Outer Space Security: A Critical Analysis of Legal Framework

2021 ◽  
Author(s):  
Dr. Raj Kumar Yadav ◽  
Jai Hooda
Keyword(s):  
Critical Analysis ◽  
Outer Space ◽  
Legal Framework ◽  
Space Security

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

scholarly journals Space for Change: The ASAT Tests in Outer Space in Light of the UN Liability Convention

2020 ◽  
Vol 8 (1) ◽  
pp. 91-102
Author(s):  
Adam Strobeyko
Keyword(s):  
Space Exploration ◽  
Outer Space ◽  
Legal Framework ◽  
Special Care ◽  
Shared Environment ◽  
Conventional Weapons

As space exploration is gathering pace, special care must be attributed to preserving outer space as a shared environment that can be explored freely by humankind. Currently, there exists no comprehensive legal framework regulating the use of conventional weapons in outer space. This has been made evident by repeated tests of anti-satellite weapons (ASATs) which took place in the XXI century and produced massive amounts of debris, possibly interfering with the rights of other states to explore space freely. This article examines the rules provided by the UN Liability Convention and their application to ASAT tests in outer space. The author reviews academic suggestions in the field and concludes that a multilateral and comprehensive legal framework needs to be established in order to guarantee unrestrained exploration of space.

scholarly journals Deficiencies in the Legal Framework of Housing in Pakistan: A Critical Analysis

2020 ◽  
Vol V (IV) ◽  
pp. 17-28
Author(s):  
Mirza Shahid Rizwan Baig ◽  
Rao Qasim Idrees ◽  
Hafiz Muhammad Usman Nawaz
Keyword(s):  
Local Governments ◽  
Critical Analysis ◽  
Regulatory Mechanism ◽  
Legal Framework ◽  
Financial Impact ◽  
Islamic Republic ◽  
Effective Manner ◽  
Housing Industry ◽  
Special Priority ◽  
Do So

Housing has been given a special priority by the present Government of Pakistan due to its huge financial impact. One of the basic necessities of life includes housing. Housing has been acknowledged as directory principle under the Constitution of Islamic Republic of Pakistan 1973. Under the scheme of the Constitution of Pakistan 1973, the provision of housing units is primarily the responsibility of the Local Governments in the provinces, but they have miserably failed to do so. This article points out some of the major reasons and obstacles due to which housing laws are unable to regulate the housing industry of Pakistan in an effective manner. At the end of this article, some suggestions and recommendations have been given, which are necessary to improve the legislative as well as the regulatory mechanism of the housing industry in Pakistan.

scholarly journals The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill

2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Author(s):  
Christopher Foulkes
Keyword(s):  
New Zealand ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Legal Difficulties

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.

A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

scholarly journals Przestrzeń kosmiczna w strategii bezpieczeństwa narodowego USA

2020 ◽  
Author(s):  
Marek Czajkowski
Keyword(s):  
United States ◽  
Human Activities ◽  
Outer Space ◽  
The United States ◽  
International Strategy ◽  
The Political ◽  
General Description ◽  
Space Applications ◽  
The U.S ◽  
Space Security

OUTER SPACE IN THE SECURITY STRATEGY OF THE UNITED STATES This book contributes to a necessary effort to understand the impact of human activities in outer space on international security. Its specific task is to grasp the changing role of space applications for the security of the United States. It is not, however, a treatise on military doctrine or modern warfare, neither it is a handbook on technology. Instead, it utilizes paradigms of international relations to extract the political dimension out of this so highly technical issue. The book contains five chapters. In the first chapter, we find the analysis of some theoretical and legal aspects of the relationship between human activities in outer space and security with its multiple dimensions. The considerations of chapter two revolve around the science and technology of space applications with special attention to security issues. It is not, however, a technical manual but rather the comprehensive, general description of the characteristics of outer space presented for the sake of comprehensiveness of the whole argument. Chapter three contains a description of the historical background, which means the evolution of military space applications. But again, it does not provide detailed technical knowledge but rather concentrates on the political and strategic dimension. Chapter four is the essential part of the book as it depicts the space security policy of the United States against the background of the general international strategy of the U.S. And finally, chapter five contains some thoughts about specific issues related to the space security. The most general findings expressed in this book are as follows. Firstly, the core elements of the United States international strategy and foreign policy rely heavily on the unhampered use of space applications. But, secondly, the capabilities that these applications provide with, are increasingly contested by many international players. These competitors not only have the abilities to negate some of the American space-borne capabilities, but also create their own, similar. The latter contributes greatly to the narrowing of the technology advantage of the U.S. over its peers. And thirdly, this problematic situation will persist, compelling the United States to at least try to reverse the process of loosing of what is sometimes called the space hegemony.

scholarly journals Investment in Space Resources: Property Rights to Natural Resources Extracted in Space and the Position of Iraqi legal system

2019 ◽  
Vol 5 (1) ◽  
pp. 36
Author(s):  
Arez Mohammed Sediq Othman
Keyword(s):  
Natural Resources ◽  
Legal System ◽  
Outer Space ◽  
Rapid Development ◽  
The United States ◽  
Legal Framework ◽  
Space Technology ◽  
Private Companies ◽  
Private Corporations ◽  
Space Activities

In the second half of the last century, the space activities have increased paralleled with the rapid development in space technology. The greed of giant corporations has exceeded the universe and tried to reach resources outside Earth. Exploring other planets is not something new, while racing to reach the resources outside earth by private space exploration companies as human’s off earth destiny is quite recent. Many nations have plan to reach the moon by 2020 including the United States who has plan to establish a permanent base on moon by 2024. The ambition to reach outer space is not just for the scientific purposes, but rather to exploit resources form space. As long as space is a common sphere among all the nations, there are many treaties signed and ratified to lay down broad rules and principle to organize the area. Mining celestial materials is one of the issues that does not have a legal framework as private companies are eagerly trying to mine materials which are not existed on earth such as Helium three or any other bodies that are scarce on earth. Until now, the international community has not been successful in establishing a solid legal system to regulate outer space activities. Besides, there are attempts by some countries to have particular legislation allowing private companies to extract natural resources. However, technological, economic and military powers of countries are the major factors in exercising the activities outside our planet due to the special nature of such activities. This paper argues that despite the difficulties of having a consensus over a legal framework, there are many other issues that need to be taken into consideration. Further, the perspective of the Iraqi legal system is also examined with regard to the possibility of adopting particular law on outer space activities. It also argues that although the lack of advanced technological skills might avoid countries reaching outer space, it will not prevent states from adopting specific legislation to regulate private corporations’ attempt to explore in this field.        

scholarly journals Sapnis par kosmosa bagātībām – vai kosmosa resursu ieguve ir likumīga?

2021 ◽  
Author(s):  
Lūcija Strauta ◽  
Keyword(s):  
United Arab Emirates ◽  
Outer Space ◽  
The United States ◽  
Legal Framework ◽  
The Moon ◽  
Commercial Exploitation ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Celestial Bodies

The paper assesses whether the national legal framework of the United States, Luxembourg and the United Arab Emirates, which stipulates that space resources can be privately owned, and legalizes the acquisition of space resources for commercial purposes, complies with international space law. The article analyses the scope of space use delineated by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as the subsequent national practices after the entry into force of these agreements, national space law, national policies and public statements. The aim of the analysis is to determine whether international space law contains a prohibition of the extraction and commercial exploitation of space resources. The study evaluates national comprehensions of the space law content with regard to the freedom to use space. It yields a conclusion that there is no absolute ban on the commercial exploitation of space resources under international space law.

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