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Comparative Space Law
The Space Frontier from a Private Law Perspective
Series: - Studies in Space Law, Volume: 25
Author:
This book approaches space law from the angle of legal comparison. In a new phase of exploration and exploitation of outer space characterised by an increasing presence and role of commercial entities, problems inherent in systems of private law arise in a special context and require specific legal answers. Through a comparative method, this book systematises the complex legal spacescape concerning some fundamental concepts rooted in the various national systems of private law: natural and legal persons, property rights, liability, contracts, and securities. These analyses form a handbook of private law in the context of outer space.
Sirio Zolea, Ph.D., is senior researcher of Private Comparative Law at the Law Department of Roma Tre University, where he teaches Space Policies and the Law and European and Comparative Data Law. His research is focused on law and technology.
Introductory Part
1 The Aim and the Method of This Book
1.1 The Aims and the Structure
1.2 The Method
2 Space Economy, Space Society and Space Law
2.1 The Space Economy in General
2.2 An Embryonic Space Society
2.3 Ubi ius, ibi societas
3 Space Law: What Is It?
3.1 The Multiple Layers of Space Law
3.2 International Space Law
3.2.1 The Outer Space Treaty
3.2.2 The Other Multilateral Space Treaties
3.2.3 International Agreements on Cooperation in Outer Space: Some Relevant Examples
3.3 National Space Law
3.4 Legal Hybridity in Space
4 Comparative Law and International Law
4.1 The Dialogue between Comparative Law and International Law
4.2 Some Benefits of Comparative International Law
5 Space Law and Comparative Law: A Beneficial Symbiosis
5.1 Comparative Law for Space Law
5.2 Space Law for Comparative Law
1 The Players of Space Law
1 Humankind
1.1 Space Law and the Problem of Terrestrial Territorialisation
1.2 Humankind and Human Rights in Space Law
2 States and Other Entities of International Law
2.1 States and Intergovernmental Organisations in International Space Law
2.2 The Role of the State (and Its Public Bodies) in National Space Law
2.3 Jurisdiction in Space
3 Commercial Entities
3.1 A General Tendency towards Commercialisation of Outer Space
3.2 Commercial Entities in International Space Law
3.3 The Current Orientation of the Space Legislation of the United States of America
3.4 Licensing Private Operators
3.4.1 The United States of America
3.4.2 Europe
3.4.3 People’s Republic of China
4 Individuals and Social Groups
4.1 Individuals in International Space Law
4.1.1 The Multilateral Space Treaties
4.1.2 Other International Agreements
4.2 Individuals in National Space Law
4.3 Some Inconclusive Remarks on Individuals and Social Groups in Space Law
2 Legal Models in Outer Space
1 Public Sector-Centered vs. Private Sector-Centered Space Policies and Legal Rules
1.1 Space Powers and Polycentric Governance of Space Activities
1.2 Private-Focused Models of Space Policies and Space Law
1.2.1 The United States of America
1.2.2 The Artemis Accords
1.3 Public-Focused Models of Space Policies and Space Law: China
1.4 Europe: The Problematic Quest for a Third Way
2 Fundamental Rights, Constitutional Principles and Space Law
2.1 Outer Space and Inequalities
2.2 Space Law, Equality Issues and State Intervention in Light of a Heterodox Economic Approach
2.3 Social Rights and Public Economic Intervention: Prospects for a European Third Way towards Outer Space
3 Some Traditional Problems of Private Law from the Perspective of Space Law
1 Property Rights with Regard to Space Objects
1.1 Property Rights in Outer Space?
1.2 The International Law Framework
1.2.1 Outer Space Treaty and Moon Agreement
1.2.2 The Uncertainties and Ambiguities of the Rules of International Law
1.3 National Laws and the Artemis Accords
1.3.1 The Law of the United States of America: Towards ‘Space Homestead Acts’?
1.3.2 Other National Laws Regarding Space Resources and the Artemis Accords
1.4 Looking for Property Models in Outer Space
1.4.1 Suggestions from Civil Law and Common Law
1.4.2 Suggestions from China
1.5 De iure condito
1.6 De iure condendo
2 Liability in Outer Space
2.1 Torts in Outer Space
2.2 The International Law Framework
2.2.1 Responsibility and Liability in the Outer Space Treaty
2.2.2 The Liability Convention: Substantive Provisions
2.2.3 The Liability Convention: Procedural Provisions
2.2.4 The Liability Convention: An Assessment
2.2.5 Liability in International Agreements on Cooperation in Outer Space: The Examples of the International Space Station and the Artemis Accords
2.3 Third-Party Liability of the European Space Agency
2.4 Liability in National Space Legislation
2.4.1 The United States of America
2.4.2 France
2.4.3 Italy
2.4.4 China
2.5 How Legal Comparison Might Help to Improve and Update Space Liability Rules
3 Space Contracts
3.1 Contracts and Outer Space
3.2 Uncertainty
3.3 Cross-Waiver Clauses
3.4 International Harmonisation of Space Contracts
4 Securities in Outer Space
4.1 Securities and the Space Industry
4.2 Securities in the Context of Space Resources
4.3 Securities in the Context of (Artificial) Space Objects
Some Conclusions
1 Towards a System of Private Law in Outer Space
2 Reconnecting the Thread of the Investigation
3 Legal Comparison as an Actual Tool for Peaceful Cooperation in Outer Space
Bibliography
Index
1 The Aim and the Method of This Book
1.1 The Aims and the Structure
1.2 The Method
2 Space Economy, Space Society and Space Law
2.1 The Space Economy in General
2.2 An Embryonic Space Society
2.3 Ubi ius, ibi societas
3 Space Law: What Is It?
3.1 The Multiple Layers of Space Law
3.2 International Space Law
3.2.1 The Outer Space Treaty
3.2.2 The Other Multilateral Space Treaties
3.2.3 International Agreements on Cooperation in Outer Space: Some Relevant Examples
3.3 National Space Law
3.4 Legal Hybridity in Space
4 Comparative Law and International Law
4.1 The Dialogue between Comparative Law and International Law
4.2 Some Benefits of Comparative International Law
5 Space Law and Comparative Law: A Beneficial Symbiosis
5.1 Comparative Law for Space Law
5.2 Space Law for Comparative Law
1 The Players of Space Law
1 Humankind
1.1 Space Law and the Problem of Terrestrial Territorialisation
1.2 Humankind and Human Rights in Space Law
2 States and Other Entities of International Law
2.1 States and Intergovernmental Organisations in International Space Law
2.2 The Role of the State (and Its Public Bodies) in National Space Law
2.3 Jurisdiction in Space
3 Commercial Entities
3.1 A General Tendency towards Commercialisation of Outer Space
3.2 Commercial Entities in International Space Law
3.3 The Current Orientation of the Space Legislation of the United States of America
3.4 Licensing Private Operators
3.4.1 The United States of America
3.4.2 Europe
3.4.3 People’s Republic of China
4 Individuals and Social Groups
4.1 Individuals in International Space Law
4.1.1 The Multilateral Space Treaties
4.1.2 Other International Agreements
4.2 Individuals in National Space Law
4.3 Some Inconclusive Remarks on Individuals and Social Groups in Space Law
2 Legal Models in Outer Space
1 Public Sector-Centered vs. Private Sector-Centered Space Policies and Legal Rules
1.1 Space Powers and Polycentric Governance of Space Activities
1.2 Private-Focused Models of Space Policies and Space Law
1.2.1 The United States of America
1.2.2 The Artemis Accords
1.3 Public-Focused Models of Space Policies and Space Law: China
1.4 Europe: The Problematic Quest for a Third Way
2 Fundamental Rights, Constitutional Principles and Space Law
2.1 Outer Space and Inequalities
2.2 Space Law, Equality Issues and State Intervention in Light of a Heterodox Economic Approach
2.3 Social Rights and Public Economic Intervention: Prospects for a European Third Way towards Outer Space
3 Some Traditional Problems of Private Law from the Perspective of Space Law
1 Property Rights with Regard to Space Objects
1.1 Property Rights in Outer Space?
1.2 The International Law Framework
1.2.1 Outer Space Treaty and Moon Agreement
1.2.2 The Uncertainties and Ambiguities of the Rules of International Law
1.3 National Laws and the Artemis Accords
1.3.1 The Law of the United States of America: Towards ‘Space Homestead Acts’?
1.3.2 Other National Laws Regarding Space Resources and the Artemis Accords
1.4 Looking for Property Models in Outer Space
1.4.1 Suggestions from Civil Law and Common Law
1.4.2 Suggestions from China
1.5 De iure condito
1.6 De iure condendo
2 Liability in Outer Space
2.1 Torts in Outer Space
2.2 The International Law Framework
2.2.1 Responsibility and Liability in the Outer Space Treaty
2.2.2 The Liability Convention: Substantive Provisions
2.2.3 The Liability Convention: Procedural Provisions
2.2.4 The Liability Convention: An Assessment
2.2.5 Liability in International Agreements on Cooperation in Outer Space: The Examples of the International Space Station and the Artemis Accords
2.3 Third-Party Liability of the European Space Agency
2.4 Liability in National Space Legislation
2.4.1 The United States of America
2.4.2 France
2.4.3 Italy
2.4.4 China
2.5 How Legal Comparison Might Help to Improve and Update Space Liability Rules
3 Space Contracts
3.1 Contracts and Outer Space
3.2 Uncertainty
3.3 Cross-Waiver Clauses
3.4 International Harmonisation of Space Contracts
4 Securities in Outer Space
4.1 Securities and the Space Industry
4.2 Securities in the Context of Space Resources
4.3 Securities in the Context of (Artificial) Space Objects
Some Conclusions
1 Towards a System of Private Law in Outer Space
2 Reconnecting the Thread of the Investigation
3 Legal Comparison as an Actual Tool for Peaceful Cooperation in Outer Space
Bibliography
Index
Academic institutes, specialists, post-graduate students, practitioners