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    In 2018, the president of the United States released his Space Policy Directive-3, which commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, and doles out tasks for relevant agencies, among which the Federal Communications Commission plays a significant role. Given the FCCs influence on the licensure of satellites and the proliferation of constellations, it will be a leader in fulfilling the obligations set out in SPD-3. In October of 2018, the FCC announced it would revisit its much older orbital debris management rules, with an eye towards their revision and in light of its responsibility for increasing traffic in outer space. In November, they released their Notice of Proposed Rulemaking, in which they tackle a multitude of germane topics, from spectrum use to orbital lifetime, and from choice of orbit to post-mission disposal. The comment period opened up in early 2019, and more than eighty comments were submitted to the FCC by various industry representatives, federal agencies, and international entities. This essay proposes to examine how the FCC’s planned changes will address concerns outlined in SPD-3, what work remains to be done, and challenges the agency faces in ensuring U.S. compliance with international space law and environmental obligations.


Michael S. Dodge
Assistant Professor, University of North Dakota, Department of Space Studies.
Article

“Leviathan Lite” - Towards a Global Stewardship Organization for Space Domain Awareness, Conduct, And Remediation

Journal International Institute of Space Law, Issue 8 2018
Keywords Satellite Regulation, Space Traffic Management, Social Contract
Authors Harrison E. Kearby, John M. Horack and Elizabeth K. Newton
AbstractAuthor's information

    This paper examines the dimensions, legal and policy implications, and ramifications of a proposed International Space Situational Awareness Organization (ISSAO), whose charter would be to provide leadership for international and collaborative stewardship of the space environment in LEO and beyond. As ever more satellites, rockets, and space stations are launched into space, the need for debris tracking, debris remediation, orbital traffic deconfliction, and definitions of ‘best practices in caretaking the space environment’ grow. Current organizations and programs are successful, at least to some extent, in educating the world on the potential dangers of space debris, and the importance of space situational awareness, yet they have little legal or political standing to provide enforcement, compliance, or remediation. Many global discussions related to space situational domain awareness have called for a cooperative international effort to create guidelines, if not charter an organization tasked with the stewardship of the space environment. Here, we examine important precedents set forth in international law and cooperation, and apply these to a proposed comprehensive body to steward space situational awareness and debris mitigation. We elucidate the requirements, enforceable powers, and probable limits of such an organization as well as important questions to be answered prior to establishment of such a body.


Harrison E. Kearby
Department of Mechanical and Aerospace Engineering, John Glenn College of Public Affairs, The Ohio State University.

John M. Horack
Department of Mechanical and Aerospace Engineering, The Ohio State University.

Elizabeth K. Newton
John Glenn College of Public Affairs, The Ohio State University.

Helena Correia Mendonça
Vieira de Almeida & Associados.

Magda Cocco
Vieira de Almeida & Associados.

Cristina Melo Miranda
Vieira de Almeida & Associados.
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.

    The majority of the world still does not have access to the internet, and this “digital divide” is not only an issue in developing countries. Unconnected populations exist in every country, and regulators must find ways to provide universal access to the internet. Furthermore, the demand for connectivity (internet and data) is growing exponentially, and existing terrestrial solutions likely will be insufficient. Regulators must foster new technologies such as the newest non-geostationary satellite constellations, which have almost no delay for two-way voice and data connections and can provide broadband to the most remote and unconnected populations and industries. To ensure the fast deployment of these solutions, regulators should support technology-neutral regulations (such as blanket licensing) that encourage speedy rollout of innovative services, as well as have transparent “open skies” policies that promote competition (which has been proven to boost economies).


Ruth Pritchard-Kelly
Vice President of Regulatory Affairs, OneWeb.
Article

Accommodating New Commercial Space Applications in the Global Legal/Regulatory Framework

An Evolutionary Approach to Launching the New Space Revolution

Journal International Institute of Space Law, Issue 5 2017
Authors Audrey L. Allison and Bruce Chesley
Author's information

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

Bruce Chesley
Bruce Chesley, PhD, The Boeing Company.
Article

The 45%

How Vague, Ambiguous, and Contradictory Language within the International Traffic in Arms Regulation Is Hindering the Development of Space Technology and International Cooperation in the United States

Journal International Institute of Space Law, Issue 1 2017
Authors Marshall Mckellar
Author's information

Marshall Mckellar
University of Mississippi School of Law, United States, marshallmckellarusa@gmail.com

Gabriella Catalano Sgrosso
University of Rome, Italy, sgrossogabriella@gmail.com.

Jack M. Beard
Assistant Professor of Law, University of Nebraska College of Law; former Associate Deputy General Counsel (International Affairs), Department of Defense.

Fabio Tronchetti
Associate Professor of Law, School of Law, Harbin Institute of Technology, China; Adjunct Professor of Comparative National Space Law, School of Law, University of Mississippi, United States

Jean-Marie de Poulpiquet
National Centre for Space Studies, Université Toulouse 1 Capitole, SIRIUS Chair

Divyanshu Agrawal
National Law School of India University, India, divyanshu.agrawal.92@gmail.com.

Shashank Reddy
National Law School of India University, India, rshashankreddy186@gmail.com.

Dr. Ulrike M. Bohlmann
European Space Agency, Paris, France, Ulrike.Bohlmann@esa.int

Diego Zannoni
University of Padua, Italy
Article

Article IX of the Outer Space Treaty: Extraterrestrial Back Contamination, the U.S. Constitution, and the "Politics" of U.S. Regulatory Authority

The 5th Eilene M. Galloway Symposium on Critical Issues in Space Law in Washington D.C., United States, December 2010: "Art. IX of the Outer Space Treaty and Peaceful Purposes: Issues and Implementation"

Journal International Institute of Space Law, Issue 11 2010
Authors G.S. Robinson

G.S. Robinson
Article

Appropriateness of the Moon Agreement for Lunar Exploration and Use

Global Lunar Conference in Beijing, China: IISL Session

Journal International Institute of Space Law, Issue 10 2010
Authors R. Jakhu, S. Hobe and S. Freeland

R. Jakhu

S. Hobe

S. Freeland
Article

You Can Lead an Astronaut to Water...: Prospects for Legal Use and Water Rights on the Moon and Other Celestial Bodies

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors J. Easterson

J. Easterson
Article

Space and Lisbon: a New Type of Competence to Shape the Regulatory Framework for Commercial Space Activities

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Sánchez Aranzamendi

M. Sánchez Aranzamendi
Article

Lawful Response to Attack on Spacecraft and their Support Systems

Peace in Space: Transparency and Confidence Building Measures

Journal International Institute of Space Law, Issue 2 2009
Authors J.D. Rendleman

J.D. Rendleman
Article

Weaponization of Outer Space and Impact on Peaceful Uses

Weaponisation of Outer Space in the Light of the Outer Space Treaty

Journal International Institute of Space Law, Issue 3 2008
Authors V. Gopala Krishnan, S. Murthi and M.Y.S. Prasad

V. Gopala Krishnan

S. Murthi

M.Y.S. Prasad
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