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Satellite Communications Law: The Nexus Of Space And Telecom Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Given the complexity of satellite communications as a global business sector involving many private as well as public operators, many national and international regulators and a constantly evolving suite of services offered to an ever-increasing number of users and consumers, it should not come as a surprise that the legal environment—the sets of rules, rights, and obligations applicable to anyone operating in the field—is highly complex as well. This is already true even if merely focusing at the international level, where the myriad domestic regimes play varying roles—largely neglected in this particular article—in implementing, interpreting, refining, enforcing, or even changing …

Engineer Operations, United States Army

United States Army: Field Manuals

Engineer Operations, United States Army Field Manual FM 3-34

Fire Support And Field Artillery Operations, United States Army

United States Army: Field Manuals

Fire Support and Field Artillery Operations, United States Army Field Manual FM 3-09

Army Aviation, United States Army

United States Army: Field Manuals

Army Aviation, United States Army Field Manual FM 3-04

Army Health System (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

Army Health System (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 4-02

Holistic Health And Fitness (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

Holistic Health and Fitness (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 7-22, This publication supersedes chapters 1–6 and Appendix D of FM 7-22 dated October 26, 2012

United States Army Air And Missile Defense Operations, United States Army

United States Army: Field Manuals

United States Army Air and Missile Defense Operations, United States Army Field Manual FM 3-01

Territorial Threat And Women’S Legislative Representation, Alice J. Kang, Nam Kyu Kim

Department of Political Science: Faculty Publications

Why do some countries have fewer women in parliament than do others? Recent studies find that women have less access to positions of political power in countries facing external threats. Exist-ing studies, however, do not differentiate between types of threat. We theorize that territorial threats are a particular driver of gender inequality in national parliaments. When a country’s land is under threat, people prefer having “tough” representatives in the national legislature who are competent on the military and defense moreso than when a country faces other threats. Moreo-ver, when countries face territorial threats, they build larger standing armies and adopt …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

International Satellite Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime —international satellite communications law, international satellite remote …

Religious Support, United States Army

United States Army: Field Manuals

Religious Support, United States Army Field Manual FM 1-05

Army Space Operations, United States Army

United States Army: Field Manuals

Army Space Operations, United States Army Field Manual FM 3-14

Army Support To Military Deception, United States Army

United States Army: Field Manuals

Army Support to Military Deception, United States Army Field Manual FM 3-13.4

Military Police Operations, United States Army

United States Army: Field Manuals

Military Police Operations, United States Army Field Manual FM 3-39

Sustainment Operations, United States Army

United States Army: Field Manuals

Sustainment Operations, United States Army Field Manual FM 4-0

Signal Support To Operations, United States Army

United States Army: Field Manuals

Signal Support to Operations, United States Army Field Manual FM 6-02

Chemical, Biological, Radiological, And Nuclear Operations, United States Army

United States Army: Field Manuals

Chemical, Biological, Radiological, and Nuclear Operations, United States Army Field Manual FM 3-11

The Commander's Handbook On The Law Of Land Warfare (Mctp 11-10c) (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

The Commander's Handbook on the Law of Land Warfare (MCTP 11-10c) (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 6-27

The Regulation Of Space Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space tourism has to be regulated as a subset of private spaceflight activities, whereby humans are sent to outer space in a fundamentally private context. In addition to space law, air law would be relevant for addressing private spaceflight, but neither regime has at the international level regulated relevant activities to any appreciable extent. They provide little more than a set of guiding overarching principles. Much of the onus of future regulation will fall on the shoulders of individual states, most notably the United States. In the more distant future, this may result in a special international regime, using elements …

Legal Challenges In The Context Of The European Space Policy, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction

If institutionalism is about the extent to which institutions influence the political and legal realms, and (political) neoinstitutionalism in that respect stresses the extent to which decisions by political actors are framed by institutions, European space policy would present a very interesting example thereof.

It should be noted, however, that this contribution addresses the issue of European space policy from a predominantly legal vantage point, not that of political science, meaning that even such concepts as “policy” and “institution” are first and foremost being discussed in their legal connotation and context, read from the perspective of a lawyer. Such …

¿De Quién Son La Luna Y Los Demás Cuerpos Celestes?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Probablemente esta sea la imagen más conocida de una bandera que se haya hecho nunca: Buzz Aldrin de pie junto a la primera bandera de EE UU clavada en la Luna. Pero para los que conocían la historia universal, también saltaron las alarmas. En la Tierra, hace menos de un siglo, clavar una bandera nacional en otra parte del mundo todavía equivalía a reclamar ese territorio. ¿Las barras y estrellas en la Luna significaron la creación de una colonia estadounidense?

Cuando la gente escucha por primera vez que soy un abogado que ejerce y enseña algo llamado «derecho espacial», la …

Who Owns The Moon? A Space Lawyer Answers, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Most likely, this is the best-known picture of a flag ever taken: Buzz Aldrin standing next to the first U.S. flag planted on the Moon. For those who knew their world history, it also rang some alarm bells. Only less than a century ago, back on Earth, planting a national flag in another part of the world still amounted to claiming that territory for the fatherland. Did the Stars and Stripes on the moon signify the establishment of an American colony?

When people hear for the first time that I am a lawyer practicing and teaching something called “space law,” …

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.

Asteroid Mining: International And National Legal Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction; Asteroid Mining and the Law … 2. The International Legal Context for Asteroid Mining—The Outer Space Treaty … 3. The International Legal Context for Asteroid Mining—The Moon Agreement … 4. Back to the Outer Space Treaty: Interpreting the Nonappropriation Prohibition … 5. Unilateral Action: Title IV, U.S. Commercial Space Launch Competitiveness Act … 6. Concluding Remarks

Asteroid mining is one of the hot topics today not only within the space arena at large but also in the more specific domain of space law, comprising “every legal or regulatory regime having a significant impact, even if implicitly or indirectly, …

Some Remarks Further To "Outer Space And International Geography: Article Ii And The Shape Of Global Order" By P. J. Blount, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction ... The Key Role of Article II of the Outer Space Treaty ... Article II of the Outer Space Treaty and the Commercialization of Outer Space ... Space Mining: The Need for an Update of the Legal Framework ... Updating the Existing Legal Framework: Some Further Thoughts ... Concluding Remarks

The European Union And Space—Space For Competition?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, …

Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Global Navigation Satellite Systems (GNSS), obviously, make crucial use of satellites operating in an area commonly known as “outer space,” raising issues regarding which specific body of law might rule the operations of such satellite systems. Though the “horizontal” boundary between outer space and the underlying area of airspaces has never been authoritatively defined, it has generally been agreed that those two areas differ fundamentally as to the legal regimes ruling them, giving rise indeed to a specific body of “space law.”