Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
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. …
Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke
Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke
Michigan Journal of International Law
In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …
Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii
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.
Outer Space: New Challenges To Law And Policy, Timothy J. Chorvat
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
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 …
Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove
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 …
The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt
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.
The Political Economy Of Orbit Spectrum Leasing, Harvey Levin
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
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
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.
Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius
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
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 …
Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger
Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger
Michigan Law Review
A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett