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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
Im Herzstuck des europaischen Vereinigungsprozesses, der
Warenverkehrsfreiheit, hat die EU auf der Basis der "Neuen
Konzeption" und des "Globalen Konzepts" mit dem System der
Akkreditierung und Zertifizierung eine europaische
Verwaltungsstruktur geschaffen. Deren tragendes Element bilden
Private, die als Benannte Stellen im Wege der Zertifizierung uber
die Marktzulassung von Produkten entscheiden. Die
mitgliedsstaatlichen Verwaltungen bilden nur noch einen
rechtsstaatlichen Ankerpunkt. Akkreditierung und Zertifizierung
werden als neue Institute des europaischen Verwaltungsrechts in der
deutschen Rechtsordnung beschrieben und anhand
verfassungsrechtlicher und europarechtlicher Grundsatze analysiert.
Das neue europaische Produktzulassungsrecht liefert damit einen
weiteren Baustein fur ein europaisches Verwaltungsrecht."
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,
particularly the strategic benefit of Earth observation from outer
space as a national security tool. However, the dual-use potential
of many space applications increasingly blurs the distinction
between the military and non-military uses of space. In fact, many
States have openly declared their willingness to protect their
space assets by military means and some have even described outer
space as a war-fighting domain. Non-State entities are becoming
more and more involved in outer space activities, including 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. Private operators have
significantly increased activity in the launch of satellites and in
2021 no less than three private space companies (Virgin Galactic,
Blue Origin and SpaceX) conducted successful space tourist flights.
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
around the world. Consequently, the socio-economic benefits of
space technology (in particular satellite technology) have made the
development of space programmes an increasing necessity for
developing States. Outer space has become a congested environment.
The involvement of private actors, specifically, has given rise to
a number of legal issues, including questions pertaining to
liability, insurance, space debris, human rights and property
rights in space. To address these legal uncertainties, the existing
chapters in the second edition of Outer Space Law: Legal Policy and
Practice have been updated significantly and several new chapters
have been added dealing with topical issues including: the
regulation of satellite navigation systems, and satellite
constellations; the application of human rights in outer space
settlements; the exploration and colonisation of outer space; and
planetary protection. The second edition of Outer Space Law: Legal
Policy and Practice remains aimed at readers looking for a single
title to understand the key issues relevant to the space sector, by
also emphasising 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 Fasken, and Professor
Anel 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.
The United Nations currently has five effective international space
treaties, namely the Outer Space Treaty of 1967, Space Rescue
Agreement of 1968, Space Liability Convention of 1972, Space
Registration Convention of 1975, and Moon Agreement of 1979.
However, with recent competition and movements to mine and exploit
natural resources from such entities as the moon, asteroids, etc.,
these outdated treaties no longer address current advancements. It
is imperative that new research is undertaken to urge and progress
new space laws and policies that strengthen international
cooperation and joint undertakings into the exploitation of natural
resources from outer space. Global Issues Surrounding Outer Space
Law and Policy grants a general understanding for the current
issues and methods of solution in the field of outer space law and
policy in the global society. It suggests a revision of the five
international space treaties and presents a new International Space
Agency (ISA) that would use international cooperation and an
International Court of Air and Space Law to promote the speed of
work and fairness in trials of air and space law cases.
Additionally, solutions for the cooperation of the global community
towards joint undertakings and exploitation of natural resources in
celestial bodies is explored. This book is ideal for lawyers,
professors, government officials, space agencies, academicians,
researchers, students, and anyone looking to understand the
complicated problems and methods of solution in international space
law and policy.
The book responds to the dissonance between the increase of
commercial outer space activities and the absence of any legal
framework in India. While holding a great promise, international
space law remains a stable principle that the launching country is
liable for any damage caused by outer space activities. The
quantity of risk increases more when outer space is used not only
by the sovereign states but also by non-governmental entities for
commercial benefit. Both the municipal and international law
accepted that money damages should compensate the harm. Therefore,
allocation of the liability must be shared by the actual wrong
doer. State practices are developed for the allocation of liability
with non-governmental entities. The argument attacks the substance
and structure of space policy in India, undermining claims as to
its effectiveness and even sustainability. In responding to these
challenges, this book uses analytical and comparative methods with
the dynamic processes such as interview (structured and
unstructured) to address the central question of basis and
fundamental framework of space law in India. The objective of the
thesis is to develop a plausible normative framework in India
relating to commercial outer space activities. This normative
framework provides a platform for exiting international legal norm
and practices, as well as the basis of alternative understanding of
international space law and the potential response to those
problems, which are coherent and consistent with the use of outer
space commercially by any country. The book offers three inter
related conclusions. First, it identifies the international legal
norms as the basis for the development of national legal framework
in India. Secondly, it demonstrates those state practices developed
by space-advanced nations who adopted national space legislation
for the promotion and control of commercial outer space activities,
and provides a useful legal framework background for adoption of
domestic legal framework in India. Thirdly, it develops a normative
framework for the commercial outer space activities in India.
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