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Article

Preparing Mediators for Text-Based Mediations on ODR Platforms

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords online dispute resolution (ODR), mediation, dispute resolution, alternative dispute resolution (ADR), mediation training, text-based systems
Authors Joseph van ’t Hooft, Wan Zhang and Sarah Mader
AbstractAuthor's information

    The COIVD-19 pandemic has drawn an increasing level of attention to the role of online dispute resolution (ODR) in dispute resolution systems. As ODR becomes increasingly prevalent, unique characteristics of conducting text-based mediations via ODR platforms begin to surface, warranting discussion on modifying mediator practises to adapt to ODR platforms. This article shines a light on the advantages and disadvantages of text-based mediations through interviews with court administrators and mediators with text-based mediation experience. Accordingly, this article proposes recommendations on training mediators to use ODR platforms and modifying their practises to achieve the best outcomes in text-based mediations. Focusing on the qualitative data and information gathered from these conducted interviews, this article seeks to offer practical advice about preparing mediators to participate in text-based mediations.


Joseph van ’t Hooft
Joseph van ’t Hooft is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Wan Zhang
Wan Zhang is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Sarah Mader
Sarah Mader is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.
Developments in European Law

The First Ever Ultra Vires Judgment of the German Federal Constitutional Court: PSPP

Will the Barking Dog Bite More Than Once?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords judicial dialogue, ultra vires, PSPP, German Federal Constitutional Court, infringement procedure
Authors Robert Böttner
AbstractAuthor's information

    In May 2020, the German Federal Constitutional Court (FCC) delivered its judgment in the PSPP case. At first it seemed that it would be a remake of the Gauweiler/OMT case between the German Court and the CJEU. Shockingly, however, the German FCC decided that not only had the ECB acted ultra vires by failing to duly justify its PSPP decision, but it also found the CJEU to have delivered an incomprehensible and objectively arbitrary judgment by which the German Court was not bound. This case note not only traces the history of the PSPP proceedings, but it also tries to review the heavy criticism that the FCC’s verdict has garnered. In the context of European integration and due to the German FCC’s authority among supreme courts in Europe, it is a dangerous precedent, that the European Commission tries to curb through infringement proceedings. One can only hope that it will be settled for good and shall remain an unfortunate but singular incident.


Robert Böttner
Robert Böttner: assistant professor of law, University of Erfurt.
Article

Restorative justice conferencing in Australia and New Zealand

Application and potential in an environmental and Aboriginal cultural heritage protection context

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords restorative justice conferencing, environmental offending, Aboriginal cultural heritage offending, connection to the environment
Authors Mark Hamilton
AbstractAuthor's information

    Indigenous people may suffer harm when the environment, sacred places and sacred objects are destroyed or damaged. Restorative justice conferencing, a facilitated face-to-face dialogue involving victims, offenders, and pertinent stakeholders has the potential to repair that harm. This article explores the use of conferencing in this context with case law examples from New Zealand and New South Wales, Australia. As will be discussed, the lack of legislative support for conferencing in the Land and Environment Court of New South Wales means it is doubtful that such conferencing will develop past its current embryonic state. As well as using restorative justice conferencing to repair harm from past criminality, this article suggests that further research should explore the use of restorative justice to resolve present conflict, and prevent future conflict, where there is a disconnect between non-Indigenous use of the environment and Indigenous culture embedded in the environment.


Mark Hamilton
Mark Hamilton, PhD, is a lawyer and teaching fellow in the Criminology and Criminal Justice programme and the Law programme at the University of New South Wales, Sydney, Australia. Contact: mark.hamilton@unsw.edu.au.

Brunilda Pali
Brunilda Pali is a Senior Researcher at the Leuven Institute of Criminology, KU Leuven, Belgium, and a Lecturer at the Department of Political Sciences, University of Amsterdam, the Netherlands.

Ivo Aertsen
Ivo Aertsen is Emeritus Professor of Criminology, Leuven Institute of Criminology, KU Leuven, Belgium. Contact author: Brunilda.pali@kuleuven.be.
Article

Smart Contracts and Smart Dispute Resolution

Just Hype or a Real Game Changer?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords smart contracts, blockchain, arbitration, dispute resolution, contract law, distributed ledger technology, internet of things, cyber law, technology, innovation
Authors Mangal Chauhan
AbstractAuthor's information

    This article explains the functioning of smart contracts and technology underlying blockchain. This contribution aims to compare smart contracts with traditional contracts and discuss their situation under the present contract law. It further discusses possible issues that may arise out of the application of smart contracts, for instance, coding errors and programming defects. It studies the possible application of smart contracts to specific fields, such as e-commerce and consumer transactions and possible disputes arising out of this application. It divides the smart contracts into categories based on their form and discusses legal issues in regard to their application.
    Against the common perception that smart contracts will replace the judicial enforcement of traditional contracts, it argues that smart contracts will not replace the system but are rather another form of contracts to be governed by it. In fact, the interplay of smart contracts and contractual law creates possible legal issues as to their validity, recognition and enforcement. It provides possible solutions as to the legal issues arising out of the application of smart contracts under present contract law. The study concludes that a robust and ‘smart’ dispute resolution mechanism is required for dealing with disputes arising out of the application of new technology. Online or blockchain arbitration and other online dispute resolution mechanisms are argued to be better suited to dealing with such disputes.


Mangal Chauhan
Mangal Chauhan is Risk Analyst (Global Entity Management) at TMF Group, Amsterdam, Netherlands. Master of Laws (LL.M.) in Comparative and International Dispute Resolution from Queen Mary University of London, United Kingdom.

    The exploration of space originally gained impetus due to scientific interest and later owing to political and military strategies of the super powers. Today, not only United States of America and Russia, but many developing economies are interested in outer space. The economic considerations of undertaking mining in space is obvious given the abundance of resources available on the Moon, on Mars and the asteroids. Extra-terrestrial mining could cut down the costs of space travel and also provide material resources necessary for life on Earth. Private companies across the globe are investing in the exploration of space, leading to countries such as America and Luxembourg passing national legislation legalising the activities of these corporations and allowing them to appropriate to themselves the resources mined through their operations, without granting ownership of celestial bodies thereby complying with the Outer Space Treaty. This paper seeks to analyse the policy and legal implications of undertaking mining in space by commercial entities. The paper contemplates the possibility of conflict between the general principles of international space law contained in the five treaties with national legislations passed by USA and Luxembourg and more recently, the United Arab Emirates. A more unified approach by the international community on the subject of space mining is suggested which would harmonise the interests of the states as well as commercial players. The aim of this paper is to identify the legal and policy challenges in space mining and suggest a harmonised international framework which would benefit both corporations and states.


Maquelin Pereira
Maquelin Pereira, Amity University, Dubai.
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

A New Format for Space Law?

12th Nandasiri Jasentuliyana Keynote Lecture

Journal International Institute of Space Law, Issue 1 2020
Authors Stephan Hobe
Author's information

Stephan Hobe
Prof. Dr. Dr. h.c. Stephan Hobe, LL.M. is Director of the Institute of Air Law, Space Law and Cyber Law and Holder of the Chair for Public Internation Law, European Law, European and International Economic Law at the University of Cologne; Chair of the ILA Committee on Space Law; Chair of the IISL Directorate of Studies and Board Member of the European Centre for Space Law.

    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.

    The conception of space exploration and use as the province of all mankind is a founding principle of space law, enshrined in the Outer Space Treaty (OST) to ensure peace in outer space. In the years since the OST was drafted, the principle has retained its relevance over the years and finds expression in the Principle of Non-Appropriation, which prevents states from appropriating any celestial body in part or as a whole through claims of sovereignty, occupation or any other means. As settlements on celestial bodies move closer to reality, space law must find a place for these settlements or risk obsolescence. This paper argues for a rethinking of property rights, and eventually of sovereignty itself, in relation to the Principle of Non-Appropriation. It will explore what shape, if any, private property could take in a system where states are prohibited from claiming territory. It recommends a fresh look at the term ‘celestial body’ to apply only to larger bodies like planets and moons while excluding smaller bodies like asteroids and comets. Settlements on the newly defined celestial bodies could be defined as space objects to allow the launching states to maintain control over them. No existing state shall exercise jurisdiction over the settlements; rather an international body could grant private rights over plots of celestial bodies stopping short of absolute ownership. The paper further argues that in such a situation, the possibility of larger settlements declaring independence would have to be considered a legal possibility.


Arpit Gupta
Arpit Gupta, Gupta H.C. Overseas, arpit.gupta@guptaoverseas.com.
Article

Charting a Human Rights Framework for Outer Space Settlements

Journal International Institute of Space Law, Issue 2 2020
Keywords rule of law, human rights, governance, sustainability, space law
Authors Jonathan Lim
AbstractAuthor's information

    The advancing commercialization and democratization of access to space requires a reconceptualization of the foundational principles and values offered by international human rights law (IHRL) to the specific technical, physiological, and legal challenges of outer space. The notion of human rights seeks to establish and safeguard the dignity and value of every human being – it is inherent, broad, and aims to promote tolerance, equality and respect in reducing conflict across diverse and isolated human communities. Technological advancements have given rise to novel and unanticipated human rights concerns in an era where the development of the law lags behind technology. Human rights offer a multitude of benefits conducive to the advancement of prolonged human habitation and activities in outer space. Determining what novel fundamental human rights are required in the context of space requires and understanding premised upon human dignity, respect, and fairness – as underpinned by their relation to human health, safety, wellbeing, and dignity.


Jonathan Lim
Jonathan Lim, Jus Ad Astra.
Article

‘For All Moonkind’

Legal Issues of Human Settlements on the Moon: Jurisdiction, Freedom and Inclusiveness

Journal International Institute of Space Law, Issue 2 2020
Keywords settlements, moon, jurisdiction, freedom, inclusiveness
Authors Frans G. von der Dunk
AbstractAuthor's information

    After a long period of subdued interests in the Earth’s single celestial companion, plans to send humankind back to the Moon are hatched in abundance again, and one major difference is that this time many of those plans focus on remaining there and ultimately build semi-permanent or even permanent habitats. This obviously raises a number of issues that the short visits to the Moon by humankind so far, manned as well as unmanned, did not raise. Most fundamentally, the absence of exercise of jurisdiction on a territorial basis (as per Article II of the Outer Space Treaty) may no longer be sufficient to guarantee the baseline freedom of exploration and use (as per Article I of the Outer Space Treaty). Questions now arise as to how far the quasi-territorial jurisdiction over registered space objects (as per Article VIII of the Outer Space Treaty) can continue to exclude access to such space objects once transformed to or included in permanent habitats on the Moon in spite of the requisite free access to all areas as well as all stations and installations there (as per Articles I and XII of the Outer Space Treaty) and the similarly foundational understanding that activities on the Moon should be for the benefit and in the interests of all countries (as per Article I of the Outer Space Treaty). At what point would (hu)mankind settling on the Moon effectively become ‘Moonkind’, and what changes would, or should, that give rise to? These are the overarching questions the present paper will tackle.


Frans G. von der Dunk
Frans G. von der Dunk, University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program. No affiliation whatsoever exists between the author and the organization ‘For All Moonkind’; this paper does in no way represent or reflect the aims or opinions of that organization; and neither the title nor the contents of the paper are in any way intended to serve as endorsements of, interference with or otherwise result in harm to the mission of that organization.
Article

The 1986 United Nations Principles on Remote Sensing Dealing with the Dual-Use Nature of Space Imagery

Journal International Institute of Space Law, Issue 3 2020
Keywords remote sensing principles, international space law, national space law, data access, dissemination, dual-use, national interests
Authors Anne-Sophie Martin
AbstractAuthor's information

    The 1986 United Nations Principles on Remote Sensing represent a fundamental tool within the international legal regime governing space activities. Indeed, they provide a set of non-binding provisions to guide States willing to conduct remote sensing activities. The paper considers these Principles in light of the dual-use nature of remote sensing technology and products, as well as given the “democratisation” of the use of Earth observation data. Nowadays, remote sensing satellites are operated in many civil, commercial and military applications. In this context, it is necessary to examine the scope of the Principles in order to figure out whether the current legal framework is appropriate, in particular given the dual-use nature of satellite imagery. In addition, some legal issues arise with regard to access to and processing of data which are generated by the private sector for governmental and military uses. In fact, it is now possible to extract military information from commercial and civil Earth observation programmes. So far, the Principles have continued to prove their value and usefulness. However, they do not have been reviewed, especially as regards the technological development of space systems and the evolution of data distribution. Lastly, the paper aims to analyse the Principles by taking into account the rule of access to EO data without discrimination but nevertheless limited for national security reasons.


Anne-Sophie Martin
Dr. Anne-Sophie Martin, Department of Political Sciences, Sapienza University of Rome, Piazzale Aldo Moro, 5, 00185, Rome, RM (Italy) martin.annesophie@yahoo.fr.
Article

When Cyber Activities Are Space Activities

Definitions Are Key

Journal International Institute of Space Law, Issue 4 2020
Keywords cyber activities, space activities, non-authorized cyber activities, hacking, jamming, spoofing, interference, cyber attack, launch and operation of space objects, remote sensing, satellite communications, satellite navigation
Authors Stefan A. Kaiser
AbstractAuthor's information

    Cyber space is not Outer Space and cyber activities are different to space activities. But where are the dividing lines? Space law applies to cyber activities when they are space activities. This leads to the question how we define space activities in the meaning of the Outer Space Treaty. With increasingly refined space applications, including satellite communication, remote sensing and navigation and networked environments that span from the Earth into Outer Space, space activities need to be defined more precisely. The other term that needs to be defined are cyber activities. They depend on network connectivity and this is the possible connecting point with space activities. However, in a computer networked environment, not every signal that traverses through Outer Space becomes a space activity. Based on the definition of both, space and cyber activities, this article attempts to delineate their intersection for a practicable understanding about when a cyber activity is a space activity. Following this approach, additional terms and concepts in connection with unauthorized cyber activities need to be more precisely distinguished, including jamming, spoofing, interference and attack. More precise definitions are key to the understanding of the concepts and the linkage between cyber and space activities.


Stefan A. Kaiser
LLM (McGill). Copyright 2020 by Stefan A. Kaiser. Published by Eleven International Publishing, with permission. This paper represents the author’s personal opinion and shall not be attributed to any organization with which he is affiliated.
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

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.

    This paper studies how a new regional approach may enhance legislating or implementing national space laws and regulations through the “National Space Legislation Initiative (NSLI),” which has been implemented under the framework of the Asia-Pacific Regional Space Agency Forum (APRSAF). APRSAF was established in 1993 and has been enhancing space activities and international cooperation in the Asia-Pacific region. The NSLI is a new APRSAF initiative launched in 2019 with a view to effectively studying the status of national space laws in the Asia-Pacific region. It aims to promote information sharing and mutual learning on the practices and examples of national space laws in the Asia- Pacific region. It also aims to enhance the capacity of drafting and implementing national space laws in the Asia-Pacific countries in accordance with international norms, including especially established international law rules. This paper first examines the current situations concerning national space law developments in the Asia-Pacific region and analyses how the NSLI can advance it within the APRSAF framework. In addition to analyzing the NSLI's study reports, the significance and implications of this Initiative will also be stated for the reference and future partnership in other countries and regions.


Ikuko Kuriyama
Ikuko Kuriyama, International Relations and Research Department, Japan Aerospace Exploration Agency.

Koichi Kikuchi
Koichi Kikuchi, Legal and Compliance Division, General Affairs Department, Japan Aerospace Exploration Agency.

Takashi Iwai
Takashi Iwai, Legal and Compliance Division, General Affairs Department, Japan Aerospace Exploration Agency.

Yoko Kagiwada
Yoko Kagiwada, International Affairs Division, International Relations and Research Department, Japan Aerospace Exploration Agency.

    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.
Article

Does the End Justify the Means?

A Legal Study on the Role and Consequences of Normative Pluralism in International Space Governance

Journal International Institute of Space Law, Issue 6 2020
Keywords space law, space governance, normative pluralism, soft law, national space law
Authors Alexander Soucek and Jenni Tapio
AbstractAuthor's information

    The exploration and use of outer space, an area beyond national jurisdiction, is subject to international legal norms: a multilateral effort since more than half a century. However, the pressure on solutions facilitated or enabled by public international law is augmenting, not least because of new space actors, novel ideas to use and explore outer space and the increasingly ubiquitous concern of maintaining the long-term sustainability of spaceflight. Different actors produce standards, best practices, guidelines and other governance tools; beyond COPUOS, various initiatives of different character by industry and other actors have emerged, in particular in the area of sustainable uses of outer space. This article explores the place and effects of normative pluralism and non-legally binding norms of behaviour in global space governance from a perspective of international law.


Alexander Soucek
Alexander Soucek, European Space Agency (ESA), Paris, France/Noordwijk, the Netherlands, alexander.soucek@esa.int.

Jenni Tapio
Jenni Tapio, Ministry of Economic Affairs and Employment of Finland, Finland, jenni.tapio@helsinki.fi.
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