scholarly journals Flying the Friendly Skies May Not be so Friendly in Outer Space: International and Domestic Law Leaves United States’ Citizen Space Tourists without a Remedy for Injury Caused by Government Space Debris

2007 ◽  
Vol 7 ◽  
Author(s):  
Marla Stayduhar
Keyword(s):  
United States ◽  
Outer Space ◽  
Seat Belt ◽  
Space Vehicle ◽  
The Moon ◽  
Government Officials ◽  
Travel Agents ◽  
Final Destination ◽  
Space Tourism ◽  
Domestic Law

“Ladies and Gentlemen, we would like to welcome you to the moon. Please keep your seat belt fastened until the pilot completely stops at the gate. If this is your final destination, please collect your bags at baggage claim D. If you are headed on to Mars, your bags will be checked through to your final destination.”These words may sound funny now, but the possibility of them becoming a reality is not as far-fetched as it might seem. On September 18, 2006, Anousheh Ansari, a United States citizen of Iranian origin, became the fourth space tourist and the first female civilian to enter outer space.1 She also became the first astronaut to keep a space blog of her experiences to which readers could post a response.2 Shortly before Ms. Ansari’s adventure, on October 1, 2005, Gregory Olsen, scientist and entrepreneur, was the third paying civilian space tourist, and took flight on a Russian shuttle.3 Although his trip cost $20 million,4 it is not unforeseeable that  ordinary citizens will soon be able to take a short trip around the moon or visit a space resort. It has been estimated that space tourism has the potential to generate $10 billion to $20 billion in income in the next few decades.5 Counting on that projection, Virgin Galactic, founded by Richard Branson (the well-known billionaire adventurer6), recently reached an agreement with the State of New Mexico to build a space port on state land.7 Moreover, recent batches of space vehicle competitions and exhibits have piqued greater interest in space tourism for adventurers, scientists, travel agents and government officials alike.8

Main Contents and Comment on the 1967 Outer Space Treaty

2021 ◽  
pp. 15-19
Keyword(s):  
United States ◽  
United Kingdom ◽  
Soviet Union ◽  
Outer Space ◽  
The United States ◽  
The Moon ◽  
The United Kingdom ◽  
The Soviet Union ◽  
Celestial Bodies ◽  
Outer Space Treaty

This chapter introduces the ratification by member states and main contents of the 1967 Outer Space Treaty (Title: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies). Furthermore, the author explains the reason it the contents of the 1967 Outer Space Treaty should be amended. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.

Human–Robotic Cooperative Space Exploration

2021 ◽  
Author(s):  
Anne-Sophie Martin
Keyword(s):  
Soviet Union ◽  
Artificial Satellite ◽  
Space Exploration ◽  
Outer Space ◽  
Space Vehicle ◽  
Legal Framework ◽  
The Moon ◽  
International Space ◽  
Free Exploration ◽  
Celestial Bodies

Humans have always looked up at the stars and dreamed about outer space as the final frontier. The launch of the first artificial satellite—Sputnik—in 1957 by the Soviet Union and the first man on the Moon in 1969 represent significant missions in space exploration history. In 1972, Apollo 17 marked the last human program on the lunar surface. Nevertheless, several robotic spacecrafts have traveled to the Moon, such as the Soviet Luna 24 in 1976, and China’s Chang’e 4 in 2019, which was the first time a space vehicle touched down on the Moon’s far side. The international space community is currently assessing a return to the Moon in 2024 and even beyond, in the coming decades, toward the Red Planet, Mars. Robots and rovers (for example Curiosity, Philae, Rosetta, and Perseverance) will continue to play a major role in space exploration by paving the way for future long-duration missions on celestial bodies. It is still impossible to land humans on Mars or on other celestial bodies because there are significant challenges to overcome from technological and physiological perspectives. Therefore, the support of machines and artificial intelligence is essential for developing future deep space programs as well as to reach a sustainable space exploration. One can imagine a future scenario where robots and humans collaborate on the Moon’s surface or on celestial bodies to undertake scientific research, to extract and to analyze space resources for a possible in situ utilization, as well as to build sites for human habitation and work. The principles of free exploration and cooperation are core elements in the international space legal framework as mentioned in Article I of 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. In this context of new ‘robots–humans’ cooperation, it is also necessary to consider the provisions of the 1972 Convention on the International Liability for Damage Caused by Space Objects, the 1975 Convention on Registration of Objects Launched into Outer Space, the 1968 Agreement of the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as some recent international agreements signed for future Moon missions given their significant importance for space exploration.

scholarly journals INTERNATIONAL LAW ON SPACE TOURISM IMPLEMENTATION

2020 ◽  
Vol 33 (20) ◽  
pp. 119-127
Author(s):  
Daria Bulgakova
Keyword(s):  
International Law ◽  
International Development ◽  
Outer Space ◽  
Legal Regulation ◽  
Tourism Industry ◽  
The Moon ◽  
Space Flights ◽  
Space Tourism ◽  
Celestial Bodies ◽  
The Law

As space tourism-related technology breakthrough, the outlook of mining activities having in space moves spacious to be a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to the space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition the states the freedom to explore and using space, but at the same time do not consider the national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying, the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applied as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for the further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research shows that US has national law instrument for US enforcement in the space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space-related legislation regime would let for a space journey to develop but not in the path the text of former domestic laws proposes. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting the law necessary to provide properly advanced international legal acts on flights to space with tourists on a spacecraft. Since space tourism may affect international law. The findings indicate that social awareness due to geographical indicators could improve the current situation in the legal regulation of space tourism at risk of international law gap. What is now needed is a cross-national international law study involving law researchers on the space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when the international lawmaker community able to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned with mining outer space goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be an advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation because at the international level there is no adoption of any specific acts in this area. In order for space tourism to open-up effect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states in an individual way, or through a private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fairly bring individual profits, but betters of humanity. Keywords: international law, space tourism, outer of space, commercialization of space, private space flights, International Treaty.

scholarly journals INTERNATIONAL LAW ON SPACE TOURISM IMPLEMENTATION

2020 ◽  
pp. 119-127
Author(s):  
Daria Bulgakova
Keyword(s):  
International Law ◽  
International Development ◽  
Outer Space ◽  
Legal Regulation ◽  
Tourism Industry ◽  
The Moon ◽  
International Treaties ◽  
Space Flights ◽  
Space Tourism ◽  
Celestial Bodies

As space tourism related technology breakthrough, the outlook of mining activities having in space moves spacious to being a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition to the states the freedom on exploration and using space, but at the same time do not consider national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applicable as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research show that US have national law instrument for US enforcement in space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets the liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space related legislation regime would let for space journey to develop but not in the path the text of former domestic laws propose. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting law necessity to provide properly advanced international legal act on flights to the space with tourists on a spacecraft. Since, space tourism may affect international law. The findings indicate that social awareness due to geographical indicator could improve current situation in legal regulation of space tourism at risk of international law gap. What is now needed is a cross – national international law study involving law researchers on space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when international law – maker communityable to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned in mining outer space a goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be a advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation, because at the international level there is no adoption of any specific acts in this area. In order space tourism open-up affect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states to an individual way, or through private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fair bring individual profits, but betters of humanity.

scholarly journals Illogicality and Roman Law

1972 ◽  
Vol 7 (1) ◽  
pp. 14-24 ◽  
Author(s):  
Alan Watson
Keyword(s):  
South Africa ◽  
International Law ◽  
Western Europe ◽  
Outer Space ◽  
Roman Law ◽  
Modern World ◽  
Legal Systems ◽  
The Moon ◽  
Age Of Reason ◽  
The Law

It is a commonplace that Rome's greatest contribution to the modern world is its law. Whether this is strictly true or not, Roman law is certainly the basis of the law of Western Europe (with the exception of England and Scandinavia), of much of Africa including South Africa, Ethiopia and in general the former colonies of countries in continental Europe, of Quebec and Louisiana, of Japan and Ceylon and so on. Perhaps even more important for the future is that International law is very largely modelled, by analogy, on Roman law. Just think of the perfectly serious arguments of a few years ago as to whether outer space (including the moon and planets) were res nullius or res communes and whether they were, or were not, susceptible of acquisition by occupatio. This persistence of Roman law has had undesirable consequences. First, Roman law as an academic subject has got into the hands of lawyers whose love of technicalities has frightened off classical scholars who tend not to use the legal sources. Secondly, scholars of antiquity, since Roman law is left well alone, have also been reluctant to look at other ancient legal systems. So have lawyers since these other systems have no ‘practical” value. Thirdly, following upon these but worse still, the usefulness of Roman law for later ages, coupled with its enforced isolation from other systems of antiquity, has often led to an exaggerated respect for it, and to its being regarded as well-nigh perfect, immutable, fit for all people. Many in “the Age of Reason” were ready to regard Roman law as “the Law of Reason”.

Why Are the Missiles (and Missile Defence) Called Peace-Keepers? – Corroding the Concept of Peaceful Use

2001 ◽  
Vol 14 (4) ◽  
pp. 789-828
Author(s):  
Keith Wilson
Keyword(s):  
United States ◽  
At Risk ◽  
Cold War ◽  
Outer Space ◽  
The United States ◽  
International Peace ◽  
Security Framework ◽  
Crucial Element ◽  
Earth Space ◽  
Peace And Security

The United States is abrogating the Anti-Ballistic Missile Treaty in order to deploy a limited missile defence shield. Amongst other developments, this is prompting a reconsideration of the global security framework. However, a crucial element is missing from the current missile defence proposals: a clearly articulated concept of peaceful use, applicable both to outer space and to earth-space. The deployment of missile defence runs counter to emerging norms. It has effects going far beyond the abandonment or re-configuration of specific Cold War agreements. In a community of nations committed to the maintenance of international peace and security (cf. national or plurilateral security), sustainable meaning for widely used and accepted norms of peaceful use and peaceful purposes is at risk.

The Impact of the Nicaragua Case on Matters of Evidence and Fact-Finding

2012 ◽  
Vol 25 (1) ◽  
pp. 149-156
Author(s):  
PAUL S. REICHLER
Keyword(s):  
United States ◽  
Armed Conflict ◽  
The United States ◽  
Pulp Mills ◽  
Government Officials ◽  
The Government ◽  
Fact Finding ◽  
Day To Day Operations ◽  
High Level ◽  
The Impact

AbstractThe Nicaragua case demonstrates the Court's competence in receiving and interpreting evidence, and in making reasoned findings of fact, even in the most complicated evidentiary context, as is often presented in cases involving use of force and armed conflict. The Court applied well-established standards for evaluating the conflicting evidence presented to it. In particular, the Court determined that greater weight should be given to statements against interest made by high-level government officials than to a state's self-serving declarations. The Court also determined that statements by disinterested witnesses with first-hand knowledge should receive greater weight than mere statements of opinion or press reports. In applying these guidelines, the Court found, correctly, that (i) the United States had used military and paramilitary force against Nicaragua both directly and indirectly, by organizing, financing, arming, and training the Contra guerrillas to attack Nicaragua; (ii) the evidence did not support a finding that the United States exercised direct control over the Contras’ day-to-day operations; and (iii) there was no evidence that Nicaragua supplied arms to guerrillas fighting against the government of El Salvador during the relevant period, or carried out an armed attack against that state. While Judge Schwebel's dissent criticized the last of these findings, in fact, the evidence fully supported the Court's conclusion. In subsequent decisions during the past 25 years, the Court has continued to rely on the approach to evidence first elaborated in the Nicaragua case and has continued to demonstrate its competence as a finder of fact, including in cases involving armed conflict (Bosnia Genocide) and complex scientific and technical issues (Pulp Mills).

Alliance Embeddedness: Rodrigo Duterte and the Resilience of the US–Philippine Alliance

2021 ◽  
Vol 17 (3) ◽  
Author(s):  
Gregory Winger
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Detailed Analysis ◽  
The United States ◽  
Personal Relationship ◽  
Primary Sources ◽  
Government Officials ◽  
The Us ◽  
Philippine Government ◽  
Defense Cooperation

Abstract In 2016, Philippine President Rodrigo Duterte pledged to radically reorient Philippine foreign policy by separating from Manila's longtime ally the United States. Yet, this vaunted break with America has failed to manifest. Joint US–Philippine military activities have continued with President Duterte even singing the praises of his American partners. To understand how this about-face in Manila occurred, I conducted a detailed analysis of the first eighteen months of the Duterte administration. Drawing on primary sources and interviews with government officials from both countries, I argue that the continued vitality of the US–Philippine alliance stems not from disenchantment with China nor personal relationship between Duterte and Trump, but rather from an underlying institutional affinity engendered over decades of defense cooperation. Specifically, institutionalized cooperation within the alliance has cultivated a strong reservoir of support for the alliance within key institutions inside the Philippine government. This case not only highlights the development of the Duterte administration but also illustrates the wider ability of alliances to weather political discord by cultivating support within national bureaucracies.

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