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Author: Olavo de Oliviera Bittencourt Neto
Publisher:
ISBN: 9783319166865
Category :
Languages : en
Pages :
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Book Description
With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international Law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Author: Olavo de Oliviera Bittencourt Neto
Publisher:
ISBN: 9783319166865
Category :
Languages : en
Pages :
Get Book Here
Book Description
With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international Law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Author: Olavo de Oliviera Bittencourt Neto
Publisher: Springer
ISBN: 9783319166841
Category : Law
Languages : en
Pages : 0
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Book Description
With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Author: Olavo de Oliviera Bittencourt Neto
Publisher: Springer
ISBN: 3319166859
Category : Law
Languages : en
Pages : 121
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Book Description
With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Author: Thomas Gangale
Publisher: BRILL
ISBN: 9004366024
Category : Law
Languages : en
Pages : 667
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Book Description
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.
Author: Delbert R. Terrill, Jr.
Publisher: Createspace Independent Pub
ISBN: 9781478379805
Category : Law
Languages : en
Pages : 120
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Book Description
The impact of the US defense and space initiatives on bilateral and multilateral treaties and on international outer space law in general, a topic of much current discussion, is better understood by an analysis of the development of that body of law. Col Delbert “Chip” Terrill Jr. discusses its early evolution and the Air Force contribution to it. He describes the Air Force's ad hoc approach to international outer space law and its efforts to have this approach adopted by the United States and the international community. Further, the author details the profound impact that the surprise attack at Pearl Harbor on 7 December 1941 had on President Dwight D. Eisenhower. He vowed never again to allow the US to be similarly vulnerable to a surprise attack, particularly in a nuclear environment. As part of his efforts to preclude a surprise attack on the United States, Eisenhower sought to establish the concept of free passage of intelligence gathering satellites as part of accepted international outer space law. The author traces how the Eisenhower administration demonstrated a lack of concern about being first in space so long as the concept of free passage in outer space was universally accepted. However, the administration apparently and clearly underestimated the propaganda value that being first would have. Colonel Terrill traces how the Eisenhower administration failed to fully communicate its policy goal of achieving such free passage to the uniformed services. Although civilian leaders in the Defense Department were aware of the administration's position, the Air Force and the other military services at times acted at cross purposes to the concept of free passage. Chip Terrill describes the Air Force's continued efforts to resist the passage of most international outer space law conventions, the restiveness of the Air Force judge advocate general (JAG) corps with a backseat role, and how the JAG generally failed in its early attempt to have the Air Force become proactive in the development of the law. Ironically, Terrill illustrates how the Air Force's ad hoc approach essentially dovetailed with Eisenhower's goal of free passage. Colonel Terrill relates how the Air Force's Project West Ford caused the passage of certain environmentally sensitive provisions of international outer space law. The author closes by examining the comment and coordination process leading to the passage of the Liability for Damages Convention. Such was typical of the Air Force's lukewarm, reactive posture regarding the passage of international conventions, except for the Agreement on Rescue and Return of Astronauts, which the Air Force strongly supported. In short, this superb work documents the interesting gestation period regarding the development of international outer space law. It will undoubtedly contribute to the development of Air Force doctrine by providing a better understanding of the Air Force's involvement in the development of international outer space law.
Author: Ram S. Jakhu
Publisher: Springer Science & Business Media
ISBN: 9048190088
Category : Law
Languages : en
Pages : 511
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Book Description
The legal regime of outer space, as enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (General Assembly Resolution 1962 (XVIII), adopted in 1963, and in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, while prohibiting the appropriation of space by any means, envisages exploration for the bene?t and in the interest of all countries on a basis of equality and in accordance with international law. Freedom of scienti?c investigation is also contemplated. Elaborating on these instruments, the Assembly in 1996 adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space (RES 51/122), in which it called for heightened international co-operation, with part- ular attention to be given to the bene?t for and the interests of developing countries and countries with nascent space programmes. Thus, it is self-evident that the outer space regime, including the 1972 Liability Convention, envisages the conduct of national activities “for the bene?t and in the interests of all countries, irrespective of their degree of economic or scienti?c dev- opment”. In this regard, Article 6 of the 1967 Treaty not only provides for national activities in outer space, but for international responsibility whether such activities are carried out by governmental agencies or non-governmental entities, and aims at ensuring that national activities are conducted in conformity with the Treaty.
Author: Tanja Masson-Zwaan
Publisher: Kluwer Law International B.V.
ISBN: 9041160612
Category : Law
Languages : en
Pages : 248
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Book Description
The relevance and substance of space law as a branch of public international law continues to expand. The fourth edition of this long-time classic in the field of space law has been substantially rewritten to reflect new developments in space law and technology of the past ten years. This updated text includes new or expanded material on the proliferation of non-state and commercial entities as space actors, the appearance of innovations in space technology, the evolving international law of satellite telecommunications in a networked world, and the adoption of national laws and international soft law mechanisms that complement the international treaty regime. In this up-to-date overview of space law, the authors offer a clear analysis of the legal challenges that play a role in new and traditional areas of space activity, including the following: - the peaceful uses of outer space; - protection of the space environment; - the emergence of new legal mechanisms in space law; - the role of Europe in space; - telecommunications; - the commercial use of space resources; - human space flight; - small satellites; - remote sensing; and - global navigation satellite systems. Additionally, the five United Nations Treaties on space are included as Annexes for easy reference by students and professionals alike. In light of the many new developments in the field, this thoroughly updated Introduction to Space Law provides a clear overview of the legal aspects of a wide array of current and emerging space activities. Lawyers, policy-makers, diplomats, students, and professionals in the telecommunication and aerospace sectors, with or without a legal background, will find concise yet comprehensive guidance in this book that will help them understand and address legal issues in the ever-changing field of space activities. The authors are close former collaborators of the late pioneers of space law and authors of the earlier editions of this volume, Isabella Diederiks-Verschoor and Vladimír Kopal.
Author: Neta Palkovitz
Publisher: Kluwer Law International B.V.
ISBN: 9403518146
Category : Law
Languages : en
Pages : 197
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Book Description
In recent years, small satellites have taken the space industry by storm. Their short development times, low cost, significant miniaturisation, standardisation and commercial availability have truly revolutionised the space industry. They make space accessible to non-professionals and on an individual level. This book is the first to explore the status of small satellites vis-à-vis international space law, examining which provisions are applicable and what kind of legal issues the traditional definitions pose when considering novel small satellites activities. The author sheds clear light on current regulatory challenges raised by the commercial and research activities of small satellites as well as by governmental and military applications. She covers the legal implications in such aspects of the small satellites revolution as the following: liability for damage caused or suffered by small satellites; State responsibility for non-governmental space activities employing small satellites; registration of space objects; launch practices; online availability of components and launch slots; the connection between small satellites and space debris; the role of space insurance; and legal challenges posed by large constellations of small satellites. In the course of the description and analysis, the author provides case studies showing how these challenges can be dealt with, offers deeply informed insights on emerging trends and future developments and indicates which jurisdictions may be most favourable to small satellite activities. The small satellites market is booming, and both States and industry are in need of guidance relating to the regulatory situation. Accordingly, this book will help stakeholders in the industry – universities, business entities and individuals, as well as non-commercial entities engaged in small satellites operations – understand what kind of regulatory challenges exist and what should be done in order to solve these challenges in the future.
Author: Diego Zannoni
Publisher: BRILL
ISBN: 9004388362
Category : Law
Languages : en
Pages : 279
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Book Description
In Disaster Management and International Space Law Diego Zannoni offers a systematic analysis of the main legal issues involved in both preventive measures regarding disasters and their relief phase, with a special focus on major space applications.
Author: Marietta Benkö
Publisher: Eleven International Publishing
ISBN: 9077596119
Category : Law
Languages : en
Pages : 318
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Book Description
The contributions in this book reflect on the growing diversification of space law and is divided in two parts. The first part provides a look at the current developments in international space law and regulation and the second part investigates future perspectives of this process. It is only recently that international space law entered its third phase of development. While the first phase, between the 1960s and 1970s, was characterized by the elaboration of international conventions in the framework of the United Nations, the second phase saw the adoption of special legal regimes in the form of UN General Assembly Resolutions which were dealing with issues like direct broadcasting by satellites (DBS), remote sensing (RS) and the use of nuclear power sources (NPS) in outer space. The third and current phase received its impetus from the growing commercialization of space activities and their emerging privatization. Therefore the main characteristics of this period relate to the efforts of adapting international space law to these recent changes and of finding ways and means to reconcile State interests with commercial perspectives. This book forms a welcome addition to any collection in the field of space law and is a refreshing contribution to the discussion in the field.
