Air and Space Law

Since World War I, the accepted principle has been that countries can direct flight over their regions or regional oceans. Apparently, nobody was genuinely worried about satellites and space vessels when the different traditions tending to over flight were drawn. In any case, the space soon gets to be noteworthy. One of the most punctual issues was exactly how far national sovereign power reaches out: when does airspace stop and space start.
The issues surrounding sovereignty over outer space are likely to become ever more critical as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become an important question in the twenty-first century.
This project begins shall constitute an examination of sovereignty and exploitation of resources on earth and in outer space. It provides a good overview of relevant international space law, focusing on provisions of the Outer Space Treaty and the Moon Agreement and other treaties so as to answer the debatable question of sovereignty over outer space.

This chapter offers a detailed analysis of a very fashionable subject: space tourism. Virgin Galactic and other companies have developed prototypes of spacecraft able to navigate in the airspace and outer space for pleasure or recreation. Tourist activities may also include a long-term stay in orbital facilities or parabolic intercontinental flights for transportation. Hence, again it would be useful to establish the level of separation between airspace and outer space for the application of air law and space law to the two phases of the flight, for liability reason (e.g. damage suffered by tourists) or navigation purposes. Air law already contains these cases, the outer space law doesn’t. Another tricky aspect concerns the status of the tourist: should such person be considered an astronaut and subject to the provisions of the Space Treaties?

Focuses on the concept of Space Traffic Management (STM), the matter which has been of high interest for many space actors in the last three decades. With the emergence of the NewSpace era, and flourishment of commercial and economic incentives for space activities, this topic has gained the attention of many space actors in the preceding decades, thus turning into a separate agenda item in the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. However, establishing and implementing such regulations is a challenging task, especially for new space actors. This article aims to assess the existing challenges of STM and provide solutions to overcome them. Firstly, this article provides the necessity of establishing such a regulation: it is evaluated and discussed while describing the requirements for achieving this goal. Secondly, the paper studies definitions provided by governmental and non-governmental entities regarding this concept and the measures taken towards its realising. Finally, the research discusses the challenges that space actors face regarding implementing this concept, both legal and practical. In conclusion, the authors highlight the importance of promoting endeavours and coordination among all current and potential space actors with due considerations for their relevancy.

The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.

The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.

The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.

Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.

REVIEWS

The expertise contained in this book is impressive, as it comes not exclusively from lawyers and academics, but from insurers, economists and financiers as well -- and yes, space venturers. - Phillip Taylor, Richmond Green Chambers Read more...
The real treasure is its contributors. 'Outer Space Law' is not penned by a single author but represents the contribution of numerous essayists who represent the budding generation of legal and policy minds who will are and will continue to influence the legal environment and canon of outer space. Indeed, it is the introduction of this new crop of legal and policy professionals that is the real cake of 'Outer Space Law' and their insight within the icing. - Michael J. Listner, Space Law and Policy Solutions
This book certainly offers a complete view of the space activities in the present evolving scenario and of the existing international rules governing such activities. - Alfredo Roma, 'Aviation and Space Journal'
At the end of the day, this book has much to offer for experienced and novice space practitioners, scholars and policy analysts. It has sufficient breadth of subject matter and quality of analysis to provide even the most seasoned among us with something novel and interesting to consider.  - Dennis J. Burnett , LMI Advisors, 'Space Policy'
The compilation, however, concentrates on those legal questions on the use of outer space which are increasingly relevant in the more commercial age. Here the consulting editors do not shy away from including authors thinking outside of the box. - Theunis Kotzé B.Iur LLB LLM , Attorney of the High Court of South Africa - South African Yearbook of International Law

For decades, Space has been called the ‘New Frontier’. This tag of novelty has been attached to this area for far too long, and the areas of space exploration and space tourism have not been accorded recognition that is due. For humankind, a foray into space is inevitable – the question that arises then is, are we ready for the inevitable? The authors believe that the need of the hour is a system of laws and regulations that recognizes and addresses the needs of the burgeoning field of space tourism.

Through this research paper, the authors intend to provide a comprehensive overview of the present legal regime as it relates to the field of space tourism, and highlight the need for effective space legislation, which shall help in the blooming of this industry. The paper provides a lucid overview of the status quo, the legal challenges, as well as the solutions to these space tourism issues.

Regulatory capture, as described by the economic theory, takes place when a regulatory agency decides to putt ahead the priorities of interests groups instead of regulating on behalf of the public interest. The purpose of this paper is to address the problems related to regulatory capture in aviation and to explain how whistleblowers could serve as a useful tool to deter such phenomenon. The case of the Boeing 737-MAX is mentioned as a cautionary tale.

The common heritage of humankind takes a prominent place in the law of the sea and international space law. Given the gap between the developing and developed countries in the current era, and the increasing trend of using and depleting rare resources of the earth and outer space, the necessity of using the common heritage of humankind as a rescue factor was experienced. The success of this concept in the seabed (Part XI of the United Nations Convention on the Law of the Sea) and steps taken in outer space to implement it (the 1979 Moon Treaty), inspired to use it in some new spheres that seem to be in danger. These new spheres are Human Genome, Fossil Aquifers, and Cultural Heritage. The paper used a scientific methodological approach which facilitates to identify the whole canvas of the research, identify the main aspects and concepts of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the method of generalization and system-structural method. In this paper, the author examines other items able to be identified as the common heritage of humankind and practical use, such as Human Genome, Fossil Aquifers, and Cultural Heritage. By identifying the new proposed cases of the common heritage of humankind, it is possible to use them as an instrument to filling the gap between developing and developed countries and guarantee justice among all nations.