Air and Space Law

Routledge Handbook of Commercial Space Law

Edited by Lesley Jane Smith · Ingo Baumann · Susan-Gale Wintermuth
Routledge July 2023

Specifications

ISBN-13
9781032100746
Publisher
Routledge
Publication
July 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The Routledge Handbook of Commercial Space Law provides a definitive survey of of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services- dominated market. This handbook is a detailed reference source of original articles which analyze and critically evaluate the scope of the current paradigm change, and explaining why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities.

With contributions from a selection of highly regarded and leading scholars and practitioners in Commercial Space Law field, and the inclusion of salient documents, regulatory and contractual documents, the Routledge Handbook of Commercial Space Law is an essential resource for students, scholars and practitioners who are interested in the field of Commercial Space Law.

Table of Contents

Foreword
Preface
Introduction
Contributors

I. GENERAL FRAMEWORK AND BOUNDARY CONDITIONS
A. Changing institutional roles in space policy
Towards a new legal ecosystem for the exploitation of space (Philippe Clerc)
The EU Regulation for the Space Programme - a new framework for EU Space Activities (Kamlesh Brocard).
Commercial Space Activities in the U.S.: An overview of current policy and regulatory framework (Catrina Melograna and Christopher D. Johnson)
B. Fostering NewSpace: finance models and favourable jurisdictions
NewSpace companies: incorporating and financing operations (Catherine Doldirina and Susan Wintermuth)
The Space Protocol of the Cape Town Convention – A tool to promote greater commercialisation and private financing in the space sector (Hamza Hameed and Anna Veneziano)
C. The international legal framework for licensing space activities – innovative examples
Canada: Past, current, and future space law and policy perspectives (Maria Rhimbassen)
Japan: National space law and licensing of commercial space activities (Souichirou Kozuka)
Australia and New Zealand: National space law and licensing of commercial space activities (Joel Dennerley and Maria Pozza)
Practical experiences with Finland’s national space legislation and lessons learned (Jenni Tapio)
Russia: Framework and licensing requirements for commercial space activities (Olga Volynskaya)
China: How China incorporates commercial space activities within its national space law instruments (Yun Zhao)
India: Developments in the regulation of the commercial space sector (Ranjana Kaul)
D. Fostering innovation through competition and public procurement
The EU and ESA rules on public procurement (Oliver Heinrich and Jan Helge Mey)
Procurement by ESA in times of pandemic crises (Stefano Fiorilli)
NewSpace Growth Through NASA’s Contractual and Other Transaction Authorities (Julie Jiru and Allison Genco)
Public-private partnership for R&D in space activities in Japan – Issues on the procurement and contract approaches to promote new entrants (Mizuki Tani)

II. SPECIFIC MARKETS
A. Commercial space solutions for earth observation data and space applications
1. Selling space-based products and services to the U.S. government (Kevin Pomfret)
2. Regulation of commercial Earth observation systems and data (Ingo Baumann and Erik Pellander)
B. Large constellations – frequencies, registration, and interference
Licensing and market barriers for global satellite constellations – a satellite operator's practical experiences (Ruth Pritchard-Kelly)
Registration requirements for satellites and the reality of large constellations (Bernhard Schmidt-Tedd)
C. New launchers, small launchers, space ports, and space tourism
How the insurance market can provide new and effective solutions for NewSpace technologies and services (Cecile Gaubert)
Legislating for spaceports, commercial space markets, and space tourism (Lesley Jane Smith, Ruairidh J. M. Leishman, Alan Thompson)
D. Space Mining
National and international norms towards the governance of commercial space resource activity (Tanja Masson-Zwaan and Mark J. Sundahl)
E. Specific aspects of smart contracts and blockchain technology
Blockchain and Smart Contracts in Space Operations (PJ Blount and Giulia de Rossi)
Agile Contracts for Space Projects (Gerhard Deiters)

 
III. CROSS-CUTTING ITEMS AND CHALLENGES
A. International standards and export control
Export control and NewSpace: reciprocal challenges (Matthias Creydt, Lisa Gräfin von der Schulenburg)
B. Active debris removal, on-orbit servicing, and space traffic management
Towards Space Traffic Management (Holger Krag and Lesley Jane Smith)
Future regulatory and licensing trends for active debris removal and on-orbit servicing in the UK and US (Jason Forshaw and Laura Cummins)
Legal Aspects of Ground-Based Infrastructure for Space Situational Awareness (Olga Batura and Regina Peldszus)
C. Long-term sustainability and the changing nature of space law (cybersecurity)
Space Cybersecurity and US Law (PJ Blount)
New Space and ensuring long-term sustainability of the space environment (Gina Petrovici and Ulrike Bohlmann)
Ensuring space sustainability through national space legislation (Dr. Ingo Baumann & Erik Pellander)
D. Outlook (Adriana Marais)

Index
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