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Outer Space Law: Legal Policy and Practice, 2nd Edition

Outer Space Law: Legal Policy and Practice, 2nd Edition

Author: Yanal Abul Failat; Anél Ferreira-Snyman
Publisher: Globe Law and Business
ISBN: 9781787424821

Previous Edition ISBN: 9781911078197
Published In: April 2022
Format: Hardback , 495 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 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

Yanal Abul Failat, Fasken and Anél Ferreira-Snyman, University of South Africa

Foreword

Professor Tanja Masson-Zwaan, International Institute of Air & Space Law, Leiden Law School

International law governing outer space activities

Christopher Johnson, Secure World Foundation

National law governing outer space activities

Yun Zhao, University of Hong Kong

Delimitation of outer space and Earth orbits

Olavo de Oliveira Bittencourt Neto, Catholic University of Santos

Military activities in outer space

Anél Ferreira-Snyman, University of South Africa

Licensing private outer space activities

Yanal Abul Failat, Fasken

Property and ownership in outer space

Wian Erlank, North-West University, South Africa

Universe exploration and colonisation

Thomas Cheney, Centre for SpaceFaring Civilisation

Planetary protection

Michelle LD Hanlon, University of Mississippi

The exploitation of natural resources in outer space

Philip De Man, University of Leuven

Regulation of artificial satellites

Christopher J. Newman, Northumbria University

Regulation of remote sensing activities

Carlo Golda and Maria Elena De Maestri, University of Genoa

Regulation of satellite navigation systems

Dr. Elizabeth Tiarks, Northumbria University

Regulation of satellite constellations

Lauren Napier and Christopher J. Newman, Northumbria University

Regulation of the space tourism sector

Yanal Abul Failat, Fasken and Anél Ferreira-Snyman, University of South Africa

Financing space activities

Mathieu Luinaud, William Ricard and Luigi Scatteia, PwC Space Practice

Insuring outer space activities

Miguel Calvete, International Space Brokers Inc.

Intellectual property law in the context of climate change

Anja Nakarada Pecujlic, University of Cologne

Environmental responsibility for space debris

Anél Ferreira-Snyman, University of South Africa

International trade aspects of outer space activities

Sina Kimiagar, Chiara C. Klaui and Thomas J. McCarthy, Akin Gump Strauss Hauer & Feld LLP and Brad Powell, Relativity Space

Cyber operations in outer space

Heather A. Harrison Dinniss, Swedish Defence University

The extraterritorial application of human rights instruments in outer space settlements

Gerrit Ferreira, North-West University, South Africa and Anél Ferreira-Snyman, University of South Africa

Evidence from space in cases before international courts and tribunals

Damian M. Bielicki, Kingston University, London

Dispute resolution

Nicholas Gould, Fenwick Elliott LLP

Consulting editors: Yanal Abul Failat and Anél Ferreira-Snyman

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