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.

"Historically, strategic restraint was the dominant approach among nations active in outer space, all of whom understood that continued access to and use of space required holding back on threats or activities which might jeopardize the status quo of peace in space. However, recently there has been a discernible shift in international rhetoric towards a more offensive approach to defense in space. The U.S. move towards establishing a "Space Force" has been echoed by similar announcements in France and Japan. India launched an anti-satellite weapon test and announced proudly that it thereby joined the elite group of China, Russia and the U.S., who have all demonstrated this capability in the past. And as technologies in space advance, along with our terrestrial dependence on space-based systems for our peaceful civilian lives and for support of terrestrial warfare, the political stability of this vulnerable environment comes under threat. These factors, combined with a lack of transparency about actual capabilities and intentions on the part of all major players in space, creates a cyclical escalation which has led some commentators to describe this as a return to a Cold War-type arms race, and to the foreseeability of a space-based conflict. Due to many unique characteristics of the space domain, an armed conflict in space would be catastrophic for all players, including neutral States, commercial actors, and international civil society. Due to the specificity of the space domain, specialized expertise must be provided to decision-makers, and interdisciplinary opinions must be sought from a multitude of stakeholders. To that end, this volume provides a wide spectrum of perspectives from experts who have engaged together at a conference hosted by the Center for Ethics in the Rule of Law to discuss these issues. Ethical, legal and policy solutions are offered here by those with experience in the space sector, including academia, legal practitioners, military lawyers and operators, diplomats and policy advisors"--

The book analyses a broad range of relevant aspects as the outer space and cyber space domain do not only present analogies but are also strongly interrelated. This may occur on various levels by technologies but also in regard to juridical approaches, each nevertheless keeping its particularities. Since modern societies rely increasingly on space applications that depend on cyber space, it is important to investigate how cyberspace and outer space are connected by their common challenges. Furthermore, this book discusses not only questions around their jurisdictions, but also whether the private space industry can escape jurisdiction by dematerializing the space resource commercial processes and assets thanks to cyber technology. In addition, space and cyberspace policies are analysed especially in view of cyber threats to space communications. Even the question of an extra-terrestrial citizenship in outer space and cyberspace may raise new views. Finally, the interdependence between space and cyberspace also has an important role to play in the context of increasing militarization and emerging weaponization of outer space. Therefore, this book invites questioning the similarities and interrelations between Outer Space and Cyber Space in the same way as it intends to strengthen them.

In the wake of the euphoria consequent to the Soviet space forays and the US landing on the moon, innovative space law evolved rather rapidly in just two decades and then came a stalemate. In this hasty growth of nascent space law, some gaps remained, some inadvertently due to lack of vision and some deliberately, due to lack of consensus or because half-baked concepts remained pending till the achievement of a better understanding of space phenomena or development of supportive technology. These issues have since started jumping to centre-stage and this book falls in this niche of deficiencies. A few challenges and unresolved contingencies that stare us in the face, needing to be addressed suitably, are space jurisprudence in jus cogens of space law, pointers on policy issues for India, hesitancy to incorporate international cooperation in domestic space statutes, futility of reiteration of the Convention Law in International Codes of Conduct as soft law adjuncts, absence of a legal regimen governing mining on asteroids by private enterprises, explication of the concept of Common Heritage of Mankind and modalities for sharing of benefits between nations, procedure for nomination of an astronaut as an envoy of mankind in space by name or designation to avoid confusion in the eventuality of multiple astronauts of multiple nationalities, all being at one place at the same time, et al. This book is a modest effort to help resolve issues in that direction.

This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.