New NCRSASL Publication: A Chronological Survey of the Development of Art. IX of the Outer Space Treaty

August 12, 2011 at 11:25 am | Posted in Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty  

Article IX is the longest article in the Outer Space Treaty. It encompasses several principles of international law and space law. This publication, A Chronological Survey of the Development of Art. IX of the Outer Space Treaty,  is based on an Article IX analysis provided by Professor Sergio Marchisio of the University La Sapienza of Rome in the Cologne Commentary on Space Law.   A chart was created by distinguishing the four main legal elements in Article IX that were identified by him: international cooperation, due regard, harmful contamination, and international consultations.

The information provided in the survey lists in chronological order the summarized statements and declarations that each Nation – State or nongovernmental organization made to the UN Committee on the Peaceful Uses of Outer Space Legal Subcommittee   during the drafting years. The legal questions raised in these records of negotiation concerning Article IX began with “principle 6” of the Soviet Proposal for a Declaration of the Basic Principles Governing the Activities of States pertaining to the Exploration and Use of Outer Space  in early 1962.  This proposed principle evolved into “Principle 6″ of the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space unanimously adopted by the General Assembly in 1963.  Further negotiations in the Legal Subcommittee led to early elements of the principle being contained in “Article VIII” of the revised Soviet Draft Treaty Governing the Exploration and Use of Outer Space, The Moon and Other Celestial Bodies,  and “Article 10” of the U.S. Draft Treaty Governing the Exploration of the Moon and Other Celestial Bodies, submitted in 1966.  Eventually these draft articles were consolidated by the Legal Working Group L.9 and adopted,  thus establishing Article IX of the Outer Space Treaty.

Now Available Without Charge – Space Law: Selected Documents 2010, vols. 1 & 2 A Supplement to Journal of Space Law

August 12, 2011 at 11:22 am | Posted in Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty   

The National Center for Remote Sensing, Air, and Space Law is pleased to make available, without charge, Space Law; Selected Documents 2010, Vols. 1 and 2 Volume 1 includes national space law documents and Volume 2 includes international space law documents. They are a compilation of space law documents from the year 2010 that were gathered primarily from postings placed on Res Communis from 1 January through 31 December 2010. The postings are supplemented with materials from other sources that were also published in 2010 . The compilation is a special supplement to the Journal of Space Law, the world’s oldest law review dedicated to space law. The Journal of Space Law, beginning with the first volume, is available on line throughHeinOnLine.

Journal of Space Law Desk Reference for USC Title 51: National and Commercial Space Programs Available Without Cost

June 21, 2011 at 1:04 pm | Posted in Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

Source: National Center for Remote Sensing, Air and Space Law

Volume 37 No. 1 of the JOURNAL OF SPACE LAW is dedicated to the historic enactment of Title 51 of the United States Code: National and Commercial Space Programs. Title 51 is the positive law codification of all U.S. national space law promulgated since 1958. It is the intention of the JOURNAL OF SPACE LAW to serve the space law community by making this dedicated issue a complete reference work for Title 51. For this reason, the JOURNAL OF SPACE LAW is, for the first time, making an entire volume available at the time of its publication at no cost.  To learn more about the volume’s contents, please read the Foreword. The entire volume may be downloaded at the Journal website.

 

 

 

 

 

NCRSASL Launches Comprehensive New Website Including On-Line Access to Archived Papers of Space Law Pioneers Galloway, Gorove and Haley

June 15, 2011 at 1:58 pm | Posted in Galloway Archive, Gorove Archive, Haley Archive, Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

The National Center for Remote Sensing, Air and Space Law is pleased to announce a new, comprehensive website. As with its previous site,  the Center’s blog, Res Communis, and  all of its publications, including the Journal of Space Law back to 1973, are also accessible through the new site.

The new website also includes many new features. The most important of these is the Center’s Space Law Archive. Now, researchers can access the papers of early space law pioneers Andrew G. Haley, Eilene M. Galloway, and Stephen Gorove. Other new features include an Air and Space Law Calendar and a Did You Know? feature that serves up random important facts about air, remote sensing and space law.

Finally, the website is completely social network enabled with Digg, Facebook, Google, Myspace, StumbleUpon, Twitter, and many more options. We are offering this website to the community as a public service. If you have any ideas or comments about how to improve it for your use, please let us know.

Journal of Space Law Vol. 36, No. 2 Now Available

May 2, 2011 at 12:59 pm | Posted in Journal of Space Law | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

This volume of the JOURNAL OF SPACE LAW contains most of the papers presented at the Earth Observation, Environment, Space, and Remote Sensing Law in the Pacific Rim: Meeting and Live Blogcast (Meeting) hosted by the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law (Center) and held in Hawaii, U.S., on June 16 – 18, 2010.

The purpose of the Meeting was to build upon the success of the first Pacific Rim National Space Law Summit (Summit) hosted by the Center in 2009. The 2009 meeting focused on the national space laws of Pacific Rim nations.  The 2010 meeting addressed the law of Earth Observation, the environment and related topics of various Pacific Rim nations. Like the first event, this meeting also provided a forum for an in-depth experience in which the participants had the opportunity to learn from one another and to discuss, in detail, remote sensing and related law and their developing features in the Pacific Rim. As with the original Summit experts from Australia, China, Hong Kong, (special administrative region of China), Japan, Korea (South), the United States of America and, the United Nations participated. New to this year’s gathering were scholars from the Group on Earth Observations, Colombia, and Mexico. The private bar was represented as well this year with practitioners from the Hawaiian, U.S. and Sydney, Australia bar. Also new this year was an interdisciplinary paper addressing both science and law.

Foreword. –  Joanne Irene Gabrynowicz

Articles

Japanese Law and Regulations Concerning Remote Sensing Activities – Setsuko Aoki

What Lawyers Need to Know About Science to Effectively Make and Address Laws for Remote Sensing and

Environmental Monitoring – Fermín Romero Vázquez and Sergio Camacho Lara

Sensing a Change? The Re-Launch of Australia’s Space Policy and Some Possible Legal Implications –  Steven Freeland

Remote Sensing Issues as They Relate to Korea. –  Jae Gon Lee

Remote Sensing Data Distribution and Application in the Environmental Protection, Disaster Prevention, and Urban Planning in China – Yan Ling

Legal Aspects of Reducing Green House Gases Emitted by Aircraft Registered in Korea: A Ripple Effect of EU Initiatives -

Won-hwa Park

The Moon Agreement in the 21st Century: Addressing its Potential Role in the Era of Commercial Exploitation

of the Natural Resources of the Moon and Other Celestial Bodies – Fabio Tronchetti

Regulation of Remote Sensing Activities in Hong Kong: Privacy, Access, Security, Copyright, and the Case of Google – Yun Zhao

Commentaries Environmental Monitoring Cooperation Paves the Way for Common Rules on Remote Sensing

Activities Among the Pacific Rim –  Ikuko Kuriyama

Earth Observation, the Environment, Space, and Remote Sensing Law in the Pacific Rim:

Meeting and Live Blogcast Presented by the National Center for Remote Sensing, Air,

and Space Law (Honolulu, Hawaii, USA, June 16-18, 2010) Reviewer’s Comments – Masami Onoda

Journal of Space Law Volume 34 (2008) Now Available Online Without Charge

March 11, 2011 at 9:26 am | Posted in Journal of Space Law, NCRSASL News | 1 Comment

by Joanne Irene Gabrynowicz with the blog faculty
Source: National Center for Remote Sensing, Air, and Space Law

The Journal of Space Law Volume 34 (2008) is now available on-line.  The first part of the volume contains the papers from the The 2nd International Conference on the State of Remote Sensing Law: A Comprehensive Look at the State of Remote Sensing Law held at at the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law, 16-18 January 2008. The second part of the volume features a special section: The 50th Anniversary of the National Aeronautics and Space Act. The year 2008 was the half-century mark for the world’s first national space law. Volume 34 also contains translations of the space laws of France, Iran and Japan; authors include Philippe Achilleas, Frans G. von der Dunk, Ray Harris, Niklas Hedman, Jean-Francois Mayence, and Kai-Uwe Schrogl.

As with all previous issues, this volume is provided for research, reference use, and educational purposes only. They are not for commercial use, sale, or further dissemination. The Journal of Space Law may not be reproduced, in part or in whole, without express written permission. All rights reserved.

Also available as a core U.S. Journal at Hein Online

Why Hein Online?

Journal of Space Law Vol. 36, No. 1 Now Available

October 5, 2010 at 4:16 pm | Posted in Journal of Space Law | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

This issue of the Journal of Space Law features student research. This issue’s preview articles are by three awardees of research scholarships from the National Center for Remote Sensing, Air, and Space Law of the University of Mississippi School of Law. Mr. Nicholas D. Welly applies the ideas of 2009 Nobel Laureate in Economic Sciences, Elinor Ostrom, regarding economic governance of a commons to space, a legal global commons in his article, Enlightened State-Interest—A Legal Framework for Protecting the “Common Interest of All Mankind” from Hardinian Tragedy. Mr. Paul Ordyna considers an activity with virtually no track record—commercial human spaceflight— in light of practices employed by a centuries-old industry by closely examining track records in his article, Insuring Human Space Flight: An Underwriter’s Dilemma. Also considering the application of new ideas to old problems is Mr. Surya Gablin Gunasekara’s article, The March of Science: Fourth Amendment Implications on Remote Sensing in Criminal Law. Supplemental material for these, and all of the articles, are also available for download.

JOURNAL OF SPACE LAW


UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW


A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT                                                    OF HUMAN ACTIVITIES IN OUTER SPACE.

VOLUME 36 Summer 2010  NUMBER 1

CONTENTS


In Memory of Gretchen J. Harris –   Joanne Irene Gabrynowicz and Jason A. Crook

Foreword – Joanne Irene Gabrynowicz

Call for Papers

Articles

Inventions in Outer Space: Need for Reconsideration of the Patent Regime – Sandeepa Bhat B.

U.S. Commercial Space Sector: Matured and Successful – Shane Chaddha

High Hopes and Low Estimates: New Space’s Rocky Contractual Road –  Marielle Elisabet Dirkx

To the End of the Earth: A Study of the Boundary Between Earth and Space – Theodore W. Goodman

The March of Science: Fourth Amendment Implications on Remote Sensing in Criminal Law –  Surya Gablin Gunasekara

Prometheus Unbound? Proposal or a New Legal Paradigm for Air Law and Space Law: Orbit Law –  C. Brandon Halstead

Legality of the Deployment of Anti-Satellite Weapons in Earth Orbit: Present and Future –  Shang Kuan

Insuring Human Space Flight: An Underwriter’s Dilemma –  Paul Ordyna

Use of Outer Space for Peaceful Purposes: Non-Militarization, Non-Aggression and Prevention of Weaponization –  Jinyuan Su

Enlightened State-Interest—A Legal Framework for Protecting the “Common Interest of All Mankind” from Hardinian Tragedy  –  Nicholas D. Welly

Bibliography

Aviation and Space Law: Relevant Publications –  P.J. Blount

Aviation Law

Laws and Regulations

United States Administrative Decisions

Cases

Articles

Books and Reports

Space Law

International Materials

Laws and Regulations

Administrative Decisions

Cases

Articles

Books and Reports

The North Korean Expendable Carrier Rocket, Unha-2: Selected Legal Documents Now Available Without Cost

August 2, 2010 at 4:15 pm | Posted in Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

The National Center for Remote Sensing, Air, and Space Law is happy to announce that The North Korean Expendable Carrier Rocket, Unha-2: Selected Legal Documents, a collection of legal and diplomatic documents relating the April 2009 launch of the Unha-2 by North Korea, is now available. It is the second in a Special Topics in Aerospace Law Series, which is a supplement to the Journal of Space Law.

The Journal of Space Law Cumulative Index Volumes 1 – 35 Now Available Without Cost

July 22, 2010 at 12:47 pm | Posted in Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabryn0wicz with the blog faculty

The National Center for Remote Sensing, Air, and Space Law is happy to announce that The Journal of Space Law Cumulative Index, a supplement to the Journal of Space Law, is now available.  The Index is a research tool for finding relevant articles in back issues of the Journal of Space Law from 1973. The index is searchable by author and subject as well as by the tables of contents from all the issues of the Journal of Space Law. The index will be updated as each new volume of the Journal becomes available.

2007 Journal of Space Law Vol. 33 Now Downloadable without Charge

March 2, 2010 at 10:37 am | Posted in Journal of Space Law, NCRSASL News | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

The 2007 summer and winter issues of the Journal of Space Law are now available without charge.  It is the policy of the Journal of Space Law to make volumes available on-line when they become three years old. Volumes also continue to be available through Hein OnLine.

As the tables of contents show, these volumes are filled with timely and relevant articles by some of the community’s most well-respected authors. Topics range from certification of satellite data for use in legal proceedings under the U.S. Federal Rules of Evidence; informed consent for space tourism; the legal foundation of U.S. national security policy; patent rights under the Commercial Orbital Transportation Services program; and, shareholders’ actions in a State-owned remote sensing company, among others. Authors include R. Cargill Hall, Stephan Hobe, Tracey Knutson, Sylvia Ospina, Qi Yongliang, and Yun Zhao among others. Issue 2 also contains translations of Chinese national space law and Japan’s Geospatial Information Utilization Promotion Bill.

VOLUME 33, NUMBER 1 Summer 2007

Articles

The Evolution of U.S. National Security Space Policy and its Legal Foundations in the 20th Century by  R. Cargill Hall

What is “Informed Consent” for Space-Flight Participants in the Soon-To-Launch Space Tourism Industry?  by Tracey Knutson

A Review of the Space Development Promotion Act of the Republic of Korea by Yoon Lee

China’s ASAT Test: A Demonstrated Need for Legal Reform by  K.K. Nair

Legal Certification of Digital Data: The Earth Resources Observation and Science Data Center Project by  Ronald J. Rychlak, Joanne Irene Gabrynowicz, and  Rick Crowsey

The Effect of the Liability Convention on National Space Legislation by Susan Trepczynski

Student Paper

International and U.S. National Laws Affecting Commercial Space Tourism: How ITAR Tips the Balance Struck Between International Law and the CSLAA by Charles W. Stotler

Agreement

European Cooperating State Agreement between the European Space Agency and the Government of the Republic of Poland

Bibliography

VOLUME 33, NUMBER 2 Winter 2007

Articles

Jurisdiction in Outer Space: Challenges of Private Individuals in Space by P.J. Blount

Patent Rights Under Space Act Agreements and Procurement Contracts: A Comparison by the Examination of NASA’s Commercial Orbital Transportation Services (COTS) by Tiphany Baker Dickerson

Space Tourism Activities – Emerging Challenges to Air and Space Law? by Stephan Hobe, Gérardine Meishan Goh, and Julia Neumann

Suborbital Space Tourism Flights: An Overview of Some Regulatory Issues at the Interface of Air and Space Law by Melanie Walker

A Study of Aerospace Legislation of China  by Qi Yongliang

Case Note

Corporate-Sovereign Symbiosis: Wilson v. ImageSat International, Shareholders’ Actions, and the Dualistic Nature of State-Owned Corporations  by Jason A. Crook

Commentary

National Space Legislation in Mainland China  by Yun Zhao

Law

Chinese Law: Registration, Launching and Licensing Space Objects: 1) Order No. 6 of the Commission of Science, Technology, and In- dustry for National Defense and the Ministry of Foreign Affairs of the People’s Republic of China, 8 February 2001; Annex: National Registration Form of Space Objects

2) Order No. 12 of the Commission of Science, Technology, and Industry for National Defense of the People’s Republic of China, 21 November 2002;

Annex: Application Form for Licensing the Project of Launching Civil Space Objects

Japanese Law: Geospatial Information Utilization Promotion Bill of May 30, 2007

Book Review

Direito e Política na Era Espacial: Podemos ser mais justos no espaço de que na Terra? (Law and Policy in the Space Age: Can we be more just [or equitable] in Space than on Earth?) by José Monserrat Filho, Reviewed by Sylvia Ospina

Bibliography


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