Outer Space Activities Research Articles

LEGAL EXPERIENCE OF THE UNITED STATES OF AMERICA IN THE ISSUE OF SPACE COMMERCIALIZATION

What is space now? What benefits can it bring to humanity and who is most interested in its development? Today, the history of the development of world cosmonautics shows that States at the dawn of space exploration pursued primarily a scientific and research goal for the implementation of their military and strategic tasks. The main feature of modern space activity is its active commercialization. Currently, commercial activities in outer space involve not only States, State institutions and international governmental organizations, but also private enterprises, as well as non-governmental organizations. Now space is a huge space for profit and its new participant is the private sector. It was private companies that began to invest huge amounts of money in the space sector. Today, the United States of America (USA) is a confident leader in the number of companies involved in space exploration. The comfortable development of the space business in the US is the result of a systematic, purposeful policy of the US in space exploration and profit from the work carried out, as well as the result of the legislative work of the state. Given the above, the practice and experience of the United States in the issue of space commercialization is of not only scientific, but also practical interest. The article is devoted to the international legal experience of the US in the issue of space commercialization. The authors analyze the main regulatory legal documents of the United States adopted since the beginning of space exploration, which contributed to the process of commercialization of space and space technologies, thereby contributing to the development of the state’s economy as a whole. Key words: space, space law, private space, US space.

Editor's Note

Editor's Note

Common but Differentiated Responsibilities for Space Debris Removal

ABSTRACT Expanding the concept of sustainability from Earth to outer space is a recent, yet inevitable development, which originates in the comprehension that the Earth’s orbital space is a finite resource. The growing number of actors and operations in outer space have led to the proliferation of space debris, posing numerous risks to the long-term sustainability of space activities. Against this background, the Guidelines for the Long-term Sustainability of Outer Space Activities adopted by the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) in 2019 call for enhanced international cooperation, effectively addressing such challenges. UNCOPUOS Member States agreed on the fact that international cooperation is required, however, what has not been agreed upon is the nature of such cooperation. The following paper elaborates on the concept of responsibility for space debris removal, looking for analogies in climate change law, namely the principle of Common But Differentiated Responsibilities (CBDR). Reviewing the literature on space debris regulations, this paper proposes a system based on the correlation between space activities of states and the responsibility for space debris removal. Acknowledging the principles of international space law and the Guidelines for the Long-term Sustainability of Outer Space Activities, key obstacles regarding space debris removal and recommendations strengthening international cooperation are discussed.

Private Entities in Outer Space Activities: Liability Regime Reconsidered

This article discusses the current state of the law concerning the liability of private entities for damages caused with respect to space activities. A significant and continuous increase in the involvement of private companies in space activities risks damages being caused to other entities as multilateral treaties of international law, adopted between 1967 and 1979, are outdated and do not correspond well with contemporary reality. They do not comprehensively regulate the responsibility in relations between states and, even more so, with private entities. In general, these treaties regulate damages caused by private entities by giving responsibility to states, which seems unfounded in today's world.States can also conclude bilateral treaties on space projects that involve private entities. Usually, such agreements contain a standard third-party liability clause concerning the Liability Convention or mention of the possibility of commencing consultations on the apportionment of the liability between states as the parties to these treaties. These have no specific norms dedicated to the liability of private launchers toward potential victims of the damage caused by space objects or another harm related to space activities of such companies. Some bilateral treaties on the joint space projects of states also contain cross-waiver liability clauses, which release private companies from liability. Furthermore, there is a tendency in the domestic law of limiting the liability of private entities for space activities (e.g., in the United States, even state regulations require the exclusion of the liability of space launch operators for damages caused to third parties).

Challenges to the Prohibition on Sovereignty in Outer Space - A New Frontier for Space Governance

The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer space arena was largely dominated by the political interests of the two major space powers, the USA and the (then) USSR. Although states have remained the primary actors in regulating the use of outer space, the extent to which private companies would become involved in the exploration and use of space was not envisaged at the time of the conclusion of the space treaties. It is particularly the involvement of private space actors that complicates the traditional understanding of the prohibition on territorial sovereignty in outer space. With specific reference to the outer space boundary, the principle of the common heritage of humankind and property rights in outer space, this contribution aims to highlight some of the challenges to the prohibition of sovereignty in view of current developments in the arena of outer space. This analysis suggests that the blanket prohibition on sovereignty in outer space should be re-evaluated in order to keep up with the fast developing technological advancements in space exploration, and that clear legal rules be developed to provide legal certainty for all role players.

The Sources of International Space Law: Revisited

In order to have a comprehensive understanding of international space law, which is embedded in general international law, it is indispensable to have a clear view of the sources of this legal system. It is a well-established fact that the sources of general international law are widely considered to be articulated under Article 38 of the Statute of the International Court of Justice. These are generally relevant for the regulation of outer space, but other ‘non-traditional’ modes of guidance and/or regulation have also been developed in this area. This article examines the provisions of Article 38 in order to discern those traditional and other sources of international law that are applicable to outer space and outer space activities. For the determination of rules of international space law, particular attention is given to the development of customary international space law, State practice, the role of judicial decisions, the teachings of the “most highly qualified publicists” and, more broadly, to so called “soft law”.

The UN COPUOS Guidelines for the Long-term Sustainability of Outer Space Activities

The United Nations has addressed the concept of sustainable development on Earth in a number of global summits and fora for the past 40 years. Extending the concept of sustainability to outer space is a much more recent development, arising from the realization that the Earth's orbital space environment constitutes a finite resource that is being used by an increasing number of space actors that include States, commercial actors and other non-governmental entities. The proliferation of space debris, the increasing complexity of space operations, the emergence of large constellations of satellites, and the increased risks of collisions and interference with the operation of satellites raise concerns about the safety of space operations and the long-term sustainability (LTS) of space activities. Addressing these developments and risks requires international cooperation. The leading international forum to discuss questions of international cooperation in space activities is the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS). In 2010, the Committee began its consideration of this topic with a view to producing a set of internationally agreed guidelines that States could follow to ensure that their space activities would not cause harm to the space environment or the safety of space operations. Following a broad international process conducted under the aegis of COPUOS, in June 2019 the Committee adopted a set of 21 voluntary, non-binding UN COPUOS Guidelines for the Long-term Sustainability of Outer Space Activities (‘COPUOS LTS Guidelines’). This paper provides a brief overview of the development of these guidelines, summarizes the salient features of the guidelines and discusses the implementation of these guidelines from the perspectives of government, industry and civil society. In adopting this set of LTS Guidelines, COPUOS acknowledged that more work needs to be done on this topic and it agreed to establish a follow-up LTS working group with a five-year mandate to continue the work. The main themes and challenges facing the next phase of the LTS discussions in COPUOS are also discussed.

NUEVAS PROPUESTAS PARA EL DESARROLLO SOSTENIBLE EN EL ESPACIO ULTRATERRESTRE

In the 21st century, the international community faces the challenge of managing activities in outer space for the benefit of humanity so that its use and natural resources can be a shared heritage. Currently in order to evaluate the application of the «Space2030» Agenda the question arises to be able to elaborate a long-term action and reporting the United Nations about the benefits of the space based on closer international cooperation and better governance of activities in outer space and the use of science and law at the service of sustainable development.

The Adaptation of Japanese Economic Statecraft: Trade, Aid, and Technology

AbstractThis article examines how Japan has adapted economic statecraft to serve changing strategic aims through case studies of trade arrangements, official development assistance, and dual-use technology. After World War II, Japan continuously adapted these economic tools to pursue shifting non-economic goals related to international reintegration, comprehensive security, human security, and traditional security. More recently, in response to escalating US–China strategic competition, Japan has employed economic statecraft to simultaneously reduce international instability and to counter China in targeted ways as part of a broader hedging approach. First, Japan has attempted to bolster multilateral trade arrangements amid a volatile policy environment, while also using them to both engage and counter China. Second, Japan has used official development assistance to stabilize and build defense capacity in Asian countries facing pressure from China. Third, Japan has increasingly militarized its dual-use technologies to enhance its ability to respond to Chinese activity in outer space.

The Future of the United Kingdom’s Space Industry in a Post-brexit World: Mitigating the Effects of Brexit on the UK’S Commercial Space Industry

International cooperation exists as the fundamental legal cornerstone of space exploration and has underpinned the United Kingdom’s role in outer space. Instigated by a surge of commercial activity in outer space, mankind is approaching a second space age whilst many of the world’s governments are captivated by increasing levels of nationalism. Focusing on the nationalism of the United Kingdom and corresponding ideology, this article purports that ‘Brexit’ poses a risk to the survival of the United Kingdom’s commercial space industry. As such, this article seeks to consider the ways in which this former great power can hone in on its history of integration and alliance in outer space and thrive in these burgeoning commercial space ventures. European Union, Space Policy, Brexit

Prevention of NEO hazard: the Russian approach

Abstract Russian Academy of Sciences (RAS) is actively working to solve the problem of preventing Near-Earth Object (NEO) hazard. The article provides the goals and objectives of preventing NEO hazard, as well as ways to achieve them. The described ways of achieving the goal are applied in RAS best. The current state and prospects of the Russian contribution to the prevention of NEO hazard are considered. Statistical data on the dynamics of observation of minor planets by Russian telescopes is presented. The structure of the NEO part of hazardous situations classifier developed by Keldysh Institute of Applied Mathematics (KIAM RAS) and structure of perspective National System Security of space activities in outer space are presented, including the system’s response to event classified as dangerous. The article is accompanied by illustrations of potentially hazardous objects in the sky, made by telescopes of the International Network of Optical Telescopes (ISON), coordinated by the KIAM RAS.

Legal support of human life outside the Earth in the conditions of rapid space exploration

The article examines the gaps in the legislation in the field of space relations, analyzes the current international agreements and examines the problems of their practical application. The necessity of legislative regulation of future space colonization, mining, protection of subjects of space relations, and possible consequences of ignoring these issues have been studied. States and multinational companies have their own desire for outer space. Elon Mask hopes to use his "SpaceX" (a private enterprise working in the field of space transport construction) to launch a human colony on the planet Mars. Amazon owner Jeff Bezos, the world's largest circulating company that sells goods and services, also notes the colonization of space. In this regard, it is important to find new possible directions and improve existing ways to address current space and legal issues to ensure the progressive development of international and national space law. The main objectives of space law are to ensure a rational, responsible approach to the study and use of outer space for the benefit and in the interests of all mankind. To this end, space law addresses a wide variety of issues, such as military activities in outer space, conservation of space and the Earth's environment, liability for damage caused by space objects, settlement of disputes, protection of national interests, rescue of astronauts, exchange of information on potential dangers. in outer space, the use of space technology and international cooperation. The main treaties governing space today seem weak. This is due to the non-compliance and relevance of international agreements on space activities to modern scientific development and significant space achievements. Using the gaps in the field of international space law, many leading countries of the world are independently developing areas of legal support for space relations. For example, the staff of the Dubai International Financial Center of the UAE proposes in 2021 to reform the national judicial system and create a "judicial support network" that can handle complex commercial agreements related to space. Such an approach would destroy the established system of international law. In order to maintain peace and security and achieve a high degree of cooperation for the benefit of mankind as a whole, it is necessary to immediately begin work on the UN platforms to prepare and adopt comprehensive international legal acts to regulate human activities in space, taking into account experience in this field.

State regulation of space activity by using Blockchain.

This research is aimed at detecting legal and organizational requirements for the Blockchain application in State regulation of space activity. The most precise attention is focused on considering the compliance with the space authorization requirements, ensuring the registration of space objects and the implementation of foreign trade agreements within the space sector of the economy. The research is based on results of the previous in-depth study conducted by the authors, which was dedicated to the legal nature of the DLT (distributed ledger technologies), and in particular its most popular example Blockchain, the basic elements and models of the technology, the main spheres of its application in the framework of space activity in order to guarantee realization of rights and compliance with obligations of public and private space actors in the process of conducting the outer space activities, as well as legislative innovations to regulate the utilization of the Blockchain in different countries, as well as international standards and practices and promising legal mechanisms. Thus, the authors created logical preconditions to cover in this publication the prospects of state regulation of space activities in Ukraine using the Blockchain technology. The authors consider usage of different types of Blockchain ledgers (public ledger with authorized access and with/without special validator) to implement different tasks in the process of regulating space activities, such as guaranteeing fulfillment of conditions of foreign economic agreements on the basis of smart contracts concluded between business entities and for maintaining the state register of space objects. The research proposes several scenarios that are acceptable both in terms of technical characteristics of Blochchain and legal requirements under which a number of central authorities can exercise their powers to regulate space activities using distributed ledger technologies. In addition, the study demonstrates an effective mechanism for ensuring the allocation of responsibility for the registration of space objects between the owners of the launch vehicle and payload to prevent situations when the spacecraft remains unregistered in orbit as a result of non-compliance with contractual obligations or non-inclusion of certain clauses in such agreements. The model agreements between Ukrainian and foreign space actors are proposed to be implemented by governmental institutions and used as a preventing instrument, according to which a conflict of laws can be solved and the state responsible for registering space objects in the Blockchain Network can be defined.

Per arbitrum ad astra

‘Non est ad astra mollis e terris via’ – there is no easy passage from the Earth to the stars. Along the way, parties engaged in space activities might find themselves entangled in disputes. To facilitate the efficient settlement of such disputes, the Permanent Court of Arbitration has introduced the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities. This article describes the key features of this special set of arbitration rules and how it supplements international space law and space disputes, so that the parties through arbitration can continue their journey to the stars.

Capacity building in regional space cooperation: Asia-pacific space cooperation organization

The increasing gap in the space capabilities of different countries has led to the need for capacity building in modern times. Space capacity building of countries without or with limited space capacity via international cooperation with advanced spacefaring nations is a good practice towards intragenerational equity among all spacefaring countries, and between spacefaring and non-spacefaring countries at the same period of time. A case study is used here to show the current situation of the Asia-Pacific Space Cooperation Organization (APSCO) and its member states that are associated with their space capacity building. The study finds that neither the satellite technology development model developed by Wood and Weigel (2011) nor the model developed by Ercan and Kale (2017) is a good fit for the development of space capability in all of the developing countries. Therefore, using the APSCO member states as a case study may offer guidelines towards the space capacity building of other developing countries. Moreover, an in-depth analysis of the merits and flaws of APSCO’s capacity building programs through comparing them with similar projects carried out by the European Space Agency (ESA), the Asia-Pacific Regional Space Agency Forum (APRSAF) and some other countries is conducive to providing some references for regional cooperation in the field of space capacity building. While international space law and the APSCO Convention can provide the general principles for capacity building activities under the framework of APSCO, they are only relevant to the development of scientific and technological capacities for space and human resources rather than organizational development and legal frameworks. Some international soft laws can likewise provide guidance for the capacity building activities of APSCO and its member states in the areas of international direct television broadcasting, remote sensing and cooperative way. To enhance its and its member states’ space capabilities, APSCO, in the context of space commercialization and maintaining the long-term sustainability of outer space activities (LTSOSA), should establish a comprehensive internal regime that addresses scientific and technological capacity building for space, human resources, organizational development and legal frameworks, a flexible regime for international cooperation with other developed spacefaring nations and international organizations with relevant technical capabilities and an internal research center for space law, and actively expand its membership by embracing other economically or technologically developed spacefaring nations in the Asia-Pacific region.

Space Doctrine and Guidelines for Long-Term Sustainability of Outer Space Activities as Basis for Sustainable Earth Development

Space Doctrine and Guidelines for Long-Term Sustainability of Outer Space Activities as Basis for Sustainable Earth Development

China, Japan, and the Governance of Space: prospects for competition and cooperation

AbstractChina and Japan are among the world’s top space powers, with significant technical competence in both conventional and ‘newspace’ capabilities. Since the early 1990s, each country has also taken a keen interest in shaping the governance of outer space activities. But they have done so in remarkably different ways, calling into question Asian states’ supposed preferences for soft and informal institutions. Japan has led the Asia-Pacific Regional Space Agency Forum, involving both state and nonstate participants, which is guided by a set of principles. China has opted for a high-profile formal intergovernmental design, the Asia-Pacific Space Cooperation Organization, with a Convention and all the trappings of a formal organizational structure. This article assesses the activities of China and Japan in the new space race, discusses how and why the design of their space governance differs, and reflects on prospects for competition and cooperation.

Ruling Outer Space: Defining the Boundary and Determining Jurisdictional Authority

With Outer Space becoming increasingly crowded and more susceptible to conflicts, the need for a comprehensive legal regime to resolve international disputes grows. This Article contributes to this area of law by constructing a decision-tree that can determine which authority should have the jurisdiction to resolve a specific incident based on the case’s particular facts and circumstances. In order to effectuate this model, the Article also proposes setting the Outer Space boundary at 80 kilometres above mean sea level along with the creation of a “Transitionary Outer Space Zone” (“TOS Zone”) between 80 kilometres to 100 kilometres to address concerns against setting a firm demarcation line. In this TOS Zone, all countries shall have the freedom to operate as long as their activities do not unduly burden the country below such zone. Through these solutions, the Article hopes that some of the unknown risks associated with Outer Space activities can be removed — enabling all parties to better understand how disputes might be resolved as they come up.

Legal Support for the Private Sector: An Implementation Agreement for the Moon Treaty

The United Nations’ Committee on the Peaceful Uses of Outer Space (COPUOS), through its consensus process, has accomplished much over the decades, most notably helping to produce the five space treaties and related guiding principles. But it has been unable to produce the international framework of laws that the Moon Treaty calls for to facilitate humanity’s departure from the home planet. This has created a gap in space law that has had a detrimental effect on private activity in outer space. The Moon Treaty, with the proper implementation agreement, now offers the best hope for closing that gap. Such an agreement would need to address many issues, most involving private enterprise and settlements. Although some argue that the Moon Treaty would hinder private space activities, with the proper IA, it would in fact support them. The Space Treaty Project has proposed a ten-paragraph Implementation Agreement that is based on four organizational principles: (1) The Agreement must be comprehensive and support all private activity; (2) The Grand Bargain: Trade private property rights for public policy obligations; (3) Defer issues currently at impasse (e.g., monetary sharing of benefits) by creating a governance process for making future decisions; (4) Build upon and integrate current institutions and processes. Why is this proposal necessary? As of January 2020, there is no internationally recognized mechanism for granting property rights to anyone for any location or natural object in outer space. The current controlling international law is the Outer Space Treaty of 1967, which prohibits any one country from appropriating anything in outer space: “Article II: Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.” Many countries agree that the prohibition against appropriation prevents any one country from granting property rights on its own authority. Some disagree, enough to create a potential for conflict and uncertainty for businesses and investors. Since the functions of law include avoiding conflicts and reducing uncertainties, it is imperative to create an international legal framework for private activity in outer space. The Moon Treaty provides the international authority to grant property rights. Article 11 does not prohibit ownership; it just prohibits any one country from granting it on its own authority. It is important to note that Article 11 begins by stating that the “common heritage of mankind” is defined by the Moon Treaty and its implementation agreement. The CHM has no legal meaning or force of law beyond the framework that the States Parties adopt. The proposed Implementation Agreement provides the minimum framework of international law that is necessary at this time for public and private activity on the Moon and beyond. The hopes and dreams of individuals and groups to create new societies in outer space are just as important as the entrepreneurship of those seeking to engage in space commerce. Both must be recognized, honored, and nurtured if humanity is to leave our home planet in a sustainable manner. At this moment in time, it is space law itself that needs capacity building. The current framework is inadequate, resulting in endless arguments over the meaning of outdated agreements. The time has come to craft a new agreement that will facilitate the sustainable exploration and development of outer space. In the year 2020, it is the Moon Treaty, with a proper implementation agreement, that can provide the international framework of laws that humanity needs to become a space-faring species.

Space accounting

PurposeThe emerging and rapidly growing space economy warrants initial analysis from an accounting lens. This article explores accounting's role in entity transactions involving outer space activities by addressing two questions: (1) What accounting challenges exist within a developing space economy? (2) What accounting research opportunities exist to address these challenges?Design/methodology/approachBackground context introduces accounting scholars to the modern space economy and its economic infrastructure, providing insight on entity transactions involving activities in outer space. Detailed discussion and analysis of space accounting challenges and research opportunities reveal potential for a robust, interdisciplinary field in the accounting domain relevant for both practitioner and academic spheres. The article concludes with a summary investigation of the future exploration of accounting for space commerce.FindingsMany accounting challenges and opportunities exist now and in the near future for accounting practitioners and scholars to contribute towards humanity's ambitious plans to achieve a sustained presence on the moon sometime during the 2020s and on Mars in the 2030s. All of accounting's traditional subject-matter domain, as well as sustainability accounting matters, will be relied upon in these efforts. Interdisciplinary inquiries and problem solving will be critical for success, with particular collaboration needs existing between accounting and operations management scholars.Originality/valueThis is the first paper to explore accounting for the burgeoning space economy, and to offer insight and guidance on the development of an emerging accounting subfield: space accounting.