The Experts below are selected from a list of 144327 Experts worldwide ranked by ideXlab platform
Michael L. Peterson - One of the best experts on this subject based on the ideXlab platform.
-
The use of analogies in developing outer Space Law
International Organization, 1997Co-Authors: Michael L. PetersonAbstract:Scholars focusing on international relations generally or foreign policy decision making are now paying increasing attention to the ways in which mental constructs—ideas, beliefs, ideologies, or worldviews—affect political actors' perceptions and behavior. The influence of mental constructs in political interaction is particularly visible when actors are trying to extend interaction into new areas or to establish new modes of cooperation. This study will illuminate the impact of mental constructs in these situations by examining the development of outer Space Law. The Soviets' successful launch of Sputnik in October 1957 shifted outer Space from the realm of science fiction and speculation to the realm of real international concerns. Governments were faced with the problem of determining not only what they wanted to do in Space but also what sorts of rules for unilateral activity and mutual interaction should prevail there.
Ram S. Jakhu - One of the best experts on this subject based on the ideXlab platform.
-
Sixty Years of Development of International Space Law
SSRN Electronic Journal, 2016Co-Authors: Ram S. JakhuAbstract:This paper provides an overview of the development of international Space Law over the past sixty years or so, primarily based on the research in Space Law carried out during the last three decades. The main purpose here is to briefly state the evolution of the global Space governance system covering both the principles (and rules) of international Space Law, and the institutions through which they have been adopted, particularly highlighting their strength and weakness from the perspective of rule-making processes and achievement of the rule of Law. This sporadic but analytically historical recount is carried out in order to determine, though not thoroughly, the efficacy of the Space governance system for the years to come, when the number and scope of global Space activities are expected to exponentially increase together with the dramatically changing number and nature of Space actors. There will certainly be an unimaginable growth in Space utilization benefits and, unfortunately, they could also be matched by mind-boggling risks to the whole of humanity.
-
The Fundamental Principles of Space Law and the Relevance of International Law
2013Co-Authors: Ram S. Jakhu, Isavella Maria VasilogeorgiAbstract:Abstract by B. Goswami: “In order to address the casually construed analogies between International Space Law and the International Law in general, this article refers and analyzes the Outer Space Treaty that comprises of fundamental principles of International Space Law. These principles are often misread or interpreted to draw corollary to the existing principles of International Law. While it is true that International Space Law is intricately and extensively linked to the General International Law, but by its very nature is distinct, thus, any direct borrowing and application of certain principles from the latter to international Space Law would lead to nothing but ambiguity and inconsistency in interpretation. In attempt to demarcate the specificities of International Space Law to that of International Law, each fundamental principle is studied and commented on carefully.”
-
capacity building in Space Law and Space policy
Advances in Space Research, 2009Co-Authors: Ram S. JakhuAbstract:A high level of expertise in Space policy and Law is required to initiate and keep pace with the expansion of Space activities, including those undertaken by the private Space industry. Space activities generally refer to those undertakings that are carried out with the use of several technologies for the exploration and utilization of outer Space often for scientific, military, economic and social proposes within international and national policy and regulatory frameworks. Space policies and legal regimes determine the scope, nature, pace, possibility and development of Space undertakings. Therefore, appropriate Space policies and regulatory regimes, both at the international and national levels, are indispensable for the initiation, operation and enhancement of Space activities. There are various regulatory models and approaches for regulating Space activities, and for building capacity in Space Law and Space policy. It is imperative to have the appropriate human resources and capabilities in the development and implementation of Space policies and Space legal regimes. This crucial requirement has been well recognized in the more advanced Space-faring nations, but not to the same level in other Space-faring or Space-aspiring nations.
-
The Effect of Globalisation on Space Law
2009Co-Authors: Ram S. JakhuAbstract:Abstract by B. Goswami: “Globalization has proliferated and impacted almost everything we know of today and International Space Law is no different. This brief text elaborates on the concept, trend and effect of globalization on Space Law. For the purpose of this article, two forms of globalization have be elaborated upon viz. Economic Globalization and Sociological Globalization, while former is the popular perception of globalization involving opening up of markets and free flow of trade and capital, the latter involves socialization and assimilation of community/human values at global level. International Space Law has been influenced by both forms of globalization, the effect of which has resulted into creation of gap between the developed and developing nations, paradigm shift from creation of binding legal obligations to formation of soft Law principles and dilution of major international bodies entrusted with promulgation of legal texts to address compelling issues faced by International Space Law.”
Frans G Von Der Dunk - One of the best experts on this subject based on the ideXlab platform.
-
handbook of Space Law
2015Co-Authors: Frans G Von Der Dunk, Fabio TronchettiAbstract:The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer Space and major Space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented character of international Space Law and the increasing commercialization and privatization of Space activities. The book focuses on international Space Law in the broadest sense of the word, not only including the UN-based Space treaties and international customary (Space) Law, but also the many specialized regimes such as applicable to the international satellite organizations, the International Space Station, the international trade and the security-sensitive aspects of Space technology exports, the financing of Space ventures and environmental concerns. The novelty of this holistic approach to Space Law notably includes the profound and ever increasing commercialization of Space activities and the attendant involvement of the private sector in such activities. This authoritative book thus presents a unique standard work of reference for anyone interested in studying or researching the legal and regulatory aspects of Space activities and their major applications in depth. Offering the most comprehensive and holistic analysis on legal and regulatory aspects of Space activities and major Space applications to date this Handbook will be of particular interest to students at higher education of Space Law or more generally public international Law; researchers (including JSD and PhD students) of Space Law; practitioners in major sectors of Space activities or applications interested in the legal framework and aspects.
-
National Space Legislation in Europe - Studies In Space Law
National Space Legislation in Europe, 2011Co-Authors: Frans G Von Der DunkAbstract:The book deals with the main themes in implementing international Space Law vis-a-vis private enterprise theme by theme, with a specific focus on Europe in view of the complicating roles of ESA and the European Union in this context.
-
Space Law in the age of the International Space Station
Humans in Outer Space — Interdisciplinary Odysseys, 2009Co-Authors: Frans G Von Der DunkAbstract:This article focuses on the special context where humans from various nations work and live together in one orbiting laboratory, the International Space Station (ISS), and the legal rules pertinent to those activities. This essentially concerns the application of an existing body of international treaties on Space and Space activities to the ISS, as well as the special legal framework that has been established to deal with the various ramifications of this very international operating environment. Within that context moreover, the specific European parameters stemming from the fact that the European Space Agency (ESA) serves as the vehicle for the participation of 11 European states in the ISS deserve special attention. The totality of this set of rules, though in several instances not yet elaborated as extensively as might be desired, does provide for a dedicated comprehensive legal framework that may serve as an interesting example of international Space Law also with a view to future developments.
-
Ukrainian national Space Law from an international perspective
Space Policy, 2002Co-Authors: Frans G Von Der Dunk, Sergei A NegodaAbstract:Abstract As one of the three former Soviet republics engaged in Space activities, the Ukraine has had to formulate new national Space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonising its legislation with that of its international political and economic partners and of creating clear guidelines for investors. This article presents the background to the formation of Ukrainian Space Law, describes some of the new Laws enacted and discusses these within the context of international Space Law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the effect of international cooperation on Ukrainian Space Law development.
-
LIABILITY VERSUS RESPONSIBILITY IN Space Law: MISCONCEPTION OR MISCONSTRUCTION?
1991Co-Authors: Frans G Von Der DunkAbstract:The relation between the two legal notions of 'responsibility' and 'liability' in Space Law has never been dealt with in a comprehensive fashion. The paper sets out to do this, although the problem turns out to be too complex to really realize that goal. First it goes back to those notions as they are dealt with in general international Law, where their relation has indeed been a topic for discussion and research. The notions are analyzed with three key concepts as guidelines: the indispensable criteria for each of the notions to become applicable; the role of 'due care' as a special problem regarding attributability in each of the two cases; and the consequences once the respective notions are found to be applicable. This analysis leads to the conclusion, that the traditional construction of the two concepts in general international Law is a misconstruction. The International Law Commission's efforts at redefinition of the concepts indeed manages to avoid this misconstruction, however, at the cost of creating a misconception. Transferred to Space Law, analysis of the two notions along the same lines leads to the conclusion that here the traditional construction is followed, with only a minor improvement relating to the 'due care' concept. The consequences of this misconstruction are then indicated, .and claimed to be not merely of theoretical and academic importance. On the other hand, it is argued that application of the ILC's misconception to Space Law would not solve those problems either. For these reasons finally a much more simplifying option is proposed, which would mean, however, in Space Law as well as in general international Law, a radical change, or rather amendment to the existing rules in those respects, read Articles VI and VII of the Outer Space Treaty as to outer Space.
Yun Zhao - One of the best experts on this subject based on the ideXlab platform.
-
Space Commercialization and the Development of Space Law
Oxford Research Encyclopedia of Planetary Science, 2018Co-Authors: Yun ZhaoAbstract:Shortly after the launch of the first manmade satellite in 1957, the United Nations (UN) took the lead in formulating international rules governing Space activities. The five international conventions (the 1967 Outer Space Treaty, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention, and the 1979 Moon Agreement) within the UN framework constitute the nucleus of Space Law, which laid a solid legal foundation securing the smooth development of Space activities in the next few decades. Outer Space was soon found to be a place with abundant opportunities for commercialization. Telecommunications services proved to be the first successful Space commercial application, to be followed by remote sensing and global navigation services. In the last decade, the rapid development of Space technologies has brought Space tourism and Space mining to the forefront of Space commercialization. With more and more commercial activities taking place on a daily basis from the 1980s, the existing Space Law faces severe challenges. The five conventions, enacted in a time when Space was monopolized by two superpowers, failed to take into account the commercial aspect of Space activities. While there is an urgent need for new rules to deal with the ongoing trend of Space commercialization, international society faces difficulties in adopting new rules due to diversified concerns over national interests and adjusts the legislative strategies by enacting soft Laws. In view of the difficulty in adopting legally binding rules at the international level, states are encouraged to enact their own national Space legislation providing sufficient guidance for their domestic Space commercial activities. In the foreseeable future, it is expected that the development of soft Laws and national Space legislation will be the mainstream regulatory activities in the Space field, especially for commercial Space activities.
-
National Space Law in China: An Overview of the Current Situation and Outlook for the Future
2015Co-Authors: Yun ZhaoAbstract:In National Space Law in China , Yun Zhao examines Space Laws, regulations and policies in China. As the first English monograph on national Space legislation in China, this book shall contribute to the understanding of China’s Space Law regime.
Gérardine Meishan Goh - One of the best experts on this subject based on the ideXlab platform.
-
1 Dispute Settlement in International Space Law
Dispute Settlement in International Space Law, 2007Co-Authors: Gérardine Meishan GohAbstract:This chapter critically assesses the existing procedures of dispute settlement in international Space Law. It looks at the three UN treaties that contain provisions for dispute settlement: The 1967 Outer Space Treaty, the 1972 Liability Convention, and the 1979 Moon Agreement. The chapter presents a brief look at UN General Assembly resolutions, various inter-governmental and regional organizations’ methods of dispute settlement, as well as provisions for dispute settlement in bilateral and project-based agreements. It then analyzes the recent efforts by the United Nations, the International Law Association, the International Institute of Space Law, and other organizations to establish an international instrument for dispute settlement in Space Law Procedures for dispute settlement in international Space Law are few and far in between.Keywords: 1967 outer Space treaty; 1972 liability convention; 1979 moon agreement; bilateral agreements; dispute settlement; inter-governmental organization; international Space Law; project-based agreements; regional organizations; UN general assembly resolutions
-
3 Need for a Sectorialized Space Law Dispute Settlement Mechanism
Dispute Settlement in International Space Law, 2007Co-Authors: Gérardine Meishan GohAbstract:This chapter argues that international Space Law requires a special sectorialized dispute settlement mechanism that is permanent and compulsory. It first looks at the unique paradigm of activities in outer Space. These include: military use of outer Space and dual-use technology; international cooperation; Space science and technology; commercialization of outer Space; and proliferation of actors involved in Space activities. The chapter then outlines the special requirements that this sectorialized dispute settlement mechanism will have to fulfill. International Law has traditionally feared the individual. Standing for individuals and private entities in international Law has been very restrictive. The evolution of international Space Law has been an efficient one, following very closely on the heels of scientific and technical advances. Certainty of efficiency can come about only from the adoption of an operational, regulated mechanism for the settlement of disputes.Keywords: dual-use technology; international cooperation; international Space Law; outer Space; sectorialized dispute settlement mechanism
