On-orbit Servicing (OOS) will revolutionize the satellite industry, by offering tools that enable life-extension and debris remediation. However, the advanced technology heightens the risk of liability for damages and the overall perceived security in space. In addition, international OOS missions challenges the traditional concepts in the international space Treaties. Whilst OOS is not prohibited under the current legal framework, it is clear that the legal framework needs to be supplemented in order to address the new challenges. Based on the findings of the regulatory landscape, the paper offers various suggestions as to how the legal and political challenges can be addressed. These suggestions include meeting security concerns through a greater sense of transparency and trust, enabled by for example more information on the locations of the satellites, and rules for OOS behaviour. |
International Institute of Space Law
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Article |
International Cooperation Mechanisms in Outer Space Activities for the Next Decade11th Nandasiri Jasentuliyana Keynote Lecture |
Authors | Setsuko Aoki |
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Article |
On-Orbit Servicing: Repairing, Refuelling and Recycling the Legal Framework |
Authors | Thea Flem Dethlefsen |
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Article |
The Importance of an International Funding Mechanism for Active Debris Removal in LEO |
Authors | Claudiu Mihai Tăiatu |
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The proliferation of space debris and the imminent deployment of large constellations of satellites in LEO could negatively impact the long-term sustainability of outer space activities. A potential solution to clean up space and maintain a sustainable space environment is Active Debris Removal (ADR). The ADR is a potential revenue earning activity, but such activity needs a legal framework that will dissolve the existing concerns. Space law is fundamental for supporting a potential business case for commercial ADR missions. This paper will bring into discussion an international mechanism addressing the financial means for commercial ADR activity with a focus on LEO. By doing so, this paper will address the advent of ADR as lucrative activity and will analyze the proposal to finance an international fund by the launching states and ADR operators in a “Pay or play” fashion. |
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The Role of International Territorial Administration in (Semi) Permanent Lunar Presence |
Keywords | International Territorial Administration, Governance, International Law, Space Law |
Authors | Matija Renčelj |
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The aim of this paper is to analyse examples of ITA as a relevant model in administering celestial bodies. Proposed missions to the Moon promise ambitious plans which will change the way humanity perceives (and administers?) our closest celestial neighbour. Examples of ITA, which first emerged in the 19th and early 20th century are valuable resources for understanding how international organisations can undertake administration of increased presence on celestial bodies. In fact, international organisations already perform such powers (i) either vaguely, e.g. through the OST or (ii) through a clear regulatory mechanism that assigns slots in Geostationary orbit. In order for the regulatory framework to get up to speed with developments in space exploration the solution is two-fold: (i) avoid fragmenting debates on niche-topics (resources, cultural heritage, safety standards) but rather tackle them through a comprehensive framework and (ii) allow the UN (or a body designated by the UN) to actively administer activities on celestial bodies. ITA mechanisms developed in the past 100 years, have proven flexible enough to adapt to multiple scenarios and different political realities. Furthermore they allow international organisations to assume powers of administration without acquiring ownership over the territory and are hence in line with the provisions laid down in the OST. The analysed mechanisms in no way represent a magic solutions to all the alleged shortcomings of the current regulatory environment, it is nevertheless important to establish a nexus between developed examples of ITA and potential future mechanisms administering activities on celestial bodies. |
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The Plight of Valinor: A Realist’s Approach to the Development of Space Law in Future Mars Colonial Society |
Authors | Marshall Mckellar and Yvonne Vastaroucha |
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Air, Water, Food, Shelter, Sleep: These are the five basic requirements for a human being to survive. Providing these basics to a single person is a harrowing challenge; providing them to 1,200 souls on the merciless Martian landscape is nearly impossible. Nonetheless, in 2032 SpaceX successfully constructed Valinor – the first human scientific settlement on Mars-by transporting hundreds of scientists, engineers, scientific experiments and the most technologically advanced survival equipment ever created to the red planet. Each year saw more successful missions to Valinor, and the world community grew more excited about the realization of mankind’s expansion into the cosmos. However, after 15 years of exciting scientific discoveries and over 350 billion dollars invested in its survival and sustainability, Valinor remained monetarily profitless. After the stock market crash of 2047, SpaceX was purchased by OnlyEarth Corp., an oil conglomerate that saw Valinor as a threat to its fiscal security. Over the next three years, OnlyEarth reduced its regular supply missions to Valinor, demanding that Valinor produce massive quantities of Martian raw materials in exchange for fresh supplies from Earth. When Valinor refused to comply with these demands, OnlyEarth ended re-supply missions altogether. With the flow of corporate resources now stemmed, Valinor’s leadership was forced to redesign the sociopolitical and legal structure of its 1,200+ inhabitants to ensure the colony’s survival. |
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A Treaty of Many Minds: An In-Depth Look at the Travaux Préparatoires of the Principles Declaration of 1963 |
Keywords | Principles Declaration, Mexico, travaux préparatoires, lacunae, insuffisance sociale, non liquet |
Authors | Howard Chang |
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Much of the current literature on interpretation of the Outer Space Treaty of 1967 (OST) focuses on the OST’s own travaux préparatoires, but not on the Principles Declaration of 1963 (Principles Declaration), the basic ideas of which were incorporated into the OST. Many of these ideas expressed in the travaux of the Principles Declaration give a very forward-looking glimpse at issues in outer space, whether they were emphasized or simply discussed. |
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Space Mining and Environmental Protection: Recycling International Agreements into New Legal Practices |
Authors | Gabrielle Leterre |
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The increasing interest in extracting natural resources from celestial bodies raises many issues, among which guaranteeing environmental standards is paramount. There is more than a reasonable concern that industrial exploitation of the outer space lead to similar or even greater disasters than the ones already afflicting Earth. There is a consensus among the legal community that international law does provide environmental protection through the Outer Space Treaty in its Article IX. Because of its generality, however, this provision precludes the agreement from effectively protecting the outer space's environment in the context of specific activities. The present contribution aims to explore appropriate legal responses. One, often proposed, is that such a response should take the form of a new international agreement. Considering the lengthy process of treaty-making, and the reluctance of States to adopt binding international documents limiting their freedom in space, there is a high chance that space mining activities will have started by the time there is any kind of international agreement. Therefore, another approach must be envisaged, which rests with the analysis of existing environmental standards that could be leveraged to answer the challenges of space mining activities. Special attention will be paid to the enforcement of the Outer Space Treaty and how it should be combined with what is usually referred to as “soft laws”. As a conclusion, the contribution attempts to answer the question of the transforming role of States in complementing existing international standards for the protection of the outer space environment. |
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Analyzing the Legality of Military Use of Resources Extracted from the Moon under the Outer Space Treaty |
Authors | Tejas Bharadwaj and Harshith Iyer |
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The Moon contains resources such as Helium-3, Titanium, and Rare Earth Elements, that can potentially be extracted and incorporated into different products. |
Article |
The Documentation of Human Rights Violations by Satellites: The Satellite Sentinel Project |
Keywords | Documentation of international crimes, satellite images, evidence, Space Law instruments |
Authors | Ingrid Barbosa Oliveira and Jonathan Percivalle de Andrade |
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The present work aims to examine and study the organization “The Satellite Sentinel Project”, created to monitor the commission of international crimes in Sudan, which was essential to support the attacked civilian population and document human rights violations that occurred during the Civil War. By that, it is possible to understand that space technology can also be considered an important asset in the human rights protection systems, especially regarding the production of evidence of heinous acts of violence. Therefore, an important question arises: are those images able to guarantee legal standards to human rights systems regardless of the lack of regulation of satellite use in this particular area? For this purpose, the Sudan case was studied in light of the evidence obtained by the Satellite Sentinel Project, in order to understand its effectiveness. In sequence, the Space Law instruments, which regulate Earth observation and remote sensing activities, were examined. Finally, the discussion relied on the lawfulness and admissibility of satellite imagery as evidence before accountability proceedings. |