Space Law - Dissertation PDF

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Law dissertation proposal 2020/2021

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INTRODUCTION

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RATIONALE FOR RESEARCH QUESTION

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LEGAL I SSUES

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RESEARCH METHODOLOGY

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LITERATURE REVIEW

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PROPOSED F ORMAT

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BIB LIOGRAPHY

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Title Is there space for space law? Introduction The 100-year long history of space law is broadly internationally based. In 1910, space law was a concept without structure or substance for more than 2 decades, first stated in a journal paper in Paris. The first systematic monograph appeared in1932, introducing essential, basic space law principles. In the 1930s and 1940s, brief commentaries appeared. In1953, the first PhD dissertation concerned with space law appeared. In 1954, there were increasing international discussions between jurists and observers concerned about the need to explain and describe laws predicting human activity in outer space. In 1957, the principles historically presented were no longer merely abstract or academic theories. In the last few decades, nations across the globe have started to think about colonizing space and spend substantial amounts of their national budgets to explore outer space. Despite all the improvements that technology has provided in recent times to explore outer space, the same cannot be said about legislations dealing with space law. The international community started to discuss possible values, standards, and considered prohibitions as legislation. Over the 20th century, the development of space law developed in four interrelated phases: Phase 1 included the formulation before Sputnik of principles of space law: from 1910 to 1957; Phase 2 included the interpretation and implementation of basic applicable rules: from 1957 to 1966; Phase 3 includes the extension of the use of space and national and international laws and legislation for the administration of those applications. Where it was once marked by discovery voyages beyond the Earth, industrial and private sector operations focused on low Earth orbit have gradually risen over the past three decades (LEO). Both the exploration and subsequent exploitation of space promised much in terms of satellite applications on Earth and (more ambitiously) by using the almost limitless mineral resources within our solar system. But such endeavours are not without expense, and all times of the Space Age have had a huge accumulated effect on the Earth space climate. Instead, the policy and legislative system that should have resolved this deterioration of the environment has stagnated, with the prevailing legislative instrument for Space colonisation of the 21st century-the 1967 Outer Space Treaty-predating the arrival of humans on the Moon.

Rationale for the research Objectives of research As we enter this century, Asia has joined Europe and North America as active participants in space. Where before we had three groups, the United States, USSR (Russia), and Europe, with launching facilities and extra-terrestrial probes, they are now joined by other nations such as China, Japan, and India. China has gone even further by sending men into Earth orbit. Some private companies hope to become active in space as well, such as Virgin Galactic with its private launching facilities in New Mexico, called Spaceport America. Since the beginning of this century, international and commercial interests in space have continued to grow. In this paper, space law is considered the cumulative body of national and international legislation, regulations, treaties, agreements, and conventions created to enable, manage, and regulate world- wide, regional, and national commercial, civil governmental, and national or regional defense activities in or related to outer space. The paper will analyze and scrutinize the different legal legislations, bodies and treaties that have shaped the laws of outer space, with the aim of providing a full insight of the history of space law, improving the status quo and improvements that can reshape the current structure of space law. Relevance of the Research Academics such as Frans von der Dunk have edited hefty volumes focusing on selected issues in outer space, with von der Dunk’s most recognised work, The Handbook of Space Law, spanning almost 1200 pages. Similarly, large groups of academics have collaboratively developed hugely popular resources in the public international law realm. However, as we approach a new era in space exploration, there is not much clarity about the bodies that govern space. Despite the Space Treaty signed in 1967 by the U.S and the U.R.R.S, the legal treaty fails to specify with certainty vital points that would ensure a lawful resolution to disputes arisen in outer space. This research aims to focus in the history of space law, analyse in detail how the different treaties and academic research have shaped space law. Furthermore, with the arrival of a completely new era of revolutions in space tourism and asteroid mining, and the lack of academic research and case law regarding space law will drastically affect who has the rights to exploit space resources and who does not, the stakes are extremely high and unfortunately without the right legislation and research this matter can cause catastrophic consequences to our international legal system if not dealt on time. Without the right legislations in place, a superpower may be able to gain important resources in space and abuse their dominant position in earth. It is vital that academics, politicians and legislators come together and expand on previous treaties to create a new legal body that can monitor future improvements in regards to space law and can pragmatically direct nations in how to deal with space law.

Legal issues

The latest treaty that dealt with space law was the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the Moon Treaty). However, the Moon Treaty has been largely rejected by the international community due mostly to its provisions that would make outer space resources the “common heritage of mankind. Although the Moon Treaty is valid law, it is in effect only against its signatories and is

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therefore not considered a part of space law by American commentators. Only thirteen nations have ratified the treaty, none of them spacefaring, so this treaty can hardly be considered representing any form of international legal consensus. Indeed, none of the signatories of the Moon Treaty When I began, the responses I received from people when I said I will be researching about outer space led me to believe this topic was too fringe to be considered academically by the legal community. I discovered that many have indeed thought about it quite a bit. Not surprisingly, the discussion centers around interpretations of the Outer Space Treaty. The Outer Space Treaty speaks to how space resources are to be handled, but unfortunately (perhaps intentionally) the language of the treaty contains ambiguous phrases that are open to interpretation. The treaty states explicitly that no country should be barred from entering space. These terms do nothing to shine any light on real property rights, sounding very honourable in their intent. We do know, however, that the use of space should not be to the detriment of any country, and space should be within the scope or jurisdiction of the human race as a whole in any way. This purpose has been fulfilled to the point that no one has been injured by the actions of others in space and no one country has claimed any portion of space for itself. Yet we all recognise that the immediate advantages of space exploration, that is, technological expertise and advanced technology, have mainly gone to those nations that travel.

Research methodology The dissertation will be focused in a very specific field that does not have much precedent case law. It will look into the different factors and treaties that have shaped space law, from the Moon Treaty to the 1967 Outer Space Treaty. There are a number of textbooks such Space Law: A Treatise that talk in depth about the history of space law as to the relevant sources of information that will help me have a better understanding about the topic. Professor Christopher Newman from the university of Northumbria is a renowned space lawyer that has written extensively about the subject, through his rigorous academic research and insights I will expand in his academic articles and also provide contrasting views to crucial topics that need further insight. Highlighting the different treaties and the relevant case law in space law will shape the structure of the dissertation. As this subject is yet to gain relevant attention in academic research, I will through a series of interviews and journal research explain the importance of researching this subject and how it could benefit the next wave of legal academicians. There are a number of relevant societies that explore space law such as the Antonin Scalia Law presided by Mousa Martin, organize live events and write articles about the subject. As part of the research I will be joining this society in order to communicate and explore ideas with academicians that research this subject. Having direct access to key members of the society will enrich the content of the dissertation as I will be able to interview and access exclusive content about space law. The International Institute of Space law will also play an important role in this research, as they have one of the best research teams in the world for space law and numerous insightful articles in their website.

Literature review Professor Christopher Newman in his article Law, Ethics and Space, Taylor, A., Newman, C. 3 Sep 2018 provided an overall view of the ethics that govern outer space law, in this article he critically assessed how the current legislation does not provide sufficient regulatory power to prevent corporations or nations from taking abusive positions in space exploration. In the book Francis Lyall and Paul B larsen, Space Law: A Treatise (Routledge 2007), professor Francis and professor Paul explore in detail the history and talk in depth about the 1967 Outer Space Treaty, that will prove to be an essential part of my research since is considered to be the most important part of legislation written about the subject. The Financial Times, Wall Street Journal and the Economist will provide me with their articles an insight from the popular opinion perspective, this perspective is not to be undermined as these magazines play a very important role in shaping society’s viewpoint about certain topics. As my research will evaluate the lack of academic research and lack of awareness from members of the public, researching this subject from different angles will help me to have more meaningful content. The Cologne Commentary on Space Law (Vol. 1): Outer Space Treaty, S. Hobe, B. Schmidt-Tedd, K.-U. Shrogl (Eds), G.M. Goh (Assist. Ed.), Carl-Heymanns Verlag, Cologne, 2009 is a vital source of information where experts in the field discuss in detail the Outer Space Treaty, the research will need to analyse the academic content of this book and critique if necessary the points that do not align with the research. As the numbers of experts in this field increase, I will need to eloquently asses different views and conflicts of interests whilst dealing with this matter. It is vital that the research stays objective and clarifies the status quo regarding this obscure but yet exciting matter. The article by Robert a. Friedman, International Law in the Context of Outer Space Activities, 3rd ASEAN regional Forum (arF) Workshop on space security, Beijing, China, November 30, 2015, at 3–4 includes interesting topics that talk about the in the field of space activities and how the commercialization process is actively developing. also, The misuse of space carries the danger of injury to third parties, which may give rise to legal responsibility on the part of the accused party. Until now, hundreds of people have been killed as a result of space operations or, rather, accidents during space activities, not to mention the immense financial damages suffered. The research will expand into some of the topics discussed in the article

Format The format will attempt to guide the reader through a complete and critically analyzed dissertation. The...