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Hannah L. Kohler
J.D. Georgetown Law 2015; B.A. Penn State 2012; attorney, NASA Goddard Space Flight Center, Office of Chief Counsel.
Article

Dispute Settlement and Decision Making in Relation to the Scarce Orbit-Spectrum Resource

‘Preventive’ and ‘Reactive’ ITU Procedures and Their Relevance for Private Sector Actors

Journal International Institute of Space Law, Issue 2 2019
Keywords ITU, Dispute Settlement, Spectrum Management, Private Actors
Authors Simona Spassova
AbstractAuthor's information

    The exploration and sustainable use of outer space is dependent, not only upon technological developments and capital investments, but also on the availability of the spectrum-orbit resource for the associated relevant radio communications. Even though the electromagnetic spectrum is a non-exhaustible resource, it is a limited and finite one. The increased number of actors and activities in space – both current and planned- is putting a strain on the coordination and allocation processes for available spectrum as well as on the subsequent observance of the international requirements in this respect. Hence, this paper focuses on the way geostatic positions are assigned and frequencies - allocated on an international level. These are complicated and highly time-consuming processes, involving technical and engineering expertise, coordination, compromise and some diplomacy too. On a global level these negotiations are done within the framework of the International Telecommunications Union (ITU) and spectrum/orbital positions can only be assigned to sovereign member states. At the same time, more and more satellite communication operators nowadays are private commercial entities, even if, licensed and supervised by their respective national administrations. The aim of this article is two-fold. First, it will examine the ways disputes related to the allocation and use of the spectrum resources are handled within the framework of the ITU. It identifies ‘preventive’ and ‘reactive’ efforts to settle disputes within the framework of the organization. In other words: what is the ITU doing to prevent the potential for conflict and what measures does it offer for resolution once a conflict has occurred? Different means of dispute resolution - will be examined together with the associated advantages. Secondly, the article will also analyse the role of private operators and not only Member States administrations in these processes. The ITU brings together also Sector members from the industry and in doing so, it for provides for multistakeholder discussion. Arguably, as the oldest UN agency, the Union is remarkably fast and adept when responding to technological challenges and considering the needs of the private sector. Is this so also when disputes are at stake, whereby private operators are not an official party?


Simona Spassova
Simona Spassova is Faculty Advisor to the Manfred Lachs Space Law Moot Court Team and a legal consultant for the International Finance Corporation.
Article

The Role of International Territorial Administration in (Semi) Permanent Lunar Presence

Journal International Institute of Space Law, Issue 1 2019
Keywords International Territorial Administration, Governance, International Law, Space Law
Authors Matija Renčelj
AbstractAuthor's information

    The aim of this paper is to analyse examples of ITA as a relevant model in administering celestial bodies. Proposed missions to the Moon promise ambitious plans which will change the way humanity perceives (and administers?) our closest celestial neighbour. Examples of ITA, which first emerged in the 19th and early 20th century are valuable resources for understanding how international organisations can undertake administration of increased presence on celestial bodies. In fact, international organisations already perform such powers (i) either vaguely, e.g. through the OST or (ii) through a clear regulatory mechanism that assigns slots in Geostationary orbit. In order for the regulatory framework to get up to speed with developments in space exploration the solution is two-fold: (i) avoid fragmenting debates on niche-topics (resources, cultural heritage, safety standards) but rather tackle them through a comprehensive framework and (ii) allow the UN (or a body designated by the UN) to actively administer activities on celestial bodies. ITA mechanisms developed in the past 100 years, have proven flexible enough to adapt to multiple scenarios and different political realities. Furthermore they allow international organisations to assume powers of administration without acquiring ownership over the territory and are hence in line with the provisions laid down in the OST. The analysed mechanisms in no way represent a magic solutions to all the alleged shortcomings of the current regulatory environment, it is nevertheless important to establish a nexus between developed examples of ITA and potential future mechanisms administering activities on celestial bodies.


Matija Renčelj
Member States Relationships & Partnerships Office, European Space Agency.
Article

Normative References to Non-Legally Binding Instruments in National Space Laws

A Risk-Benefit Analysis in the Context of Public International and Domestic Law

Journal International Institute of Space Law, Issue 4 2018
Authors Alexander Soucek and Jenni Tapio
Author's information

Alexander Soucek
European Space Agency (ESA), The Netherlands, alexander.soucek@esa.int.

Jenni Tapio
Bird & Bird Attorneys, University of Helsinki, Finland, jenni.tapio@helsinki.fi.

    Increasing commercialization and privatization of outer space and multifaceted uses and exploration of the space potential and benefits raise new challenges to the existing framework of international space law and its established procedural legal mechanisms. What are the legal perspectives of an adjustment, supersession or possible resistance of the five United Nations treaties on outer space? UNISPACE conferences have aimed to enhance international cooperation in the peaceful uses of outer space, including the promotion of common principles. UNISPACE+50 focuses, inter alia, on the issue of the “Legal regime of outer space and global space governance” and the effectiveness of the legal regime in the 21st century. Indeed, the international community is facing today new legal questions with respect to the exploitation of space recourses, multiplication of private space businesses, unilateral grants of national licenses to commercial sector, space traffic management, need for enhanced registration and precision of responsibility and liability regime, to name few. This presentation aims to introduce a general international legal framework of various procedural legal modes of further development of the five UN treaties, both in a de lege lata and de lege ferenda perspective. Light will be shed on the respective procedures of treaty law, prerequisites of the emergence of an international custom, role of non-legally binding standards, bottom-up impact of national legislations and assessment of an effective norm-making capacity of relevant stakeholders, all transposed in the space arena with regard to the current international space debate and practice of States. A selection of the most up-todate topics will serve as examples. This comprehensive legal outline aims to highlight various options that the UNISPACE dialogue and its agenda for the future can address.


Martina Smuclerova
Prague Security Studies Institute, Czech Republic, smuclerova@pssi.cz.

Dennis C. O’Brien
The Space Treaty Project.

Mahulena Hofmann
University of Luxembourg, Mahulena.Hofmann@uni.lu.

    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.

George Anthony Long
Fountain Hills, AZ United States, gal@legalparallax.com.

Jean-François Mayence
Belgian Federal Science Policy Office (BELSPO), Belgium, maye@belspo.be.

Robin J. Frank
Associate General Counsel for International Law, National Aeronautics and Space Administration (NASA), United States. Mr. David R. Lopez, Intern, International Law Practice Group, Office of the General Counsel, National Aeronautics and Space Administration (NASA) and a 2017 J.D. Candidate, University of Houston Law Center (Texas) is the primary author of Section 4 of this paper. In addition, the author thanks Mr. Lopez for his research and editing assistance on other parts of this paper. The author also thanks Benjamin W. Juvelier, Intern, International Law Practice Group, Office of the General Counsel, NASA and a graduate student at American University (Washington, D.C.), JD May 2017; MA in International Service in December 2017 for his research assistance for this paper. In addition, the author thanks her colleagues in NASA’s Office of International and Interagency Relations for their assistance, in particular Ms. Sherry Copeland, Program Specialist, for her outstanding research on NASA agreements discussed in this paper. Finally, the author thanks her colleague Laura Burns, NASA’s Law Librarian for her substantive and extensive research assistance. Any errors in this paper are the author’s errors alone.

Jairo Becerra
Jairo Becerra, School of Law, Universidad Catolica de Colombia, Universidad del Rosario, Colombia, jabecerrao@ucatolica.edu.co, jairoa.becerra@urosario.edu.co.

Juan Ramón Martinez
Juan Ramón Martinez, School of Law, Universidad del Rosario, Colombia, juan.martinez@urosario.edu.co.

Daniela Almario
Daniela Almario, School of Law, Universidad del Rosario, Colombia, almario.daniela@urosario.edu.co.
Article

Scarcity in Space

The Spectrum/Orbit Trading Solution (?)

Journal International Institute of Space Law, Issue 1 2016
Authors Konstantina Liperi
Author's information

Konstantina Liperi
Legal Officer, Department of Electronic Communications, Ministry of Transport, Communications and Works of Cyprus, Nicosia, kliperi@mcw.gov.cy. The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any agency of the Cyprus government.

Pierfrancesco Breccia
PhD Student, Public, Administrative and International Law Doctorate, Sapienza University of Rome, P.le Aldo Moro 5, Rome, pierfrancesco.breccia@uniroma1.it.

Shripad Jagdale
Advocate Bombay High Court, Prospective Member IISL, Ground Floor, Old Oriental Bldg, 65 M.G.Road, Fountain, Mumbai, India 400001
Article

International Code of Conduct for Outer Space Activities

Analysis from an Institutional Perspective

Journal International Institute of Space Law, Issue 7 2015
Authors Anastasia Voronina
Author's information

Anastasia Voronina
University of Nebraska-Lincoln, U.S.A.
Article

Small But on the Radar

The Regulatory Evolution of Small Satellites in the Netherlands

Journal International Institute of Space Law, Issue 5 2015
Authors Neta Palkovitz and Tanja Masson-Zwaan
Author's information

Neta Palkovitz
PhD candidate, International Institute of Air and Space Law, Leiden University, The Netherlands, ISIS – Innovative Solutions In Space B.V., The Netherlands

Tanja Masson-Zwaan
International Institute of Air and Space Law, Leiden University, The Netherlands
Article

Access_open Space Traffic Management

A Challenge of Cosmic Proportions

Journal International Institute of Space Law, Issue 4 2015
Authors Frans G. von der Dunk
Author's information

Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program

Alexander Soucek
European Space Agency, Paris, France

Tim. Flohrer
European Space Agency, Darmstadt, Germany

Stijn Lemmens
European Space Agency, Darmstadt, Germany

Marco Ferrazzani
European Space Agency, Paris, France

Pierre Reynaud
European Space Agency, Paris, France

Stefan Frey
Swiss Space Office, on secondment to the European Space Agency
Article

The Impact of Growth Markets in the Downstream Sector

The Parameters for Connectivity and Services: Beyond Outer Space Law

Journal International Institute of Space Law, Issue 4 2015
Authors Lesley Jane Smith
Author's information

Lesley Jane Smith
Leuphana University of Lueneburg, Germany
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