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Chuck Dickey
TCTB, LLC, P. O. Box 591031, Houston, TX 77259.
Article

Space Traffic Management: Not Just Air Traffic Management for Outer Space and More Than Data Analytics

Journal International Institute of Space Law, Issue 4 2019
Keywords Space Traffic Management, Air Traffic Management, Space Situational Awareness, data analytics, technical measures, regulatory measures, space traffic rules
Authors Stefan A. Kaiser
AbstractAuthor's information

    Space Traffic Management is a complex concept that consists of technical, organisational and regulatory elements. It is not foreseen in the Outer Space Treaties and yet considered a crucial concept for a safe and sustainable access to space and interference free operations in space. Space Situational Awareness and Space Surveillance and Tracking are not identical to Space Traffic Management which is broader and reaches farther. Space Situational Awareness and Space Surveillance and Tracking are cognitive elements of Space Traffic Management. Air Traffic Management is often used as a reference for Space Traffic Management. However, not only the legal regimes of sovereign airspace as opposed to the regime of Outer Space are substantially different. Alone the differences of the physical characteristics support different technical approaches in air space and Outer Space. Motions in air space that follow aerodynamics and ballistics tend to be short lived and henceforth air traffic control has evolved from short term, tactical measures. Opposed to that, objects in Outer Space follow orbital dynamics and their trajectories persist for longer periods, so that control procedures need to address longer term effects and be of a strategic nature. In that context, Air Traffic Management has evolved in an opposite direction than Space Traffic Management. During recent years, rule-making for Space Traffic Management takes new roads. Lacking hard treaty law, an increasing range of non-binding standards, national regulations, practices of private bodies, voluntary information exchanges and cooperative routines tend to synchronize selected elements of Space Traffic Management. In addition, data analytics is taking an expanding role in Space Situational Awareness.


Stefan A. Kaiser
Wassenberg, Germany.

    The importance of Space Traffic Management (STM) has increased in the international space community and has become widely recognized. This might be due to the increasing need to enhance space safety and security. Today, STM is still a controversial issue and there is no internationally agreed standard, definition, or framework in this regard. Recently, states are realising the importance of the topic and the need for further international collaboration. Therefore, several states, international organizations and individuals started to dive deep into this topic. The UAE Space Agency has conducted a study on the application of STM to national policies and regulatory designs. This study reviewed some of the international studies such as the IAA Cosmic Study of 2017. It also reviewed some domestic regulations and policies such as the 2018 U.S. policy on STM. The study in general focused on certain areas such as the definition of STM, provisions in the international space treaties that are relevant to STM, elements of space traffic management, and whether if these elements covered by the UAE Space Policy, draft Law, and Regulations. The UAE Space Agency, has interest in STM in general. The study has taken into consideration the main elements and standards of STM, when developing the domestic regulations and processes. The UAESA has and will continue also to join other global efforts towards developing a suitable international regulatory framework for STM. In this paper, the study’s elements and comparisons will be described, along with concluding remarks. In addition, it will indicate how these conclusions about STM were integrated into the National Space Policy and various Regulations within the UAE Space Regulatory Framework.


Fatheya Al Sharji
Space Policies and Legislations Department, UAE Space Agency, Masdar City, Abu Dhabi, United Arab Emirates.

    On-orbit Servicing (OOS) will revolutionize the satellite industry, by offering tools that enable life-extension and debris remediation. However, the advanced technology heightens the risk of liability for damages and the overall perceived security in space. In addition, international OOS missions challenges the traditional concepts in the international space Treaties. Whilst OOS is not prohibited under the current legal framework, it is clear that the legal framework needs to be supplemented in order to address the new challenges. Based on the findings of the regulatory landscape, the paper offers various suggestions as to how the legal and political challenges can be addressed. These suggestions include meeting security concerns through a greater sense of transparency and trust, enabled by for example more information on the locations of the satellites, and rules for OOS behaviour.


Thea Flem Dethlefsen
LLM (Adv.) candidate in Air and Space Law, International Institute of Air and Space Law, Leiden University.

Setsuko Aoki
Professor of Law, Keio University Law School, Tokyo, Japan.
Article

Owning the Hosted Payload and International Space Law

Journal International Institute of Space Law, Issue 9 2018
Keywords the hosted payload, the launching State, space law, liability
Authors Akiko Watanabe
AbstractAuthor's information

    This article deals the issues concerning the hosted payload under international space law. To understand the hosted payload projects, the types of the contracts for such projects are discussed, but the harmonization between the risk allocation of the parties concerned and liability issues for damage caused by the hosted payload is mainly studied.
    The hosted payload satellite is said to be the one that the main owner of the satellite spares some space on it for the other party. The details of the projects can be agreed between the parties depending on the projects. Such details are mostly confidential, but the author tries to show the types of collaboration by using the actual examples.
    As the hosted payload satellite has more than two parties that have interests in the satellite, it is very important to agree in advance how to allocate the risks between the parties. On this, especially for the projects between the non-governmental entities, the indemnification against the damage of the third parties caused by such satellite should be included. Notwithstanding such allocation, since the damage from the space activities may become enormous and the financial ability of the non-governmental entities may be limited, the State should be the final bearer of the liability against victims as international space law has in mind.
    Under international space law, the launching State is liable for the damage caused by space activities. The definition of the launching State under international space law could be found in the Liability Convention or the Registration Convention. When the hosted payload project is driven by the non-governmental entities, the identification of the launching State becomes difficult; such definition involves States, and makes it difficult to determine the launching State for activities of the non-governmental entities. As international space law has focused on the protection of the victims, the relief of the victims of the hosted payload projects should be dealt accordingly. In this respect, it would be ideal that the owner or the operator of the hosted payload (or the State which such owner or operator belongs to) should be regarded as the launching State. Through the discussion at UNCOPUOS or the changes found in the State liability under general international law, the possibility to include such party as the launching State is to be examined.


Akiko Watanabe
Independent Researcher, Tokyo, Japan, akiko.watanabe109@gmail.com.

P.J. Blount

Rafael Moro-Aguilar

    This paper tries to give orientation on which legal ramifications a plan for a Moon Village should observe. Through an analysis of the relevant provisions of international space law it shall be highlighted what kind of activities are compatible with international space law as well as which kind of legal developments of space law may be aimed at in order to make future activities of the Moon Village successful.


Stephan Hobe
Prof. Dr. Dr. h.c., LL.M. (McGill); Director of the Institute of Air Law, Space Law and Cyber Law; holder of the Jean-Monnet Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne. stephan.hobe@uni-koeln.de.

Rada Popova
Teaching and Research Fellow and PhD candidate at the Institute of Air Law, Space Law and Cyber Law (University of Cologne); (Mag. iur) Law Master's Degree (University of Vienna); Researcher at the 2017 Centre for Studies and Research (Hague Academy of International Law). rada.popova@uni-koeln.de.

Roy Balleste
School of Law, St. Thomas University, 16401 NW 37th Avenue Street, Miami Gardens, Florida 33054, USA.

    This paper analyzes, on the one hand, the legitimate expectations and needs of the industries in terms of intellectual property protection for outer space research, as they need to be protected against violations and be free to grant exploitation licenses. On the other hand, it investigates if the use and exploitation of outer space and celestial bodies is carried out for the benefit and in the interest of all countries.
    The key issue of the protection of inventions in accordance with national and international regulations will also be addressed in the paper.
    The paper will start from a combined analysis of art. 5 of the IGA, establishing that each Partner shall retain jurisdiction and control over the elements it registers, and art. 21 of the IGA, which regulates intellectual property based on the quasi-territorial principle, and sets out that the regulations of the State in whose registered modules the invention occurs shall apply. The paper aims to examine national intellectual property protection regulations, highlighting possible conflicts of applicable national laws with respect to the place where the invention occurs and inventor nationality, but also regarding the recognition of the different patent systems adopted by ISS Partner States. European Partner States enjoy a privileged position, as set forth by paragraph 2 of art. 21 of the IGA.
    As the unique environment of the ISS calls for quick recognition of intellectual property licenses obtained in other Partner States, the paper will analyze the different Partners’ national legislation, existing International Conventions on the matter, such as the TRIPS Agreement, and European patent regulations, which streamline procedures and introduce stringent minimum protection standards in all the areas of intellectual property.


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

Report of the 32nd IAA/IISL Scientific-Legal Roundtable

Technological and Legal Challenges for On-Orbit Servicing

Journal International Institute of Space Law, Issue 7 2017
Authors Marc Haese

Marc Haese
Article

Spaceplanes Operating in Airspace

In Search of a Regulatory Regime for Traffic Coordination

Journal International Institute of Space Law, Issue 2 2017
Authors George D. Kyriakopoulos
Author's information

George D. Kyriakopoulos
Lecturer in International Law, Faculty of Law, National and Kapodistrian University of Athens.

Nicholas Puschman
DipEU, L.LB (Hons.), L.LM, Graduate Trainee in the International Law Division, European Space Agency and Executive Secretary of the European Centre for Space Law (ECSL).
Article

Access_open Report of the IAA/IISL Scientific-Legal Roundtable

Guadalajara, Mexico, 29th September 2016

Journal International Institute of Space Law, Issue 9 2016
Authors Marc Haese

Marc Haese
Article

National Space Law

The Case of France and New Challenges for Space Activities

Journal International Institute of Space Law, Issue 7 2016
Authors Anne-Sophie Martin
Author's information

Anne-Sophie Martin
PhD Candidate – University of Rome “La Sapienza”, Piazzale Aldo Moro, 5 – 00185 Rome (I), martin.annesophie@yahoo.fr.
Article

Access_open International Cooperation in China’s Space Undertakings

Melting Down Political Obstacles through Legal Means

Journal International Institute of Space Law, Issue 6 2016
Authors Xiaodan Wu
Author's information

Xiaodan Wu
China Central University of Finance and Economics.

Carlos Gabriel Argüelles Arredondo
Instituto de Estudios Internacionales, Universidad del Mar, Mexico, Facultad de Economía y Relaciones Internacionales, Universidad Autónoma de Baja California, Mexico, Email: carlosarguellesarr@hotmail.com.

Sylvia Ospina
S. Ospina & Associates – Consultants, POB 141814, Coral Gables, FL 33114, Email: sospina@bellsouth.net; sospina2@gmail.com.

Luis Fernando Castillo Argañarás
National Council of Scientific and Technical Research (CONICET) of Argentina and Universidad Argentina de la Empresa (UADE), Argentina, lcastillo@uade.edu.ar. Special thanks to Daniela Costa, attorney at law and legal translator, for her collaboration in the English version of this paper. dcosta@thelinguacorp.com.
Article

The Second African National Space Law

The Nigerian NASRDA Act and the Draft Regulations on Licensing and Supervision

Journal International Institute of Space Law, Issue 5 2016
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, Fvonderdunk2@unl.edu.
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