Category: Space Law

Emerging Topics in Space Law

ISPL Faculty members Professor Dempsey and Dr Jakhu report that the the Institute of Air and Space Law of McGill University will present a seminar on emerging space issues in May, 2014 in Melbourne. Professor Paul Dempsey is Director of the Institute of Air and Space Law, and Dr Ram Jakhu is Associate Professor.

The Seminar will take place on Wednesday May 7, 2014 at the Annual Air Law Conference of the Aviation Law Association of Australia and New Zealand (ALAANZ). The conference will run from May 7 to 9, 2014.

ALAANZ was established in 1980, with the aim of developing the practice of the law affecting the aviation industry and the exchange of information about aviation law. ALAANZ has some 350 members in Australia, New Zealand and other countries. There are branches in New South Wales, Victoria, Queensland, the Australian Capital Territory and New Zealand. For more information about ALAANZ see their website.

For more information about the McGill Seminar and their other events, contact Ram at ram.jakhu@mcgill.ca.

Space Commerce Presentations

ISPL Faculty member Tanja Masson-Zwaan and Professor Sa’id Mosteshar, ISPL Director, addressed the International Space Commerce 2013 Summit in London on 29 October 2013.

Tanja is President of the International Institute of Space Law (IISL) and Deputy Director of the International Institute of Air and Space Law, Leiden Law School. She spoke about Regulation of small satellite under international and national space law. Her presentation covered the following areas.

Benefits and concerns of small satellites
International space law applicable to small satellites
Tendencies in national regulation of small satellites, with a focus on Europe
Considerations in the UN and ITU
Prospects for adequate regulation of small satellites

Sa’id’s talk was entitled Managing conflict: The laws and regulations of commercial participation in space. He addressed regulation and compliance, policy formulation and implementation, security and access, and considered some topical issues including debris mitigation and remediation, earth observation, ownership change and on-orbit service, and exploitation of resources. He considered the future legal framework and briefly discussed international solutions, guidelines and best practice.

For more information about the conference, including sponsors and other speakers, download the agenda here.

ISPL Congratulates The Winner of the 2013 Lachs Moot

The 2013 Manfred Lachs Space Law Moot Court Competition was won by the team from Georgetown University, Washington DC, USA. The International Institute of Air and Space Law, Leiden University, the Netherlands was runner-up. Semi-finalists were the University of Pretoria, South Africa and National Law University (Delhi), India.

ISPL congratulates the members of these teams, their supporters and sponsors, as well as the other teams that competed. “The Lachs Moot is a tremendous challenge for students of space law, and the quality of the entrants is always extremely high. The competing teams deserve considerable praise for their dedication and hard work.”

The World Finals were held at the Beijing Institute of Technology Law School, Beijing, China on 26 September 2013. Total participating universities numbered 60 from four regions. The 2013 problem was the Case Concerning the Operation of a Lunar Station (Lydios v Endymion), written by Professor Setsuko Aoki, Japan.

For more information about the awards, past and present, including the names of this year’s top teams and judges, see the IISL website.

For those considering entering the competition, the problem has been set for the 2014 Moot.

Space Law Short Course (CPD)

ISPL offered an introduction to space law and policy in a short course in April and May 2013. Non-lawyers and lawyers in other fields found it of interest, as did professionals and students in many disciplines. Details of the Spring 2013 course are available here.

The Space Law and Policy course is intended for professionals desiring a good understanding of national, European, and international space law, and for students interested in broadening their education. It is a requirement for non-lawyers wishing to pursue a higher degree with ISPL. ISPL is a CPD provider for Barristers and Solicitors.

Future Space Law Courses will be advertised to those on our Events Notification list, and to those who have expressed interest in attending. Please fill in our Events Notification Form if you would like to be notified of future courses.

Tags CPD, London, Short Course, Space Law, Space Policy

ISPL Seminar at European Space Solutions

On Tuesday, 4 December 2012 ISPL held a Seminar at European Space Solutions. The Seminar examined the qualities of systems, procedures, handling, treatment and processing of space-derived data and information against the needs of the diplomatic and legal communities. It gave an indication of what needs to be provided and how it can best be used. Examination of two particular applications provided context for the issues discussed.

Space-derived data can supply useful and at times the only record of the state of affairs at a particular time and location. This ability to provide objective evidence can be invaluable in the enforcement of laws and international commitments, such as carbon emission reduction, as well as resolving diplomatic disputes. However, in the use of such information as legal evidence a number of procedural and substantive criteria must be met. Information that meets the legal criteria can be strongly persuasive in a host of circumstances, not least as an aid to diplomatic negotiations.

Lawyers, judges, diplomats, humanitarian aid providers, as well as those involved in the collection, treatment and interpretation of space-derived data found the Seminar of particular interest.

Click here for the Seminar Program: ISPL Space Solutions Seminar 2012

European Space Solutions was a major 3-day conference, exhibition and business support event. The event brought together business, the public sector, as well as users and developers of space-based solutions to explore how space can make a real difference to the lives, and livelihoods, of people across Europe.   Events included half-day workshops on subjects such as Agriculture, Environmental Monitoring, Ship & Vessel Management and Insurance & Financial Services. Speakers included Antonio Tajani, Vice-President of the European Commission responsible for Industry and Entrepreneurship, Sir Richard Branson, Chairman of the Virgin Group, and the Rt Hon David Willetts MP, Minister of State for Universities and Science.

The European Space Expo complemented the conference, a state of the art, interactive public exhibition showcasing the many benefits that EU space programs bring to Europe.

Presentations, including audio files, will shortly be posted on our site.

Evidence from Space: Workshop

A Workshop was held on Tuesday, 5 October as part of the Study for the European Space Agency exploring the evidential value and conditions for use of satellite-derived information in administrative and judicial settings.

Delegates were given a briefing document shortly before the workshop, laying out the areas to be covered and summarising some of the issues that were likely to arise.

The program began with an explanation of the aims of the study, followed by a presentation on the nature of legal evidence. The capabilities of satellite systems were discussed, in areas including land motion measurement, pollution and oil spill. Next, papers were presented on cases in which satellite-derived information has been used, including agricultural subsidy claims. A summary of evidential law in a variety of jurisdictions was then covered, highlighting similarities and differences in admissibility and standards of proof.

The results of a study on the use of satellite information in Australia were presented.

Two case studies were then presented. The first took a form similar to a moot. Details of a hypothetical land subsidence dispute were described and the presenters took the position of plaintiff’s advocates, with the participants acting as judges and lawyers for the defendant. The second case involved a hypothetical oil spill, with participants acting as lawyers advising the various parties involved.

There followed a panel discussion with questions, answers and debate from the floor. Issues identified during the day were discussed, and areas requiring further study were touched upon.

A number of issues arose in relation to the collection, collation and processing of satellite-derived information, how it could be adapted to meet specific needs, and how to overcome limitations so as to facilitate its greater use as evidence.

88 high-level legal, administrative and technical experts took part in the Workshop. The dialogue was documented by a large number of technical and legal rapporteurs, as well as an audio recording. These will be combined with the records of the Study Team to produce Proceedings of the Workshop in the near future.

The Institute’s Study Team will carry out further research and dialogue before preparing a report on its findings, to be presented early next year.

See Workshop Report.

See Workshop program, case studies and attendance list.

See Workshop Information Package.

Evidence from Space: ESA EO Project Extension

Evidence from Space EO Research

Earth Observation (EO) information as evidence in courts and tribunals

ESA has indicated its willingness to extend the Earth Observation Project Evidence from Space, currently being conducted by the Institute’s faculty and associated researchers. The Institute is delighted and welcomes this development. An extension will allow the scope of the study to be enlarged, and for further issues to be considered.

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Space Tourism at King’s College London

Space Tourism Module for KCL

The Institute has agreed to provide a taught module on legal and policy aspects of space tourism for the Space Physiology & Health MSc course at King’s College London. “We are very pleased to have been asked and look forward to greater cooperation with King’s College. This collaboration is a great example of how we can contribute to the education of the next generation of space professionals,” said the Director.

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