Law Commons^™

Towards 'Flags Of Convenience' In Space?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the increasing privatization of outer space activities, the issue of appropriate national licensing thereof and the consequent risks of cheap 'flags of convenience' being sought for the purpose is becoming more relevant. The paper assesses the possibility of such 'flags of convenience' arising in the context of space activities, as well as what could be done about it, all with reference to the law of the sea where the concept originally was coined.

Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Discusses the issue of 'soft law' in the context of space activities, the characteristics of 'law' and '(international) space law,' the role of 'law' per se in the context of space activities, the use of qualified language in legal documents (including clauses beginning with words like should or may).

It is finally submitted that, while never losing sight of the benefits of a clear and coherent legal framework probably still best reflected through a treaty regime, in the arena of space activities there is considerable benefit from such mechanisms usually labelled 'soft law', whether in the context of customary …

Another Additional To National Space Legislation: The Austrian Outer Space Act, Adopted 6 December 2011, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On December 6, 2011, the Austrian Parliament unanimously adopted the Bundesgesetz über die Genehmigung von Weltraumaktivitäten und die Einrichtung eines Weltraumregisters (Weltraumgesetz), or Austrian Space Act. Thus, Austria became the sixth EU member state and one of more than a dozen states globally adopting a comprehensive national act focusing on national activities related to or in outer space, and more specifically the prospect of fundamental private participation therein. Following the same analytical approach as with regard to the Swedish, UK, South African, Russian, Australian, Ukrainian, Norwegian, Brazilian, and Dutch national space acts, the present paper will analyze this most …

A Tale Of Two Oceans: Governance Of Terrestrial And Outer Space “Global Commons”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The governance of outer space is a key factor in determining whether that area will continue to remain open for scientific and other peaceful activities for the benefit of all mankind. At the same time, it is widely recognized that such governance is far from comprehensively realized as of today, and to the extent it does exist moreover, challenged by major developments, in particular in the area of private participation to space activities.

Taking such developments into account, efforts to further develop a proper system of governance for outer space often look for help to other existing, often more elaborated …