Category: Sustainable Use of Outer Space

Policy & Regulatory Risk: Seminar IV-II

The final seminar of the Practitioner and Industry Seminar Series on Risks Associated with Space Activity was held on Thursday 27 October 2011 in London.

Seminar IV-II: Policy and Regulatory Risk

By its very nature, space activity can be more susceptible to risk than comparable terrestrial activity. Along with security and physical hazards associated with launch and debris, for example, there are significant additional business ramifications. There are risks specific to space commerce as a result of the long-term nature of the projects, and by virtue of their ultimate physical placement. The choice of technology and other design decisions are critical, because once an object is launched, alteration is difficult or impossible. In addition, the sector is notable for regulatory and policy variables which necessitate great care in planning to avoid unpredictability. There are also financial and insurance concerns specific to space ventures.

In this complex environment, it is essential to understand and quantify risk in undertaking a commercial space venture, its funding and insurance. In order to foster better understanding of these risks, and to encourage appropriate policy directions in all areas of the space sector, the Institute has brought together leading specialists to present a series of seminars on space risks and their insurance.

The aim of the series is to inform and engage those involved in space activities, policy makers and lawyers who advise them, as well as students and scholars in the field. Previous seminars attracted interested and stimulating participants, and were marked by insightful comments and policy suggestions.

The final seminar of the series dealt with policy and regulatory issues affecting areas other than those related to spectrum. Topics covered are set out in the program below. Like the previous seminars, it was of short duration in order to fit into the working day of our speakers and delegates. There was ample time for comment and discussion.

Proceedings of the Seminar

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.

ISPL Director participates in Space Debris Congress

Professor Mosteshar is currently examining some legal issues concerning Active Debris Removal (ADR), also referred to as space debris remediation. He presented a paper on the subject at the International Interdisciplinary Congress on Space Debris Remediation on 11 November 2011.

The Congress was held at McGill Institute of Air and Space Law in Montreal on 11 and 12 November 2011, and examined various technical concepts and means, legal and economic aspects, operational and organizational requirements for space debris remediation and on-orbit servicing of satellites with the objective of putting forward specific and viable policy and regulatory steps (mechanisms) that may be considered by States and other stakeholders in order to minimize risks posed by space debris.

For more information about the Congress, download: 3rd-Space-Debris-Congress-Program

or visit the IASL site: http://www.mcgill.ca/iasl.

ISPL Faculty discuss space debris and insurance risk

Space Debris was the focus of an article by Owen Bowcott, the Guardian’s legal affairs correspondent on 28 October 2011. Owen attended the ISPL Practitioner and Industry Seminar on Policy and Regulatory Risk, the last of the Series on Risks Associated with Space Activity, held on 27 October 2011 in London.

After the event, he spoke to Neil Stevens, a deputy space underwriter at the Atrium Space Insurance Consortium and member of the ISPL Faculty. They discussed insurance issues arising in relation to space debris, and the concerns of those insuring space ventures.

He also spoke to Sa’id Mosteshar, the ISPL Director, about potential costs associated with increasing risk of satellite collision with debris. Physical risks such as debris were not the focus of the seminar, but were very topical, following the crash of a NASA satellite into the Pacific Ocean, and a German satellite into the Bay of Bengal.

The Guardian article: Space debris collisions a growing risk, experts warn

For more about the Seminar, see our news item “Policy & Regulatory Risk Seminar 27 October 2011”.

Tags space debris, space insurance

Institute Director to join Legal & Regulatory Committee of IAASS

ISPL’s Director, Professor Sa’id Mosteshar, has been invited to join the Legal and Regulatory Committee of the International Association for the Advancement of Space Safety. In accepting, he said, ” I am honoured to join distinguished colleagues in the work of the Committee, which is critical to future use of outer space and its preservation as a resource for all.”

The International Association for the Advancement of Space Safety, established 16 April 2004 in the Netherlands, is a non-profit organisation dedicated to furthering international cooperation and scientific advancement in the field of space systems safety. The goals of the IAASS include advancing the science and application of Space Safety, improving the communication, dissemination of knowledge and cooperation between interested groups and individuals in this field and related fields, and improving understanding and awareness of the Space Safety discipline. In addition, it aims to promote and improve the development of Space Safety professionals and standards and to advocate the establishment of safety laws, rules, and regulatory bodies at national and international levels for the civil use of space.

More information about the IAASS can be found at http://www.iaass.org.

Professor Mosteshar is currently examining some legal issues concerning Active Debris Removal (ADR), also referred to as space debris remediation. He will be presenting a paper on the subject at the International Interdisciplinary Congress on Space Debris Remediation on November 11.

The Congress will be held at McGill Institute of Air and Space Law in Montreal on 11 and 12 November 2011, and will examine various technical concepts and means, legal and economic aspects, operational and organizational requirements for space debris remediation and on-orbit servicing of satellites with the objective of putting forward specific and viable policy and regulatory steps (mechanisms) that may be considered by States and other stakeholders in order to minimize risks posed by space debris.

For more information about the Congress, download: 3rd-Space-Debris-Congress-Program

or visit the IASL site: http://www.mcgill.ca/iasl.

UNIDROIT Space Protocol: Workshop 9 February 2011

The Workshop addressed the proposed adoption of the UNIDROIT Space Protocol, its legal and commercial merits.

UNIDROIT Space Protocol Workshop Report

The following is an outline of the program. It was highly participatory, with discussion following several brief presentations.

PRACTITIONER AND INDUSTRY WORKSHOP

WEDNESDAY 9 FEBRUARY 2011
8:45 TO 13:00

FINANCING SPACE ASSETS: THE UNIDROIT SOLUTION EXAMINED

CONVENTION ON INTERNATIONAL INTEREST IN MOBILE EQUIPMENT: SPACE PROTOCOL

Funding the acquisition and operation of satellites and other space objects present the same
challenges as those associated with any high value equipment. In addition their location
outside any territorial jurisdiction adds to the complexity of the funding transaction. The
International Institute for the Unification of Private Law (Unidroit), in a departure from its
normal practice of harmonising the rules of national law on a given subject with a view to
promoting international commerce, has promoted a Convention on International Interests in
Mobile Equipment. The text of the Convention may be accessed at www.unidroit.org.

The Convention seeks to promote and expand the availability of asset-
based financing in respect of high-value mobile equipment normally moving from country
to country or beyond any national jurisdiction in the ordinary course of business.

The Convention has been applied to aircraft and rolling stock by means of protocols
relevant to those assets. Unidroit proposes the application of the Convention by means a
Space Protocol. The aim is to provide the creditor with greater legal certainty to facilitate
grant of assets based finance in respect of assets it may otherwise find difficult to repossess
or control. However, many in the sector have legitimate concerns about the Protocol and its
operation.

Several governments are in the process of reviewing and deciding whether to adopt the
Protocol. This Workshop examined the efficacy of the Space Protocol to achieve greater
availability and ease of funding for space projects. It explored the needs of operators,
financiers and insurers. Professor Roy Goode presented the Protocol
and outlined the obstacles to funding space equipment and the proposed solution. There was an examination of the legal basis for the Protocol in the context of the Convention, and its
perception by those directly affected by its operation.

Workshop participants discussed the issues from all relevant perspectives.

PROGRAMME OUTLINE

Chairman: Professor Sa’id Mosteshar
ISPL Director

8:45 – 9:30 Unidroit Perspective

The Perceived Problem, the Convention and Protocol, Solution Protocol
Proposes to Provides; Current status of UNIDROIT Process
Professor Roy Goode

9:30 – 10:00 Legal Issues

The Legal Structure, Purpose of the Convention, Protocol in the Context
of the Convention, Definitional Issues
Professor Sa’id Mosteshar
ISPL Director

10:00 – 10.45 Operators’ Perspectives

Satellite Operation Funding
Aarti Holla
Secretary General, European Satellite Operators’ Association
Ann Vandenbroucke
Manager – Regulatory and Policy Issues, Inmarsat; ISPL Faculty

10.45 – 11.15 Coffee

11:15 – 11:45 Potential Beneficiaries

Small Satellite Operator
Kumar Singarajah
Director of Regulatory Affairs, Avanti; ISPL Faculty

11:45 – 12:15 Finance Sector Perspective

Asset Finance and Project Finance
Wim N Steenbakkers
Director, Structure Finance Telecom & Media, ING Bank

12:15 – 12:45 Insurance Perspective

Impact on Insurance Availability and Premiums
Neil F Stevens
General Counsel, Space, Atrium Space Insurance; ISPL Faculty

Further information about the proposed Protocol is available on the UNIDROIT website.

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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