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  • 1
    Language: English
    In: Acta Astronautica, December 2013, Vol.92(2), pp.243-254
    Description: In the context of the FAST20XX project (Future High-Altitude High-Speed Transport) that started in 2009 under the 7th Framework Programme of the European Union (EU), the authors reexamined the legal status of private human suborbital flight, and researched whether it might be regulated as aviation or as spaceflight. International space law is ambiguous as to accommodating suborbital activities. While some provisions of the UN outer space treaties would seem to exclude them, generally there is not any explicit condition in terms of reaching orbit as a requirement for application. International air law presents equal difficulties in dealing with this activity. The classic definition of “aircraft” as contained in the Annexes to the Chicago Convention does not really encompass the kind of rocket-powered vehicles that are envisaged here. As a result, it is unclear whether the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), the International Civil Aviation Organization (ICAO), or both could be involved in an eventual international regulation of suborbital flight. In the absence of a uniform international regime, each state has the sovereign right to regulate human suborbital flights operating within its airspace. So far, two practical solutions have been realised or proposed, and will be analyzed. On the one hand, the USA granted power for regulation and licensing over private human suborbital flight to the Office of Commercial Space Transportation of the Federal Aviation Administration (FAA/AST). Subsequent regulations by the FAA have set out a series of requirements for companies that want to operate these flights, enabling a market to develop. On the other side of the Atlantic, both the European Space Agency (ESA) and a group of representatives of the European Aviation Safety Agency (EASA) of the European Union (EU) seem to rather regard this activity as aviation, potentially subject to the regulation and certification competences of EASA, although recent developments may indicate a changed view. Due to these differences, it is uncertain when this activity will be considered aviation and when it will be considered as spaceflight. However, the characterization as either of these has important consequences for the industry and for a stable regulatory landscape. In the longer term, from an international and a European perspective, the best solution for regulation may be to create a legal regime specifically addressing the particular nature of suborbital flight. Suborbital transportation is neither aviation nor spaceflight; it is rather something in between. A new legal regime would be able to combine notions of both air and space law, in order to overcome and resolve the current deficiencies of each discipline. ► Private human suborbital flight is neither spaceflight nor aviation. ► Possible roles for UNCOPUOS and ICAO in regulating suborbital flights. ► Addresses US regime and situation in Europe (EU, ESA, EASA, member states). ► Adoption of initial light-touch approach is preferable to immediate certification. ► In future a sui generis legal regime is best, combining features of air/ space law.
    Keywords: Space ; Air ; Law ; Suborbital ; Europe ; Engineering ; Law
    ISSN: 0094-5765
    E-ISSN: 1879-2030
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  • 2
    Language: English
    In: Acta Astronautica, 2010, Vol.66(11), pp.1597-1607
    Description: Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy. The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities. This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the ‘exploration and use of outer space […] shall be carried out for the benefit and in the interests of all countries […] and shall be the province of all mankind’. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.
    Keywords: Space Law ; Space Tourism ; Private Human Access to Space ; Engineering
    ISSN: 0094-5765
    E-ISSN: 1879-2030
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  • 3
    Language: English
    In: Acta Astronautica, December 2013, Vol.92(2), pp.125-128
    Keywords: Engineering
    ISSN: 0094-5765
    E-ISSN: 1879-2030
    Source: ScienceDirect Journals (Elsevier)
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  • 4
    Language: English
    In: Space Policy, May 2014, Vol.30(2), pp.75-82
    Description: The EU 7th Framework Project FAST20XX [1] aimed to enlarge the foundations of suborbital high-speed transportation in a wide variety of fields. One of the key issues of this project was to outline a desirable regulatory framework that would best serve the interests of all European stakeholders in this new activity. The US Federal Aviation Administration (FAA) has issued a series of requirements for operators of commercial suborbital flights under the 2004 Commercial Space Launch Amendments Act (CSLAA), enabling the corresponding market to develop. These regulations were initially valid until 2012 but have now been extended until 2015. In Europe, practical and successful attempts to fly experimental vehicles of this kind do not yet exist. However, several developments indicate that it is becoming urgent to pay attention to this potential new industry and find ways to regulate it in a safe yet flexible manner. Although the European Aviation Safety Agency (EASA) explored the possibility in 2008 to prepare for a certification approach under the concept of “Suborbital Aeroplanes” (SoA), this initiative was put on hold in 2011, and a final decision by the European Commission is still pending. This paper highlights some of the research performed by the authors towards the establishment of a roadmap for future regulation of suborbital flight in Europe. In particular, it will present results of a survey carried out among stakeholders, including operators and manufacturers of vehicles, spaceports, national and European regulators, insurers and brokers, consultants, users and lobbyists. The paper also presents results from the workshop on the future regulatory framework for suborbital flights in Europe, which was co-organised by the present authors and held in Brussels in October 2012.
    Keywords: Sub-Orbital Flight ; Space Law ; Space Policy ; Fast20xx ; Engineering
    ISSN: 0265-9646
    E-ISSN: 1879-338X
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  • 5
    In: Space Policy, August, 2001, Vol.17(3), p.219
    Description: Many eminent space lawyers gathered in Singapore to attend the first space law conference to be held in South East Asia. Topics for discussion--which included commercialization of space activities and its effect on the needs of developing countries, and the legal issues of expanding communications and navigation satellite services--were of particular interest to the region. This report summarizes the presentations in each session and presents the conclusions and recommendations--such as the need for a legal instrument to regulate remote sensing--produced.
    Keywords: Developing Countries -- Science And Technology Policy ; Science Policy -- Planning ; Remote Sensing -- Laws, Regulations And Rules
    ISSN: 0265-9646
    Source: Cengage Learning, Inc.
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  • 6
    Language: English
    In: Journal of Space Law, Spring, 2006, Vol.32(2), p.421-445
    Keywords: Space Law -- Reports
    ISSN: 0095-7577
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  • 7
    Language: English
    In: Space Policy, 2001, Vol.17(3), pp.219-225
    Description: Many eminent space lawyers gathered in Singapore to attend the first space law conference to be held in South East Asia. Topics for discussion—which included commercialization of space activities and its effect on the needs of developing countries, and the legal issues of expanding communications and navigation satellite services—were of particular interest to the region. This report summarizes the presentations in each session and presents the conclusions and recommendations—such as the need for a legal instrument to regulate remote sensing—produced.
    Keywords: Engineering
    ISSN: 0265-9646
    E-ISSN: 1879-338X
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  • 8
    Language: English
    In: Advances in Space Research, 2012, Vol.49(1), pp.2-48
    Description: In response to the growing importance of space exploration in future planning, the Committee on Space Research (COSPAR) Panel on Exploration (PEX) was chartered to provide independent scientific advice to support the development of exploration programs and to safeguard the potential scientific assets of solar system objects. In this report, PEX elaborates a stepwise approach to achieve a new level of space cooperation that can help develop world-wide capabilities in space science and exploration and support a transition that will lead to a global space exploration program. The proposed stepping stones are intended to transcend cross-cultural barriers, leading to the development of technical interfaces and shared legal frameworks and fostering coordination and cooperation on a broad front. Input for this report was drawn from expertise provided by COSPAR Associates within the international community and via the contacts they maintain in various scientific entities. The report provides a summary and synthesis of science roadmaps and recommendations for planetary exploration produced by many national and international working groups, aiming to encourage and exploit synergies among similar programs. While science and technology represent the core and, often, the drivers for space exploration, several other disciplines and their stakeholders (Earth science, space law, and others) should be more robustly interlinked and involved than they have been to date. The report argues that a shared vision is crucial to this linkage, and to providing a direction that enables new countries and stakeholders to join and engage in the overall space exploration effort. Building a basic space technology capacity within a wider range of countries, ensuring new actors in space act responsibly, and increasing public awareness and engagement are concrete steps that can provide a broader interest in space exploration, worldwide, and build a solid basis for program sustainability. By engaging developing countries and emerging space nations in an international space exploration program, it will be possible to create to support program continuity in the development and execution of future global space exploration frameworks. With a focus on stepping stones, COSPAR can support a global space exploration program that stimulates scientists in current and emerging spacefaring nations, and that will invite those in developing countries to participate—pursuing research aimed at answering outstanding questions about the origins and evolution of our solar system and life on Earth (and possibly elsewhere). COSPAR, in cooperation with national and international science foundations and space-related organizations, will advocate this stepping stone approach to enhance future cooperative space exploration efforts.
    Keywords: Space Exploration ; Planetary Protection ; International Cooperation ; Engineering ; Astronomy & Astrophysics ; Physics
    ISSN: 0273-1177
    E-ISSN: 1879-1948
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  • 9
    In: 한국항공우주정책·법학회지, 2010, Vol.25(1), p.237
    Description: This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that...
    Keywords: International space Law; Outer space; International space station; ISS; Space debris; Space resorces; Space tourism; Private property right; Militarization
    ISSN: 1598-8988
    Source: KSI (Hanguk Haksul Chungbo)
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  • 10
    In: 한국항공우주정책·법학회지, 2010, Vol.25(2), p.231
    Description: This paper starts with a brief overview of the history of the European Space Agency and recalls some of its main features. Next, the gradual process of cooperation between ESA and the EU is outlined, leading to the creation of the Framework Agreement in 2004 and the adoption of the European Space Policy in 2007. The entry into force of the Lisbon Treaty in 2009 codified the space competence of the EU, and its implications are addressed. Lastly, some attention is paid to the issue of space security in Europe, through ESA`s new SSA programme adopted in 2008, and to the relevance of the EU Council initiative for a Code of Conduct for Outer Space Activities in 2008. The paper ends with some conclusions.
    Keywords: Space Law; ESA; EU; European Space Policy; Lisbon Treaty; space security; EU Code of Conduct
    ISSN: 1598-8988
    Source: KSI (Hanguk Haksul Chungbo)
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