This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University

Focuses on the modern Mexican-American borderlands, where a boundary line seems to separate two dissimilar cultures and economies.

The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, and uncertain eco-sustainability. The prolonged legal stalemate cannot be treated simply as an academic question, for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book evaluates the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, and analyzing lessons learned. It makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, and ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.

Dopo decenni di grande sviluppo del settore digitale, assistiamo a una rinnovata attenzione per lo spazio di soggetti pubblici e privati, con la simultanea presenza di interessi nazionali strategici di difesa e geopolitici e interessi commerciali rivolti al profitto. Il diritto dello spazio si caratterizza per un nocciolo internazionalistico, ma, oggi, non può più essere semplicemente definito come una branca del diritto internazionale. Vi sono problemi e complicazioni dovuti alla presenza di interessi differenti e di culture giuridiche differenti che richiedono uno sforzo significativo di compromesso e apertura mentale per essere riconciliati con comune soddisfazione, per ottenere la cooperazione e l'adesione pacifica alle soluzioni adottate da parte di tutti i soggetti coinvolti. L'evoluzione tecnologica e il conseguente crescente ruolo dell'economia dello spazio richiedono, a tutti i livelli nazionali e internazionali, regole giuridiche più dettagliate e sicure. Contributi presentati alla conferenza "Comparative Visions in Space Law" sono stati selezionati per questo libro, riflettendo l'approccio trasversale che ha caratterizzato il convegno: dialogo tra una molteplicità di esperienze giuridiche e di discipline, dando vita a nuovi orizzonti di collaborazione indispensabili per capire le poste in gioco economiche, geopolitiche e diplomatiche del diritto dello spazio, i suoi aspetti tecnici e le sue difficoltà. DOI: 10.13134/979-12-5977-376-0

This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.

Outer space is subject to a legal framework; there is a set of rules specifically dedicated to outer space and to the activities carried out there. These rules have developed since 1957, the year the first artificial satellite was launched. Major changes have also affected the technology used and the actors involved, as well as the domains concerned by the exploration and use of outer space. Space Law will lay out the progressive densification of the legal framework that is applicable to outer space and the activities that are carried out there. Without claiming to be exhaustive, the aim of this book is to present the main primary sources of space law, its main principles, the diversity of its fields of application and the challenges and issues that the development of space activities inevitably raises.

The proliferation of counterspace weapons across the globe often calls into question what can be done to best protect satellites from attack. This analysis from the CSIS Aerospace Security Project addresses different methods and technologies that can be used by the United States government, and others, to deter adversaries from attack. A wide range of active and passive defenses are available to protect space systems and the ground infrastructure they depend upon from different types of threats. This report captures a range of active and passive defenses that are theoretically possible and discusses the advantages and limitations of each. A group of technical space and national security experts supported the analysis by working through several plausible scenarios that explore a range of defenses that may be needed, concepts for employing different types of defenses, and how defensive actions in space may be perceived by others. These scenarios and the findings that resulted from subsequent conversations with experts are reported in the penultimate chapter of the report. Finally, the CSIS Aerospace Security Project team offers conclusions drawn from the analysis, actionable recommendations for policymakers, and additional research topics to be explored in future work.