Commercial Space Activities Research Articles

Key issues of modernization of space governance

Space is the fourth domain of human activities after land, sea and air. After 60 years of development, the number of China’s in-orbit spacecraft has ranked the second in the world. The scope of space activities is extending from near-Earth space to the moon, asteroids, Mars and other deep space objects. Commercial space industry grows vigorously. The governance of space activities is the management and regulation of various activities of entering, exploring, developing and utilizing space, including organization management, laws and regulations, international governance, technical support, etc. The governance modernization of space activities is the strategic pivot in modernization of national governance. It serves as means for nations that participate in global governance, and is also the prerequisite for becoming one of the leading nations in space domain. The governance system of space activities incorporates four aspects: Regime, protocol, global coordination, and technical means. The governance modernization of space activities is to reform the system and mechanism barriers, laws and regulations, and technical thresholds that are not suitable for present development, and to expedite its systematization, regularization, legalization, scientization. In this paper, the newest situation in the current space governance is analyzed from four perspectives, including the increasingly severe space security situation, the fierce competition for space resources, the increasing competition for international space dominance, and the necessity to improve the technical capabilities of space governance. On this basis, the development status of space governance in China is presented from four aspects, including the organization and management, laws and regulations, international cooperation, and pertinent technologies. Subsequently the three issues of space activities governance capabilities and modernization requirements are analyzed, including insufficient space resource coordination, inadequate space governance capabilities, and weak dominance of international dialogue. In respect of the above aspects, this paper proposes to strengthen the role of space activity governance in the national governance, to establish a mechanism for conducting research on the normalization of space activity governance, to promote the process of legislation related to space governance, to increase policy support and investment in international cooperation, and to carry out a series of measures such as strengthening the guidance and supervision of commercial space activities. In terms of organization and management, it is necessary to focus on the research of organizational optimization, efficient operation mechanisms, and organization and management effectiveness evaluation. In terms of laws and regulations, it is necessary to focus on the framework of the legal and regulatory system, the formulation of key laws and regulations, and the efficient implementation mechanism of laws and regulations. In terms of international cooperation, it is necessary to focus on the research of long-term sustainable international cooperation goals and policies, international rules based on the concept of a community with a shared future for mankind, and major projects to facilitate international cooperation. In terms of technical support systems, it is necessary to focus on space object monitoring, space data application, space spectrum monitoring, space debris mitigation, space facility maintenance, near-Earth object defense and other technical research of space activities in the governance support technology system. The methods mentioned above will accelerate the modernization of China’s governance system and capability of space activities and lay a solid foundation for becoming a space power.

Good Fences Make Good (Space) Neighbours

Humanity has reached a critical point in its history. Technological advancements herald a great renaissance for humanity’s reach to the stars. States and private companies plan commercial and other activities in space and upon celestial bodies, demonstrating that humankind can become an inter-planetary species. Such planning occurs in accordance with the prevailing space law regime and, notwithstanding the undeniable ambition of the planners, it is evident this space law regime does have gaps and ambiguities that must be addressed before these endeavours can be meaningfully fulfilled. This article examines the legal regime encapsulated by the 1967 Outer Space Treaty (‘OST’) (ratified by all major space-faring nations) and explores ways in which specific OST provisions can give rise to temporary proprietary and jurisdictional rights, which can be used to avoid future conflict in space. The authors contend that these provisions provide rights of control to States so as to manage ‘facilities’, to exercise jurisdiction and to observe rights of ‘due regard’ that in turn establish basic legal boundaries. Such boundaries, it is argued, permit confidence and certainty in the conduct of commercial and other activities upon celestial bodies, enabling competing States and companies to delimit areas in which they conduct their operations. Additionally, the article examines the capacity of military forces to operate on these celestial bodies so as to undertake a peacekeeping type role consistently with the provisions of the OST. Such a function is argued to be necessary, given the unique attribution mechanism of the OST that can give public legal significance to the acts of private companies. It is an underlying theme of this article that respecting legal boundaries on the Moon and other celestial bodies while engaging in commercial activity can create good neighbours which in turn can underpin a peaceful, stable and cooperative space environment.

TECHNOLOGICAL INNOVATIONS AND OPPORTUNITIES FOR ENTREPRENEURSHIP DEVELOPMENT IN GEORGIA

Given the modern global conjuncture, technological innovation and creative thinking play a major role in the process of implementing entrepreneurial activities. The rapid development of digital technologies and the emergence of diverse digital platforms have given impetus to the transformation of entrepreneurial behavior and the conduct of entrepreneurial activities from the real - to the virtual environment. In the modern digital world, there is no alternative to technological entrepreneurship. 5G network, blockchain, 3D printing and other technological innovations make business processes faster, more reliable and flexible. The generation and implementation of continuous innovative ideas in technology has led to the emergence and development of information technology, digital technology, digital platforms, on which the modern form of entrepreneurship - digital entrepreneurship is based. One of the obstacles to the development of digital entrepreneurship in Georgia is the lack of proper access to digital technologies. At the same time, the population of Georgia has not yet developed the digital culture and skills that ensure the implementation of commercial activities in the virtual space. According to the National Statistics Office of Georgia in July 2019 in the country: 70.6% of households actively used the Internet, only 20.8% of them purchased goods and/or services through digital channels. In 2018, only 3.2% of enterprises received an order through the website. These data indicate the low level of Internet use by the public and, consequently, enterprises for commercial purposes. This untapped segment, at the same time, creates a solid potential for further development of digital entrepreneurship. Especially today, when physical mobility is restricted due to the worldwide pandemic COVID-19. Innovations and technologies are the main driving forces of modern entrepreneurship. Therefore, the emphasis of the Government of Georgia in this direction and the launch of appropriate economic policy instruments should positively support the transformation of the entrepreneurial environment and entrepreneurial behavior in the country. Given the current situation in Georgia, in order to identify and develop digital entrepreneurial opportunities, it would be appropriate to take the following measures: First, the state must ensure that more people have access to the Internet and digital technologies; Second, increase the scale of financial support programs for innovative and digital entrepreneurial initiatives, also, to help startups attract funding sources, to consult on opportunities to attract venture investments, to make it possible to implement a more technologically innovative idea; Third, primacy should be given to Georgian universities in the fields of entrepreneurship, innovation and technology, computer science; Fourth, the network of innovation centers should be expanded and similar educational spaces should be created to ensure the development of technical and entrepreneurial skills of the population (especially the rural population) in the field of innovation and technology.

Air and Space Law: A Study of Future Commercial Activities in Space

The start of the space race between the two cold war rivals United states and the Soviet Union in the 20th Century added a new dimension to both law as well as science. The frontier of space research and discoveries intertwined the connection between law and science. However, just like science being an important aspect of human evolution so is the regulation of such activities through the hands of law, as one can use and abuse these aspects. One key notion of space exploration and how far we have come since we first landed on the moon brings forth the question of commercialization of space through private means such as space tourism as it is a big step towards fulfillment of human dreams to be independent from our home planet. There are several aspects which need to be brought in light in terms of legal issues that seek solution in relation to regulation of commercial activities in space. The legal issues pertain to the regulation of aerospace vehicles used by private or public entities for commercial purposes and also require a legal framework for entrepreneurs and private organization in order to promote and develop such a sector of commercial activity. It needs to be analyzed in order to see the effect of existing laws as well as provide a base for other interested entities to enter such a domain. There is another legal aspect which needs to be taken a closer look at and that is of liability aspect commercial activities in space. The current study analyzes the legal aspect of commercial space activities and the basis of liability issues involved in conducting these activities such as space tourism.

The current framework of Space Law approach to commercial space activities: prescriptive or restrictive

با درج مقرراتی در اسناد حقوق فضا، دریچه‌ای برای فعالیت‌های فضاییِ تجاری مفتوح گردید. از عصر معاهدات فضا، همواره استفاده‌های تجاری از فضا بواسطه تزاید بازیگران و توسعه‌ی فناوری‌های نوینِ فضاپایه سرعت بیشتری گرفته‌اند. هر چند چارچوب کنونی در همگامی با مسائل حقوقی ناشی از این فرایند سریع و مستمر تکافو نمی‌کند، لکن مقررات همین اسناد تاکنون مبنای عمل دولت‌ها و نهادهای غیردولتی در انجام فعالیت‌های فضاییِ تجاری بوده است. این نوشتار با مفروض گرفتن نیاز به توسعه‌ی بیشتر حقوق فضا با لحاظ بُعد تجاری آن، لکن در نظر دارد از ظرفیت‌های چارچوب موجود، امکان یا امتناع فعالیت‌های تجاری را مورد بررسی قرار دهد و اینکه چه اندازه توسعه‌ی حقوق نرم از طریق همکاری‌های بین‌المللی و توسعه‌ی قوانین فضاییِ ملّی به هنجارگرایی نسبی فضا و پر کردن کاستی‌های نظام معاهده‌ای کمک کرده است. بررسی اولیه حاکی از تجویز این فعالیت‌ها علی‌رغم توقف هنجارسازیِ قراردادی و وجود محدودیت‌های منبعث از اصولی همچون منع تصاحب، میراث مشترک بشریت و تسهیم عادلانه است.

Emergence of a Commercial Space Nuclear Enterprise

Since the 1950s, the U.S. government has developed and launched a number of space-based nuclear systems based on both decay of radioisotopes and fission. While private entities have supported the development and launch of nuclear payloads as contractors, the federal government funded and drove the development and operation of such systems. In recent years, the private sector has developed interest in leading the development, launch, and use of nuclear technologies for space applications. This growth mirrors similar trends toward commercialization in the space sector as a whole. This paper investigates that private sector interest in space nuclear systems based on interviews with over a dozen companies in the space and nuclear industries. It presents a definition of commercial space activities, develops a model for the commercial use of space nuclear systems, and explores the status of commercial space nuclear activities in the United States. Our research finds that private sector capabilities in developing, testing, and operating space nuclear systems are growing but require the development of advanced nuclear technology, growth and diversification of the space economy, and government regulatory action.

Understanding International Space Law and the Liability Mechanism for Commercial Outer Space Activities—Unravelling the Sources

The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.

Do National Space Laws Look Beyond Liability For Damage? - The Case Of India

This paper seeks to critically analyze and review the draft Space Activities Bill, 2017 (“Space Activities Bill”) that was issued by the Government of India on 21 November 2017 for comments. The critique provided in this paper is especially from international law perspective. As the Space Activities Bill provides, its aim is to encourage enhanced participation of non-governmental/ private sector agencies in space activities in India, in compliance with international treaty obligations. Yet a closer look at the said Bill reveals that it essentially only provides for the following: (a) authorisation and license for commercial space activities and prohibition of unauthorised space activity; (b) liability and indemnification to Central Government for damage arising out of commercial space activities; and (c) registration of space objects. Thus, the Space Activities Bill is immoderately focused on liability for damage due to private space activities.While focusing on authorization and liability, other important aspects that may incur international responsibility have been ignored; for example, the definitions under the Space Activities often do not clarify the legal position well. India being a space player for decades and party to most space treaties, the Space Activities Bill should provide a mechanism and procedure for implementing the international obligations undertaken by India under these treaties, such as, carrying out space activities out for the benefit of all; non-appropriation of outer space; and space-sustainability. However, the said Bill, which aims to act as an umbrella space legislation, does not include several such international obligations. Thus the paper argues that while liability and registration are important aspects of space law, there are other important aspects, which should not be ignored while enacting a national space legislation.

Research Viewpoint: Rapid Growth of the Chinese Commercial Space Sector

ABSTRACTThere is a natural process that major technological activities are in a first stage supported by governments and later evolve into commercial and private activities. Space activities are a present example of this and this process is now also taking place in China. One of the prerequisites to commercial activities is flexibility in regulations, particularly export controls and technology transfer. The Chinese government is accelerating the adaption of regulations to facilitate the growth of the Chinese commercial space sector. An overview of this process, including the status and listing of the present regulations, is given in this paper. The success of this process is demonstrated by recent commercial space activities in China illustrating that there is a trend towards promoting such activities supported by the government. This paper conducts research and discussion on the Chinese space sector and its international cooperation in the field of legal implications, governance, and cooperation. It provides an understanding of evolving Chinese space regulations and the growth of present Chinese commercial space activities.

Arbitration in space disputes

Abstract Some 40 years ago, the advent of commercial space activities was expected to usher in an era of disputes between the various actors in outer space. However, these space disputes and potential arbitrations between private or public entities never seemed to materialize. Even until recently it was suggested that disputes in outer space are an emerging issue which needs to be addressed in the future. The author takes the opposite position, arguing that arbitration in space disputes is an active field in commercial and investment arbitration, and discussing the most notable cases and their particularities.

Earth, Solar and Lunar Lagrangian Point Management in the Mitigation of Anti-Competitive Conduct and Management of Natural Monopolies in Commercial and Military Space Activities

Earth, Solar and Lunar Lagrangian Point Management in the Mitigation of Anti-Competitive Conduct and Management of Natural Monopolies in Commercial and Military Space Activities

Up, up and Away: An Update on the UK’s Latest Plans for Space Activities*

The ever-increasing number of private actors operating in the space industry is giving rise to the concern for adequate domestic legal frameworks to regulate commercial space activities, and the UK is no exception. This article provides a comprehensive review and outline of the UK’s most recently enacted national space law, namely the Space Industry Act 2018. The article identifies and discusses the component elements of the 2018 Act, such as licensing, regulatory requirements, and liability and indemnity implications. Many of these are common to other national space legislation and other national space legislation is therefore considered briefly for comparative purposes. The article critically analyses the 2018 Act from the perspective of whether it aligns with the UK government’s stated aim to foster the development of private space activities from the UK, and whether the correct balance has been struck between ensuring regulatory requirements yet encouraging commercial ventures. The article also seeks to address, as far as possible – given the absence of formal arrangements at the time of writing – some of the issues posed by Brexit in this sector and how the UK is attempting to ‘future proof’ against these.

URGENSI PENATAAN HUKUM KERUANGANGKASAAN DALAM KERANGKA KEPENTINGAN NASIONAL NEGARA BERKEMBANG

The presence of the space industry which sends to be dominated by private companies in developed countries has encouraged the need for developing country national legal framework thar are accomodative to regulate commercial space activities. On the other hand there are developing countries that have space activities and have national legal instruments, on the other there are developing countries that have just started space activities but do not have national legal instrument. Therefore, the arrangement of international and national legal instrument that regulate the interest of developing countries is urgent. In addition, this study show that existing legal transformation is not successful considering the transformation is not less attention to the full interest of the parties concerned.

Investment Protection of Commercial Activities in Space: Treaties, Contracts, Licenses, Insurance, Arbitration

Abstract The article focuses on the protection of foreign investment against political risk in the host state regarding commercial activities in outer space, an area not subject to national appropriation and sovereignty. The general space treaty and national legal frameworks for such activities fail to address the needs of private space enterprises. Under international investment law, commercial space activities generally meet common subject matter scope definitions of ‘investment’ and ‘investor’ in investment treaties. But foreign acquisitions in the space industry may affect national security interests of the host state and be limited as a sector for foreign investment. Moreover, as investment treaties generally cover an investment only if it is made in the territory of the host state, uncertainties may arise as to whether activities and assets of space enterprises in outer space are covered.

NewSpace: A Wave of Private Investment in Commercial Space Activities and Potential Issues Under International Investment Law

Abstract The space industry is witnessing a commercialization wave which is commonly circumscribed by the term NewSpace. Together with the increasing commercialization, legal issues in the space sector may require rethinking, laws and regulations form other sectors may become relevant, and new laws and regulations need to be developed. Overall, there are significant risks associated with the legal and regulatory framework under which NewSpace companies are operating. Some of these risks could generally be mitigated through the application of investment treaties. In this regard, it is not an obstacle that space activities are taking place beyond the limits of national jurisdiction. Administrative rights, such as a governmental license to undertake commercial space activities, are one of the most eminent and likely area where space companies may present claims against a foreign government. The level of protection in relation to these administrative rights may differ from one investment treaty to another.

The Trump administration and outer space: promoting US leadership or heading towards isolation?

ABSTRACTIn a relatively short period of time, the Trump administration has been fairly active in the field of space. The reconstitution of the National Space Council, under the direction of Vice President Pence, the President’s signing of Space Policy Directive 1, that calls for the return of humans to the Moon, and the announcement of a National Space Strategy that calls for an ‘America first’ approach in space, have been the highlights of this process. A key component of the administration’s approach has been the promotion of commercial (private) space activities through an effort of regulatory reform intended to facilitate free enterprise and individual initiative in space.Overall, it is evident that the Trump administration views a consolidated US leadership in space as instrumental to ‘Make America Great Again’. However, due to the lack of cohesion in the management of the US space program, the controversial interpretation of international principles and the US-centred view of space endorsed by the administration, doubts remain as to whether the space policy of the Trump administration will foster US leadership in space or lead to its progressive isolation.

Billion-dollar questions? Legal aspects of commercial space activities

Billion-dollar questions? Legal aspects of commercial space activities

THE DIRECTION OF SPACE REGULATION IN GLOBAL DYNAMICS

Space regulation initially acts as the orientation for activities in space which primarily concerns with research and development. As space exploration progresses, the regulation took a more practical direction which covers not only civil but also commercial activities. In line with this, development in commercial space activities took place such as telemetrics, remote sensor, space transportation, space industry, space tourism, space insurance, etc. To ensure that the commercialization of space activities is performed in a peaceful and safe manner as well as in ways that benefit all people, regulations in the form of anticipative laws are needed. These measures cover legal issues. Space commercialization is closely related to many aspects of life such as politics, social, economy, and security and defense which have been experiencing rapid development in that the presence of regulation for modern space law regime becomes an absolute necessity.

Legal Challenges Relating to the Commercial Use of Outer Space, with Specific Reference to Space Tourism

Since the launch of the first artificial satellite, Sputnik 1 in 1957, the outer space arena has evolved to include non-state entities, which are becoming serious participants in outer space activities themselves, including venturing into the space tourism market. Although space tourism is still in its infancy, it is estimated that the number of space tourists will substantially increase within the next few years. As space tourist activities increase, accidents will inevitably occur, which will give rise to legal questions relating to the duty of states to rescue space tourists in distress, and the liability for damages. This contribution points out that the current outer space treaty regime, which focuses on the use of outer space by states, is to a large extent outdated and that it cannot adequately deal with the unique legal challenges presented by the rapidly developing space tourism industry. This situation is exacerbated by the fact that the outer space legal framework is very fragmented – consisting of treaties, UN principles and guidelines, regional regulations and intergovernmental agreements, as well as national guidelines and legislation. In order to ensure that space tourism is indeed to the benefit of all mankind, it is imperative that clear international legal rules relating to space tourism be formulated, where standards are set for the authorisation and supervision of commercial space activities and the interests of states, passengers and private actors are balanced as far as possible. In view of the urgent need to address these legal questions and the consequent lack of time to negotiate a binding legal instrument, it is submitted that, as an interim measure, soft law guidelines should be developed in relation to space tourism in order to provide a framework for the eventual creation of a consolidated and binding legal instrument on all aspects relating to the use and exploration of outer space.

Privatizing Space Missions: The Critical Route to Boost Indian Space Economy

Space-based services in India have reached a stage where demand is outpacing supply and is creating a unique opportunity for developing space industry. A major outcome of advances in space, information, and communications technologies, coupled with changes in policy environment in India, immensely favors deregulation of space activities in a strategic manner into a public–private domain; thrusted private sector investments and space assets ownership and operations; space services to burgeoning domestic demand and impacting global businesses; creating high technology manufacturing capability, and competitive alliances and cooperation. Prospects for growth of commercial space activities in India are promising given that there is still high potential for growth in demands for satellite capacity and for new services such as Geographic Information System (GIS) based decision support systems, mobile multimedia, positioning and navigation applications, disaster management support, rural connectivity and national security-related applications. Demand for satellite communications is very high with large downstream services business; constant need for repetitive and high res images from space and other platforms with downstream services potential for National GIS; expanding from a regional to a global positioning system and services and applications; large-scale supply of operational LEO/GEO launch systems capability based on operational Polar Satellite Launch Vehicle (PSLV); catering to global markets of space manufacturing/applications by offering high-quality but cost-effective Indianized solutions are classic cases that can be easily privatized and migrated from present “ISRO regime” to a combinative “ISRO+private sector” capacity for future Indian space success—founding the possibility of Indian private sector space assets ownership and operations. The article creates a case and scenario for a time-bound strategy of “license-buyback” model of thrust for private-sector manufacturing, ownership and operations of Indian space assets—especially communication satellites, EO satellites, PSLV-type launch vehicle, and so on. for space services to meet Indian requirements. This approach will also bring in private sector investment in Indian space releasing financial resources for critical advanced technology development in the public regime of ISRO. The article analyses “sample cases” from an investment scenario assessment, policy dimensions, and risk environment that would be of interest for private-sector development for Indian space.