REGULATION (EC) No 1008/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 September 2008 on common rules for the operation of air services in the Community (Recast)

October 31, 2008 at 8:54 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

REGULATION (EC) No 1008/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 September 2008 on common rules for the operation of air services in the Community (Recast) was published in today’s Official Journal of the European Union (L 293/3).

United Nations/Thailand/European Space Agency (ESA) Workshop on Space Law “Activities of States in Outer Space in Light of New Developments: Meeting International Responsibilities and Establishing National Legal and Policy Frameworks” Postponed

October 31, 2008 at 8:47 am | Posted in Space Law Current Events | Leave a comment

by P.J. Blount with the blog faculty

The United Nations/Thailand/European Space Agency (ESA) Workshop on Space Law “Activities of States in Outer Space in Light of New Developments: Meeting International Responsibilities and Establishing National Legal and Policy Frameworks,” Bangkok, Thailand has been postponed until 2009 according to the UNOOSA website.

Introduction to U.S. Export Controls for the Commercial Space Industry

October 31, 2008 at 8:43 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

FAA AST has released an Introduction to U.S. Export Controls for the Commercial Space Industry:

Purpose of this Publication
The Introduction to U.S. Export Controls for the Commercial Space Industry provides information to help American commercial space organizations, especially emerging entrepreneurial “NewSpace” firms, that are considering activity in the international market, including overseas operations and any interactions with foreign nationals. These organizations need to consider the relevance of export controls on their activities. This guidebook provides a starting point to assist in the initial preparation for the export control process. Because most space technologies are subject to export controls, it is the responsibility of companies that might export technology to be aware of the steps necessary to ensure that their operations are lawful.

This guidebook will provide an overview of the general responsibilities and procedures, but it cannot encapsulate all regulations or detail all procedures. Reading this document should not replace discussion with the appropriate regulatory bodies or legal counsel prior to any technology or information export. Nor can this guidebook serve as the official or latest source of information.

Report: NTSB Should Investigate Space Accidents

October 31, 2008 at 8:39 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From Flight Global:

Congress told: make NTSB official space accident investigator
By Rob Coppinger

A commercial human spaceflight safety report for Congress has recommended that new legislation should be passed to put the US government’s National Transportation Safety Board’s (NTSB) role of lead agency for space vehicle accident investigatons on a legal footing.

The NTSB already has agreements with the US Federal Aviation Administration and the Air Force but its role is not enshriined in law. The safety report was a requirement of the Commercial Space Launch Act Amendent (CSLAA) 2004 that also defined suborbital tourism and directed the FAA’s office of commercial space transportation (AST) to regulate it.

Another of the report’s conclusions regarding new legislation is that, “[The] FAA/AST…is limited to launch and reentry operations. [This] should be corrected in time to address expected commercial orbital ventures.” . . . [Full Story]

Russia Invites Cuba to GLONASS System

October 31, 2008 at 8:06 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From RIA Novisti:

Russia invites Cuba to join Glonass satellite navigation system
09:59 | 31/ 10/ 2008

HAVANA, October 31 (RIA Novosti) – Russia has invited Cuba to join its satellite navigation system, Glonass, Russia’s communications minister, who is currently on a working visit in Havana, said on Friday.

Glonass – the Global Navigation Satellite System – is the Russian equivalent of the U.S. Global Positioning System, or GPS, and is designed for both military and civilian use. Both systems allow users to determine their positions in terms of longitude, latitude and altitude to within a few meters.

“We are inviting all countries to join the system,” Igor Shchegolev said at a news conference. “And, of course, we have invited Cuba.”

Glonass is expected to begin providing worldwide services by the end of the next year.

Shchegolev and his Cuban counterpart Ramiro Valdes also signed a memorandum on cooperation in information technology.

NASA – Korea Space Cooperation

October 30, 2008 at 12:16 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From NASA:

NASA And Korea Sign Statement Of Intent For Future Cooperation
October 30th, 2008

Washington, (NASA) – During a meeting Thursday at the Ministry of Education, Science and Technology (MEST) in Seoul, Korea, NASA’s Assistant Administrator for External Relations, Michael F. O’Brien, and MEST’s Director-General for Big Science, Munki Lee, signed a joint statement of intent identifying potential interest in cooperation in civil space and aeronautics activities.

According to the statement, the two agencies agree to conduct discussions to identify new cooperative activities related to space exploration, Earth science, planetary science, human space flight and aeronautics research. The fundamental goal of these discussions will be to advance the interests of both nations through cooperation in space and aeronautics programs. A joint report is expected eight months from today’s signing.

The discussions are intended to explore a wide range of potential cooperative efforts, including exchange of research data and analysis, potential contributions of scientific instruments and hardware to support future missions, and collaborative exploration architecture planning.

The discussions may also include the International Lunar Network, an ongoing multilateral initiative to establish a robotic network on the surface of the moon; the Global Exploration Strategy, a dialogue involving fourteen international space agencies for enhanced international cooperation in space exploration; and the International Space Exploration Coordination Group, a multilateral effort to coordinate space exploration activities among government space agencies.

First Committee Approves Resolution on the Prevention of an Arms Race in Outer Space

October 30, 2008 at 8:46 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

On October 29, 2008 the UN General Assembly’s First Committee approved the draft resolution on Prevention of an arms race in outer space (document A/C.1/63/L.4) by a vote of 166 in favour to 1 against, with 1 abstention:

In favour: Afghanistan, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia (Federated States of), Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: United States.

Abstain: Israel.

Absent: Albania, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gabon, Gambia, Guinea-Bissau, Kiribati, Lesotho, Nauru, Palau, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Solomon Islands, Somalia, Tonga, Tuvalu, Vanuatu.

Text (taken from the draft document):

Prevention of an arms race in outer space

The General Assembly,
Recognizing the common interest of all mankind in the exploration and use of outer space for peaceful purposes,
Reaffirming the will of all States that the exploration and use of outer space, including the Moon and other celestial bodies, shall be for peaceful purposes and shall be carried out for the benefit and in the interest of all countries, irrespective of their degree of economic or scientific development,
Reaffirming also the provisions of articles III and IV of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,
Recalling the obligation of all States to observe the provisions of the Charter of the United Nations regarding the use or threat of use of force in their international relations, including in their space activities,
Reaffirming paragraph 80 of the Final Document of the Tenth Special Session of the General Assembly,2 in which it is stated that in order to prevent an arms race in outer space, further measures should be taken and appropriate international negotiations held in accordance with the spirit of the Treaty,
Recalling its previous resolutions on this issue, and taking note of the proposals submitted to the General Assembly at its tenth special session and at its regular sessions, and of the recommendations made to the competent organs of the United Nations and to the Conference on Disarmament,
Recognizing that prevention of an arms race in outer space would avert a grave danger for international peace and security,
Emphasizing the paramount importance of strict compliance with existing arms limitation and disarmament agreements relevant to outer space, including bilateral agreements, and with the existing legal regime concerning the use of outer space,
Considering that wide participation in the legal regime applicable to outer space could contribute to enhancing its effectiveness,
Noting that the Ad Hoc Committee on the Prevention of an Arms Race in Outer Space, taking into account its previous efforts since its establishment in 1985 and seeking to enhance its functioning in qualitative terms, continued the examination and identification of various issues, existing agreements and existing proposals, as well as future initiatives relevant to the prevention of an arms race in outer space,3 and that this contributed to a better understanding of a number of problems and to a clearer perception of the various positions,
Noting also that there were no objections in principle in the Conference on Disarmament to the re-establishment of the Ad Hoc Committee, subject to re-examination of the mandate contained in the decision of the Conference on Disarmament of 13 February 1992,4
Emphasizing the mutually complementary nature of bilateral and multilateral efforts in the field of preventing an arms race in outer space, and hoping that concrete results will emerge from those efforts as soon as possible,
Convinced that further measures should be examined in the search for effective and verifiable bilateral and multilateral agreements in order to prevent an arms race in outer space, including the weaponization of outer space,
Stressing that the growing use of outer space increases the need for greater transparency and better information on the part of the international community,
Recalling, in this context, its previous resolutions, in particular resolutions 45/55 B of 4 December 1990, 47/51 of 9 December 1992 and 48/74 A of 16 December 1993, in which, inter alia, it reaffirmed the importance of confidence building measures as a means conducive to ensuring the attainment of the objective of the prevention of an arms race in outer space,
Conscious of the benefits of confidence- and security-building measures in the military field,
Recognizing that negotiations for the conclusion of an international agreement or agreements to prevent an arms race in outer space remain a priority task of the Ad Hoc Committee and that the concrete proposals on confidence-building measures could form an integral part of such agreements,

Noting with satisfaction the constructive, structured and focused debate on the prevention of an arms race in outer space at the Conference on Disarmament in 2008,
1. Reaffirms the importance and urgency of preventing an arms race in outer space and the readiness of all States to contribute to that common objective, in conformity with the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies;
2. Reaffirms its recognition, as stated in the report of the Ad Hoc Committee on the Prevention of an Arms Race in Outer Space, that the legal regime applicable to outer space does not in and of itself guarantee the prevention of an arms race in outer space, that the regime plays a significant role in the prevention of an arms race in that environment, that there is a need to consolidate and reinforce that regime and enhance its effectiveness and that it is important to comply strictly with existing agreements, both bilateral and multilateral;
3. Emphasizes the necessity of further measures with appropriate and effective provisions for verification to prevent an arms race in outer space;
4. Calls upon all States, in particular those with major space capabilities, to contribute actively to the objective of the peaceful use of outer space and of the prevention of an arms race in outer space and to refrain from actions contrary to that objective and to the relevant existing treaties in the interest of maintaining international peace and security and promoting international cooperation;
5. Reiterates that the Conference on Disarmament, as the sole multilateral disarmament negotiating forum, has the primary role in the negotiation of a multilateral agreement or agreements, as appropriate, on the prevention of an arms race in outer space in all its aspects;
6. Invites the Conference on Disarmament to complete the examination and updating of the mandate contained in its decision of 13 February 19924 and to establish an ad hoc committee as early as possible during its 2009 session;
7. Recognizes, in this respect, the growing convergence of views on the elaboration of measures designed to strengthen transparency, confidence and security in the peaceful uses of outer space;
8. Urges States conducting activities in outer space, as well as States interested in conducting such activities, to keep the Conference on Disarmament informed of the progress of bilateral and multilateral negotiations on the matter, if any, so as to facilitate its work;
9. Decides to include in the provisional agenda of its sixty-fourth session the item entitled “Prevention of an arms race in outer space”.

Russia to the Shanghai Cooperation Organization (SCO)

October 30, 2008 at 7:44 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From Roscosmos (via Google Translation):

30-10-2008 The President of the Russian Federation Vladimir Putin addressed a meeting of the Heads of government of SCO member countries in the enlarged

“When we talk about high-tech, I think that in the light of scientific and technological capabilities and expertise of our countries would be important to consider the possibility of networking in the field of space activities on a draft program of practical applications of space-based communications, navigation, remote sensing of the Earth. Tem more than that on a bilateral basis with almost all countries of the SCO to us on this issue develop good contacts and cooperation is not bad. ”

Arab Space Agency

October 30, 2008 at 7:12 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From SatNews Daily:

October 30, 2008

Development Of An Arab Space Agency Being Discussed

The United Arab Emirates is encouraging Arab and North African countries to participate in the efforts to set up an Arab space agency (ASA), Dr. Omar Al Emam, Advisor, Arab Science and Technology Foundation told the Khaleej Times.

Satellite technology can boost the efforts of governments to enhance the studies on environment, geology, aerospace and pollution and it can also be used for security purposes. Some of the Arab states, Dr. Omar said, have independent space programs and they use satellite technology quite often. Talks have already been held with the authorities concerned in regional governments and Arab League. “The aim is to create a common platform for Arab and North African countries to explore and adopt the latest space technology. The agency will work as a facilitator of this service and support all space related researches,” Dr. Omar said while attending the National Security Summit last Tuesday. The countries in the region can afford to buy the technology but developing it by themselves would be more advantageous.“ The ASA will coordinate the efforts to develop space technologies for the countries in the region,” he said.

ITU High-Level Segment (HLS) to Address Climate Change and Cyber Security

October 29, 2008 at 8:46 am | Posted in Space Law Current Events | Leave a comment

by P.J. with the blog faculty

The International Telecommunications Union’s(ITU) High-Level Segment (HLS) will address the topics of Climate Change and Cyber Security this year.

The website notes that:

ICTs such as wireless and satellite communication systems, remote sensing systems and satellite imaging can make a vital difference, allowing warnings to be sent of impending disasters. In the first crucial hours and days after a disaster they allow the identification of its extent, the location of survivors, and permit humanitarian teams to communicate effectively, including with local hospitals and paramedics.

The Draft Provisional Agenda is online.

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