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The Development Of Outer Space

Author: Thomas Gangale
Publisher: Praeger Publishers
ISBN: 9780313378232
Size: 12.29 MB
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This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own.

Who Owns The Moon

Author: Virgiliu Pop
Publisher: Springer Science & Business Media
ISBN: 1402091354
Size: 68.65 MB
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This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.

Proceedings Of The 12th Reinventing Space Conference

Author: Scott Hatton
Publisher: Springer
ISBN: 3319340247
Size: 73.24 MB
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The proceedings of the 2014 Reinventing Space conference present a number of questions in the context of a constantly innovating space industry, from addressing the future of global cooperation, investigating the impact of cuts in US government spending on the private space sector, and probing the overall future of the commercial launch sector. Space tourism and new technology promise the revival of interest in space development (the Apollo Era was the first period of intense space activity and growth). The need to create dramatically lower cost, responsive and reliable launch systems and spacecraft has never been more vital. Advances in technology are allowing smaller and cheaper satellites to be orbited - from cubesats to nanosatellites to femtosatellites. Thanks to more efficient new launch possibilities, low cost access to space is becoming ever more achievable. Commercial companies and countries are targeting the industry with new funding. Organised by the British Interplanetary Society, the presentations at this conference thoroughly address these challenges and opportunities.

Studies In International Space Law

Author: Bin Cheng
Publisher: Clarendon Press
ISBN:
Size: 70.15 MB
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This is a major new work on International Space Law by an author who has perhaps contributed more than any other scholar to its development. In it he examines the whole of the regime of international law and space law including the role of the United Nations, the legal status of outer space, astronauts and out of space objects, the military use of outer space, the commercial uses of outer space and in particular the emerging law relating to satellites and telecommunications, including the increasingly vexed problems of international responsibility and liability for national activities in space. A number of the chapters in this book have previously been published as essays in law journals and as chapters of books but this is the first time that all these major pieces appear together and the opportunity has been taken to revise and update where appropriate.

Defining The Limits Of Outer Space For Regulatory Purposes

Author: Olavo Bittencourt Neto
Publisher: Springer
ISBN: 3319166859
Size: 31.65 MB
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With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

An Introduction To Space Law

Author: Isabella Henrietta Philepina Diederiks-Verschoor
Publisher: Kluwer Law International
ISBN: 9041126473
Size: 67.24 MB
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The enormous growth during the last decade of outer space operations like direct broadcasting by satellite and the exploration of natural resources by remote sensing satellites have brought space law into dramatic prominence among the fields of international law. International, because the fundamental principle of space law since the cornerstone Outer Space Law of 1967 clearly requires that outer space and celestial bodies are free for exploration and use by all states in conformity with international law and are not subject to national appropriation. It is in light of the many new considerations now falling under the scope of international law because of their connection with space that this new edition of the best-known handbook in the field now appears.

The International Law Of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Size: 46.30 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

The Protection Of Intellectual Property Rights In Outer Space Activities

Author: Tosaporn Leepuengtham
Publisher: Edward Elgar Publishing
ISBN: 1785369628
Size: 70.22 MB
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This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.

Space Law

Author: Francis Lyall
Publisher: Routledge
ISBN: 1317051963
Size: 49.13 MB
Format: PDF
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The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.

Property And Sovereignty

Author: Professor James Charles Smith
Publisher: Ashgate Publishing, Ltd.
ISBN: 140948470X
Size: 80.37 MB
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This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.