Outer Space Law

This title has 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 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; andplanetary 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 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.

Preface to the first edition 7Yanal Abul FailatLXL LLPAnél Ferreira-SnymanUniversity of South AfricaPreface 9Yanal Abul FailatFasken Martineau LLPAnél Ferreira-SnymanUniversity of South AfricaForeword 11Tanja Masson-ZwaanInternational Institute of Air and Space Law, Leiden UniversityInternational law governing outer space activities 13Christopher JohnsonSecure World Foundation; Georgetown University Law CenterNational law governing outer space activities 31Yun ZhaoUniversity of Hong Kong (HKU)Delimitation of outer space and Earth orbits 49Olavo de Oliveira Bittencourt NetoCatholic University of SantosMilitary activities in outer space 65Anél Ferreira-SnymanUniversity of South AfricaLicensing private outer space activities 95Yanal Abul FailatFasken Martineau LLPProperty and ownership in outer space 129Wian ErlankNorth-West UniversityUniverse exploration and colonisation 161Thomas CheneyAstrobiologyOU and the OU Law School, The Open UniversityPlanetary protection 175Michelle LD HanlonUniversity of Mississippi School of Law & Center for Air and Space LawThe exploitation of natural resources in outer space 199Philip De ManUniversity of LeuvenRegulation of artificial satellites 219Christopher J NewmanNorthumbria UniversityRegulation of remote sensing activities 239Carlo GoldaMaria Elena De MaestriUniversity of GenoaLegal regulation of satellite navigation systems 271Elizabeth TiarksNorthumbria UniversityRegulation of satellite constellations 285Lauren NapierChristopher J NewmanNorthumbria UniversityRegulation of the space tourism sector 301Yanal Abul FailatFasken Martineau LLPAnél Ferreira-SnymanUniversity of South AfricaFinancing space activities 347Mathieu LuinaudWilliam RicardLuigi ScatteiaPwC Advisory France, Space PracticeIntellectual property law in the context of climate change 371Anja Nakarada Pecˇujlic´EnduroSatEnvironmental responsibility for space debris 391Anél Ferreira-SnymanUniversity of South AfricaInternational trade aspects of outer space activities 429Sina KimiagarChiara C KlauiThomas J McCarthyAkin Gump Strauss Hauer & Feld LLPBrad PowellRelativity Space, IncCyber operations in outer space 461Heather A Harrison DinnissSwedish Defence UniversityThe extraterritorial application of human rights instruments in outer space settlements 475Gerrit FerreiraNorth-West UniversityAnél Ferreira-SnymanUniversity of South AfricaEvidence from space in cases before international courts and tribunals 505Damian M BielickiKingston University LondonDispute resolution 519Nicholas GouldFenwick Elliott LLPAbout the authors 547Index 557About Globe Law and Business 575