Law and Policy Above the Sky
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EUROPEAN TRAJECTORIES IN SPACE LAW
By Jean-Louis van de Wouwer ">
_\"THERE ARE SO MANY BENEFITS TO BE DERIVED FROM SPACE EXPLORATION
AND EXPLOITATION; WHY NOT TAKE WHAT SEEMS TO ME THE ONLY CHANCE OF
ESCAPING WHAT IS OTHERWISE THE SURE DESTRUCTION OF ALL THAT HUMANITY
HAS STRUGGLED TO ACHIEVE FOR 50,000 YEARS?\"_
-- Isaac Asimov, speech at Rutgers University
SPACE EXPLORATION AND EXPLOITATION ARE HAPPENING NOW!
WITH ALL THEIR LEGAL PROBLEMS
… IT IS TIME TO ACT
Space-Law.net And Homes International Bring You European Trajectories
In Space Law, In A Joint Publication With _Bruylant _and The _Office
For The Official Publications Of The European Union_.
European Trajectories In Space Law Gives A Thorough Account Of The
Most Recent Developments In The Fields Of space Law And Policy And
Contributes To A Prior Objective, I.e. The Awareness That Space Policy
Is One Of The Key Elements Of Europe’s Importance In The World.
European Trajectories In Space Law Describes three Distinctive Phases
In Space Law In Order To Highlight The Problems Authorities And Actors
In Space Must Be Aware Of For The Future: The Period Before 1960, The
Period Between 1960 And Ca. 2000 And The Period Which Starts From Ca.
2000 On.
_“THIS BOOK ELABORATES ON THREE DIFFERENT PERIODS OF OUTER SPACE
LAW: THE TIMES BEFORE 1960, THE YEARS BETWEEN 1960-2000, AND AFTER
2000. A GOOD OVERVIEW OF THE OVERALL DEVELOPMENT OF OUTER SPACE LAW IS
PROVIDED. THE BOOK CONCLUDES THAT OUTER SPACE HAS BECOME A KEY FACTOR
OF EUROPEAN FOREIGN POLICY. YET, THIS DOES NOT MEAN THAT THE EU IS
INTERESTED IN A MILITARIZATION OF OUTER SPACE, RATHER THAT IT WILL
SEEK TO PREVENT THIS FROM HAPPENING IN ORDER TO MAXIMIZE ITS SECURITY.
THE EUROPEAN STATES WOULD BEST ACHIEVE THEIR GOAL IF THEY WERE ABLE TO
MAINTAIN A COMMON, UNIFIED POSITION.”_
-- The 2009 National Model United Nations (NMUN), Position Paper for
General Assembly Plenary
During the FIRST period, before 1960, it became apparent that space
law had to be assessed under a separate international legal framework;
space is not a location but a source of activities which have to be
regulated, and under many aspects a prolongation of air law.
With respect to principles, the principle of liberty of space –
extended to celestial bodies – was internationally accepted under
the auspices of the United Nations. This was consolidated by the
principle of liberty of access by two other conventions. Furthermore,
it was accepted that only civilian developments could take place in
space, space law being a branch of international law.
_“THIS BOOK ON EUROPE’S TRAJECTORIES IN SPACE LAW IS PUBLISHED
AT THE RIGHT TIME. THIS DOCUMENT GIVES A THOROUGH ACCOUNT OF THE MOST
RECENT DEVELOPMENTS IN THIS FIELD AND CONTRIBUTES TO A PRIOR
OBJECTIVE, I.E. THE AWARENESS THAT SPACE POLICY IS ONE OF THE KEY
ELEMENTS OF EUROPE’S IMPORTANCE IN THE WORLD.”_
-- Prof. Philippe Busquin, European Commissioner in charge of
research between 1999 and 2004; Member of the European Parliament
(Foreword)
During the SECOND period (1960 until ± 2000) a number of specific
treaties were proposed for signature by Member States of the United
Nations Organization:
* the Outer Space Treaty (1967);
* the Rescue Agreement (1968);
* the Liability Convention (1968);
* the Convention on Registration of Objects launched into outer
space (1974);
* the Conventions establishing and specifying the European Space
Agency (1975-1980);
* the International Telecommunication Union Convention (1973 and
developments);
* the Inter-Governmental Agreement on the International Space
Station (1988) with the commercial development plan proposed by NASA
(1998).
With space activity contributing remarkably to telecommunication
improvements, navigation systems by satellite navigation, remote
sensing, energy resources (solar power, etc.) as well as awareness of
space travel it became apparent that orbiting space debris and
pollution were of concern.
_“THE BOOK OFFERS A THOROUGH ACCOUNT OF THE DEVELOPMENTS OF SPACE
LAW, AND THE PROBLEMS STILL TO BE SOLVED THROUGH VALUABLE COMMENTS OF
THE AUTHORS. IT COVERS IN PARTICULAR THE ROLE OF EUROPE AND THE
COMMITMENT OF THE EUROPEAN UNION TO SPACE AS AN INTEGRAL PART OF ITS
POLICIES THAT WILL INFLUENCE THE DAY-TO-DAY LIFE OF EUROPEAN
CITIZENS.”_
-- Journaal Luchtrecht, August 2008 (LR 2008)
The THIRD period in space law starts around the millennium change.
Institutional convergence between the European Commission and the
European Space Agency, a White Paper on space policy (2003) and
reference made to space in the draft European Convention are great
steps forward.
Coherence is sought in matters of defence, satellite navigation
system, cooperation with third countries, reflexion on the
international role assigned to the International Space Station,
commercial private space travel, and developments in the International
Telecommunications Union. Multilateral solutions need to be found
against increasing environmental damage originating in space.
Insurance of space activities has to be adapted. Space competition,
claims and dispute resolution are other challenges.
Probably the most important concerns for European citizens are
“space security”, control of concentration in the aerospace
industry through sound EU procurement rules in relation to space
policy and a European independent common defence procurement platform.
Thus, space law requires new instruments and regulations which are
advocated strongly in this book.
_“...SPACE IS FOR EVERYBODY. IT'S NOT JUST FOR A FEW PEOPLE IN
SCIENCE OR MATH, OR FOR A SELECT GROUP OF ASTRONAUTS. THAT'S OUR NEW
FRONTIER OUT THERE, AND IT'S EVERYBODY'S BUSINESS TO KNOW ABOUT
SPACE.”_
-- Christa McAuliffe, STS-51L astronaut, December 6, 1985
“THE PERFECT COMPANION FOR THE SERIOUS SPACE ACHIEVER”
Space Law Is A Field Of Law Which Is Still In Its Infancy. It Is A
Field Where Things Are Changing And Developing Constantly At A
Tremendous Pace. European Trajectories In Space Law Is The Perfect
Companion For The Serious Legal Practitioners And Policy Makers Eager
To Take Part As Forerunners In The Development Of Space Law And To
Contribute In Shaping Humanity’s Future Beyond The Frontiers Of
Planet Earth.
DOWNLOAD A FREE OVERVIEW:
English
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Spanish
German
Italian
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Please note that the Table of Content is in English for all
languages.
WHAT YOU WILL GET IN THE BOOK:
« Core space law principles and instruments chronologically
explained and actualised from a true European perspective
« Cross-analysis of these principles with space policy fundamentals
(space law is highly dependent on space policy)
« Professional anticipation on Europe’s strategic vision for
space and its role in shaping this emerging field of international law
« Presentation of actual limitations and problems and author’s
comments/recommendations to tackle them
« Hints and suggestions for policy makers and space actors to
better cope with “regulations awareness”
« A complete set of supporting documents in annexes and extensive
list of references and links
« ... and much more!
_“IT'S HUMAN NATURE TO STRETCH, TO GO, TO SEE, TO UNDERSTAND.
EXPLORATION IS NOT A CHOICE, REALLY; IT'S AN IMPERATIVE.”_
-- Michael Collins, Gemini and Apollo astronaut
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_“THE GREATEST GAIN FROM SPACE TRAVEL CONSISTS IN THE EXTENSION OF
OUR KNOWLEDGE. IN A HUNDRED YEARS THIS NEWLY WON KNOWLEDGE WILL PAY
HUGE AND UNEXPECTED DIVIDENDS.”_
-- Professor Wernher von Braun
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