Outer Space Activities Research Articles

Legal Implications of Artificial Intelligence in Outer Space Activities and Explorations

Legal Implications of Artificial Intelligence in Outer Space Activities and Explorations

The implementation of state's rights and obligations in outer space: is it equal?

The provisions of Outer Space Law govern a state's activities in outer space. The implementation of such activities needs advanced technology, which limits the ability of many countries to explore and exploit outer space. Data indicates that developed nations dominate outer space management, leaving countries without access to sophisticated technology unable to participate fully in space exploration and exploitation. This dominance triggers disparity between developed and developing countries, leading to unequal application of rights and obligations as outlined in Outer Space Law. While the law promotes international collaboration to address this issue, it does not explicitly require developed countries to involve developing nations in outer space activities. This study aims to refine the concept of international collaboration to ensure fair management and exploitation of outer space by all countries. This study is normative in nature, focusing on evolving the concept of international collaboration in outer space. Primary and secondary legal materials and non-legal sources were used as secondary data collected through a literature review and analysed qualitatively. The developed concept emphasises international cooperation and mutual assistance, proposing a framework for collaboration between developed and developing countries. This concept seeks to ensure equitable management of outer space. It reshapes the rights and obligations of states by encouraging all launching states to involve developing countries in space exploration and exploitation.

Space Security and the Law of International Space Cooperation: The Need for Leadership and Coordination

In recent times space exploration and technological advancements hold prominent importance, the merger of space security and international collaboration must be paid attention too. Whereby, during the recent advancements in space technologies which include the proliferation of satellite and emergence of various space programs, the non-commercial and sustainable utilization of space must be taken care of. This paper explores and access the methodologies adopted and put into motion by nation having a well-established space program to address the difficulties faced while maintaining the space security along with ongoing space explorations. This research study will also pay emphasis towards analysing the already existing legal framework which directly governs various outer space activities, international organizations, role of governments and private industry players towards shaping of governance in outer space. In order to build trust and furthering the shared objectives in outer space and resolution of disputes among nation states, emphasis on how significant and valued international cooperation and diplomacy can prove to be. The various risks factors such as deliberate actions which are testing of anti-satellite weapons and dispersion of space debris in high volumes that the assets in space encounter are explored in this research. This study also discusses about case studies that have impacted the outer space and space explorations and other space missions positively as well as negatively in past instances. This study concludes the necessity of proactive leadership and teamwork in addressing the issue of space security and the legislation of international space cooperation. Roles of significant stakeholders, implementation of future course of actions with necessary changes to guide and provide policymakers in understanding the complexity of space reforms for peaceful utilization of outer space for both current and future human race.

Penanganan Sampah Satelit Ruang Angkasa Pada Low Earth Orbit Berdasarkan Hukum Internasional

Increased space activity in recent decades has resulted in an increase in the amount of space junk, often referred to as orbital debris. One of the most affected regions is Low Earth Orbit (LEO), where most satellites operate. Satellite debris in Earth orbit, particularly in Low Earth Orbit (LEO), has become an increasingly pressing problem. Its presence can endanger other satellites, space missions and even human life on Earth. The 1967 Space Treaty, as an international agreement governing activities in outer space, has an important role to play in addressing satellite debris. This study analyzes the obligations and responsibilities of states parties in mitigating and addressing the space debris problem in accordance with the basic principles outlined in the Space Treaty. Furthermore, it evaluates the effectiveness of the 1967 Space Treaty in addressing the satellite debris problem. It is recognized that the 1967 Space Treaty has laid an important legal foundation, but a more stringent and comprehensive legal instrument is needed to effectively address this issue. This journal is expected to contribute to the understanding of the international legal framework in handling satellite debris, and encourage the development of stronger legal instruments to preserve the space environment.

The organizational ecology of the global space industry

The global space industry is booming. While governmental agencies used to dominate outer space activities, private space organizations (PSOs) now launch rockets, operate strategic satellites, and even take tourists on space expeditions. How can we explain this emergence of PSOs? Building on organizational ecology theory and drawing on a novel dataset of 1751 space organizations and 52 semi-structured interviews, this paper finds that mutualistic relations between governmental space agencies and PSOs have been instrumental in the rise of PSOs. This emphasis on mutualism challenges the prevailing belief that a few visionary private entrepreneurs create the space industry from the ground up. It also refutes the notion that PSOs simply out-compete a stagnant public sector. PSOs have not superseded governmental space agencies; they are nurtured by and developed with them. This paper is one of the first to explain how private actors can emerge in a field historically dominated by governmental actors. In so doing, it contributes to studies on public-private interactions by showing how mutualism can structure a nascent industry. It also opens up new avenues for research on the political economy of outer space by making available a rich dataset of space actors.

Reconsidering the Overlooked Threat of North Korea's Outer Space Activities: Focusing on the Menace of Militarization and Weaponization of Outer Space

What security implications do North Korea's purported peaceful space activities have? North Korea's recent launch of a reconnaissance satellite not only raises concerns about its nuclear weapons program but also has broader implications for international security. The nuclear threat posed by North Korea is certainly growing. However, there seems to be an overlooked security threat in North Korea's space initiative: the threat of militarization and weaponization of outer space. Therefore, the security policy toward North Korea must be changed comprehensively to address the militarization and weaponization of space, as North Korea's threats can be transformed by the use of space. North Korea's destructive weapons and strategies, such as EMP attacks and space hybrid operations, are not prohibited, even when they appear to be aligned with the outer space legal regime. Hence, rather than concentrating only on nuclear weapons, this study proposes that a fundamental shift in policy is required.

Integrating outer space as a global commons with private property rights to outer space resources

Inspired by the US government’s denial that outer space is a global commons, and the heated discussion in China regarding property rights in outer space resources, this article looks at this controversial term: “global commons”. It finds that this term was mostly adopted as a political, rather than legal, term. As a result of the over-emphasis on the implications of global commons on the property rights to outer space resources, states that plan to develop private space mining may avoid calling outer space a global commons. This article argues that this response may not be necessary. It then examines the real purpose of the global commons discourse by analogizing the tragedy of commons and thus puts forward the suggestion to adopt the non-exclusive use standard to govern the activities of space resource extraction by private parties. This solution will allow countries to continue to view outer space as a global commons while liberalizing private parties’ activities in outer space resource development and extraction. Moreover, China’s initiative of the global community of shared future possesses the potential to serve as the overarching concept to govern its future outer space activities, including space mining.

Historical and legal aspect of establishment and activities of Ad Hoc PAROS (Prevention of an Arms Race in Outer Space) Committee

The article examines the historical and legal aspects of the establishment and activities of the Ad Hoc PAROS (Prevention of an Arms Race in Outer Space) Committee, which operated from 1985 to 1994 as a subsidiary body of the Conference on Disarmament. The historical prerequisites for the creation of the Ad Hoc PAROS Committee and the resolution of the UN General Assembly together with the working documents of the Conference on Disarmament related to the activities of the Committee and the areas of its work were analyzed. Key functions of the Committee included processing proposals of regional groups, holding meetings, involving experts, and developing documentation on issues related to the prevention of an arms race in outer space. Emphasis was placed on the active involvement of delegations in the development of measures to prevent an arms race in outer space, with the aim of preserving its peaceful use for future generations. It was revealed that at the meetings of the Committee, delegations proposed to strengthen the support and the existing international norms and rules; to develop new international agreements that would regulate problematic issues of outer space activity; to create measures to increase transparency and trust between states, through the creation of monitoring international agencies; to promote cooperation and partnership in outer space exploration.
 The article justifies the importance of the Committee's contribution in providing an opportunity to states, which are seeking to settle the issue of disarmament not only on Earth, but also in outer space, to put forward proposals for strengthening confidence and to resolve the issue of the legal vacuum created by the incomplete regulation of the use of outer space. The opinion was expressed that the Committee had great potential to become a permanent body of the Conference on Disarmament and, despite the lack of a negotiating mandate, received the support of states for updating existing international treaties, creating confidence-building measures. However, subsequent historical events made their adjustments, and the Committee was not renewed.

AKTIVITAS KEMILITERAN DI ANTARIKSA DALAM PERSPEKTIF HUKUM ANGKASA (ANGKATAN BERSENJATA ANTARIKSA AMERIKA)

This research is motivated by the need to examine the legal justification for militarization in space and the process of forming the United States space military force in order to understand the related legal implications, because the legal basis and suitability are still questionable according to the principles of space law. The formulation of the problem of this article is How is the legality and process of forming the United States space military force with a focus on space law considerations related to militarization in space? The type of research used in writing this article is normative law and is analytically descriptive. The data used is secondary data and data collection is done through literature study, then conclusions are drawn through the deductive method. Data analysis is done by qualitative analysis method. The discussion includes the application of military aspects in outer space and the formation of military forces between the torture itself. The conclusion is formation of the United States Space Armed Forces is not prohibited long it is still in accordance with the ESD Charter and aims for world peace. But for military activities in outer space, this is prohibited, because not accordance with principles of space law.

The green path to space sustainability: Twenty years of research

The outer space environment is in a critical circumstance. This can cause severe impact on humanity. The main issue is an increasing space debris population in Earth’s orbit. To ensure the long-term sustainability of outer space activities, the relevant stakeholders need to collaborate with each other to solve challenging issues and find meaningful solutions. This article aims to conduct a bibliometric analysis to provide information and insights to guide the alignment of all stakeholders towards space sustainability in the context of near-Earth outer space. The software VOSviewer is chosen to analyse the selected 205 journal articles from Scopus database during 2003–22. The results show the publication trends, the leading sources of publications and the country collaboration network. The discussion based on the selected articles can inform emerging theories that can underpin the development of the space sustainability concept. In conclusion, this analysis reveals the current scientific research and proposes meaningful theories for further research and recommendations.

Legislative Update: Malaysian Space Board Act 2022: Its Major Legal Frameworks

Malaysian Space Board Act 2022 (Act 834) was gazetted on January 25, 2022. It is a new outer space legislation that was passed by the Malaysian Parliament. This Act is designed to regulate Malaysian outer space activities that are carried out nationally or internationally. This paper discusses the major legal frameworks of the Malaysian Space Board Act 2022. They are the establishment of the Malaysian Space Board, modes of authorisation of space activities, registration of space objects, liability and indemnification, prohibition of activities and offences, event of incident and accident, power of enforcement of public officers, and other relevant legal matters. The methodology used is by analysing the provisions stated in the Malaysian Space Board Act 2022, works of authoritative writers, and United Nations space conventions and treaties. The paper concludes that the Act is a good space legislation, however, certain matters need to be given consideration like the obligation of constant monitoring and supervision of space activities, and the liability insurance clause.

PRIORITIZING HEALTH CONCERNS AND ENVIRONMENTAL PROTECTION EQUALLY IN ADDRESSING SPACE DEBRIS FROM OUTER SPACE THROUGH THE PRINCIPLE OF INTEGRATION OF SUSTAINABLE DEVELOPMENT

The controversy surrounding space debris which have re-entered the earth atmosphere has gained prominence for causing environmental contamination among various subsidiary guidelines which constitute the Guidelines for the Long-term Sustainability of Outer Space Activities. Regretfully, most of the subsidiary guidelines have barely referred to health concerns explicitly. While certain forms of space debris can either cause air, water or ground pollution such as fuel from fuel tanks of rockets and satellites or nuclear-powered reactors, how human health is affected has been downplayed. If sustainable development must be achieved, the inclusion of health concerns from space debris must be emphasized as more non-space-faring states are victims of fallen debris that could harm their population. Therefore, the main objective of this research is to assert that environmental contamination and health concerns arising from the space debris left on earth from the outcome of outer space activities must be given equal emphasis in the furtherance on international health law. This is a qualitative study that utilizes a textual analysis in interpreting provisions and relevant paragraphs of selected outer space agreements and soft law documents to identify wordings such as environmental contamination and pollution, health and public health to judge if these documents have adequately addressed the two components of sustainable development. Secondary resources were also consulted. The results of the study show that outer space law has made some strides by embracing sustainable development with an emphasis on environmental contamination and protection from space debris through non-binding soft law documents to complement outer space treaties but neglecting health concerns. The implication is the need to develop international health law by the World Health Organization (WHO) concerning outer space to address toxic fuels besides the hazards posed by nuclear reactors powering some satellites since scant attention has been given to these matters.

The Final Frontier: responsibility of international organizations for outer space activities

The responsibility of international organizations for internationally wrongful acts is by no means a field of international law that is ruled by consensus even on the level of the most basic norms of responsibility. This confusion is even more prevalent when an international organization acts in outer space. International law applicable for outer space activity is sometimes regarded as lexspecialis to general norms of responsibility without much further considerations. The aim of this contribution is to examine whether this statement has merit, in light of the Outer Space Treaty and the Liability Convention and the Articles of the Responsibility of International Organizations drafted by the International Law Commission. Based on a theoretical analysis––due to the lack of practice––, it can be concluded, that the joint and several responsibility regime created by the Outer Space Treaty, and the liability and––at the same time––international responsibility system of the Liability Convention are indeed lex specialis and this responsibility is by default shared in nature. This conclusion is valid only for damage caused by illegal space activity by space objects on the surface of the Earth and to aircraft in flight.

Development of cooperation in the space industry: from 1959 to 1962

The article reveals the main aspects of the or­ganization of cooperation in space activities at the initial stage of its development when the fiercest space race between the Union of Soviet Socialist Republics and the United States of America was taking place. The main goals of the international community concerning joint research and develop­ment of outer space and celestial bodies, as well as the circumstances that influenced the formation of such cooperation at this stage, are explained and analyzed.
 In addition, the article is also concerned with the issue of the international bodies establishment related to the organization and control of joint space activity, the issue of the organization of in­terstate cooperation in outer space in the direction of creating communication accessible to the pop­ulation of the entire planet with the help of satel­lites, the issue of legal regulation of joint activity in outer space and on celestial bodies, as well as the issue of creating an international network of space­ports for launching sounding rockets by all interest­ed participants in space activities (in particular, to make it possible for non-state organizations to take part in space activities).
 Considering the modern competition among states in the struggle for dominance in outer space and on celestial bodies and the dangers that such a competition brings, the study returns to the origins of space activity to identify and analyze the factors that influenced the formation of international cooperation in space (both negatively and positively).
 The main focus is on international documents adopted by the United Nations General Assembly between 1959 and 1962.
 Specifically, the results of the study of the three main Resolutions adopted by the General Assembly of the United Nations in this period regarding international cooperation in the use of outer space for peaceful purposes are presented.

Private international law in the context of space law

This article explores the intersection of private international law and space law, shedding light on the legal frameworks and considerations that govern activities in outer space. The primary focus of the article appears to be on the evolving legal landscape as it pertains to private entities and their involvement in space-related activities.
 Key Points:
 Space Law Context: the article delves into the broader context of space law, outlining the various international agreements and treaties governing outer space activities. This context is crucial to understanding the legal framework within which private international law operates in the realm of space.
 Private Entities in Space: given the mention of "Private International Law,” the article discusses the participation of private entities, such as commercial space companies and satellite operators, in activities related to space exploration, satellite communications, and space resource utilization. This touches upon the legal rights and obligations of private actors in space.
 Jurisdiction and Dispute Resolution: the article explores how private international law concepts, such as jurisdiction and dispute resolution mechanisms, apply to space-related disputes. This includes discussions on which legal jurisdictions govern disputes involving space activities and how international treaties address jurisdictional issues.
 Liability and Responsibility: space activities inherently involve risks, and the article touches the legal frameworks for liability and responsibility in cases of accidents or damage caused by space objects, especially when private entities are involved.
 Evolving Legal Landscape: the dynamic nature of space law, with new technologies and actors continually emerging, can be a central theme. The article discusses recent developments, challenges, and adaptations in space law to accommodate private sector interests and innovations.
 Future Implications: the article speculates on the future direction of private international law in the context of space activities. This encompasses considerations of how space law may need to adapt further as commercial ventures expand into the cosmos.
 Global Collaboration: given the international nature of space activities, discussions on the importance of global collaboration and cooperation in addressing legal issues related to space.
 Overall, this article provides valuable insights into the evolving legal landscape at the intersection of private international law and space law, offering readers a deeper understanding of the legal complexities surrounding space activities conducted by private entities.

Framing The Responsibility of Public-Private Partnerships (PPPs) on Space Technology in International Law

Public-Private Partnerships (PPPs) have gained popularity as a way to use resources and expertise from the private sector to support governmental space activities. In the event of a space-related incident, the division of duties and liabilities between public and private partners may be complicated. Clarifying the division of duties and liabilities between public and private actors is necessary given the rising participation of private companies in space activities.. With the growing involvement of private entities in space activities, there is a need to clarify the allocation of responsibilities and liabilities between public and private actors. Who is held responsible when a private company causes a technological disaster strike? On what basis can the responsibility be made, understood from international law? The research is normative legal research, where the data is collected through a statutory and case approach. The study results show that Public-private partnerships (PPPs) in outer space activities raise complex questions regarding responsibility. Responsibility refers to the Liability Convention on the Outer Space Treaty. The treaty emphasizes that states bear international responsibility for their national activities in outer space, including those conducted by private entities under their jurisdiction. However, the treaty does not explicitly address the specific responsibilities of private actors. Private companies only bear indirect international responsibility. PPPs need to consider the notion of shared responsibility, which acknowledges the contributions of both public and private actors and emphasizes cooperation and transparency

Competitive observance by the Russian Federation and the USA of the 1967 Outer Space Treaty

Introduction. Thе Russian Federation and the USA, being parties to the 1967 Outer Space Treaty, in their national legal acts refer to this source. Each of these states recognizes that the 1967 Outer Space regime is to be perfected, while having different legal outer space policy. The USA is a leader of the military outer space infrastructure and of creation national outer space legislation and separate international agreements (“The Artemis Accords”), thus imposing its own track to develop the 1967 Treaty.Materials and methods. This research addresses relevant international documents on international space law as well as acts of national legislation pertaining to the topic. Research results. In modern political conditions the quality of a state defense and its economic development is linked to the efficiency of the outer space infrastructure, including communication and reconnaissance satellites. While the U.S. intends to achieve military supremacy in the outer space, the 1967 Treaty seems to be a barrier to such intention although the U.S. provides its own interpretation of the Treaty. Another significant area of competition between Russia and USA in the outer space legal policy is the observance of the natural resources treaty provisions. According to the USA, a state is entitled unilaterally exploit the space resources, and its persons are entitled to commercial use of such resources based on national law. This position of the United States resulted in creation of its national legislation opportunities for natural resources activities in outer space. The Russian Federation continues to defend multilateral approach to the exploitation of space resources and to call upon strictly observance of the 1967 Outer Space Treaty. There are also competitive legal positions of the USA and Russia relating to the notion of “common province of mankind” provided by the 1967 Treaty.The main results. In this context, the paper after providing prolegomena to the competitive principle in international law, suggests some theoretical ideas for perfecting of the legal position of the Russian Federation as a response to the modern outer space legal policy of the USA.Discussion and conclusions. In the legal literature on this issue different views are assessed – from a radical rejection of the US model of behavior and continuation of efforts to strengthen the 1967 Treaty regime, to proposals to adopt a new national Russian legislation providing rights of persons to exploit the natural resources of celestial bodies, thus provid-ing incentives for private investors. This track leads to more competition with the USA, observing at the same time the 1967 Treaty as the “corpus juris specialis”.

PROTECTION OF THE SPACE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT AS A PARADIGM FOR THE DEVELOPMENT OF SPACE LEGISLATION

Managing human activity in outer space requires a mixture of tools, including technology, economics, and law. Though technology and economics are of prime importance, the space sector needs a clear, coherent, and adequately granular regulatory environment that ensures its sustainable development and also serves sustainability on Earth. No doubt the law can be a tool for introducing sustainability into the space sector’s daily life. To serve as such, law should be almost as dynamic and agile as the space activity and space environment. The space law should not only be descriptive, but it should also address new concepts such as in-orbit servicing, asteroid mining, etc. By doing so, it should also embrace the technical aspects of space activities even if they are not mandatory by international law. The lawmakers, especially national legislators, must also not be afraid to tackle new areas. The primary duty of national governments is to enhance safety and minimize risk in all, traditional and emerging space ventures, both in material and financial contexts that do not only directly affect their citizens and their assets, but also the environment, which obviously serve the entire society in an inclusive way and on a long-term basis. The purpose of this paper is to provide a voice in the discussion on the concept of sustainable development of space activities and suitability of the existing space regulatory framework. In order to draw some conclusions, it seems necessary to analyse the notion of sustainability against the existing legal framework, so as to state whether it is still up to date in this respect and whether it may contribute to materializing the sustainable development of the space sector. In particular, it is interesting to consider whether the liability regime, including the notion of damage and prerequisites of claims for compensation as adopted in the Liability Convention may still serve its purpose and answer the needs of the shift in the priorities of space exploration. Finally, I intend to consider the possibility of drawing on principles from other branches of law, including in particular, environmental law and insurance law and practice, in order to build legal mechanisms to implement the demands of sustainable development of space. Thus, among other issues, the topic of space environmentalism as well as the coherence of space and earth sustainability instruments will be analysed.

THE CONCEPT OF LONG – TERM SUSTAINABILITY OF OUTER SPACE ACTIVITIES AND THE INTERNATIONAL RESPONSIBILITY OF STATES FOR SPACE ACTIVITIES

The concept of long-term sustainability of outer space activities is based on rational assumptions regarding outer space as a limited resource, which will inevitably shrink in the long term if States do not take appropriate preventive measures. The arguments for this are all the stronger as it concerns a real threat to the safety of space operations, and what is more, to their continuation in the future. The legal status of outer space determines the responsibility of States for the activities of both governmental and non-governmental entities. The UN COPUOS Guidelines for the Long-term Sustainability of Outer Space Activities strongly remind of this. This is an important element of this document, which should be considered not only in the context of liability for damage caused as a result of space activities, but also in the context of liability for violating the principles adopted in the key treaty of international space law, which is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 27 January 1967. The main purpose of this article is to present the assumptions of the concept and, in their light, to refer to its structural treaty connotations in the field of generally recognized international responsibility of the State for space activities. The study is also intended to show workable solutions adopted in national law that implement the COPUOS Guidelines, as a necessary and inevitable direction of national activity of countries wanting to explore and use outer space safely and responsibly.

Acceding to the Moon Agreement to acquire legal certainty: An optional solution for China in the new era of lunar exploration and exploitation

Lunar exploration and exploitation have thrived in recent years due to advancements in space technology and the increasing demand for better utilization of the moon. These activities fall within the realm of outer space activities, mainly governed by international space treaties. However, lunar exploration, especially resource exploitation, is challenging to conduct at the moment under a definitive and generally acknowledged space treaty. The Moon Agreement, as the specific international space treaty addressing these activities, is not currently functioning well. Inspired by the US, several nations opposed to the Moon Agreement have chosen to enact national legislation to address the legal uncertainty. The US has initiated international accords unilaterally in an attempt to establish standards for rules on lunar exploration and exploitation, which has generated significant influence. As one of the major players in this arena, China must face this competitive situation and assume responsibility for establishing a harmonious environment for lunar exploration and exploitation. Instead of emulating the US approach and getting entangled in the competition of rule-making, China should consider accession to the Moon Agreement as a means to attain legal certainty, not only for its own requirements but also to contribute to the realization of international cooperation through space treaties adopted by the United Nations to the fullest extent.