Outer Space Law
Legal Policy and Practice, Second Edition
Yanal Abul Failat, Anél Ferreira-Snyman
Published: 2022
Pages: 575
eBook: 9781787424845
This title has been updated significantly and several new chapters have been added dealing with topical issues including: the regulation of satellite navigation systems, and satellite constellations; the application of human rights in outer space settlements; the exploration and colonisation of outer space; and planetary protection.
Non-State entities are becoming more and more involved in outer space activities, including the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Private operators have significantly increased activity in the launch of satellites and in 2021 no less than three private space companies (Virgin Galactic, Blue Origin and SpaceX) conducted successful space tourist flights.
Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people around the world. Consequently, the socio-economic benefits of space technology (in particular satellite technology) have made the development of space programmes an increasing necessity for developing States.
Outer space has become a congested environment. The involvement of private actors, specifically, has given rise to a number of legal issues, including questions pertaining to liability, insurance, space debris, human rights and property rights in space.
To address these legal uncertainties, the existing chapters in the second edition of Outer Space Law: Legal Policy and Practice have been updated significantly and several new chapters have been added dealing with topical issues including:
the regulation of satellite navigation systems, and satellite constellations;
the application of human rights in outer space settlements;
the exploration and colonisation of outer space; and
planetary protection.
The second edition of Outer Space Law: Legal Policy and Practice remains aimed at readers looking for a single title to understand the key issues relevant to the space sector, by also emphasising the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and State departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm Fasken, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.
Table of Contents
Cover | Cover | |
---|---|---|
Title | 1 | |
Copyright | 2 | |
Contents | 3 | |
Preface to the first edition | 7 | |
Preface | 9 | |
Foreword | 11 | |
International law governing outer space activities | 13 | |
National law governing outer space activities | 31 | |
Delimitation of outer space and Earth orbits | 49 | |
Military activities in outer space | 65 | |
Licensing private outer space activities | 95 | |
Property and ownership in outer space | 129 | |
Universe exploration and colonisation | 161 | |
Planetary protection | 175 | |
The exploitation of natural resources in outer space | 199 | |
Regulation of artificial satellites | 219 | |
Regulation of remote sensing activities | 239 | |
Legal regulation of satellite navigation systems | 271 | |
Regulation of satellite constellations | 285 | |
Regulation of the space tourism sector | 301 | |
Financing space activities | 347 | |
Intellectual property law in the context of climate change | 371 | |
Environmental responsibility for space debris | 391 | |
International trade aspects of outer space activities | 429 | |
Cyber operations in outer space | 461 | |
The extraterritorial application of human rights instruments in outer space settlements | 475 | |
Evidence from space in cases before international courts and tribunals | 505 | |
Dispute resolution | 519 | |
About the authors | 547 | |
Index | 557 | |
About Globe Law and Business | 575 |
The second edition with the new chapters is a must-have for every space law practitioner.
Mohamed Amara
General Counsel, UAE Space Agency
It is a pleasure to see a table of contents, which does not go the traditional paths of dealing with space law, but lists one after the other exciting topics, which touch upon key questions, space law practitioners and also space law makers deal with: licensing private activities, property and ownership, regulation of satellite constellations, financing space activities, environmental responsibility, international trade aspects, cyber operations or evidence from space in cases before international courts and tribunals. More than twenty contributions, and all of them are interesting to read.
Prof. Dr. Kai-Uwe Schrogl, ZLW
German Journal of Air and Space Law
Again, contributions are provided from a pleasing combination of space venturers, practitioners, and academics... Furthermore, this second edition covers contemporary NewSpace topics such as universe exploration and colonisation, planetary protection, regulation of satellite systems and of satellite constellations, financing of space activities, and the extra-territorial application of human rights instruments in outer space settlements.
Theunis Kotzé, Attorney of the High Court of South Africa
South African Yearbook of International Law
Ntorina Antoni
Attorney, In-house counsel, Swiss Space Systems Holding SA
[email protected]
https://www.linkedin.com/in/ntorinaantoni/
Ntorina Antoni is a Greek-qualified lawyer and inhouse counsel at Swiss Space Systems Holding SA (S3). S3 is a company which is planning to conduct parabolic flights worldwide and developing an innovative air-launched sub-orbital shuttle – Sub Orbital Aircraft Reusable (SOAR) – that will allow for the delivery of small satellites into low Earth orbit and for the operation of suborbital flights.
Ms Antoni holds an advanced LLM in Air and Space Law from the International Institute of Air & Space Law (IIASL), Leiden University (2014- 2015) and an LLM in International and European Public Law from Tilburg University (2012-2013). She obtained her law degree from the National and Kapodistrian University of Athens in 2012. She is a member of the International Law Association, International Academy of Astronautics, International Institute of Space Law and Women in Aerospace.
Olavo de Oliveira Bittencourt Neto
Catholic University of Santos
[email protected]
https://www.linkedin.com/in/olavo-bittencourt-neto-7b19a616/
Olavo Bittencourt is Professor Doctor at the Catholic University of Santos, Brazil and vicechair of the Hague Space Resources Working Group. He graduated at the University of São Paulo, concluding his Master’s degree and PhD on relevant topics of space law. He has been part of the Brazilian delegation to the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) General Assembly since 2009. Prof Dr Bittencourt is a former member of the Board of Directors of the International Institute of Space Law (IISL) and is affiliated to the Brazilian Association of Air and Space Law (SBDA). He was selected for the IAF Emerging Space Leaders Programme and is a recipient of the IISL Diederiks- Verschoor Award.
He is the author of several publications in the fields of space law and policy, international law and international relations and, as a guest lecturer, has presented his researches at universities and institutions around the globe.
Damian M Bielicki
Lecturer in law, University of Greenwich
[email protected]
https://www.linkedin.com/in/damian-bielicki/
Dr Damian M Bielicki is a lecturer in law at the University of Greenwich, London. He is also an Associate Lecturer at the School of Law, Birkbeck, University of London and a Visiting Lecturer at Regent’s University London.
Dr Bielicki’s research output is on space law and cyber law. He completed the International Space University’s Space Studies Program at NASA Ames Research Center in California. He also worked on several projects at the European Space Agency. He was one of the founders and leads of the Space Exploration Project Group at the Space Generation Advisory Council in support of the United Nations Programme on Space Applications. He is also the founder of the Space Law Centre, the world’s largest online database of space law and policy related issues.
Miguel Calvete
Broker, International Space Brokers Inc
[email protected]
https://www.linkedin.com/in/miguel-calvete-96a6312b/
Miguel Calvete is a broker for International Space Brokers, the dedicated space division of Aon UK Limited, a risk management and insurance brokerage firm based in London.
Possessing an LLB degree, Mr Calvete is part of a global team of experts who advise satellite operators, launch service providers and financial institutions (among others) on their insurance needs with regard to their space exposures. In particular, he specialises in designing bespoke insurance policy wordings and analysing key contracts for clients, such as satellite manufacture, launch vehicle services agreements and financing documentation.
As a broker, Mr Calvete is involved in the marketing and placement of the insurance process, liaising with clients and specialist insurers who provide coverage for space activities. He is a key contributor to Aon’s specialist market reports on the latest industry trends and is a member of the Satellite Finance Network.
Maria Elena De Maestri
Senior research fellow of international law, University of Genoa
[email protected]
https://www.eu-space.eu/index.php/staff-2020/organizing-commitee-2020/maria-elena-de-maestri
Dr Maria Elena De Maestri is a senior research fellow of international law at the Faculty of Law, University of Genoa, where she teaches international law and private international law and also lectures for specialist schools. She was formerly a researcher and lecturer in European Union law and international law at the same institution, from which she graduated in 2006. She also obtained a PhD in international law at the Centro Italiano di Eccellenza sulla Logistica Integrata (CIELI) (University of Genoa) in 2009. Dr De Maestri has conducted research with overseas institutions, including the Max Planck Institute for Comparative Law and Private International Law, Hamburg (2015), the Centre Inrets, Paris Arcueil (2008) and the Hague Academy of International Law (2007). Since 2009, she has regularly participated in research projects financed by the European Commission, the Italian Ministry of Education, University and Research, and the University of Genoa.
Since September 2016 Dr De Maestri has been a scientific co-ordinator with the Jean Monnet Module EUSPACE, Europe in Space: Law and Technology. She has participated as speaker in conferences and seminars at both international and national levels. She is the author of several publications dealing with EU and international law, including space law.
Philip De Man
Postdoctoral researcher, Leuven Centre for Global Governance Studies
[email protected]
https://www.linkedin.com/in/philip-de-man-61424886/
Dr Philip De Man is a postdoctoral researcher in international space law at the Leuven Centre for Global Governance Studies. His research is funded by the Research Foundation Flanders and concerns multi-level interactions between different levels of space law-making, with a focus on the exploitation of space resources. Dr De Man obtained his doctoral degree in international space law at the University of Leuven, concerning the exploitation of natural resources in outer space. He also teaches international, European and national space law in the interdisciplinary Master of Space Studies at the universities of Leuven and Ghent, Belgium, where he is active as a Senior Researcher. Dr De Man is a member of the Delegation of Belgium to the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). He also serves as core expert on the international space law group of the project developing a Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) and as an observer to the Hague Space Resources Governance Working Group.
Wian Erlank
Professor Doctor, North-West University (Potchefstroom Campus), South Africa
[email protected]
https://www.linkedin.com/in/erlank/
Professor Wian Erlank is an associate professor in law at the Potchefstroom Campus of North-West University, where he currently teaches property law. His doctoral dissertation, Property in Virtual Worlds, was completed at the University of Stellenbosch, as doctoral candidate for the South African Research Chair in Property Law. Professor Erlank presents sessions on a number of areas of space law at the annual Gujarat Air and Space Law Academy held at the Gujarat National Law University. He is also on the boards of several international conferences, including ALPS and YPLF, and has been an associate editor of the prestigious Potchefstroom Electronic Law Journal (PER/PELJ) for a number of years. Professor Erlank’s research interests and publications include (among others) aspects of property law, space law, virtual world law, cyber law and social media law, in particular how concepts of property and property law function in new and unexplored environments, such as cyberspace and outer space.
In addition to his international publications, Professor Erlank frequently presents papers at international conferences, usually about new and exciting developments and topics.
Yanal Abul Failat
Associate, LXL LLP
[email protected]
https://www.linkedin.com/in/yanalabulfailat/
Yanal Abul Failat is an international lawyer (qualified as a solicitor in England & Wales) and an associate at LXL LLP, whose lawyers advise on corporate aspects and the financing of space projects and satellite launch systems. Mr Failat advises State-owned companies, major corporations, small- and medium-sized enterprises and start-ups on general corporate and commercial operations, mergers and acquisitions, regulatory matters and dispute resolution. His practice is focused principally on energy and natural resources as well as the industrial and the space sectors. He also advises on matters in Africa, Asia, Europe and the Middle East and on issues concerning outer space.
Anél Ferreira-Snyman
Professor, University of South Africa
[email protected]
https://www.linkedin.com/in/an%C3%A9l-ferreira-snyman-800b33237/
Professor Anél Ferreira-Snyman holds a doctoral degree in public international law. The title of her thesis is The erosion of state sovereignty in public international law: Towards a world law? She is a Professor of Law in the Department of Jurisprudence of the School of Law at the University of South Africa. Her research area is public international law, with a specific focus on aspects relating to international outer space law.
Professor Ferreira-Snyman has published widely and presented a number of papers at national and international conferences on topics related to her areas of expertise. She is currently the co-editor in chief of the South African Yearbook of International Law.
Sarah K Germann
Jurist, University of Vienna
[email protected]
https://www.linkedin.com/in/sarah-katharina-germann-279831129/
Sarah K Germann is a graduate student of the Law Faculty of the University of Vienna, where she specialised in international public law and international space law. After participating in the Manfred Lachs Space Law Moot Court as a student in 2013-2014, she served as tutor to the subsequent Viennese team in 2014-2015. She has since participated in international conferences as a speaker. Her first academic paper was published in the Journal of Space Law in April 2017. Ms Germann is currently employed in the Austrian Federal Ministry of Foreign Affairs.
Carlo Golda
Attorney at law, University of Genoa
[email protected]
https://www.linkedin.com/in/carlo-golda-b7358552/
Avv Professor Golda is contract professor of outer space policy and law and international economic law at the University of Genoa. He graduated with honours at the University of Genoa and completed his post-doctoral studies in outer space policy and law (International Space Univ-MIT). He is a member of and visiting professor at the European Centre for Space Law of the European Space Agency and with the Italian Navy. He has also been a researcher at the London Institute for Space Policy and Law and visiting lecturer in a number of universities and in the International Space University.
Professor Golda currently acts as a litigator and arbitrator in criminal, insurance and labour/social security matters in domestic and international disputes.
Professor Golda is author of a number of monographs and articles in Italian and of foreign legal reviews. He is a member of the editorial board of Diritto marittimo. He was appointed as a member of the International Institute of Space Law (IISL), Paris in 2016 and has been designated as a representative of the IISL at the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) General Assembly.
Nicholas Gould
Partner, Fenwick Elliott LLP
[email protected]
https://www.linkedin.com/in/nicholasgould/
Professor Nicholas Gould is a partner and solicitor advocate at Fenwick Elliott LLP, the United Kingdom’s largest specialist construction and engineering law firm. He advises, drafts, negotiates and settles construction and engineering documents and provides strategic contract and dispute avoidance advice. His dispute resolution experience spans alternative dispute resolution, adjudication, international arbitration and litigation. He acts for contractors, employers and governments in the construction, engineering, infrastructure, transport, energy, oil and gas, and process engineering sectors. Professor Gould regularly acts as lead mediator in multi-million dollar multi-party mediations and is an accredited international dispute board member. He is a Vice President of the Commission on Arbitration and ADR of the International Chamber of Commerce (ICC), a past Chairman of the ICC International Centre for Expertise, a past Chairman of the UK Society of Construction Law and a Visiting Professor at King’s College London.
Professor Gould has published widely in the area of construction law and dispute resolution. He is one of five practitioners in Europe to have been featured in the inaugural (2017) edition of Who’s Who Legal: Thought Leaders.
Heather A Harrison Dinniss
Senior lecturer, International Law Centre, Swedish Defence University
[email protected]
https://www.linkedin.com/in/heather-harrison-dinniss-b2840b110/
Dr Heather A Harrison Dinniss is a senior lecturer at the International Law Centre of the Swedish Defence University. She is the author of Cyber War and Laws of War (Cambridge University Press, 2012), which analyses the status and use of computer network attacks in international law and examines their treatment under the laws of armed conflict. Her research focuses on the impact of modern warfare on international humanitarian law, in particular on emerging military technologies such as cyber warfare, advanced and autonomous weapons systems and the legal aspects of enhancement techniques on members of the armed forces.
Jasper Helder
Partner, Akin Gump Strauss Hauer & Feld LLP
[email protected]
https://www.linkedin.com/in/tradecompliancelawyer/
Jasper Helder is an attorney in Akin Gump’s international trade practice. His focus is on economic sanctions and European Union export controls (dual-use and military products and technologies). He frequently assists US clients with their EU compliance issues, and advises a range of multinationals on EU and UN sanctions, on interaction with US sanctions and on the interaction between EU and US export controls.
Mr Helder obtained his JD from Erasmus University in Rotterdam in 1992. He is nominated in band 3 in International Trade/WTO, Chambers Global 2017 (Europe-wide) and Chambers Europe 2017.
Christopher Daniel Johnson
Space law advisor, Secure World Foundation
[email protected]
https://www.linkedin.com/in/chrisjohnsonesq/
As a space law advisor at the Secure World Foundation, Christopher Johnson attends and participates in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and other international diplomatic fora. As the resident legal expert at Secure World, he also authors publications and engages with stakeholders and the media. The Secure World Foundation is a private non-governmental organisation (NGO) focused on fostering the secure, sustainable and peaceful uses of outer space, with a view to contributing to global stability and to benefits on Earth. Mr Johnson holds a JD, an LLM in Air and Space Law and an MSc in Space Business and Management. He has worked in the space industry for seven years, including at the UN Office for Outer Space Affairs (UNOOSA), the Office of International and Interagency Relations (OIIR) at NASA headquarters and in the Legal Department of the European Space Agency (ESA). He is a frequent guest lecturer and is Department Chair in the Space Policy, Economics and Law department at the International Space University.
Chiara C Klaui
Counsel, Akin Gump Strauss Hauer & Feld LLP
[email protected]
https://www.linkedin.com/in/chiaraklaui/
Chiara Klaui’s practice focuses on European Union trade regulation, including export controls, sanctions and customs. She advises clients on EU military and dual use restrictions as well as on their implementation in the different EU Member States, and assists them with licence applications and voluntary self-disclosures for export violations. She is experienced in the drafting of internal compliance programmes and regularly conducts internal investigations and provides compliance training.
She is included in the Who’s Who Legal 2016 Guide to Trade & Customs Lawyers and was nominated as the Runner Up Young Export Control Practitioner of the Year by the WorldECR Awards in 2015.
Thomas J McCarthy
Partner, Akin Gump Strauss Hauer & Feld LLP
[email protected]
https://www.linkedin.com/in/thomas-j-mccarthy-43b14a15/
Tom McCarthy leads Akin Gump’s international trade practice. He counsels clients on US law and policy, including export controls, sanctions, customs, anti-corruption and anti-boycott regulations and foreign investment in the United States. He specialises in developing and implementing compliance programmes; conducting internal reviews, audits and investigations; preparing voluntary disclosures; negotiating settlements with relevant agencies; drafting licence applications, ruling requests, protests, commodity jurisdiction requests and advisory opinion requests; completing focused assessments and analysing the jurisdiction and classification of items. He has extensive experience across the commercial space, high technology, aerospace and defence, and engineering services sectors.
Mr McCarthy obtained his JD in 1998 from the University of Virginia, where he was articles editor of the Virginia Journal of International Law. He previously served as a US naval officer. In 2015, he was recognised for his work as an export practitioner by the WorldECR Awards and in regulation and compliance by the National Law Journal.
Christopher J Newman
Reader in Law, University of Sunderland
[email protected]
https://www.linkedin.com/in/christopher-j-newman-24250512/
Dr Christopher J Newman is a reader in law and head of the law research cluster at the University of Sunderland. He is actively engaged in research in the field of space law and policy, having published numerous scholarly articles on this area. He has been active in the teaching of and research into space law for a number of years and has recently worked with academics from other disciplines examining the ethical underpinnings of space governance. He has also acted as a consultant on space law matters to commercial law firms and is a member of the International Institute of Space Lawyers.
Anja Nakarada Pecujlic
Assistant researcher, University of Cologne
[email protected]
https://www.linkedin.com/in/dr-anja-nakarada-pecujlic-51409a118/
Anja Nakarada Pecujlic is a PhD candidate and assistant researcher at the University of Cologne, where she is writing her thesis on space law. Prior to that, from 2014 to 2016, she was an External Consultant to the European Space Policy Institute in Vienna. From 2009 until 2014 she studied at the Law Faculty of the University of Vienna, where she specialised in international law, with her main focus being international space law. She subsequently continued to conduct space legal research and participated as a speaker in several international conferences. She has served as a judge in the Asia-Pacific round of the prestigious Manfred Lachs Moot Court competition since 2014.
Brad Powell
Associate, Akin Gump Strauss Hauer & Feld LLP
[email protected]
https://www.linkedin.com/in/jbapowell/
Brad Powell advises clients on international trade policy and compliance with US trade laws and regulations, including those related to export controls, sanctions, national security and customs. Prior to joining Akin Gump, he served as a legal intern with Space Exploration Technologies Corp (SpaceX). He also served as a legal extern in the Office of the Legal Adviser at the US Department of State, Bureau of Oceans and International Environmental and Scientific Affairs, and as a law honours intern at the Federal Aviation Administration, in the Office of the Chief Counsel, Regulations Division, Space Law Branch. Mr Powell obtained his JD cum laude in 2015 from Georgetown University Law Center, where he was a Dean’s Scholar and was awarded Best Oralist in the 2015 North American Manfred Lachs Space Law Moot Court Competition and Best Brief in the 2014 Competition.
Yun Zhao
Head of the Department of Law, University of Hong Kong
[email protected]
https://www.linkedin.com/in/yun-zhao-86301ba/
Professor Yun Zhao is Head of the Department of Law at the University of Hong Kong. He obtained his PhD from Erasmus University, Rotterdam, an LLM from Leiden University and an LLM and LLB from China University of Political Science and Law. He served as Director of the Centre for Chinese Law of the Faculty of Law, University of Hong Kong between 2013 and 2017. Professor Zhao is also Chen An Chair Professor in International Law at Xiamen University (2015) and Siyuan Scholar Chair Professor at Shanghai University of Foreign Trade (2012-2014). He is listed as an arbitrator in several international arbitration commissions. He sits on the editorial bodies of several Social Sciences Citation Index (SSCI) journals, including the Hong Kong Law Journal (as China Law editor) and Journal of East Asia and International Law (as Executive Editor).
Professor Zhao was the winner of the Prof Dr IH Ph Diederiks-Verschoor Award 2006 given by the International Institute of Space Law (IISL), Paris. He was also the first winner of both the Prof Isa Diederiks-Verschoor Prize in the Netherlands and the Sata Prize by the Foundation for the Development of International Law in Asia (DILA). He has published widely on a variety of topics, including, in particular, dispute resolution and space law.