Norm Formation in Space Law: Studies in Space Law, cartea 24
Autor Kimitake Nakamuraen Limba Engleză Hardback – 15 aug 2024
What kind of document should be created to solve the problem of space activities? This book uses case studies to illustrate how normative approaches in space law differ from those in other fields, delving into the history of norms and treaties in space law, contemporary issues concerning space activities, and issues surrounding debris removal and mitigation. Its analytical approach will be useful for readers who study how the basic theory of public international law can apply to new frontiers in space law.
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Specificații
ISBN-13: 9789004709881
ISBN-10: 9004709886
Dimensiuni: 155 x 235 mm
Greutate: 0.66 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Space Law
ISBN-10: 9004709886
Dimensiuni: 155 x 235 mm
Greutate: 0.66 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Space Law
Notă biografică
Kimitake Nakamura, Ph.D. (2024) is Director-General for Disarmament, Non-Proliferation and Science, Ministry of Foreign Affairs of Japan (Ambassador), specializing in international law and national security. He is a non-resident scholar at the Space Policy Institute, George Washington University, and a visiting lecturer at the Waseda Graduate School of Law (Tokyo).
Cuprins
Preface
Acknowledgements
List of Figures
Relevant Previous Publications
Introduction
Part 1
The Basic Structure of Space Law
1Components of Space Law
1 Treaties and Customary International Law
1.1Treaties
1.1.1 Space Treaties and the Moon Agreement
1.1.2 Treaties in Other Areas
1.1.3 Treaties Establishing International Organizations Related to Space Activities
1.1.4 Treaties for the Joint Implementation of Space Activities
1.2Customary International Law
2 Non-legally Binding Norms
2.1The Importance of Focusing on Non-legally Binding Norms
2.2Examples of Non-legally Binding Norms
2.2.1 Multilateral Non-legally Binding Norms
2.2.2 Statements of Intent
2.2.3 Functions of Non-legally Binding Norms
3 Domestic Norms
3.1Types of Domestic Norms
3.1.1 Organizational Laws and Laws on Basic Space Policy
3.1.2 Laws for the Self-Regulation of Space Activities
3.1.3 Laws for Domestic Acceptance of International Norms
3.1.4 Laws for Clarifying Interpretations of Space Treaties
3.2Functions of Domestic Norms in the Formation of International Norms
2The History of the Formation of the Basic Structure of Space Law
1 The History of the Development of the Law of the Sea and the Aviation Law
1.1The Territorial Sea System and the High Seas System
1.2Air Space above Territories
2 The History of the Development of the Basic Space Treaty System
2.1Space Treaties
2.1.1 History of Negotiations
2.1.2 Structure for Balancing Interests
2.1.3 Interim Conclusion
2.1.4 Significance of the Consensus Method
2.2Multilateral Non-legally Binding Norms
2.2.1 History of Negotiations
2.2.2 Structure for Balancing Interests
3 The Origins of the Structure for Balancing Interests
3.1Physical Characteristics of Outer Space
3.2Undefined Boundaries with Airspace
3Contemporary Issues Concerning Space Activities
1 Increase in Space Debris
1.1What Is Space Debris?
1.1.1 Definition
1.1.2 Causes of Space Debris
1.1.3 Orbit Lifetime
1.1.4 The Current Status of Orbital Congestion
1.1.5 Threats Posed by Debris
1.2Impact of Military Activities
2 Increased Number of Satellites
2.1Small Satellites
2.2Large Constellations
3 Increased Risk of Radio Frequency Interference
Part 2
Norm Formation on Contemporary Issues
4Ex Post Facto Remedies for Damage
1 The Liability System for Damage
1.1The Structure of the Outer Space Treaty and the Liability Convention
1.2The Principle of Liability for Risk
1.3Liability for Damage Caused at a Location Other than the Earth’s Surface
1.4Joint and Several Liability for Damage Caused to a Third Party by the Collision of Two Space Objects
2 Damage Caused by Space Debris
2.1Space Debris as a “Space Object”
2.2Identification of the Launching States
2.3Scope of Claims
2.3.1 Scope of “Damage”
2.3.2 Meaning of “Caused by Space Objects”
2.3.3 Damage to Debris
2.4Absolute Liability for Surface Damage
2.5Issues Concerning Fault-Based Liability
2.5.1 Academic Theories
2.5.2 Consideration
2.5.3 Limitations of the Principle of Fault-Based Liability
3 Characteristics of Norm Formation
3.1Efforts to Supplement the System
3.1.1 Remedies Other Than the Liability System for Damage
3.1.2 Proposals for New Multilateral Treaties
3.1.3 Mandatory Insurance Coverage for Launching Operators and Government Indemnification
3.2Significance and Limitations of the Liability System for Damages
5Space Debris Mitigation
1 Space Debris Countermeasures
1.1Developing Awareness of the Problem
1.2Existing Countermeasures
1.2.1 Space Object Surveillance
1.2.2 Improvement of Technical Specifications and Operational Modes
1.2.3 Development of International Guidelines
1.2.4 Norm Formation by Non-governmental Organizations
2 Space Debris Mitigation and International Law
2.1Provisions of the Space Treaties
2.2Academic Theories
3 Characteristics of Norm Formation
6On-Orbit Servicing (oos) and Active Debris Removal (adr)
1 Content of Services and Norms in the Process of Formation
1.1Content of Services
1.1.1 On-Orbit Servicing
1.1.2 Active Debris Removal
1.2Emerging Norms
2 Legal Issues Related to Service Implementation
2.1Treatment of the Jurisdiction of the States of Registry
2.1.1 Status of Debris in Space Treaties
2.1.2 Jurisdiction of the States of Registry and adr
2.1.3 Unregistered or Unidentifiable Space Objects
2.1.4 Other Issues
2.2Liability for Damage
3 Characteristics of Norm Formation
7Mechanisms for the Sustainable Implementation of Active Debris Removal
1 Direction of Potential Legal Frameworks
1.1Scholarly Discussions
1.1.1 Theories Advocating Projects by International Organizations
1.1.2 Theories Advocating Implementation by Each Country (at Least for the Time Being)
1.1.3 Theories on Sharing the Burden of Debris Removal Costs
1.2Factors to Consider
1.2.1 The Necessity of Identifying Legal Interests or Benefits
1.2.2 Concepts in International Environmental Law
1.2.3 Position of Debris Countermeasures under International Law
1.2.4 Problems with the Environmental Damage Approach
1.2.5 Other Theories
2 Other Potential Approaches
2.1Precautionary Principle
2.2The Concept of Development Assistance
3 Characteristics of Norm Formation
8Space Traffic Management: A Comprehensive Approach to Addressing Contemporary Issues
1 Development of the Notion of Space Traffic Management
1.1Development in the United Nations and Other Fora
1.2Policies of the United States
1.3Policies of the European Union
2 Basic Elements of Space Traffic Management
2.1Overview of the iaa Reports and spd-3
2.1.1 The iaa Reports
2.1.2 spd-3
2.2Comparison of the iaa Reports and spd-3
2.2.1 Differences in Regulatory Philosophy
2.2.2 Need for the Specific Coordination of Space Activities
3 Characteristics of Norm Formation
3.1Challenges in Future Norm Formation
3.1.1 Constraints Stemming from the Characteristics of Outer Space and the Availability of Technology
3.1.2 Constraints Due to Defense Policy and Corporate Proprietary Interests
3.1.3 Difficulties Associated with the Coordination of Specific Activities
3.2Impact of stm on Norm Formation in Space Law
Part 3
Characteristics of Norm Formation in Space Law
Closing Chapter
1 Trends in Norm Formation on Contemporary Issues
1.1The Evolution of the Structure for Balancing Interests
1.2Towards Global Administrative Law
1.3From Responsibility to Prevention
2 Implications for Basic Theories of International Law and Future Research Questions
2.1Implications for the Basic Theories of International Law
2.1.1 Characteristics of the Choice of the Form of Norms in Space Law
2.1.2 The Importance of Viewing the Norms of Space Law as Norms of Conduct
2.1.3 The Regulatory Force of Non-legally Binding Norms
2.2Future Research Questions
Bibliography
Index
Acknowledgements
List of Figures
Relevant Previous Publications
Introduction
Part 1
The Basic Structure of Space Law
1Components of Space Law
1 Treaties and Customary International Law
1.1Treaties
1.1.1 Space Treaties and the Moon Agreement
1.1.2 Treaties in Other Areas
1.1.3 Treaties Establishing International Organizations Related to Space Activities
1.1.4 Treaties for the Joint Implementation of Space Activities
1.2Customary International Law
2 Non-legally Binding Norms
2.1The Importance of Focusing on Non-legally Binding Norms
2.2Examples of Non-legally Binding Norms
2.2.1 Multilateral Non-legally Binding Norms
2.2.2 Statements of Intent
2.2.3 Functions of Non-legally Binding Norms
3 Domestic Norms
3.1Types of Domestic Norms
3.1.1 Organizational Laws and Laws on Basic Space Policy
3.1.2 Laws for the Self-Regulation of Space Activities
3.1.3 Laws for Domestic Acceptance of International Norms
3.1.4 Laws for Clarifying Interpretations of Space Treaties
3.2Functions of Domestic Norms in the Formation of International Norms
2The History of the Formation of the Basic Structure of Space Law
1 The History of the Development of the Law of the Sea and the Aviation Law
1.1The Territorial Sea System and the High Seas System
1.2Air Space above Territories
2 The History of the Development of the Basic Space Treaty System
2.1Space Treaties
2.1.1 History of Negotiations
2.1.2 Structure for Balancing Interests
2.1.3 Interim Conclusion
2.1.4 Significance of the Consensus Method
2.2Multilateral Non-legally Binding Norms
2.2.1 History of Negotiations
2.2.2 Structure for Balancing Interests
3 The Origins of the Structure for Balancing Interests
3.1Physical Characteristics of Outer Space
3.2Undefined Boundaries with Airspace
3Contemporary Issues Concerning Space Activities
1 Increase in Space Debris
1.1What Is Space Debris?
1.1.1 Definition
1.1.2 Causes of Space Debris
1.1.3 Orbit Lifetime
1.1.4 The Current Status of Orbital Congestion
1.1.5 Threats Posed by Debris
1.2Impact of Military Activities
2 Increased Number of Satellites
2.1Small Satellites
2.2Large Constellations
3 Increased Risk of Radio Frequency Interference
Part 2
Norm Formation on Contemporary Issues
4Ex Post Facto Remedies for Damage
1 The Liability System for Damage
1.1The Structure of the Outer Space Treaty and the Liability Convention
1.2The Principle of Liability for Risk
1.3Liability for Damage Caused at a Location Other than the Earth’s Surface
1.4Joint and Several Liability for Damage Caused to a Third Party by the Collision of Two Space Objects
2 Damage Caused by Space Debris
2.1Space Debris as a “Space Object”
2.2Identification of the Launching States
2.3Scope of Claims
2.3.1 Scope of “Damage”
2.3.2 Meaning of “Caused by Space Objects”
2.3.3 Damage to Debris
2.4Absolute Liability for Surface Damage
2.5Issues Concerning Fault-Based Liability
2.5.1 Academic Theories
2.5.2 Consideration
2.5.3 Limitations of the Principle of Fault-Based Liability
3 Characteristics of Norm Formation
3.1Efforts to Supplement the System
3.1.1 Remedies Other Than the Liability System for Damage
3.1.2 Proposals for New Multilateral Treaties
3.1.3 Mandatory Insurance Coverage for Launching Operators and Government Indemnification
3.2Significance and Limitations of the Liability System for Damages
5Space Debris Mitigation
1 Space Debris Countermeasures
1.1Developing Awareness of the Problem
1.2Existing Countermeasures
1.2.1 Space Object Surveillance
1.2.2 Improvement of Technical Specifications and Operational Modes
1.2.3 Development of International Guidelines
1.2.4 Norm Formation by Non-governmental Organizations
2 Space Debris Mitigation and International Law
2.1Provisions of the Space Treaties
2.2Academic Theories
3 Characteristics of Norm Formation
6On-Orbit Servicing (oos) and Active Debris Removal (adr)
1 Content of Services and Norms in the Process of Formation
1.1Content of Services
1.1.1 On-Orbit Servicing
1.1.2 Active Debris Removal
1.2Emerging Norms
2 Legal Issues Related to Service Implementation
2.1Treatment of the Jurisdiction of the States of Registry
2.1.1 Status of Debris in Space Treaties
2.1.2 Jurisdiction of the States of Registry and adr
2.1.3 Unregistered or Unidentifiable Space Objects
2.1.4 Other Issues
2.2Liability for Damage
3 Characteristics of Norm Formation
7Mechanisms for the Sustainable Implementation of Active Debris Removal
1 Direction of Potential Legal Frameworks
1.1Scholarly Discussions
1.1.1 Theories Advocating Projects by International Organizations
1.1.2 Theories Advocating Implementation by Each Country (at Least for the Time Being)
1.1.3 Theories on Sharing the Burden of Debris Removal Costs
1.2Factors to Consider
1.2.1 The Necessity of Identifying Legal Interests or Benefits
1.2.2 Concepts in International Environmental Law
1.2.3 Position of Debris Countermeasures under International Law
1.2.4 Problems with the Environmental Damage Approach
1.2.5 Other Theories
2 Other Potential Approaches
2.1Precautionary Principle
2.2The Concept of Development Assistance
3 Characteristics of Norm Formation
8Space Traffic Management: A Comprehensive Approach to Addressing Contemporary Issues
1 Development of the Notion of Space Traffic Management
1.1Development in the United Nations and Other Fora
1.2Policies of the United States
1.3Policies of the European Union
2 Basic Elements of Space Traffic Management
2.1Overview of the iaa Reports and spd-3
2.1.1 The iaa Reports
2.1.2 spd-3
2.2Comparison of the iaa Reports and spd-3
2.2.1 Differences in Regulatory Philosophy
2.2.2 Need for the Specific Coordination of Space Activities
3 Characteristics of Norm Formation
3.1Challenges in Future Norm Formation
3.1.1 Constraints Stemming from the Characteristics of Outer Space and the Availability of Technology
3.1.2 Constraints Due to Defense Policy and Corporate Proprietary Interests
3.1.3 Difficulties Associated with the Coordination of Specific Activities
3.2Impact of stm on Norm Formation in Space Law
Part 3
Characteristics of Norm Formation in Space Law
Closing Chapter
1 Trends in Norm Formation on Contemporary Issues
1.1The Evolution of the Structure for Balancing Interests
1.2Towards Global Administrative Law
1.3From Responsibility to Prevention
2 Implications for Basic Theories of International Law and Future Research Questions
2.1Implications for the Basic Theories of International Law
2.1.1 Characteristics of the Choice of the Form of Norms in Space Law
2.1.2 The Importance of Viewing the Norms of Space Law as Norms of Conduct
2.1.3 The Regulatory Force of Non-legally Binding Norms
2.2Future Research Questions
Bibliography
Index