International Space Law by Jakhu, Ram S.;

Short description:

Covering the most recent developments in International Space Law, this volume presents both the theoretical and practical aspects (including case law) in the realm of applied international space law. The text includes the fundamental principles and the legal regimes governing space applications.

Long description:

This comprehensive volume covers all aspects of international space law, including the fundamental principles and the legal regimes governing space applications. Uniquely it deals extensively with the international law of space communications and the legal issues related to space safety both of which have been largely neglected in earlier manuscripts. Covering the most recent material International Space Law deals with both the theoretical and practical aspects (including case law) in the realm of applied international space law. This work will have broad appeal and be of interest to researchers and academics in the fields of space law and/or international law, space industry executives, specialist lawyers, foreign ministries as well as international organisations such as the United Nations.

This comprehensive volume covers all aspects of international space law, including the fundamental principles and the legal regimes governing space applications. Uniquely it deals extensively with the international law of space communications and the legal issues related to space safety both of which have been largely neglected in earlier manuscripts. Covering the most recent material International Space Law deals with both the theoretical and practical aspects (including case law) in the realm of applied international space law. This work will have broad appeal and be of interest to researchers and academics in the fields of space law and/or international law, space industry executives, specialist lawyers, foreign ministries as well as international organisations such as the United Nations.

Table of Contents:

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PREFACE

INTRODUCTION

PART ONE: GENERAL PRINCIPLES OF SPACE LAW

1. Factual Background
(a) Distinctive features of the space environment
(b) Current and potential future uses of outer space
(c) Participants in space activities

2. Law-Making Process Relating to Space Activities

3. Legal Status of Outer Space and Celestial Bodies
(a) Applicability of international law and the UN Charter to outer space activities
(b) Question of boundaries (incl. the geo-stationary orbit)
(c) Common interest in exploration and use of outer space
(d) Regime of freedom
(e) Non-appropriation of outer space
(g) Responsibility of the "appropriate" State for national space activities
(h) Launching State and State liability
(i) Legal regime of celestial bodies (incl. the exploitation of resources and the common
heritage of mankind)
(j) International co-operation and mutual assistance
(f). Prohibition of certain military activities

4. Legal Status of Spacecraft
(a) Concepts of nationality and registration
(b) Convention on registration of objects launched into outer space
(c) Legal status of international space stations
(d) Space plane; space transportation systems
(e) Rescue and return of astronauts and space objects

5. Legal Controls Governing the Use of Outer Space
(a) Assistance to astronauts and spacecraft in distress
(b) Liability for damage caused by space activities
(c) Control over activities potentially harmful to the earth space environment (including
the Space Debris problem)
(d) Nuclear power sources (NPS) in outer space

6. Settlement of Space Law Disputes
(a) Relevant provisions of various space law treaties
(b) Draft convention on the settlement of space law disputes of the ILA

PART TWO: INTERNATIONAL LAW OF SPACE APPLICATIONS

1. Factual Background and Introduction
(a) Technology of space applications(b) Relationship between space technology and law of space applications

2. Legal Issues Related to Space Transportation, Trade and Transfer of Technology
(a) Agreements relating international trade in space launch services
(b) International trade in space products and legal barriers to international transfer of space technology

3. Regulation of Telecommunications by Satellite
(a) Legal regime, established through intergovernmental consultative
organisations (especially, the International Telecommunication Union-ITU) regulating the use of the radio frequencies and the geostationary orbit:
(i) Brief history and organisational structure of ITU
(ii) Right-vesting procedures, including coordination and registration, for interference-free operation of satellites
(b) Legal regime governing intergovernmental satellite operating organisations:
(i) World-wide and regional organisations and their distinctive features
(ii) Latest legal developments in privatising these organisations
(c) Law effecting liberalisation of satellite telecommunication services and the World Trade Organisation
(d) Legal issues related to new developments in satellite telecommunication services, including the Global Mobile Personal Communication Satellite (GMPCS) services
(e) Specific legal issues related to:
(i) Direct broadcasting by satellites (DBS)
(ii) Unauthorised interception of satellite signals and copyright matter

4. Regulation of Remote Sensing by Satellites (including meteorological services)
(a) Relevant technical aspects of remote sensing by satellite and various remote sensing satellite systems
(b) United Nations and legal principles governing remote sensing satellites
(c) Agreements/arrangements and data policies relating to the collection of remote sensing data, its processing and distribution (e.g. copyright, non-discriminatory access, access charges etc.)

5. A. Regulation of Navigation by Satellites
(a) Relevant technical aspects of navigation by satellite and various uses of NAVSATs
(b) Legal and institutional problems related to the satellite-based navigation systems in general and for aeronautical services (CNS/ATM) in particular

|6. Legal Regime Governing Manned Space Activities, including International Space Stations and Space Travel
(a) Relevant technical aspects of manned space activities and various examples of space stations
(b) Analysis of the 998 international agreement (and related arrangements) for the operation and management of the International Space Station, particularly their provisions that deal with:
(i) national jurisdiction, especially over criminal matters
(ii) participation in and utilisation of the ISS facilities by partners and non-partners
(iii) operation and organisation
(iv) liability and cross-waiver of liability
(v) acquisition and protection of intellectual property rights (including data security) in materials processed in outer space
(c) Specific legal issues relating space travel and tourism.

7. Law and Military Uses of Outer Space
(a) Military space technology
(b) International law and military activities in outer space
(c) Space arms control and disarmament: current proposals and prospects

CONCLUSIONS

BIBLIOGRAPHY

INDEX