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Full-Text Articles in Law

Markets, Regulation, And Inevitability: The Case For Property Rights In Outer Space, Eliot T. Tracz May 2023

Markets, Regulation, And Inevitability: The Case For Property Rights In Outer Space, Eliot T. Tracz

University of Miami International and Comparative Law Review

In 1967, a number of countries—including the United States— entered into the Outer Space Treaty. This treaty established the fundamental rules by which countries are to conduct themselves in outer space. At the time, there was more concern about the possibility of the Cold War, and thus nuclear weaponry, extending into space and very little consideration of commercial activity, which was largely the province of Science Fiction. Today, commercialization of space includes satellites, private companies contracting for government work, space tourism, and the early stages of testing materials for resource extraction. Interestingly, no international system for the recognition of property …


United Arab Emirates International Obligations In The Exploration Of Outer Space According To The United Nations Treaties, Ahmed Alzaabi Feb 2021

United Arab Emirates International Obligations In The Exploration Of Outer Space According To The United Nations Treaties, Ahmed Alzaabi

UAEU Law Journal

The eyes of the world are looking to outer space as a source for a number of opportunities that opened up in front of it to advance civilization and contribute to the political and economic filed. Therefore, developed countries started their race to explore the outer space and try to dominate it since the sixties of the last century.

From 1963, and in order to unify efforts and encourage international cooperation in the field of exploration and use of outer space, the United Nations intervened to declare the principles and issue decisions and legislation agreements that contribute to the development …


The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens May 2018

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In …


Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák Feb 2018

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of …


Neutrality And Outer Space, Wolff Heintschel Von Heinegg Dec 2017

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …


International Law And Military Activities In Outer Space, Robert L. Bridge Jul 2015

International Law And Military Activities In Outer Space, Robert L. Bridge

Akron Law Review

The object of this review is to establish definitively the legal constraints which currently apply to military activities in space. Research has disclosed no single reference less than eight years old which examines all the issues to be discussed here. A great flurry of scholarly legal writing attended the launching of the Russian Sputnik in 1957, but comparatively little has been written since the late 1960's. Thus, much of the source material cited here is ten to fifteen years old.


Private Management And Operation Of The Space Shuttle: Some Legal Problems Related To Market Entry, George S. Robinson Jul 2015

Private Management And Operation Of The Space Shuttle: Some Legal Problems Related To Market Entry, George S. Robinson

Akron Law Review

Most of the private enterprise constituency interested in participating in the commercial exploitation of near and deep space will be subject to a multitude of new laws and entire legal regimes, ranging in scope from public and private international law to domestic legislation, implementing regulations and, even the old and new anti-trust laws. The majority of the interested business community has no idea that an amalgam of specific legal principles and regimes already exists of sufficient distinction to be called "space law."


The New Era In Outer Space, Hamilton Desaussure Jul 2015

The New Era In Outer Space, Hamilton Desaussure

Akron Law Review

In a speech given at the Kennedy Space Center October, 1978, President Carter noted that the United States has invested about one hundred billion dollars in the United States space program and that the inauguration of the space shuttle will bring the second great era of the space age. He stated that the most paradoxical and exciting thing about the shuttle is that "it will make our use of space in the future routine and perhaps not very exciting. . . ." Routine it may not become for perhaps a generation, but exciting it will almost certainly be from the …


Hazardous Biological Activities In Outer Space, Philip Mcgarrigle Jul 2015

Hazardous Biological Activities In Outer Space, Philip Mcgarrigle

Akron Law Review

The purpose of this article is to focus on space acts that may be classified as ultrahazardous (specifically microbiological research) and to discuss how these activities are or will be affected by current or future legal regulations. Legal standards from both a United States and an international perspective will be discussed.


Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley Apr 2015

Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.


Appendix: Commander's Handbook On The Law Of Naval Operations Jan 1991

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.


Index Jan 1991

Index

International Law Studies

No abstract provided.


Legal Control Of Outer Space, Joe C. Savage Jan 1963

Legal Control Of Outer Space, Joe C. Savage

Kentucky Law Journal

No abstract provided.


Chapter Vii: Conclusions, Carl Q. Christol Jan 1962

Chapter Vii: Conclusions, Carl Q. Christol

International Law Studies

No abstract provided.


Appendix B: Bibliography Of Bibliographies Relating To The International Law Of Outer Space, Carl Q. Christol Jan 1962

Appendix B: Bibliography Of Bibliographies Relating To The International Law Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter Iii: The Development Of The Law Of Outer Space, Carl Q. Christol Jan 1962

Chapter Iii: The Development Of The Law Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Introduction, Carl Q. Christol Jan 1962

Introduction, Carl Q. Christol

International Law Studies

No abstract provided.


Table Of Contents, Carl Q. Christol Jan 1962

Table Of Contents, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter V: The Right To The Maintenance Of International Peace, Security, And Self-Defense In Outer Space, Carl Q. Christol Jan 1962

Chapter V: The Right To The Maintenance Of International Peace, Security, And Self-Defense In Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter I: Introduction, Carl Q. Christol Jan 1962

Chapter I: Introduction, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol Jan 1962

Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter Ii: Outer Space And The World Community, Carl Q. Christol Jan 1962

Chapter Ii: Outer Space And The World Community, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol Jan 1962

Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Appendix A: List Of Annexes, Carl Q. Christol Jan 1962

Appendix A: List Of Annexes, Carl Q. Christol

International Law Studies

No abstract provided.


The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer Jan 1962

The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer

Michigan Law Review

On the twenty-fifth of June, the Government of the United States of America received an invitation to attend in Russia a conference of plenipotentiaries to consider the revision of an important multilateral convention. Since the conference involved matters which, by American municipal practice, were solely within the competence of private enterprise and not subject to the control of government, the United States at first refused to attend. Russia, however, assured the United States that representatives of private enterprises would be welcome. Relations between these two countries were on such a friendly basis that the United States accepted the invitation extended …