishes to thank his Supervisor and Faculty Advisor, Prof. George Edwards for his meticulous guidance in writing the work Prof. Dr. Frank Emmert for his critiques and comments in revising the article.

Prof. dr. Mark. J Sundahl

Mark J. Sundahl
Cleveland State University, United States
Article

Report of the 53rd Colloquium on the Law of Outer Space in Prague, Czech Republic, October 2010

Colloquium Report

Journal International Institute of Space Law, Issue 6 2010
Authors M. Sánchez-Aranzamendi, I. Marboe, M. Mineiro e.a.

M. Sánchez-Aranzamendi

I. Marboe

M. Mineiro

K. Reinhardt

M. Sundahl

M.J. Sundahl

M.J. Sundahl

J. Hong

J. Bonin

M. Mejia-Kaiser

M. Sundahl

C. Doldirina

C. Jorgenson
Article

Rescuing Space Tourists: A Humanitarian Duty and Business Need

Legal Issues of Private Spaceflight and Space Tourism

Journal International Institute of Space Law, Issue 2 2007
Authors M.J. Sundahl

M.J. Sundahl
Article

Issues in Space Cooperation

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors G. Sun

G. Sun

M.J. Sundahl
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