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Article

Giambattista Vico

Critical Legal Studies in Contextual Historical Mode?

Journal European Journal of Law Reform, Issue 4 2021
Keywords international law, history, Critical Legal Studies, Giambattista Vico
Authors Guillermo Coronado Aguilar
AbstractAuthor's information

    The original thought of Giambattista Vico can provide a different avenue of understanding international law departing from Critical Legal Studies (CLS) by way of making contextual history. According to Vico, history was a human creation upon which history moved in an orbit rather than a straight line to progress, as the Enlightenment proposes. Under such a Vichian perspective, the understanding of ideas, institutions, and civilizations should be judged as elements of their own time; with their own goals, symbols, rituals, art, languages, gestures, myths, social customs, and law. Thus, avoiding presentism and anachronism. Vico provides an alternative method to the understanding of international law through history.


Guillermo Coronado Aguilar
Guillermo Coronado Aguilar, Presidential PhD scholar at The University of Hong Kong. The author wishes to thank the support provided by the University of Hong Kong through the Presidential PhD Scholar Programme and the continous encouragement by Prof. James D. Fry. This work was presented at the TMC Asser workshop “Method, methodology and critique in international law” organized by Dimitri van den Meerssche, special thanks to the conveners and to Prof. Ben Golder who took the time to review and made comments to this work.
Article

Space Heritage: International Legal Aspects of Its Protection

Journal International Institute of Space Law, Issue 1 2020
Keywords space heritage, cultural heritage, UNESCO, space law
Authors Vladimir Savelev and Albert Khayrutdinov
AbstractAuthor's information

    The increasing involvement of States in the process of research and use of outer space, as well as the steady development of technical capabilities of space-faring commercial entities, entails a serious growth in the number of space flights. This may adversely affect the physical integrity and safety of the objects, which can be considered as space heritage for their undoubtful significance in the history of humanity. An international legal regime for a protection of such objects does not exist today. That is why necessity to analyse and summarize possible international legal aspects of the protection of historical and cultural heritage in outer space and on celestial bodies has grown and becomes the purpose of this paper. The proposed thesis will consist of 3 chapters except introduction and conclusion. The first chapter will examine the features of the legal status of ‘space heritage’. The second chapter will refer to existing practice of national initiatives into the preservation of space heritage. Thereby, the most vivid example in the field of State’s practice will be non-binding document, ‘NASA’s Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts’, which aims to preserve the U.S. artifacts on lunar surface. Another example is the bill ‘One Small Step to Protect Human Heritage in Space Act’, which aims to protect the historic Apollo 11 landing sites. The last chapter will examine the different paths to establish appropriate protection of space heritage at the international level.


Vladimir Savelev
Vladimir Savelev, Рeoples’ Friendship University of Russia (RUDN University).

Albert Khayrutdinov
Albert Khayrutdinov, National University of Science and Technology (MISiS).
Article

Arbitration of Space-Related Disputes

Case Trends and Analysis

Journal International Institute of Space Law, Issue 1 2020
Keywords arbitration, dispute resolution, space-related disputes, satellites
Authors Vivasvat Dadwal and Madeleine Macdonald
AbstractAuthor's information

    Despite a consistent annual increase in the number of space-related disputes, the distinct role of arbitration in the resolution of these disputes remains understudied. To our knowledge, there exist no consolidated catalogues for publicly-reported space-related disputes that have been resolved through international arbitration. This research begins to fill that gap by cataloguing all publicly-reported space-related disputes that have been resolved through international arbitration to date. Results are categorized and analyzed according to: (i) type and subject matter of dispute submitted to international arbitration, as organized by industry and topic; (ii) kind of disputant currently employing international arbitration, as organized by type and size of actor; (iii) applicable law used in international arbitration; (iv) seat; and (v) arbitral institution administering the dispute. Results shed light on current industry practices and complement existing research on the use of arbitration clauses by companies providing space-related products and services. Scholars, policymakers, and legal practitioners may use the data to assess the strengths and weaknesses of the current dispute-resolution infrastructure and to inform future practices in the resolution of space-related disputes.


Vivasvat Dadwal
Vivasvat Dadwal, King & Spalding LLP.

Madeleine Macdonald
Madeleine Macdonald, Justice Canada.

    Satellite Constellations are often brighter and visible in the night sky and therefore an increase in the number of satellite constellations in the Earth’s orbit can threaten the dark skies of the earth. The bright trails of these satellites constellations on the Dark skies in large numbers can interfere with various Astronomical activities. Considering these interferences, this paper will discuss the legal measures under International Space law to protect Dark skies from Satellite constellations. Firstly, this paper will emphasize how an extension of the “Equitable Access principle” by the ITU to LEO and MEO will help in regulating the number of operating Satellite Constellations, thereby reducing the disturbances caused to Dark skies of the earth. Secondly, this paper will analyse how the concept of “Milestones based launching” of Satellite constellations as agreed under WRC 2019 can help in shaping mitigation measures. Thirdly, this paper will emphasize on the Role of Domestic Regulators such as FCC of U.S etc. and the development of National Policies to regulate Satellite Constellations in order to prevent their pollution of dark skies. Finally this paper will evaluate the importance of World Heritage Convention 1972 in protecting the Dark Skies.


Tejas Bharadwaj
Tejas Bharadwaj, BA. LLB Hons. Energy Law, University of Petroleum and Energy Studies, Dehradun.
Article

Compromise, Commonhold and the Common Heritage of Mankind

Journal International Institute of Space Law, Issue 2 2020
Keywords commonhold, property, real estate, common heritage of mankind, colonization
Authors Chelsey Denney
AbstractAuthor's information

    This paper addresses the limitations that conflicting approaches to celestial property rights place upon the development of settlements on the Moon and Mars. It does not seek to engage in the ongoing debate about the legitimacy of private property rights in outer space. Instead, the focus is on providing an alternative method of ownership that would enable the existence of private property, whilst protecting the right of all nations to be involved in the management of a territory seen by many as the “Common heritage of mankind”. It is argued this compromise would be best achieved through a modified version of Commonhold, a system of property ownership currently used within England and Wales. The premise of Commonhold being that although owners possess the freehold title to their property, there is a shared ownership of, and responsibility for, common areas. It is proposed that a comparable system could be constructed for use within this context, with representatives from each interested country able to discuss and vote upon a number of issues relating to the management of celestial territory. This model would also facilitate the inclusion of covenants, such as a stewardship covenant, ensuring owners used their land in a sustainable way. By guaranteeing that some areas remain commonly owned, it safeguards the right of all nations to use and benefit in some way from celestial territories. Further, the credibility of a model involving multinational cooperation and management would be demonstrated by a comparison between the management committee proposed here, and the European Council and Antarctic Treaty Consultative Meetings. Ultimately, it is concluded that Commonhold provides, if not a perfect solution, at least a base upon which to work.


Chelsey Denney
Chelsey Denney, chelseydenney@icloud.com.

    This paper attempts to analyse how the law applicable to property rights over various things in outer space should be determined considering the framework of ‘jurisdiction and control’ provided by international law in the age of settling on the Moon and Mars. This thought experiment reveals current uncertainty and the need to embrace private interests in space law.


Fumiko Masuda
Fumiko Masuda, Okayama University.

    With the shortage of space and resources on earth to support increasing human population, plans are devised for human habitation on the moon and other celestial bodies. While the State agencies of the developed States are involved in implementing such plans from a long period of time, the private space players are not far behind in involving themselves in such endeavours. Rapid scientific and technological innovations are indicating the fact that the idea of human settlement on the moon and other celestial bodies is not a far-fetched dream. However, the possible legal impediments under the international space treaties as well as under conflicting municipal laws seem to be the major concerns in the practical implementation of such a fascinating idea. To start with, it is significant to bear in mind that the international space law has developed on the basis of the principle of common rights as against individual rights. In furtherance of this spirit of common rights, one of the fundamental principles of international space law is the principle of national nonappropriation enshrined under Article II of the Outer Space Treaty 1967. The idea of celestial settlement is seen as a threat to this fundamental principle as human settlements might lead to the claim of State sovereignty and consequently national appropriation in contravention of Article II. An incidental question that arises out of such settlements is also the possibility of private property claims and rights for resource exploitation by the settlers, which again brings forward debates under Article II of the Outer Space Treaty and Article 11 of the Moon Agreement 1979. Protection of celestial environment is another area of concern arising out of celestial settlements. While the celestial environment is known to be fragile, the current treaty norms under Article IX of the Outer Space Treaty and Article 7 of the Moon Agreement are grossly inadequate to regulate environmental pollution. Added to this, the liability norms under the space treaties are human-centric, and hence, they don’t fix any liability for damage caused to celestial environment. Another limb of concern in celestial settlements stems from the need for regulating the activities of settlers. While there would be concerns about the applicable law governing the human activities, exercise of jurisdiction and law enforcement would become much more complicated in the absence of judiciary and executive machinery on the celestial bodies. Hence, the celestial settlements need to be organised and well-planned to avoid the situation of costs outweighing the benefits in economic, social and legal sense.


Sandeepa Bhat
Prof. Dr. Sandeepa Bhat B, Professor of Law, The WB National University of Juridical Sciences Salt Lake City, Kolkata, India. E-mail: sandeep@nujs.edu.

    Outer Space Treaty Article VI imposes State responsibility for the outer space activities of non-governmental entities subject to its jurisdiction. The intersection of outer space and cyberspace presents the issue of when a cyberspace activity constitutes a space activity for purposes of Article VI. The answer is fairly direct when a cyber activity is performed or engaged in by a satellite or other space object situated in space. The answer is not as clear when terrestrial cyber activity is deployed that has an effect in outer space. This paper will explore when and under what circumstances terrestrial cyber activity of non-governmental actors can be deemed to be a space activity which evokes State responsibility under Article VI. This necessitates examining what constitutes a “space activity” for purposes of Article VI. Since the Outer Space Treaty does not define the term “space activity,” the issue exists as to whether the term “space activity” is subject to definition by domestic legislation or whether it is subject to international definition. Although Article VI uses the mandatory term “shall,” it is unclear if State responsibility is strictly applied without any exception or if factors such as the actor’s intent or lack of intent, and/or the State’s exercise or lack of exercise of supervision or due diligence are relevant in determining whether a State has complied with its Article VI’s supervisory responsibility for terrestrial cyber activity of natural or juridical persons subject to its jurisdiction. Lastly, the paper will briefly explore whether a State can sufficiently supervise the terrestrial cyber activities of its nongovernmental actors which may constitute a space activity.


George Anthony Long
George Anthony Long, Managing Member, Legal Parallax, LLC, United States; www.legalparallax.com, gal@legalparallax.com. © George Anthony Long (2020).
Article

Outer Space and Cyber-Attacks

Attributing Responsibility under International Space Law

Journal International Institute of Space Law, Issue 4 2020
Keywords outer space, cyber-attacks, responsibility, International Space Law
Authors Ishita Das
AbstractAuthor's information

    The linkages between the two domains of outer space and cyberspace are deepening with the commercialization of outer space and the deployment of an increasing number of satellites delivering communications, navigation, and military services. However, the vulnerabilities stemming from this relationship are yet to be addressed in a comprehensive manner. While there is no policy that specifically addresses this interface, International Space Law can deal with the problems arising in this regard. Article VI of the Outer Space Treaty deals with ‘international responsibility’. However, this relationship was not considered when the treaty was drafted back in the 1960s. Cyber-attacks may affect the space assets by interfering with (a) ‘flight control’ and (b) ‘payload control’. While with regard to the former scenario, the launching state may be held responsible for activities that cause damage to the surface of the Earth, in relation to the latter, the provisions of the Outer Space Treaty and the Liability Convention cannot really be invoked. The aim of this research paper is essentially fourfold: (1) provide a background to the interface of the outer space and cyberspace, especially in view of the rise in commercialization; (2) discuss how cyber-attacks affecting space assets may be dealt with under the Outer Space Treaty and the Liability Convention; (3) explore the challenges as regards determination of responsibility in the context of life cycles of the space assets and multiple parties and finally, (4) provide the concluding remarks and suggestions.


Ishita Das
Ishita Das, NALSAR University of Law, Hyderabad, India.
Article

Domestic Legislation and Challenges Related to Outer Space Laws in Pakistan

Journal International Institute of Space Law, Issue 5 2020
Keywords lawmaking process, treaty implementation, national space policy, civil space agency, national space regime, Pakistan space program
Authors Shakeel Ahmad
AbstractAuthor's information

    In Pakistan, there exists valuable technical and entrepreneurial capability that could be used to take full advantage of space benefits for national economic development. However, the country has not yet become a full spacefaring nation as compared to some other States. At national level, there is a strong realization to uplift national space program and many initiatives are being taken. However, lack of political will, interest in space related public policies are the main hindrances to formulate national space laws. The existing general national laws of Pakistan are somewhat relevant to outer space exploration and use, however, lack in full and systematic support of new developments as compared to various spacefaring nations. These are the challenges that must be addressed by Pakistan in order to legislate and to revisit its present structure, both legislative and decision-making, for outer space activities. This paper critically analyzes the domestic legislative hurdles and challenges with a view of recommending the adoption of relevant national laws and regulations in order to develop and sustain a full space economy as well as to implement Pakistan’s international obligations, in line with some other States.


Shakeel Ahmad
Shakeel Ahmad, Erin J.C. Arsenault Research Fellow, Institute of Air and Space Law, McGill University; email: shakeel.ahmad@mcgill.ca. Author has also served as a focal person for Centre of International Law at NDU, Islamabad, Pakistan.
Article

The Regional Preference from a Space Law and Policy Perspective and the European Intergovernmental Organisation as a Potential Model for the Middle East

Journal International Institute of Space Law, Issue 5 2020
Keywords regional preference, procurement, European perspective, Middle East, space industry
Authors Annette Froehlich and Claudiu Mihai Tăiatu
AbstractAuthor's information

    This article aims to provide the European perspective, highlighting the European Space Agency (ESA) procurement framework for regional industrial development as a potential model for the Middle East. Space activities are increasing across the Middle East and many of these countries are members of the World Trade Organization (WTO). This means that they must abide by WTO trade principles including competition rules. However, Middle East countries, especially Gulf countries, have developed national procurement frameworks applicable to the oil and gas industry to protect national industry participation and promote local employment. Similar rules of procurement could be proposed for the space industry in order to develop and secure the space industry in the Middle East region. To balance the criteria of regional preference and WTO competition rules, ESA’s industrial space policy could serve as a model for the Middle East.


Annette Froehlich
Dr. Annette Froehlich, LL.M., MAS, European Space Policy Institute (ESPI), Schwarzenbergplatz 6, Vienna, Austria; annette.froehlich@espi.or.at; German Aerospace Center (DLR); SpaceLab, Department of Electrical Engineering, University of Cape Town.

Claudiu Mihai Tăiatu
Claudiu Mihai Tăiatu, LL.M., European Space Policy Institute (ESPI), Schwarzenbergplatz 6, Vienna, Austria; claudiu.taiatu@community.isunet.edu.

    Previous work has been undertaken (Green, Neumann, Grey 2018) to consider the development of the Newspace Sector and its impact on space activities in Low Earth Orbit (LEO). This previous work noted that although propertisation of space and celestial bodies is prohibited pursuant to the Outer Space Treaty 1967 (UN), orbits within space still remain rivalrous and commercially lucrative. For example, by operating in a LEO environment, a constellation of satellites would prevent other competitors from also operating and providing services within that same orbital plane or orbital shell. A regulatory scheme may be advantageous in mitigating anti-competitive conduct between private enterprises by allowing new entrants to market to gain access to commercially lucrative orbital planes, while ensuring access for government continues for national security and emergency response activities. This paper will consider these issues and explore what a regulatory or licensing scheme would look like for private enterprises operating in LEO and how UNOOSA and the ITU may act as arbiters. This paper will also offer solutions to facilitate a regulatory; or, licensing scheme that prevents anti-competitive conduct.


Thomas Green
Thomas Green, PhD Student, University of Wollongong; tjg171@uowmail.edu.au.

Patrick Neumann
Patrick Neumann, Chief Scientist, Neumann Space Pty Ltd; paddy@neumannspace.com.

Kent Grey
Kent Grey, Partner, Minter Ellison, 25 Grenfell Street, Adelaide 5000 Australia; kent.grey@minterellison.com.

Trevor Sandlin
Trevor Sandlin, Chief Mate AGT, USNS Salvor, United States Merchant Marine; sandlin.trevor@gmail.com.

Thomas Cullum
Thomas Cullum, Engineer, Neumann Space Pty Ltd; tomc@neumannspace.com.

Ilana Pender-Rose
Ilana Pender-Rose; ilanapenderrose@gmail.com.

Robert Mahoney
Robert Mahoney, Founder, Southern Cross Innovations; robert.mahoney24@gmail.com.

    Space technologies and their ever-growing innovative practical applications are changing the way humanity functions. This trend towards transformational change and the ‘democratisation’ of space is expected to extensively penetrate into our everyday lives. Currently, space activities are being undertaken by numerous domestic and international operators, which range from owners of a single satellite to corporations planning to operate large constellations of satellites. These NewSpace activities, while offering unprecedented opportunities for humanity in aiming towards a prosperous world, also pose some unparalleled challenges to the foundational norm and objective of international space law – that the ‘exploration and use of outer space shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development’. In this paper, the authors discuss some of these challenges posed by NewSpace activities, particularly with respect to communications, and propose specific steps to be taken by the international community to maintain and update the international space regulatory framework. Based on three case studies of three intergovernmental organisations – involving the originally constituted structure of INTELSAT and the current structures of INTERSPUTNIK and ARABSAT, this paper describes their appropriateness in maintaining the key above-mentioned objective of international space law.


Ram S. Jakhu
Ram S. Jakhu, Associate Professor/Acting Director, Institute of Air and Space Law, McGill University, Canada.

Upasana Dasgupta
Upasana Dasgupta, Erin J C Arsenault Doctoral Fellow, Institute of Air and Space Law, McGill University, Canada.

Steven Freeland
Steven Freeland, Professor of International Law, Western Sydney University, Australia.

    Outer Space is an international common area, where exploration and use are recognized as the rights of all countries (Art.1, Outer Space Treaty (OST)). States bear international responsibility for their national activities, including those carried out by non-governmental entities with the requirement of “authorization and continuing supervision by the appropriate State” (Art.6, OST). Due to the operational nature of space activities, it is physically and legally unrealistic to separate them by some territorial criteria. Hence, it is natural for safety operations and other common domains of traffic, such as aviation or maritime, to pursue a certain level of unification of national control, although concrete measures for realizing the OST requirements are entrusted to each State. Thus, establishing an international regime for space traffic management is becoming a critical issue in contemporary space governance. From this point of view, the implementation of Art. 6 of the OST must be revisited as a precedent since it is the sole and explicit requirement of international law for States when controlling their space activities. Practically, national legislation for implementing this requirement is lumbering, even within major space powers. Thus, it is only in this decade that national regulations have rapidly begun to emerge. Based on the analysis of several practical cases, focusing particularly on non-governmental space activities, this paper aims to present the possibility and boundary of effective “authorization and continuing supervision by the appropriate State” to retain effective control, for the safety and sustainability of space activities.


Yu Takeuchi
Yu Takeuchi, Management and Integration Department, Human Space Flight Technology Directorate, JAXA, 2-1-1 Sengen, Tsukuba, Ibaraki, Japan 305-8505; Institute of Space Law, Graduate School of Law, Keio University, 2-15-45 Mita, Minato-ku, Tokyo, Japan 108-8345.

    Artificial intelligence (AI) is increasingly used in space activities. AI employs machine learning techniques, which enable the system to automatically improve its performance by exposure to large amounts of data. Such technological developments entail that space activities will be conducted with increased system autonomy. However, this makes its behavior largely unpredictable, Thus, questions arise on how AI impacts the current system of liability under international space law. This paper submits that cases that require ‘fault’ of the launching State will become (even) more difficult to handle, in view of the challenges in defining ‘fault’ and in establishing causal connection between the fault and the damage. Fault may be indicated by non-compliance with established international rules or codes of conduct, by insufficient regard of other States’ interests under Art. IX OST, or by unreasonable behavior. These parameters are examined in relation to AI, alongside additional AI-specific factors, e.g. training data. If AI is used to support human decisions through recommendations, then human factors should also be considered, such as appropriate warnings and user-friendly system design. Moreover, explainability of AI decisions is highly desirable, but also hard to materialize owing to the complexity of AI systems. In any case, comparing AI behavior with human behavior should not be excluded, but extreme caution is required. The paper concludes that it is necessary to establish international regulations on space activities, even in non-binding form, and international, performance-based safety standards. Any gaps in victim protection will have to be filled by national legislation and insurance.


Michael Chatzipanagiotis
Dr. Michael Chatzipanagiotis, Lecturer in Law, University of Cyprus.

    Suddenly, Low Earth Orbit is becoming increasingly crowded at an accelerating pace. As the first “megaconstellations” of hundreds and thousands of small communications satellites are being launched into new constellations, there are also a growing number of smaller satellites being launched by newly space-faring nations as well as non-profit institutions. In both cases, there is an urgent need for appropriate global and national legal/regulatory frameworks to support and govern these innovations within the bounds of the Outer Space Treaty. One venerable regulatory institution is addressing these challenges: the International Telecommunication Union (ITU). The ITU’s ongoing activities to incrementally prepare a basis in international law to both encourage and regulate these new space innovations quietly establishes a proven model for the world to follow. In 2019, the ITU and its members gathered for its quadrennial treaty conference, the World Radiocommunication Conference (WRC-19), to address, among other items, how to handle the filings for new very large non-geostationary satellite constellations and the growing number of cubesats, which are often launched without adherence to the ITU’s Radio Regulations, a treaty instrument on access to radiofrequency spectrum and the orbits. This paper examines how the ITU develops a legal framework to balance the encouragement of innovative space services whilst ensuring that existing international legal norms are observed. In particular, it will provide insights the innovative results achieved by WRC-19. The ITU’s longstanding history of successfully facilitating new space technologies is remarkable and offers an often overlooked model for other institutions for adopting space law.


Audrey L. Allison
Audrey L. Allison, The Boeing Company.

    Even though much innovation was occurring in outer space in the ‘space age’, it is only recently that activities in the stratosphere and mesosphere have caught the fantasy of business. Sub-orbital flights and high-altitudinal platforms (HAPs) are some of the ways in which the region’s capabilities are being sought to be exploited. The area is also environmentally very sensitive because of the presence of the ozone layer. Legally however it is an indistinct area, where it is not clear whether the activities that take place are airspace or outer space activities. Referred to by different names by different authors, this area is being designated as Near Space for the purpose of this paper. Extending from approximately 18km – 160km above sea level this is a region where most aviation activities come to an end but the atmosphere is too dense to support space activities. Given the current debates, there is a high likelihood of the area being demarcated simply as airspace or outer space, without much consideration being given to its unique scientific, technical and economic capacities. This paper argues that it is the underlying State that has the greatest interest in preserving the Near Space above its territory, and that similar to the EEZ a specific legal regime for Near Space is needed. The example of EEZ will be used to show how national laws (even in absence of an international regime) can benefit both the underlying States as well as preserve what is right now a global commons.


Mini Gupta
Mini Gupta, Adv. LLM. (Air and Space) Law, Leiden University, Leiden, the Netherlands.

Tommaso Sgobba
Tommaso Sgobba, Executive Director, International Association for Advancement of Space Safety, Noordwijk, the Netherlands.

    The present paper focuses on analysis of international humanitarian law application to space in the light of IHL status as lex specialis due to circumstances of armed conflict and space law status as lex specialis due to area of application. How “non-aggressive” and “non-military” activities correlate to possibility of use of force and recourse to self-defence in space? Shall international humanitarian law norms prevail over regulations under international space law on use of weapons and establishment of semi- and demilitarized zones? Are attacks on space objects, which have plurality of launching states, legitimate? In which cases targeting dual-use space objects is legal? Following answers to these questions the paper draws attention to theatre of war in space area and destruction of space objects in light of damage caused by space debris to space environment. Issues of combatants from civilians distinction among astronauts and obligations on rendering assistance to them are analysed. Based on the done analysis the paper elaborates on proper modes of actions in the situation of international armed conflict in space from the point of view of both, international space and humanitarian law obligations fulfilment. Possibility of non-international armed conflict in space due to plurality of launching states of space objects is presented. Finally, topics for further research are introduced (obligations of neutral parties in control of private national space activities and compensation of damage, caused by space objects, during armed conflict) and conclusions on future development of space related international humanitarian law norms are formulated.


Darya Bohdan
Darya Bohdan, PhD Student at Department of International Law, Belarusian State University, Minsk, Belarus. This paper represents the personal opinion of the author and shall not be attributed to any organization with which she is affiliated.

    In 2020, SpaceX, OneWeb, and other companies lead the construction of the space-based internet constellation. Although it may take time for these constellations to enter extensive commerce, for space-based internet constellation operators (hereinafter Operators), obtaining an operating license is as important as achieving technical goals. As the laws and regulations on telecommunication qualification authorization, radio equipment type approval (hereinafter TA), and cross-border data protection, and Operators need to conduct compliance reviews before conduct business in accordance with the characteristics of their spacebased internet access products. Factors such as a vast land area, huge population, and complex terrain are expected to create a huge satellite Network market in China.

    This paper will analyze and classify the satellite Network products related to China’s laws and regulations currently in force. This paper focuses on Regulations of the People’s Republic of China on the Management of Radio Operation, Administrative Provisions on the Establishment of Space radiocommunication Networks as well as the Setup and Use of Earth Stations, Telecommunication Regulation of the People’s Republic of China, and other related regulations, etc. This paper will give a brief compliance guide for satellite network operators who plan to conduct business in China by analyzing business models and laws. Finally, this paper will analyze the legislative trends of laws and regulations related to the satellite network and policy trends and the changes and opportunities that may be brought to satellite network compliance.


Huxiao Yang
Huxiao Yang, Innovation Academy for Microsatellites of CAS, Building 4-5, No. 99 of Haike Rd, Zhangjiang High-Tech Park, Shanghai, P.R.China 210210, yanghx@mircosate.com.
Article

The Militarization of Outer Space as a Factor of Innovation of International Humanitarian Law

A Comparative Research

Journal International Institute of Space Law, Issue 7 2020
Keywords international humanitarian law, outer space
Authors Alexsandro Souza de Lima
AbstractAuthor's information

    Humanity, in more recent years, has witnessed a dramatic acceleration of changes in various aspects of life. The various technological advances throughout history have their effects in many different fields of science, among which International Humanitarian Law (IHL) is not exempt. In addition to customary norms, IHL has been codified in various treaties. It should be also noted that other normative instruments have been dynamically inserted within the scope of IHL, with the purpose of following the evolution of war technology, linked to the reception of humanitarian issues by States, standing as additional protocols. However, there is controversy about the need to update IHL in the face of certain new technologies, even though they may make belligerence possible in other environments, such as cyber and outer space. At this point, some theorists argue that the principles enshrined in that branch of law are sufficient to cope with the aforementioned developments. However, practice has shown that these new war like scenarios have raised doubts in the international community as to the applicability of IHL in certain circumstances that were previously unexplored. For this reason, efforts have been made to understand the topic, resulting in documents that, if not binding, at least bring a guiding character to the issue. It is, therefore, this theme that this research project addresses, seeking to identify the need to update the IHL due to the novelty of the considered environment.


Alexsandro Souza de Lima
Alexsandro Souza de Lima, Outer Space Affairs Monitoring Department, Institutional Security Office of The Presidency of The Republic of Brazil.
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