Air and Space Law Commons^™

Quis Vadit Cum Vobis, Galileo?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the decision early 2002 to develop Galileo, the second generation European GNSS-system, and to have it fully operational by 2008, the member states of the European Union (EU) and the European Space Agency (ESA) have taken a large step forward. The question "Quo vadis, Galileo?' has therefore, by and large, been answered - 'Into orbit!' However, many legal parameters for the future system have yet to be defined; amongst those one of the most important is the definition and establishment of the institutional structure which should bring Galileo there and make sure it remains there, in a safe, sensible …

Towards One Captain On The European Spaceship— Why The Eu Should Join Esa, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The current European Convention, aimed at shaping the future of the EU, is considering inclusion of “space” as an area of competence in the EU treaties, in order to strengthen the position of Europe in space. While the Commission in this context has contemplated turning ESA into a “space agency of the EU,” a much more fruitful approach would be the other way around: for the EU to become a member of ESA. As argued, this solution would have a few interesting precedents, be relatively easy and quick to implement, and kill a number of birds with one stone.

United Nations Principles On Remote Sensing And The User, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The United Nations Principles on Remote Sensing were adopted by consensus on 3 December 1986. They provide a set of non-binding yet agreed and politically relevant principles to guide the activities of remote sensing by the United Nations member states. The 15 principles are each examined in turn in this chapter.

This chapter deals with the Resolution on remote sensing and its impact on the user and user-relevant issues in an area involving a complex chain of activities with the resulting (legal) relations. While many types of users may be envisaged or are already active in the field, for the …

Non-Discriminatory Data Dissemination In Practice, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

A key element of the UN Principles on Remote Sensing is the concept of “non-discriminatory access.” This chapter examines this concept in detail, through a general discussion and through illustrative examples where it is directly related to data policy issues, including ESA, EUMETSAT, and CEOS.

One of the major issues in the UN Principles discussed in Chapter 4 concerns the exact and authoritative interpretation and implementation of the central concept of Principle XII of the UN Resolution, namely the “access to [remote sensing data] on a non-discriminatory basis.” As noted in Chapter 4, “discrimination” essentially entails making distinctions between equal …

Launching Alcantara Into The Global Space Economy - The 2001 Brazll..1an National Space Law The Continuing Story Of National Implementation Of International Responsibility And Liability, Part Ii, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction-It is by now beyond doubt, that a major consequence of the Outer Space Treaty's Articles VI, VII and Vlll, of the Liability Convention and of the Registration Convention is the requirement for an increasing number of states to regulate private space activities by means of national legislation largely or exclusively dedicated to space and space activities. This is not the place to go into the details of these provisions, or even into the major uncertainties and the absence of clarity still surrounding some of the key concepts concerned. Much attention has been devoted to these issues by experts, …

Intellectual Property Rights As A Policy Tool For Earth Observation Data In Europe, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter provides a contribution to analyze and evaluate the possibilities and obstacles of using intellectual property rights as a policy tool in the European Earth observation context. To this end, the generic concept of “intellectual property rights” will be discussed first. Secondly, such an analysis will then be applied to the legal particularities provided by Earth observation from space. Thirdly, a few international treaties on intellectual property rights will be discussed. Fourthly, the particular legal framework available in principle for any policies in Europe will be scrutinized, for example the specifics of the legal order having arisen within the …

Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonizing its legislation with that of its international political and economic partners and of creating clear guidelines for investors.This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the …

Earth Observation Data Policy In Europe: An Inventory Of Legal Aspects And Legal Issues, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The activities of Earth observation and further policy initiatives to deal with the data produced thereby raise fundamental questions as to how to use “law” as a policy tool, to stimulate them and/or curb their perceived negative effects. The crucial involvement of “outer space” in Earth observation causes special legal parameters to arise in this respect. Europe is one of the major players in this area, with various important international organizations involved in addition to a number of space powers, which makes it interesting in particular to deal with the situation in this part of the world. This chapter provides …

Space Debris And The Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The issue of space debris has already for some time been very high upon the agenda of scientists, worrying about the future possibilities to undertake astronomical observations from earth. Currently, these worries are increasingly spreading to the public at large, in view of the risks of damage being caused on earth— the deorbiting of Mir, in a way the largest piece of space debris ever, was a media issue for many weeks. And even commercially oriented entities are rapidly coming to realise that the growing amount of tiny objects in outer space will not just obstruct or endanger scientific exploration, …

Vikings First In National Space Law: Other Europeans To Follow The Continuing Story Of National Imj>Lementation Of International Responsibility And Liability, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction- As is often borne out by discussion, the term 'national space law' is used with a considerable degree of variation in scope. In the broader sense, it would encompass all law on a national level exclusively or predominantly applicable to outer space and/or space activities. Thus, a law creating a national space agency as such would already be labelled a 'national space law'. Even broader, all national law exercising substantial impact upon space activities could be qualified as 'national space law', including for example legislation related to financing of mobile assets, insurance of certain activities, or general tort …

Sovereignty Versus Space - Public Law And Private Launch In The Asian Context, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In the more than forty years which have gone by since the birth of space law, there has not been a more revolutionary development than the rapidly increasing involvement of private entities in space activities. International space law in the narrow sense—essentially five space treaties and five United Nations Resolutions on space constituting the core of the corpus juris spatialis internationalis— developed for its most fundamental part when only states (and a few international organisations) were undertaking space activities in any meaningful sense of the word. Its exclusively public character, for example in terms of rights and obligations provided …

Space For Dispute Settlement Mechanisms - Dispute Resolution Mechanisms For Space? A Few Legal Considerations, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction-The subject of dispute settlement is at the heart of every legal system or subsystem, whether national or international, and in principle it should not be any different for space law either. Indeed, amongst space law experts often attention has been paid to this issue, if indeed usually confined to such experts, like in the context of the International Law Association where a draft convention for the settlements of space law disputes was developed.

2. The issue of dispute settlement in space law-The general picture sketched above has of course undergone considerable change over the last years, perhaps most …

Launching From 'Down Under': The New Australian Space Activities Act Of 1998, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction: the generic role of national space legislation- Prior to dealing with the specific case of Australia, and its recently established national space law, a summary overview of international space law and the generic role of national space legislation within its framework is due. This overview is for a major part summarising an analysis already undertaken in much more detail at another occasion.

2. The international legal framework for national space legislation - Articles VI and VIII. Outer Space Treaty- Article VI of the Outer Space Treaty provides that states are internationally responsible for "national activities in outer space", …

International Organisations As Creators Of Space Law: A Few General Remarks, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

'Space law' is a term as such leaving much space for varying interpretations. In a narrow sense, it might be interpreted as involving the set of legal rules which foremost deal with outer space as an area and the comprehensive set of activities which humans can undertake in or with respect to that area. From that perspective, it deals essentially with the 'classical' five space treaties (Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention and Moon Agreement) and the few important United Nations Resolutions which have been enunciated throughout the last four decades or so. Furthermore, it deals with …

Earth Observation And Data Policy In Europe: The Legal Issues - The Eopole Concerted Action Project -, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Earth observation activities using satellites constitute one of the areas of space activities where important developments are presently occurring - most prominently as regards the 'downstream' use and application of data resulting from those activities. The increasing measure of private involvement in the relevant activities and the increasing availability of very high resolution data on the market are especially noticeable from this perspective. Policy issues regarding the use of earth observation data - as partly reflected by, partly resulting in legal parameters - in their tum are of paramount importance also for the earth observation activities in outer space themselves. …

The 1972 Liability Convention Enhancing Adherence And Effective Application, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction

2. The Liability Convention the status quo and current developments

3. The Liability Convention and space debris

3.1. The definition of space object

3.2. Unidentifiable space debris

3.3. The definition of" damage"

4. The Liability Convention and private space activities

4.1. Liability at the international level

4.2. Liability at the national level

4.3. Linking international liability and national liability

5. Conclusion

The Delimitation Of Outer Space Revisited The Role Of National Space Laws In The Delimitation Issue, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Recently, the issue of the delimitation and definition of outer space has been put back on the agenda of the Legal Subcommittee of UNCOPUOS. This issue has of course many complex features. It effectively revisits the fundamental but rather theoretical debate between proponents of 'spatialism' and adherents to 'functionalism' when it comes to defining the essence of international space law. It reflects on a measure of absence of political will to establish any rigid delimitation and definition ahead of technical or other developments which may tend to ignore such legal borderlines. Moreover, even amongst those agreeing on the need to …

Future Developments Relating To Outer Space Treaties, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction

2. The Outer Space Treaty, Private Enterprise and National Space Legislations

3. The United States: Communications Act of 1934

4. United States: Commercial Space Launch Act of 1984/1988

5. United States: Remote Sensing Acts of 1984 and 1992

6. Sweden: Act on Space Activities of 1982

7. United Kingdom: Outer Space Act of 1986

8. Russian Federation: Law on Space Activities of 1993

9. South Africa: Space Affairs Act of 1993

10. Conclusions

The Dark Side Of The Moon The Status Of The Moon: Public Concepts And Private Enterprise, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Thirty years after the entry into force of the Outer Space Treaty most of its principles and concepts have not only found general acceptance as such, but also undergone considerable further development and elaboration. One of the most notable exceptions was the definition of the status of the moon (and other celestial bodies). This was partly due to the circumstances surrounding the drafting, conclusion, entry into force and then ultimate neglect by most states of the Moon Agreement, which was supposed to progressively develop and elaborate this issue. Now that an increasing interest may be discerned in returning to the …

Future Developments Relating To Outer Space Treaties, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When it comes to join in celebrating the thirtieth birthday of the Outer Space
Treaty, and to take a look at the future of this 'Magna Charta' for outer space and the legal framework built upon it, this is not only a pleasure but a challenge as well. It obviously involves taking a look at present and future developments in the practice of space and space-related activities.

In my view, the most comprehensive development is the increasing involvement of private enterprise. Consequently, we would need to ask ourselves where and how this development relates to, and impacts upon, the present …

The Role Of Law With Respect To Future Space Activities, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the enormous increase of space activities the question arises as to what extent law does or should play a role in preserving the interests of mankind at large in the use of outer space. Furthermore, it should be asked whether the present legal framework requires only slight modification, or a complete overhaul, in order to cope with these developments. It is concluded that the law as it stands today provides a largely satisfactory regime for the time being, whereas establishment of a new regime from stratch would create far more problems than it would solve.

Two New National Space Laws: Russia And South Africa, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Increasing private participation in space activities is one of the most farreaching developments relevant for international space law today. The most comprehensive consequence of such private participation in a legal sense is in fact the necessity to establish a national space legislation of some kind, in view of the international obligations arising under responsibility and liability for the state relative to the consequences of these private activities. The rather recent addition in 1993 of two states, the Russian Federation and the Republic of South Africa, to the previously existing number of three states (the United States, Sweden and the United …

Commercial Space Activities: An Inventory Of Liability - An Inventory Of Problems, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Wherever commercial activities are undertaken, the question of liability for harmful effects of those activities to others is one of the first things to come to a lawyer's mind. With space activities of course, as long as endowed with commercial character, it is no different. Nevertheless, the special character of space activities as a category and space as an area, reflected in the corpus juris spatialis which has developed over the past decades as a lex specialis to the lex generalis of general public international law, provides this question of liability with a number of special features when regarded in …

The Illogical Link: Launchlng, Liabillty And Leasing, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Present day developments in international space activities in a way provide many opportunities for private entities to become more involved therein. One interesting phenomenon which seems to arise on the horizon in relation to these developments concerns the possibility of leasing a spacecraft. Questions arising in this regard focus on such issues as ownership, whether state or private, in view of the registration-obligation, and liability for damage and its close link to the launching of the spacecraft in question.

An effort will be made in the paper to briefly analyze the legal ramifications of leasing a spacecraft. Hence, firstly a …

Liability Versus Responsibility In Space Law: Misconception Or Misconstruction?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The relation between the two legal notions of 'responsibility' and 'liability' in space law has never been dealt with in a comprehensive fashion. The paper sets out to do this, although the problem turns out to be too complex to really realize that goal. First it goes back to those notions as they are dealt with in general international law, where their relation has indeed been a topic for discussion and research. The notions are analyzed with three key concepts as guidelines: the indispensable criteria for each of the notions to become applicable; the role of 'due care' as a …

Towards A European Space Agency, Mark Ii? The Space Program Of The Former Soviet Union And The Commonwealth Of Independent States, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Out of the many historical political events of the last few years, in terms of outer space and outer space law the final demise of the Soviet Union in December 1991 no doubt was the most important. One of the two superpowers in space disappeared as a state never to return. The fifteen republics formerly comprising the Soviet Union entered the international community of states more or less in its stead, eleven of them willing - so far - to remain together within a framework for cooperation ominously named "Commonwealth of Independent States".

As to outer space, nine of those …

The Unification Of Germany And International Law, Frans Von Der Dunk, Peter H. Kooijmans

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The process of German unification, at least as far as its international legal aspects are concerned, is almost complete now. After the first Staatsvertrag, creating as of July 1, 1990, a monetary union between the Federal Republic of Germany ("FRG") and the German Democratic Republic ("GDR"), the second Staatsvertrag uniting the two States as of October 3 legally sealed the inter-German aspects of the unification.

At the same time, the September 12 Treaty between the four former occupation powers—the United States, the Soviet Union, Great Britain and France—and the two former occupied German States took care of the remaining …

Liability Versus Responsibility In Space Law: Misconception Or Misconstruction?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The relation between the two legal notions of 'responsibility' and 'liability' in space law has never been dealt with in a comprehensive fashion. The paper sets out to do this, although the problem turns out to be too complex to really realize that goal. First it goes back to those notions as they are dealt with in general international law, where their relation has indeed been a topic for discussion and research. The notions are analyzed with three key concepts as guidelines: the indispensable criteria for each of the notions to become applicable; the role of 'due care' as a …

Pandora's Box? The Basic Legal Framework For Doing Business With A Space Station: An Inventory Of Problems, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Considers the the commercial aspects of space stations and their legal implications.

Law And Practice - European National Space Agencies Under International Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The legal place and role of national space agencies in general has not yet been the subject of much debate. This paper tries to argue however that this problem is of some relevance indeed. Concurrently with debating it namely, by concentrating on the case of some European agencies the problems of defining a "national space agency" and of the relevance of such definitions as to such a place and role will be answered to some extent.

Thus, Article VI of the Outer Space Treaty is seen as providing for a subdivision of space agencies in 'governmental agencies' and 'nongovernmental entities.' …