Browse results

The Space Frontier from a Private Law Perspective
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.
Non-State Actor Accountability for Space Pollution
Outer space has long been considered the last untouched wilderness. Though space law was formed during the State-centric Cold War. However, as non-State actors increasingly infiltrate space, the risks of space pollution is growing. This book examines space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, international human rights law. It evaluates three prospective approaches to space law concerning non-State actor pollution and surveys States’ domestic approaches. In parallel, the book examines the deeper implications of the seismic increase in NSA activity in the traditionally State-centric domain of space exploration and exploitation.
The book clarifies key conceptual issues surrounding ADIZs and their influence on maritime territorial disputes in the context of the Senkaku/Diaoyu island dispute. It uniquely offers a detailed analysis of national legislation on ADIZ, suggesting that ADIZ might be evolving customary international law. The book demonstrates that aerial zones do not necessarily violate the freedom of overflight, as the airspace above the EEZ may have a dual legal status, allowing for sui generis zones. Furthermore, it shows that ADIZs do not conflict with fundamental principles of international air law or the ICAO-Council's authority to establish rules in international airspace.
Although air transport is indispensable to modern society, we know little about the diplomatic efforts that establish airline services. Nonetheless, aviation features prominently in the spectrum of international relations: in conflicts between states, for example, the suspension of landing rights is one of the first acts to symbolize serious discord. In tracing the unique cooperation between government and industry, this historical study underscores aviation as a prominent, but understudied topic in Dutch foreign relations.
The Japanese version of this text received the Riese Award from the Air Law Institute of Japan.

What kind of document should be created to solve the problem of space activities? This book uses case studies to illustrate how normative approaches in space law differ from those in other fields, delving into the history of norms and treaties in space law, contemporary issues concerning space activities, and issues surrounding debris removal and mitigation. Its analytical approach will be useful for readers who study how the basic theory of public international law can apply to new frontiers in space law.
In: Norm Formation in Space Law
In: Norm Formation in Space Law
In: Norm Formation in Space Law
In: Norm Formation in Space Law
In: Norm Formation in Space Law