What Does Risk Mean in This New “Risky Space Business”?

Managing Liability Exposure for Injuries to Crew and Passengers Resulting from US Commercial Space Activities

Series:

Maria-Vittoria “Giugi” Carminati

In the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state.

Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.

Series:

Diego Zannoni

Is international law equipped to tackle the challenges posed by the dramatic increase in disasters? In Disaster Management and International Space Law Diego Zannoni attempts to answer this crucial question through an analysis of the main legal issues involved, addressing both prevention and relief, with a special focus on major space applications such as remote sensing and telecommunications, and the attendant specific legal regimes.
It is argued that, when lives of human beings are in danger, territorial sovereignty becomes, to a certain extent, porous and bends in front of the value of human life and the urgent need to rescue. On the other hand, specific obligations were identified to cooperate in the prevention and management of disasters, particularly in terms of data sharing.

How High the Sky?

The Definition and Delimitation of Outer Space and Territorial Airspace in International Law

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Thomas Gangale

In How High the Sky?, jurist Thomas Gangale explores the oldest and most important controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin? Even though nations did not object to the first satellites flying over their sovereign territory, after more than six decades there is still no international agreement on how low the right of space object overflight extends, nor are there agreed legal definitions of “space object” and “space activity.” Dr. Gangale brings his background as an aerospace engineer to bear in exploding long-held beliefs of the legal community, and he offers a draft international convention to settle the oldest and most intractable problems in space law.

Studies in International Air Law

Collected Work of Cheng Bin

Edited by Chia-Jui Cheng

Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier’s liability.

Widely acknowledged as the "Father of International Air Law,” Studies in International Air Law reveals the author’s enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.

State Accountability for Space Debris

A Legal Study of Responsibility for Polluting the Space Environment and Liability for Damage Caused by Space Debris

Series:

Peter Stubbe

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.

Common Resources

Law of the Sea, Outer Space, and Antarctica

Edited by John Norton Moore

In this fourth installment of the American Classics in International Law series, John Norton Moore approaches what are generally, if perhaps misleadingly, known as “common resources” in international law. The contributions in this volume, reflecting some of the best writing in each area by American international legal scholars, cover the law of the sea, the law of outer space, and the law of Antarctica. While each is a discrete subject area, they have a shared thread of encompassing “common” areas of the oceans, space and the Antarctic continent.

From Jessup's important 1927 piece on Maritime Jurisdiction to contemporary writings on outer space law and the evolution of the Antarctic Treaty, Moore compiles a comprehensive collection of influential American scholarship spanning more than 80 years on the world's shared resources, often revealing the importance of United States foreign policy in the development of each of these areas. Brought together by an Introduction by the Editor, this volume serves as the definitive resource for the American contribution to international law and common resources.

Small Satellites

Regulatory Challenges and Chances

Series:

Edited by Irmgard Marboe

Small Satellites – Regulatory Challenges and Chances edited by Irmgard Marboe addresses the booming phenomenon of small satellites. The rapid innovation of technology has made it possible to develop, launch and operate small satellites at rather low costs. Universities, start-ups and also governments see the chance to access outer space more easily and inexpensively. Yet, the importance to comply with existing rules and regulations that are in place to ensure that outer space is used and explored in a safe and responsible manner is sometimes overlooked. The book addresses this challenge and shows how it can be met. The contributors are renowned academics and practicioners from many different countries that share their experiences and insights and suggest practical solutions.

National Space Law in China

An Overview of the Current Situation and Outlook for the Future

Series:

Yun Zhao

China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.

Pioneers of Space Law

A Publication of the International Institute of Space Law

Edited by Stephan Hobe

International space law is less than 50 years old. Although the work on the codification of space law started in the late 1950s, the Outer Space Treaty was only adopted in January 1967. However, much earlier than that, even as early as 1932, the first ideas about legal rules for human activities in outer space were being considered. Very little is known about these early drafts and proposals, and the pioneering work of early scholars in the field remains relatively unknown. This volume seeks to redress this by analysing the biographies and contributions to international space law of eleven such early "pioneers”, whose ground-breaking and original work helped to develop the field in important ways. The collection starts in the 1930's with the Czech author Vladimir Mandl, and dwells at length on the 1950's, the early time of space flight. The section on each "pioneer" is written by different members of the International Institute of Space Law, making this a lively, fascinating and unique collection of essays, of interest to the whole community of space lawyers.

Edited by Pablo Mendes de Leon

This volume brings together a fascinating collection of essays on air law, approached from national, European and international perspectives. These perspectives often interact, always interestingly, but not necessarily harmoniously, a theme which forms a Leitmotiv in the writings, reports and pleadings of John Balfour, to whom the volume is dedicated. Written by a diverse group of experts in the field of air law, the collection is divided into three parts: Public Air Law, EU Air Law and Private Air Law.