Search result: 31 articles

x
The search results will be filtered on:
Journal International Institute of Space Law x

    Most if not all space activities require the use of the radio frequency spectrum (RFS); the RFS is essential for satellite and other wireless communications and scientific probes. Countries with advanced industries in the space sector obviously have more developed legislation than States that only aspire to participate in space activities. Even these, however, regulate space activities by which they are directly affected, primarily through their adherence to the International Telecommunication Union Radio Regulations (ITU-RR) and policies embedded in the space treaties. Thus, it can be said that most countries have some basic national legislation related to space activities.
    Some emerging economies have changed the focus of their activities, from wanting to acquire a satellite for communications, to obtaining a remote-sensing /earth observation satellite. Regardless of the change in focus, they face similar issues: budgetary and personnel constraints, as well as policies of industrialized countries regarding transfer of technology. Despite these challenges, less developed countries have contributed to the expansion of space activities and their regulation, at the national and international level. They participate in ITU Study Groups, and in the UN COPUOS’ sessions, bringing a different perspective to the deliberations of these entities.
    This paper will focus on Emerging Market Economies (EMEs), 5G networks and satellite mega- constellations; it will provide an overview of some of their contributions to space law and space activities, while keeping in mind limitations they continue facing.


Sylvia Ospina
S. Ospina & Associates - Consultants POB 141814, Coral Gables, FLA 33114.
Article

Legal Rights and Possibilities to Access Satellite Data for a Non-Member State of Space Community

Case of Republic of Serbia

Journal International Institute of Space Law, Issue 3 2018
Keywords satellite data, digital divide, space law, EU, Copernicus, Republic of Serbia
Authors Anja Nakarada Pecujlic and Marko Pajovic
AbstractAuthor's information

    In today’s technologically dependent society an average person interacts 36x per day with satellite through diverse applications (e.g. to note just one example - 3/4 of the data used in weather prediction models depend on satellite data). Because of this wide use of satellites, nowadays 80+ countries currently operate at least one satellite in space (latest countries to reach space were Ghana, Mongolia, Bangladesh and Angola). Especially for states that are less economically and technologically developed, space systems are particularly useful and necessary in order to achieve “frog leaping” and decrease the economic and social inequalities between developing and developed states. Involvement in space activities gives them the opportunity to utilize state of the art technology and solve local issues (e.g. environmental, e-health, e-medicine, transportation). Taking a closer look at the satellite data and imagery, it can be observed that the users are mainly public sector clients, such as military institutions for security uses as well as environmental and agricultural authorities. Hence, in the first line it is important to examine which legal framework is governing the access to satellite data and if public sector clients from the developing countries have the same guaranteed rights under international law as the developed nations. This paper will offer in its first part an overview of existing international norms regulating access to satellite data, focusing on relevant provisions in the corpus iuris spatialis. In the second part it will compare these legal rights with the praxis, i.e. determining what are actual possibilities to exercise these rights, if a state is not involved in space activities and has never been a member of space community like in the case of Republic of Serbia. In the third and final part, the paper will zoom in on the EU flagship programs - Copernicus and Galileo - and ESA’s data access policies in regards to states that are neither EU nor ESA member states, but are striving for full European integration, as Serbia.


Anja Nakarada Pecujlic
Institute for Air Law, Space Law and Cyber Law, University of Cologne, Albertus-Magnus-Platz, Cologne 50923, Germany (corresponding author), anja.n.pecujlic@outlook.com.

Marko Pajovic
Serbian Case for Space Foundation, Dr. Ivana Ribara 105, Belgrade 11070, Serbia, marko.pajovic@serbiancaseforspace.com.

    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

Legal Challenges of Space 4.0

The Framework Conditions of Legal Certainty among States, International Organisations and Private Actors in the Changing Landscape of Space Activities

Journal International Institute of Space Law, Issue 1 2018
Keywords Space 4.0, NewSpace, ESA, Capacity Building, Cyber Security, Legal Challenges
Authors Gina Petrovici and Antonio Carlo
AbstractAuthor's information

    After more than 60 years of space activities, ongoing scientific and technological progress alongside increased international cooperation, Space 4.0 is entering this field, leaving its hallmark on what appears a new era of space activities. The space community is rapidly changing, and the world continues to face a growing need for dedicated space applications. The growing interest in space leads to an increasing participation of numerous new actors. Governments, private actors and international organisations are eager to fill these gaps in securing the global society’s needs. ESA’s efforts in this regard are reflected in the Space 4.0 concept, introduced at ESA’s Ministerial Council in December 2016 by the ESA Director General. This new conception – building on Industry 4.0 – is designed to host a new era of space activities, setting out to tackle global challenges using the advantages deriving from space and technological progress. These challenges range from climate change to shortage of resources, health, demographic development, digital divide and more. ESA is also highly active within UNISPACE and its objectives: space accessibility, economy, security and diplomacy to contribute to Space 2030 and the UN Sustainable Development Goals. Capacity building reflects the core objective of all international Space 4.0 efforts. This rapid changes and growth are meeting certain needs by bringing space closer to society and inspiring new generations. However, as these developments are taking place in a highly complex net of legal, regulatory and political considerations, they are themselves raising challenges. This paper focuses on the legal challenges raised by the new era Space 4.0 and outlines the framework conditions for legal certainty in this rapidly changing environment. It elaborates on the content of Space 4.0 and its implementation, the legal framework for space activities, and how this is currently challenged by two characteristics of the Space 4.0 development, commercialisation of space activities, along with increasing cyber-security concerns in the context of digital divide and big data.


Gina Petrovici
Master of Laws (LL.M) University of London.

Antonio Carlo
Sapienza University of Rome.
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.

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

Lesley Jane Smith
Leuphana University of Lueneburg, smith@leuphana.de.

Ali Akbar Golroo
Dr. Ali Akbar Golroo, Aerospace Research Institute, Iran, ali@ari.ac.ir.

Hamid Kazemi
Dr. Hamid Kazemi, Aerospace Research Institute, Iran, h.kazemi@ari.ac.ir.

Larry F. Martinez
California State University, Long Beach, USA

Sylvia Ospina
S. Ospina & Associates-Consultants, Florida.

Lesley Jane Smith
LL.M., Leuphana University Lueneburg; Weber-Steinhaus & Smith, Cotton Exchange. D-28195 Bremen. ljsmith@barkhof.uni-bremen.de; smith@weber-steinhaus. com.

Prof. dr. Mark. J Sundahl

Prof. Dr. Lesley Jane Smith
Leuphana University of Luneburg/ Weber-Steinhaus & Smith, Bremen, Germany,, ljsmith@barkhof.uni-bremen.de

Sylvia Ospina JD. LL.M
Coral Gables, Florida

L.J. Smith
Article

Report of the Roundtable

25th IAA-IISL Scientific-Legal Roundtable in Prague, Tchechoslovakia, 2010: "The New Age of Small Satellite Missions"

Journal International Institute of Space Law, Issue 7 2010
Authors N. Rohner-Willsch

N. Rohner-Willsch

S. Ospina
Article

Keeping Up with Remote Sensing and GI Advances: Policy and Legal Perspectives

Legal Aspects of Satellite Applications: Navigation and Remote Sensing

Journal International Institute of Space Law, Issue 4 2007
Authors M. Rao and K.R. Sridhara Murthi

M. Rao

K.R. Sridhara Murthi
Article

The ITU in the Modern World: Fourteen Years from the Reconstruction

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors F. Lyall

F. Lyall
Article

The Outer Space Treaty: 1967-2007

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors J.F. Galloway

J.F. Galloway
Showing 1 - 20 of 31 results
« 1
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.