We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byShannon Allen
Modified about 1 year ago
© Swiss Space Systems Holding SA1 LEGAL CHALLENGES FOR THE INDUSTRY IN ACTIVE DEBRIS REMOVAL (ADR) 3rd Manfred Lachs Conference / Montreal 17th March rd Manfred Lachs Conference / Montreal, 17th March 2015
© Swiss Space Systems Holding SA2 CONTENTS I.Swiss Space System and its mission II.CleanSpace One III.Legal Framework IV.Challenges V.Conclusions
© Swiss Space Systems Holding SA3 Swiss firm founded in November 2012 – Privatization of the Hermes (ESA) space shuttle technical heritage Our objective: develop, build, certify and operate suborbital spaceplanes, for launches of satellites up to 250 kg. Staff over 70. Estimated 2017: 200 employees. Overall budget: approx. 250 million Swiss Francs till first satellite launch (scheduled 2018). Covered to a large extent by company partners and private investors. I. SWISS SPACE SYSTEMS AND ITS MISSION
© Swiss Space Systems Holding SA4 INNOVATIVE SUB-ORBITAL AIRCRAFT REUSABLE (SOAR)
© Swiss Space Systems Holding SA5 TEXTE EXERGUE SOAR: LAUNCH OF CLEANSPACE ONE
© Swiss Space Systems Holding SA6 Article IX Article IX Outer Space Treaty 1967: basic provision for all environmental protection of outer space: avoid harmful contamination and adopt appropriate measures due regard to the corresponding interests of all other States Parties Purpose Purpose: protection of space environment for the exploration and use of outer space but not specific reference to space debris Article 31(1) Article 31(1) Vienna Convention on the Law of Treaties 1969: ‘interpretation in light of the purpose of the Treaty’ Use of teleological approach: fundamental purpose of Treaty exploration and use of outer spaceSpace debris poses hazard to the exploration and use of outer space (fundamental) space debris remediation Appropriate measure to tackle space debris under Article IX: space debris remediation (ADR) III. LEGAL FRAMEWORK FOR ADR
© Swiss Space Systems Holding SA7 Hard Law Hard Law (nature of the object) Article 1(d) Article 1(d) Liability Convention 1972 and National Space Laws (Austria, Australia, Belgium, Spain, UK) agree that: “space object” includes component parts of a space object Soft Law Soft Law (“non-functional” approach) IADC GuidelinesIADC Guidelines: “space debris” are all man-made objects including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional UNCOPUOSUNCOPUOS: “space debris are all man-made objects, including their fragments and parts, whether their owners can be identified or not, in Earth orbit or re-entering the dense layers of the atmosphere that are non-functional with no reasonable expectation of their being able to assume or resume their intended functions or any other functions for which they are or can be authorized”. (Technical Report on Space Debris, UN, 1999) Is definition needed? IV. CHALLENGES 1. SPACE DEBRIS = SPACE OBJECTS?
© Swiss Space Systems Holding SA8 a) International Space Law a) International Space Law ( provided that space debris=space object ) Article VIII Article VIII Outer Space Treaty: “[a] State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object […] Ownership of objects launched into outer space […] and of their component parts, is not affected. Hence a space object can be removed by: a) the State on whose registry is launched b) a private entity licensed by the State of registry c) a third party only upon the approval of the State of registry b) Public International Law b) Public International Law ( regardless of the definition of space debris ) Article 25 ILC Draft Articles on State responsibility: “State of necessity” precludes the wrongfulness of an act: In a state of necessity Active Debris Removal would be lawful without prior consent Without state of necessity: is ADR still lawful? Could a custom be created if no objection? 2. IS THE ACT OF REMOVING SPACE DEBRIS LEGAL? WHO IS ENTITLED TO REMOVE IT?
© Swiss Space Systems Holding SA9 a) International Space Law a) International Space Law (provided that space debris=space object) States: Article VIArticle VI Outer Space Treaty: ‘international responsibility for national activities’ Article VII Article IIIArticle VII Outer Space Treaty: liability of the launching State for damage to another State Party by space object or its component parts & Article III Liability Convention: fault liability in space (difficult to prove fault) Private entities: national space law needed? Incentives depend on liability insurance b) Public International Law b) Public International Law (regardless of the definition of space debris) :Due diligence: take precautions that would safeguard other States from damage resulting from the source State’s activities OR responsibility arises “Sic utere tuo, ut alienum non laedas”: Use your own property in such a way that you do not injure other people's Trail Smelter Arbitration 1941, Corfu Channel Case 1949 ICJ 3. RESPONSIBILITY AND LIABILITY IN CASE OF DAMAGE CAUSED DURING ADR OPERATION
© Swiss Space Systems Holding SA10 Space debris is a threat to sustainability of outer space activities; Active Debris Removal would be a solution to this problem Legal clarity is needed on the definition of space debris to facilitate ADR operations; the industry needs a clear legal path with the right motivations provided by States in order to be involved in risky ventures This does not mean necessarily creation of new legal instrument, as questions of responsibility and liability from ADR missions can be resolved under principles and case law of public international law V. CONCLUSIONS
© Swiss Space Systems Holding SA11 THANK YOU FOR YOUR ATTENTION
© Swiss Space Systems Holding SA12
Legal & Policy Issues Surrounding Space Debris Remediation Michael J. Listner, Founder & Principal of Space Law & Policy Solutions Views and opinions presented.
Space Flight Rules Rules of the Air for an Unlimited Sky Manfred Lachs Conference on the Regulation of Emerging Modes of Aerospace Transportation Montreal,
3 rd Manfred Lachs International Conference ‘NewSpace Commercialization and the Law’ Montreal, March 2015 NewSpace, Small Satellites and Law: Finding.
Discover the world at Leiden University Liability issues of Active Debris Removal and On Orbit Servicing Tanja Masson-Zwaan, IIASL LeidenMontreal, 17 March.
The environmental liability in outer space mining.
PROJECT 2001 PLUS GLOBAL AND EUROPEAN CHALLENGES FOR AIR AND SPACE LAW AT THE EDGE OF THE 21ST CENTURY International Symposium Maternushaus Cologne, 8th.
ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE.
John D. Rummel East Carolina University and the McGill University Institute of Air and Space Law “Due Regard” in Space Activities: Avoiding Harmful Contamination.
LEGAL AND REGULATORY REGIME FOR ACCESS AND BENEFIT SHARING IN KENYA Presented By: Anne N. Angwenyi National Environment Management Authority (Kenya)
Outer Space as International Space, lessons from Antarctica Armel Kerrest Institute of Law of International Spaces and Telecommunications University of.
Article XXXVI – Signature, ratification, acceptance, approval or accession 1. – This Protocol shall be open for signature in Berlin on 9 March 2012 by.
1 Status of the German Draft Legislation on Space Activities Dr. Bernhard Schmidt-Tedd, DLR Project 2001 Plus Workshop „Towards a Harmonised Approach for.
SUBORBITAL ACTIVITIES AND THE NEED FOR LEGAL REFORM Benjamyn Ian Scott
Chinese Tort Law: Theory and Practice Rui Liu associate professor Chinese Academy of Governance , (U.S)
Session 4 Common Issues in Air and Space Law: Envisaging Future Aerospace Applications –The Examples of Registration and Liability - Report of the Rapporteurs.
1 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann The STSC/IAEA.
Access to Justice Development of Green Bench in the Court of Justice October 2005 : The Green Bench, a specialized division was officially set up at the.
Unit 7 International Law of Treaties Definition Definition Negotiation of Treaties Negotiation of Treaties Entry into force of treaties Entry into force.
1 Project 2001 Plus Towards a Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 Findings of the Project 2001 Workshop.
3 RD Annual Manfred Lachs Conference Montreal, Quebec ICAO Headquarters March 16&17, 2015 Space Debris Removal as a First Step to Realizing a Legal Framework.
INTERNATIONAL LAW AND ENVIRONMENTAL PROTECTION 1 Environmental Law.
International Law: Unit 7 Environmental Law Mr. Morrison Fall 2005.
By Ram S. Jakhu Associate Professor Institute of Air and Space Law McGill University 16 March Some Legal Aspects of Private Space Stations.
1 Compensable Damage in the Modernized Rome Convention Jae Woon Lee Korean Air Legal Affairs Dept Abu Dhabi Presentation to GCAA/McGill Conference.
IAEA International Atomic Energy Agency Overview of legal framework Regional Workshop - School for Drafting Regulations 3-14 November 2014 Abdelmadjid.
Access to and Use of Traditional Knowledge A view from industry Bo Hammer Jensen.
PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 NATIONAL SPACE LEGISLATION: THE BELGIAN.
Problems Related to “Change of Ownership“ with Respect to Registration - The Industry View - Kay-Uwe Hörl & Kamlesh Gungaphul EADS Astrium GmbH Project.
Space Law Presentation. What is Space Law? Space law is an area of the law that encompasses national and international law governing activities in outer.
Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to.
Introduction to Space Systems and Spacecraft Design Space Systems Design Legal Considerations For Mission Design.
1 1 M o l i t o r, F i s c h & A s s o c i é s A v o c a t s à l a C o u r L u x e m b o u r g Project 2001 PLUS Current Issues in the Registration of.
INTRODUCTION By Ram S. Jakhu; Session Co-Chair 16 March CONCURRENT SESSION 3-A: SMALL SATELLITES.
Workshop Collective Security in Space-Paris May 2006 Collective Security in Space, a key factor for a sustainable long term use of Space Gérard Brachet.
National Center for Remote Sensing, Air and Space Law The University of Mississippi School of Law National Center for Remote Sensing, Air and Space Law.
1 Ratification: Liability and Registration Conventions Presented By Nomfuneko Majaja (Chief Director) Advanced Manufacturing : Space Affairs 01 July 2009.
6. State responsibility 6.1 The laws of state responsibility definition The laws of state responsibility are the principles governing when and how.
OUTER SPACE ACT 1986 Berlin Workshop - January 2004 Project Richard J Tremayne-Smith Head of International Relations, UN Issues and Space Environment.
Convention on the Protection and Promotion of the Diversity of Cultural Expressions Adopted 20 October 2005 Entry into force 18 March 2007.
DOMESTICATION OF TRIPS FLEXIBILITIES IN NATIONAL IP LEGISLATION FOR STRENGTHENING ACCESS TO MEDICINES IN ZAMBIA PROPOSED PATENT BILL AND ITS RELEVANCY.
STM 2014 LONG Paper #1004 Small Satellites and State Responsibility Associated With Space Traffic Situational Awareness George Anthony Long, Esq. Managing.
3 rd Manfred Lachs International Conference on NewSpace Commercialization and the Law 16 – 17 March 2015, Montreal, Canada Dr. Tare Brisibe A Decade of.
Traditional Sources of Law: Treaties. Treaties Four (4) Traditional sources of international law: –International custom (binding) –General principles.
Which legal regime for space transportation with regard to passengers? by Prof. Dr. Stephan Hobe LL.M. Director of the Institute of Air and Space Law University.
Main Requirements on Different Stages of the Licensing Process for New Nuclear Facilities Module 4.1 Steps in the Licensing Process Geoff Vaughan University.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 27 – Environment and Climate Change.
The Negotiations on the International Regime on Access and Benefit-Sharing within the framework of the Convention on Biological Diversity.
Piracy, Armed Guards & BIMCO GUARDCON Naples 8 October 2012 Christopher South.
ARIANESPACE PROPRIETARY / PRIVILEGED PROJECT PLUS WORKSHOP 29/30 January 2004 Towards a harmonised approach for National Space laws in Europe CdP.
© 2017 SlidePlayer.com Inc. All rights reserved.