Launching Space Objects Issues Of Liability And Future Prospects

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Launching Space Objects Issues Of Liability And Future Prospects
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Author : V. Kayser
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-04-11
Launching Space Objects Issues Of Liability And Future Prospects written by V. Kayser and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-11 with Law categories.
Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
Space Law
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Author : Marietta Benkö
language : en
Publisher: Eleven International Publishing
Release Date : 2005
Space Law written by Marietta Benkö and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
Space Insurance International Legal Aspects
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Author : Katarzyna Malinowska
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-03-15
Space Insurance International Legal Aspects written by Katarzyna Malinowska and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-15 with Law categories.
Insurance related to outer space activities has been around since the 1960s, but has become vastly more significant with the increased commercial use of satellites. This book focuses on the legal aspects of space insurance in the contractual context, analysing space risk as well as the insurance terms used on the market. It offers the first in-depth coverage, both practical and theoretical, of space insurance from an international law perspective. Attending throughout to the important and problematic distinction between the space segment (upstream) and ground segment (downstream) in space law, this book deals comprehensively with such issues and topics as the following: - the main hazards relating to space activities; - the impact of new space technologies on the level of risk and insurance; - the differing types of risks attributable to various entities in the context of insurable interest; - aspects of the space risk allocation regimes and risk assessment; - the impact of the five ‘space treaties’ – the Outer Space Treaty, the Liability Convention, the Rescue Agreement, the Registration Convention and the Moon Agreement – on the subject and scope of insurance coverage; - the advent of suborbital flight, commercial human space flight and space tourism in the context of emerging insurance risks; - the problem of space debris; - contractual aspects of space activities affecting the space insurance risks; - basic notions such as ‘outer space’, ‘space object’ in the context of space activities and related insurance coverage; - basic insurance principles and their operation in the space insurance; and - the adjustment of losses and the settlement of disputes in space insurance. The author emphasises the need to understand the various insurance risks facing particular types of commercial space activities, including pre-launch, launch, transportation, spaceflight, satellite communications, satellite navigation, satellite remote sensing and space station operation. Satellites are increasingly a vital part of many daily activities of contemporary society and the Earth’s orbit is becoming ever more crowded, heightening the risks of collision, damage and claims. This thoroughly researched book will therefore be extremely useful to lawyers, policymakers and academics tasked with defining the scope of insurance coverage that accurately mirrors technological, contractual and legal reality. Its practical aspect will be of extraordinary value to insurance lawyers, underwriters and brokers.
Space Law
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Author : Francis Lyall
language : en
Publisher: Routledge
Release Date : 2016-04-01
Space Law written by Francis Lyall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.
The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.
Regulating A Revolution
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Author : Neta Palkovitz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-22
Regulating A Revolution written by Neta Palkovitz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-22 with Law categories.
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.
Allocating International Responsibility Between Member States And International Organisations
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Author : Nikolaos Voulgaris
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-16
Allocating International Responsibility Between Member States And International Organisations written by Nikolaos Voulgaris and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.
The Origin Of Injustice In Air And Space Law
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Author : Joon Sik Jung
language : en
Publisher: Mindthegap Publishing
Release Date : 2015-02-02
The Origin Of Injustice In Air And Space Law written by Joon Sik Jung and has been published by Mindthegap Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-02 with Law categories.
The most important resources in civil aviation and commercial use of the outer space are legal rights to occupy certain space in airports and geostationary orbits respectively. This book clarifies the nature of the rights called "slots" in both arena. It then reviews both the domestic and international slot distribution mechanisms and Common Law principles therein.
Commercial Uses Of Space And Space Tourism
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Author : Jan Wouters
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-12-29
Commercial Uses Of Space And Space Tourism written by Jan Wouters and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with Law categories.
Commercial Uses of Space and Space Tourism combines the perspectives of academics, policy makers and major industry players around three central themes connected to commercial spacefaring: the international legal challenges posed by the dramatic changes to the spacefaring landscape through privatisation and commercialisation; the corresponding legal and regulatory responses to these challenges at the national level; and related topical questions of global space governance.
Disaster Management And International Space Law
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Author : Diego Zannoni
language : en
Publisher: BRILL
Release Date : 2019-06-07
Disaster Management And International Space Law written by Diego Zannoni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
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.
Space Tourism
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Author : Sandeepa Bhat B.
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-16
Space Tourism written by Sandeepa Bhat B. and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-16 with Law categories.
Space tourism has become extremely significant in recent times, especially in pursuance of the new space race among corporate giants such as Virgin Galactic, Blue Origin and SpaceX. Each of these corporate giants has already booked thousands of space enthusiasts for a journey to outer space. Given this wide interest of private space players, space tourists as well as countries in space tourism, it is imperative to understand the legal issues involved in space tourism. This book presents important discussions in the domain of space tourism and its legal implications across the globe. It attempts to find solutions to various challenges like safety and security in space, status of space tourists during emergencies, liability aspects, environmental protection, etc., faced during the recent spurt of space tourism. It also discusses the role of insurance in space tourism, various crimes possible in outer space with the rise of space tourism, the mechanisms for adjudication of such crimes, the aspect of quarantining space tourists, the need to preserve the natural and cultural heritage of space and other topics, besides examining the contemporary legal and policy-oriented issues of privatisation of space. A must read for scholars and researchers of law, space science, history and other fields who are interested in the space race and outer space law, this book will also be of interest to those exploring space studies, political studies, environmental studies and political economy. It will be useful for policymakers, bureaucrats, think tanks as well as interested general readers looking for fresh perspectives on the future of space