Law Commons^™

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 …

Vulnerability As A Launching State: Why The United States Should Adopt Explicit Indemnification Procedures In Response To The Growth Of The Commercial Space Industry, Mollie Carney

St. John's Law Review

(Excerpt)

This Note argues that the current United States launch license requirements should be amended to include explicit indemnification procedures, should the United States be held liable for damages as a Launching State under the Liability Convention. Part I of this Note examines the evolution of the space industry from a field marked by Cold War tensions to one that is dominated by private industry, and the risks that are associated with the rapid growth of the commercial space industry. Part II will explain the current legal regime by (1) setting a framework of liability generally, (2) examining the Liability …

Confronting Space Debris Through The Regime Evolution Approach, Gershon Hasin

International Law Studies

This article examines the complex policy problem of space debris and elaborates a proposal for a bottom-up cooperative regime for its mitigation. While debris proliferation generates costs and threatens the safety of personnel and equipment, this policy problem is compounded by the realization that debris constitutes a by-product of desirable space activities which facilitate national progress and domestic increases in values. It is further complicated by increased private participation, conflicting interests of participants, and a global order susceptible to outlier behavior.

Scholars attempting to tackle this policy problem have failed to appreciate the complex legislative process through which international rules …

Governing The Unknown: How The Development Of Intellectual Property Law In Space Will Shape The Next Great Era Of Exploration, Exploitation, And Invention, Lauren Peterson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

Updating The Liability Regime In Outer Space: Why Spacefaring Companies Should Be Internationally Liable For Their Space Objects, Alexander P. Reinert

William & Mary Law Review

Nothing inspires the human imagination quite like outer space. How many people have laid on their backs on a dark, clear night and gazed up at the stars above? The vast expanse of outer space seems endless. But satellite operators are increasingly realizing that space is not endless. Indeed, space is becoming more crowded with space objects, and the threat of these objects causing damage is rapidly growing. The space industry has changed dramatically in recent years, and the threats facing the industry have concurrently evolved.

The world is experiencing the dawn of a new space race—only this time, private …

Nebulous Law: Using Soft Law To Give Structure To The Amorphous Rpo Industry, Kylie Mclaughlin

St. John's Law Review

(Excerpt)

Imagine looking down at your smartphone and realizing that you cannot make phone calls or access the internet. A communications satellite enabling these functions on your cellphone has just been struck by a piece of uncontrolled space debris. Now, imagine being in the aftermath of a natural disaster, and search and rescue teams do not know you and your family are missing or in distress. A satellite within the International Satellite System for Search and Rescue has just run out of fuel. Finally, imagine trains, planes, and ships remaining in their stations, gates, and ports because each has lost …

Climate Change Management In The Space Age, Paul B. Larsen

William & Mary Environmental Law and Policy Review

This Article is about how we can use space technology and regulation to help overcome adverse effects of climate change on Earth. It describes the growing use and importance of outer space technology for monitoring, understanding, and resolving the problems of climate change. It describes precedents for the current climate crisis, discusses relevant international space laws, and explains how they fit into the existing international laws on climate change. It emphasizes the oversight role of the United Nations (“U.N.”). It describes the heavy duties placed by current climate laws on the developed countries compared with the developing countries. It explains …

The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy

Cleveland State Law Review

The current space law paradigm came into existence when two major national powers were vying for supremacy after a catastrophic world war. The nuclear age had dawned. The United Nations drafted and ratified the Outer Space Treaty under these conditions with limited foresight to the specific nature of future space activities. As more nations and private actors enter the space arena, the nature of the weapons used in space has changed, and the number of targets and opportunities for collateral damage has greatly increased.

This Note looks at the weapons aimed at space and the laws that try to govern …

Space, The Final Frontier Of Enterprise: Incentivizing Asteroid Mining Under A Revised International Framework, Jack Heise

Michigan Journal of International Law

This Note argues that the Outer Space Treaty (the “OST”) should be modified to provide explicit permission for private entities to engage in asteroid mining while maintaining the principles of international peace and cooperation that the treaty espouses as the core of the framework governing outer space. Part I explores the current state of asteroid mining with reference to the current objectives of companies conducting missions in this realm. Part II examines the OST as applied to the enterprise of asteroid mining by private companies. Part III considers the benefits and drawbacks of various regulatory schemes to govern asteroid mining. …

The Present Developments Of Legal Regulations Of Space Activities In Russia And Commonwealth Of Independent States, Elena Kamenetskaya

Akron Law Review

The purpose of this article is to give general information about basic legal documents on the exploration and use of outer space which appeared in Russia and the Commonwealth of Independent States in the recent past.

International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble

Pepperdine Law Review

The United Nations, through a series of five treaties, has created a body of international space law which controls the activities in space of states, international organizations, and private interests. Corporations planning an investment in commercial space ventures must consider the restrictions and obligations which space law will impose on their activities. This article discusses the substantive principles of the law of outer space and focuses on those provisions which will affect commercial space activities.

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.

Thomas Jefferson, We Have A Problem: The Unconstitutionality Nature Of The U.S.'S Aerospace Export Control Regime As Supposed By Bernstein V. U.S. Department Of Justice , Mike N. Gold

Cleveland State Law Review

All men are created equal, except aerospace workers. This was not how the Declaration of Independence was written, but it is how the U.S. government is currently enforcing its aerospace-related export control restrictions. Specifically, under the auspices of the International Traffic in Arms Regulations (“ITAR”)1 those in the aerospace workforce have unwittingly surrendered their First Amendment rights to free speech. This article will describe how the Ninth Circuit case of Bernstein v. U.S. Department of Justice2 clearly demonstrates the unconstitutional nature of the ITAR and will recommend reforms that would bring America's export control regime back into line with the …

Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii

Michigan Journal of International Law

Part I of this Note will outline the evolution of space law as it concerns the sharing of benefits debate. Part II will analyze interpretations of the provisions of the two treaties central in the sharing of benefits debate, and will focus the debate by discussing the lunar mining issue. Part III will consider the challenge the New International Economic Order concept poses to legal obligations to share benefits. Part IV will evaluate various ways to share benefits and propose a new method which could promote economic development without hampering the incentive to conduct outer space exploration.

The Need For An Effective Liability Régime For Damage Caused By Debris In Outer Space, James P. Lampertius

Michigan Journal of International Law

The purpose of this Note is to point out the failure of the current liability system to provide for an adequate legal mechanism of recovery for damage or loss of life caused by collisions with space debris. International responsibility for national activities in outer space is a fundamental principle of international law. Yet a claim attributed to damage by space debris is "difficult, if not impossible, to prove" under the current liability system. This Note analyzes the major difficulties in establishing liability for damage and presents a number of solutions to overcome these obstacles to recovery.

Outer Space: New Challenges To Law And Policy, Timothy J. Chorvat

Michigan Law Review

A Review of Outer Space: New Challenges to Law and Policy by J.E.S. Fawcett

Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut

Michigan Journal of International Law

The establishment of the ESC gave Europe the necessary impetus to start applications programs. In 1968, the third ESC ministerial meeting at Bad Godesberg, Federal Republic of Germany, unequivocally assigned space applications to ESRO, created the Committee of Senior Officials as an advisory board, and allocated a small budget for studies on application satellites. The Committee of Senior Officials set up a working group specifically to study possible European involvement in communication satellite programs. This working group consisted not only of representatives of the ESC and the space organizations ELDO and ESRO but also of the potential users of the …

The Political Economy Of Orbit Spectrum Leasing, Harvey Levin

Michigan Journal of International Law

This article will propose several plans for allocating a common resource of the earth-the international orbit spectrum--among nations through mechanisms designed to introduce market incentives. The rights to orbital "parking places" are so defined as to permit their subdivision, recombination, and assignment in lease markets. The lease market approach accommodates the interests of both developed countries (DCs), who have the technology and domestic demand to establish satellite systems today, and less-developed countries (LDCs), who seek long-range planning to guarantee them access to the orbit spectrum at a time in the future when they, too, possess the capability and need. In …

Some Conflicting Trends In Satellite Telecommunications, David M. Leive

Michigan Journal of International Law

Two broad trends are evident today in international satellite telecommunications. The first is a trend towards greater international regulation of the natural resources involved, the radio frequency spectrum and the geostationary satellite orbit. The second is a trend towards international and regional groupings in the provision of communications services among countries. Other articles in this volume discuss various aspects of one or the other of these trends, such as the 1985/1988 Space WARC, and regional satellite developments in Europe. Consequently, no attempt is made here to analyze the two trends fully. The principal point of this paper is to analyze …

Eutelsat: Europe's Satellite Telecommunications, Simone Courteix

Michigan Journal of International Law

In the 1950s long distance telephone communication by wire or Herz circuit was extremely limited and usually very expensive. In 1956, the installation of the first transatlantic telephone cable, TAT 1, signaled the beginning of the present era in intercontinental telecommunications. However, it soon became apparent that underwater cables would not meet the ever-increasing demand for communications created by expanding global economic activity. At the same time, radio communications also experienced growing demand, and suffered from overcrowded frequencies. It was therefore natural that the first application of telecommunications technology in space focused on the improvement of intercontinental circuits.

The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt

Michigan Journal of International Law

Communication satellites in geostationary orbit have the marvelous ability to permit information exchange across very large distances. These satellites can accomplish this feat because they are high enough above the earth's surface to be in the "line-of-sight" of microwave transmitters and receivers many thousands of miles apart. Although communication satellites were first used to relay information between continents, by the end of the 1970s they were being used increasingly to transmit information within large countries. This more recent usage, known as "domestic satellite service," is an attractive substitute for lengthy terrestrial microwave or cable networks.

Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove

Michigan Journal of International Law

The remarkable scientific and technological developments of the past three decades have resulted in the increasing use of the "geostationary orbit.” Advances in the technology of broadcasting, meteorological reconnaissance, tracking and data relay from orbital satellites, for example, have greatly enlarged its importance. The growing number of geostationary satellites and the anticipated increases in their use have evoked widespread concerns among many less-developed countries (LDCs) about the early preemption of available orbital positions by more developed nations. Attention has focused on the question of the maximum number of satellites that can be accommodated in the orbit. Although estimates have varied …

Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius

Michigan Journal of International Law

This article is a progress report, written at the beginning of 1983. It is about the unfolding of a new communications medium, satellite broadcasting, in Europe. It is very probable that by the time of publication, many new developments will have taken place. However, this analysis may still be helpful later on to allow those responsible for the development and use of this powerful new channel of communication to know what the expectations and apprehensions were in 1983. Feedback from history is indispensable to builders of the future, provided that someone is willing to commit to paper a record of …

Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor

Michigan Journal of International Law

In this article certain problems surrounding Satellite remote sensing (SRS) will be addressed with particular emphasis on their legal implications. Aspects of air law as they affect remote sensing will not be discussed in any detail, nor will it be necessary to refer to the vexing problem of determining the satisfactory boundary between the airspace and outer space. This fundamental problem is still in dispute and under constant review, both in scholarly circles and in the United Nations; and the world community may consider itself fortunate that the issue has not prevented a number of important international agreements on space …

Legal Implications Of A Permanent Manned Presence In Space, Delbert D. Smith Schnader, Harrison, Segal & Lewis, Stefan M. Lopathiewicz, Martin A. Rothblatt

West Virginia Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

Utilization of Outer Space and International Law

Gijsbertha C.M. Reijnen.

Amsterdam and New York: Elsevier Scientific Publishing Company, 1981. Pp. 179, $69.75.

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International Estate Planning

William H. Newton, III.

Colorado Springs: Shepard's/McGraw-Hill Company, 1981. Pp. 614.

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International Tax Avoidance and Evasion, Colloquy of the Council of Europe, Strasbourg, 1980

Publication 31, Publications of the International Bureau of Fiscal Documentation Amsterdam: International Bureau of Fiscal Documentation, 1981. Pp.184, Dfl. 65.00.

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Fiscal Reform in Bolivia: Final Report on the Bolivian Mission on Tax Reform Richard A. Musgrave

Cambridge: Harvard Law School International Tax Program, 1981. Pp. 593, …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE ARAB OIL WEAPON

By Jordan J. Paust & Albert P. Blaustein

Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.

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ARBITRATION IN SWEDEN

Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.

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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES

A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.

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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS

By Victor H. Li

Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.

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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …

Book Reviews, Harry H. Ransom, Nicolas M. Matte

Vanderbilt Journal of Transnational Law

FOREIGN AFFAIRS AND THE CONSTITUTION

By Louis Henkin

Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.

Harry Howe Ransom (reviewer)

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THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW

By Imre Anthony Csabafi

The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.

Nicolas Mateesco Matte (reviewer)