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Commonalities and the Search for Customary International Law
Series:
Studies in Space Law, Volume: 20
Author:
In the absence of formal treaty law, orbital debris has grown exponentially in our most valuable orbital regions. To address this problem, many major spacefaring programs have implemented independent laws and policies meant to mitigate the release and overall threat of debris. However, these individual efforts have not translated into a cohesive international set of regulations to address the growing debris problem. Fortunately, there may exist unappreciated similarities among major international programs, either in whole or part, that once identified could lay the groundwork for the recognition of customary international law. This book reviews a number of major programs in depth and seeks to answer if any commonality among them has likely established customary international law.
Commonalities and the Search for Customary International Law
Series:
Studies in Space Law, Volume: 20
Author:
In the absence of formal treaty law, orbital debris has grown exponentially in our most valuable orbital regions. To address this problem, many major spacefaring programs have implemented independent laws and policies meant to mitigate the release and overall threat of debris. However, these individual efforts have not translated into a cohesive international set of regulations to address the growing debris problem. Fortunately, there may exist unappreciated similarities among major international programs, either in whole or part, that once identified could lay the groundwork for the recognition of customary international law. This book reviews a number of major programs in depth and seeks to answer if any commonality among them has likely established customary international law.
Poland has a long tradition of space-related research and activities, going back to the 15th-century astronomer Nicolaus Copernicus. In the 21st century, the Polish space sector is building stable cooperation between science and industry, developing innovative technologies, and stimulating contacts and foreign cooperation, despite the government only devoting around 0.01 percent of Poland’s GDP to its space sector.
This overview of the Polish space sector covers the heritage of space-related activities in Poland, present-day development of space law in Poland, and a review of present applications and regulations in both commercial and public applications.
This overview of the Polish space sector covers the heritage of space-related activities in Poland, present-day development of space law in Poland, and a review of present applications and regulations in both commercial and public applications.
Past, Present and Future
Series:
Studies in Space Law, Volume: 21
Poland has a long tradition of space-related research and activities, going back to the 15th-century astronomer Nicolaus Copernicus. In the 21st century, the Polish space sector is building stable cooperation between science and industry, developing innovative technologies, and stimulating contacts and foreign cooperation, despite the government only devoting around 0.01 percent of Poland’s GDP to its space sector.
This overview of the Polish space sector covers the heritage of space-related activities in Poland, present-day development of space law in Poland, and a review of present applications and regulations in both commercial and public applications.
This overview of the Polish space sector covers the heritage of space-related activities in Poland, present-day development of space law in Poland, and a review of present applications and regulations in both commercial and public applications.
Access to space technology has changed dramatically in the past 10 years. Traditionally, access to space capabilities required dedicated receivers and significant investment. With the advent of new information technologies that incorporate and disseminate the benefits of space directly to users, access to space technology is no longer so exclusive. As the seamless delivery of space capabilities, from navigation and position to data flows, makes it difficult to distinguish space capabilities from other information infrastructures, legal structures developed to govern space technologies are being forced into contact with a variety of other legal structures.
Legal questions abound as new markets, innovative technologies, and increased data access emerge, and the lex specialis of space accommodates these trends. This book investigates how traditional space law is developing as space technology enters the daily lives of individuals everywhere.
Legal questions abound as new markets, innovative technologies, and increased data access emerge, and the lex specialis of space accommodates these trends. This book investigates how traditional space law is developing as space technology enters the daily lives of individuals everywhere.
Series:
Studies in Space Law, Volume: 19
Access to space technology has changed dramatically in the past 10 years. Traditionally, access to space capabilities required dedicated receivers and significant investment. With the advent of new information technologies that incorporate and disseminate the benefits of space directly to users, access to space technology is no longer so exclusive. As the seamless delivery of space capabilities, from navigation and position to data flows, makes it difficult to distinguish space capabilities from other information infrastructures, legal structures developed to govern space technologies are being forced into contact with a variety of other legal structures.
Legal questions abound as new markets, innovative technologies, and increased data access emerge, and the lex specialis of space accommodates these trends. This book investigates how traditional space law is developing as space technology enters the daily lives of individuals everywhere.
Legal questions abound as new markets, innovative technologies, and increased data access emerge, and the lex specialis of space accommodates these trends. This book investigates how traditional space law is developing as space technology enters the daily lives of individuals everywhere.
Legal and Policy Implications
Series:
Studies in Space Law, Volume: 18
Author:
The creation of the U.S. Space Force triggered an outpouring of responses ranging from ridicule and derision, to applause and relief, to fear and concern. It also raised questions about the future of conflict in outer space. Through an exploration of the legal context of military space activities, the history of American military space policy, and Great Power space interactions during and after the Cold War, The United States Space Force and the Future of American Space Policy ultimately concludes that the U.S. Space Force is a natural outgrowth of American space policy, but is no more likely to threaten space security than previous activity in the space domain.
Legal and Policy Implications
Series:
Studies in Space Law, Volume: 18
Author:
The creation of the U.S. Space Force triggered an outpouring of responses ranging from ridicule and derision, to applause and relief, to fear and concern. It also raised questions about the future of conflict in outer space. Through an exploration of the legal context of military space activities, the history of American military space policy, and Great Power space interactions during and after the Cold War, The United States Space Force and the Future of American Space Policy ultimately concludes that the U.S. Space Force is a natural outgrowth of American space policy, but is no more likely to threaten space security than previous activity in the space domain.
Author:
This is the first comprehensive and systematic monograph on withdrawal from multilateral treaties, which explains the evolution of the concept of withdrawal and examines its increasing use over time. International scholars and policy makers have long addressed treaty making and treaty maintenance in light of the binary choice between compliance and breach, while leaving unregulated or at least under-regulated the actual act of withdrawal. In the age of global retrenchment, is there still room for international law to regulate the rules of the game, or will unilateral decisions overturn the current architecture of a multilateral global order?
Author:
This is the first comprehensive and systematic monograph on withdrawal from multilateral treaties, which explains the evolution of the concept of withdrawal and examines its increasing use over time. International scholars and policy makers have long addressed treaty making and treaty maintenance in light of the binary choice between compliance and breach, while leaving unregulated or at least under-regulated the actual act of withdrawal. In the age of global retrenchment, is there still room for international law to regulate the rules of the game, or will unilateral decisions overturn the current architecture of a multilateral global order?
Editor:
Winner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award
Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.
Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.
Series:
Studies in Space Law, Volume: 17
Editor:
Winner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award
Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.
Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.
Smart Regulation in Liberalized Markets
Editor:
Aviation Law and Policy in Asia: Smart Regulation in Liberalised Markets examines the evolution of aviation law and policy in selected Asian jurisdictions and analyses the dynamic regulatory challenges that each jurisdiction faces. Prominent aviation law and policy experts in Asia analyse topics such as air transport liberalisation, the regulation of air operator certificates, legal issues about pilot strikes, traffic rights allocation, legal challenges arising from new types of aircraft, ticket pricing regulation, air services agreements, airport competitiveness and aircraft financing. The case studies and recommendations presented in this book both enrich theoretical debates and serve as a roadmap for understanding aviation law and policy in Asia.
Smart Regulation in Liberalized Markets
Editor:
Aviation Law and Policy in Asia: Smart Regulation in Liberalised Markets examines the evolution of aviation law and policy in selected Asian jurisdictions and analyses the dynamic regulatory challenges that each jurisdiction faces. Prominent aviation law and policy experts in Asia analyse topics such as air transport liberalisation, the regulation of air operator certificates, legal issues about pilot strikes, traffic rights allocation, legal challenges arising from new types of aircraft, ticket pricing regulation, air services agreements, airport competitiveness and aircraft financing. The case studies and recommendations presented in this book both enrich theoretical debates and serve as a roadmap for understanding aviation law and policy in Asia.
Author:
The Geostationary Ring: Practice and Law addresses numerous physical aspects of this highly sought-after orbit which serves as the backbone for international satellite communications and analyses the evolution of its use, coordination and related disputes along with sovereignty claims over segments of the Geostationary Orbit.
The author, Martha Mejía-Kaiser, discusses the increasing population of this orbital region with operational spacecraft, its pollution with man-made space debris, and the upcoming active space removal by external systems. Based on empirical data, the author analyses in unprecedented detail a measurable State practice in the efforts of keeping this orbital region operational, and addresses key legal questions with regard to the benefit and interests of all nations, equitable access and its economic and rationale use.
See inside the book.
The author, Martha Mejía-Kaiser, discusses the increasing population of this orbital region with operational spacecraft, its pollution with man-made space debris, and the upcoming active space removal by external systems. Based on empirical data, the author analyses in unprecedented detail a measurable State practice in the efforts of keeping this orbital region operational, and addresses key legal questions with regard to the benefit and interests of all nations, equitable access and its economic and rationale use.
See inside the book.
Practice and Law
Series:
Studies in Space Law, Volume: 16
Author:
The Geostationary Ring: Practice and Law addresses numerous physical aspects of this highly sought-after orbit which serves as the backbone for international satellite communications and analyses the evolution of its use, coordination and related disputes along with sovereignty claims over segments of the Geostationary Orbit.
The author, Martha Mejía-Kaiser, discusses the increasing population of this orbital region with operational spacecraft, its pollution with man-made space debris, and the upcoming active space removal by external systems. Based on empirical data, the author analyses in unprecedented detail a measurable State practice in the efforts of keeping this orbital region operational, and addresses key legal questions with regard to the benefit and interests of all nations, equitable access and its economic and rationale use.
See inside the book.
The author, Martha Mejía-Kaiser, discusses the increasing population of this orbital region with operational spacecraft, its pollution with man-made space debris, and the upcoming active space removal by external systems. Based on empirical data, the author analyses in unprecedented detail a measurable State practice in the efforts of keeping this orbital region operational, and addresses key legal questions with regard to the benefit and interests of all nations, equitable access and its economic and rationale use.
See inside the book.
Managing Liability Exposure for Injuries to Crew and Passengers Resulting from US Commercial Space Activities
Series:
Studies in Space Law, Volume: 14
Author:
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.
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.
Managing Liability Exposure for Injuries to Crew and Passengers Resulting from US Commercial Space Activities
Series:
Studies in Space Law, Volume: 14
Author:
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.
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.
Author:
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.
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.
Series:
Studies in Space Law, Volume: 15
Author:
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.
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.