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Outer Space Law

Legal Policy and Practice

Gebonden Engels 2022 9781787424821
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The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, particularly the strategic benefit of Earth observation from outer space as a national security tool. However, the dual-use potential of many space applications increasingly blurs the distinction between the military and non-military uses of space.

In fact, many States have openly declared their willingness to protect their space assets by military means and some have even described outer space as a war-fighting domain. Non-State entities are becoming more and more involved in outer space activities, including the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Private operators have significantly increased activity in the launch of satellites and in 2021 no less than three private space companies (Virgin Galactic, Blue Origin and SpaceX) conducted successful space tourist flights.

Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people around the world. Consequently, the socio-economic benefits of space technology (in particular satellite technology) have made the development of space programmes an increasing necessity for developing States.

Outer space has become a congested environment. The involvement of private actors, specifically, has given rise to a number of legal issues, including questions pertaining to liability, insurance, space debris, human rights and property rights in space. To address these legal uncertainties, the existing chapters in the second edition of Outer Space Law: Legal Policy and Practice have been updated significantly and several new chapters have been added dealing with topical issues including:the regulation of satellite navigation systems, and satellite constellations;the application of human rights in outer space settlements;the exploration and colonisation of outer space; andplanetary protection.

The second edition of Outer Space Law: Legal Policy and Practice remains aimed at readers looking for a single title to understand the key issues relevant to the space sector, by also emphasising the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and State departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm Fasken, and Professor Anel Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.


Aantal pagina's:575


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Preface to the first edition 7
Yanal Abul Failat
Anél Ferreira-Snyman
University of South Africa

Preface 9
Yanal Abul Failat
Fasken Martineau LLP
Anél Ferreira-Snyman
University of South Africa

Foreword 11
Tanja Masson-Zwaan
International Institute of Air and
Space Law, Leiden University

International law governing outer space activities 13
Christopher Johnson
Secure World Foundation;
Georgetown University Law Center

National law governing outer space activities 31
Yun Zhao
University of Hong Kong (HKU)

Delimitation of outer space and Earth orbits 49
Olavo de Oliveira Bittencourt Neto
Catholic University of Santos

Military activities in outer space 65
Anél Ferreira-Snyman
University of South Africa

Licensing private outer space activities 95
Yanal Abul Failat
Fasken Martineau LLP

Property and ownership in outer space 129
Wian Erlank
North-West University

Universe exploration and colonisation 161
Thomas Cheney
AstrobiologyOU and the OU Law
School, The Open University

Planetary protection 175
Michelle LD Hanlon
University of Mississippi School
of Law & Center for Air and Space Law

The exploitation of natural resources in outer space 199
Philip De Man
University of Leuven

Regulation of artificial satellites 219
Christopher J Newman
Northumbria University

Regulation of remote sensing activities 39
Carlo Golda
Maria Elena De Maestri
University of Genoa

Legal regulation of 271
satellite navigation systems
Elizabeth Tiarks
Northumbria University

Regulation of satellite 285
Lauren Napier
Christopher J Newman
Northumbria University

Regulation of the space tourism sector 301
Yanal Abul Failat
Fasken Martineau LLP
Anél Ferreira-Snyman
University of South Africa

Financing space activities 347
Mathieu Luinaud
William Ricard
Luigi Scatteia
PwC Advisory France,
Space Practice

Intellectual property law in the context of climate change 371
Anja Nakarada Pecˇujlic´

Environmental 391
responsibility for space debris
Anél Ferreira-Snyman
University of South Africa

International trade aspects of outer space activities 429
Sina Kimiagar
Chiara C Klaui
Thomas J McCarthy
Akin Gump Strauss Hauer & Feld LLP
Brad Powell
Relativity Space, Inc

Cyber operations in outer space 461
Heather A Harrison Dinniss
Swedish Defence University

The extraterritorial application of human rights instruments in outer space settlements 475
Gerrit Ferreira
North-West University
Anél Ferreira-Snyman
University of South Africa

Evidence from space in cases before international courts and tribunals 505
Damian M Bielicki
Kingston University London

Dispute resolution 519
Nicholas Gould
Fenwick Elliott LLP

About the authors 547
Index 557
About Globe Law and Business575

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