Legal Property Rights In Space

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Outer Space Law

Author : Yanal Abul Failat
Publisher :
ISBN 13 : 9781911078197
Total Pages : 390 pages
Book Rating : 4.0/5 (781 download)

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Book Synopsis Outer Space Law by : Yanal Abul Failat

Download or read book Outer Space Law written by Yanal Abul Failat and published by . This book was released on 2017 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.

Legal Property Rights in Space

Author : Rhett W. Brown
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Legal Property Rights in Space by : Rhett W. Brown

Download or read book Legal Property Rights in Space written by Rhett W. Brown and published by . This book was released on 2020 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As access to space proliferates and launch costs reduce, competition in the space domain experiences a corresponding increase. Current U.S. policy, such as the Commercial Space Launch Competitiveness Act, supports the commercialization of space and legal space property rights as described by the National Space Society Milestone Seven. In order to secure the best possible outcome, as described by the 2019 Space Futures Working Group, the U.S. must embrace a whole of government effort to promote domestic investment in the space industry, retain international leadership and set international norms in space. As space industry becomes more profitable, the Space Force mission to protect U.S. space interests will grow to potentially include manned defense missions, kinetic and non-kinetic operations and furthering the scientific understanding of the space domain. Current international agreements, such as the Outer Space Treaty, must be revised to reflect the new geopolitical situation the globe experiences today. Issues such as legal property rights and sovereignty over celestial bodies, extraplanetary self-determination and the 1968 Rescue Agreement should be re-addressed to reflect an increasingly competitive and accessible space environment."--Abstract.

The Development of Outer Space

Author : Thomas Gangale
Publisher : Bloomsbury Publishing USA
ISBN 13 : 031337824X
Total Pages : 334 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis The Development of Outer Space by : Thomas Gangale

Download or read book The Development of Outer Space written by Thomas Gangale and published by Bloomsbury Publishing USA. This book was released on 2009-07-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own. In the United States, lobbies for the commercial development of space have become increasingly antagonistic toward the international legal regime of outer space, condemning the 1967 Outer Space Treaty and the unratified 1979 Moon Agreement as anti-business. The Development of Outer Space: Sovereignty and Property Rights in International Space Law argues that the res communis principle enshrined in the Outer Space Treaty was misrepresented here, with essential help from corporate lobbyists whose real object was the defeat of the Law of the Sea Convention. Thomas Gangale builds the legal case for reviving the moribund Moon Agreement as a prelude to negotiating a second Moon treaty to establish a regulatory regime for the exploitation of extraterrestrial resources. The author's account of the inception and evolution of outer space law to date is deeply informed by his appreciation of such terrestrial considerations as the nation-state system, the contending economic theories of capitalism and communism, and the post-colonial struggle between the developed space-faring nations and the developing earthbound nations.

The Protection of Intellectual Property Rights in Outer Space Activities

Author : Tosaporn Leepuengtham
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369628
Total Pages : 257 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis The Protection of Intellectual Property Rights in Outer Space Activities by : Tosaporn Leepuengtham

Download or read book The Protection of Intellectual Property Rights in Outer Space Activities written by Tosaporn Leepuengtham and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.

The Policy Space in International Intellectual Property Law

Author : Emmanuel Kolawole Oke
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900451208X
Total Pages : 306 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Policy Space in International Intellectual Property Law by : Emmanuel Kolawole Oke

Download or read book The Policy Space in International Intellectual Property Law written by Emmanuel Kolawole Oke and published by Martinus Nijhoff Publishers. This book was released on 2022-04-19 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.

Who Owns the Moon?

Author : Virgiliu Pop
Publisher : Springer Science & Business Media
ISBN 13 : 1402091354
Total Pages : 183 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Who Owns the Moon? by : Virgiliu Pop

Download or read book Who Owns the Moon? written by Virgiliu Pop and published by Springer Science & Business Media. This book was released on 2008-11-16 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.

Handbook of Space Law

Author : Frans von der Dunk
Publisher : Edward Elgar Publishing
ISBN 13 : 1781000360
Total Pages : 1137 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Handbook of Space Law by : Frans von der Dunk

Download or read book Handbook of Space Law written by Frans von der Dunk and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte

The Concept of State Jurisdiction in International Space Law

Author : Imre Anthony Csabafi
Publisher : Springer
ISBN 13 : 9401509212
Total Pages : 289 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Concept of State Jurisdiction in International Space Law by : Imre Anthony Csabafi

Download or read book The Concept of State Jurisdiction in International Space Law written by Imre Anthony Csabafi and published by Springer. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex pressed his views on the meaning of these principles.

Advanced Introduction to Space Law

Author : Frans G. von der Dunk
Publisher : Edward Elgar Publishing
ISBN 13 : 1789901863
Total Pages : 144 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Advanced Introduction to Space Law by : Frans G. von der Dunk

Download or read book Advanced Introduction to Space Law written by Frans G. von der Dunk and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frans von der Dunk, a leading authority on space law, presents a nuanced introduction to the topic, explaining the legal rules, rights and obligations applicable to activities in outer space and activities that precede operations in space. He analyzes the interaction of these elements as well as how international organizations relate to the core tenets of space legislation.

The Space Treaties at Crossroads

Author : George D. Kyriakopoulos
Publisher : Springer
ISBN 13 : 3030014797
Total Pages : 197 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Space Treaties at Crossroads by : George D. Kyriakopoulos

Download or read book The Space Treaties at Crossroads written by George D. Kyriakopoulos and published by Springer. This book was released on 2019-02-18 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University

Property Rights in Outer Space

Author : Maria Manoli
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (973 download)

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Book Synopsis Property Rights in Outer Space by : Maria Manoli

Download or read book Property Rights in Outer Space written by Maria Manoli and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Commercial exploitation of outer space has intensely been discussed by the international community and the space industry. Such exploitation of outer space often presupposes the acquisition of property rights on parts of outer space; on minerals of celestial bodies (i.e., the case of space mining), an activity that currently constitutes one of the biggest commercial initiatives of the space industry. Despite academic and legal efforts to illuminate the issue of property rights in outer space, there is no interpretation of the relevant space law provisions to provide global uniformity and unity. The very nature of outer space - an area beyond sovereignty and appropriation as enshrined in the provisions of space law - constitutes the main barrier to ownership acquisition on parts of outer space. Recent investment plans and objectives of space actors that point to extract and exploit parts of celestial bodies, coupled with the terrestrial needs to access alternative natural resources, render the discussion of the issue essential. Similarly, the vast amount of harvestable outer space mineral resources that are proven to exist in celestial bodies constitute another reason to support an interpretation of lex spetialis in a manner that will facilitate their commercial use and exploitation by allowing the establishment of ownership on them. This thesis argues the legality of private ownership of parts of celestial bodies in view of the general status of outer space. The examination of such issue revolves around three main axes that form the basis of the three chapters of this thesis: the justification of the need to examine the issue and its significance for both the international legal community and the space industry; the specific characteristics of the nature of outer space, and; the subsequent interpretation of the provisions of space law (i.e. mainly the principles of "non-appropriation" and "freedom of exploration and use" of outer space), cores in the corpus juris spatialis. Hence, this thesis aims to cover the silence of lex spatialis on the matter; silence which creates a significant lacuna in space law and cumbers space industry initiatives by creating uncertainty." --

Outer Space Law

Author : Yanal Abul Failat
Publisher :
ISBN 13 : 9781787424821
Total Pages : 575 pages
Book Rating : 4.4/5 (248 download)

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Book Synopsis Outer Space Law by : Yanal Abul Failat

Download or read book Outer Space Law written by Yanal Abul Failat and published by . This book was released on 2022-04-06 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, particularly the strategic benefit of Earth observation from outer space as a national security tool. However, the dual-use potential of many space applications increasingly blurs the distinction between the military and non-military uses of space. In fact, many States have openly declared their willingness to protect their space assets by military means and some have even described outer space as a war-fighting domain. Non-State entities are becoming more and more involved in outer space activities, including the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Private operators have significantly increased activity in the launch of satellites and in 2021 no less than three private space companies (Virgin Galactic, Blue Origin and SpaceX) conducted successful space tourist flights. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people around the world. Consequently, the socio-economic benefits of space technology (in particular satellite technology) have made the development of space programmes an increasing necessity for developing States. Outer space has become a congested environment. The involvement of private actors, specifically, has given rise to a number of legal issues, including questions pertaining to liability, insurance, space debris, human rights and property rights in space. To address these legal uncertainties, the existing chapters in the second edition of Outer Space Law: Legal Policy and Practice have been updated significantly and several new chapters have been added dealing with topical issues including: the regulation of satellite navigation systems, and satellite constellations; the application of human rights in outer space settlements; the exploration and colonisation of outer space; and planetary protection. The second edition of Outer Space Law: Legal Policy and Practice remains aimed at readers looking for a single title to understand the key issues relevant to the space sector, by also emphasising the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and State departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm Fasken, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.

Space Stations and the Law

Author :
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Space Stations and the Law by :

Download or read book Space Stations and the Law written by and published by . This book was released on 1986 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Outer Space

Author : Glenn Reynolds
Publisher : Routledge
ISBN 13 : 1000309487
Total Pages : 439 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Outer Space by : Glenn Reynolds

Download or read book Outer Space written by Glenn Reynolds and published by Routledge. This book was released on 2019-08-22 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.

The Exploitation of Natural Resources of the Moon and Other Celestial Bodies

Author : Fabio Tronchetti
Publisher : BRILL
ISBN 13 : 904742879X
Total Pages : 400 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Exploitation of Natural Resources of the Moon and Other Celestial Bodies by : Fabio Tronchetti

Download or read book The Exploitation of Natural Resources of the Moon and Other Celestial Bodies written by Fabio Tronchetti and published by BRILL. This book was released on 2009-10-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies. The exploitation of lunar and other celestial bodies’ resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.

Research and Invention in Outer Space

Author : Mosteshar
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004640215
Total Pages : 380 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Research and Invention in Outer Space by : Mosteshar

Download or read book Research and Invention in Outer Space written by Mosteshar and published by Martinus Nijhoff Publishers. This book was released on 2023-11-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outer space affords a unique physical environment in which to conduct experiments. The most widely appreciated characteristic of the space environment is that of microgravity. Outer space also provides a sterile setting not easily or inexpensively achievable on Earth. The electromagnetic and radiation levels too differ significantly from those on Earth. These and other natural attributes of outer space make it a potentially attractive environment for the conduct of experiments, which will lead to inventions in a wide range of high technology fields. This unique environment is increasingly accessible to experimenters and inventors at costs which are commercially attractive. The Mir Space Station as well as NASA Shuttle Flights already provide opportunities for experiments to be conducted in outer space. When the Multi-National Space Station is established there will be even greater numbers of experiments and research projects conducted there. Outer space also presents a unique legal environment for these activities. Recognizing this, and the uncertainty surrounding a number of central legal issues which will result from such activity, this book sheds light on the incidental legal questions that arise. Based on the papers presented at a conference on the topic in Paris, the book examines patentability and intellectual property infringement, as well as contractual issues and related topics. Also included are papers on the liabilities that arise out of activities in outer space, the relevant jurisdictional considerations, and the growing commercialization of space activities in the United States and in Europe.

Property Rights in Space

Author : Wian Erlank
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Property Rights in Space by : Wian Erlank

Download or read book Property Rights in Space written by Wian Erlank and published by . This book was released on 2017 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard to ownership in space should be reconsidered. As it stands, ownership in space is governed by international law and currently private and even national ownership of celestial bodies is prohibited. While (controversially) arguing for the recognition of private ownership in space, I constantly have to field questions surrounding the pragmatic assertion that since international law and United Nations treaties and conventions prohibit ownership in space, there can be no development that will allow for this. Hence, while not abandoning my purely property law-oriented arguments for recognising private ownership in and on celestial bodies, I will maintain my arguments for property rights in space and analyse a number of differing options available to private entities who would like to acquire property rights in space. As such, I purposefully avoid the maligned terminology of "ownership", and rather look at various other options that still give the intrepid celestial entrepreneur some sort of property right, or even a property-like protection of their interests in space. Some examples include concessions, mining licences, prospecting rights, and certain contractual rights that could benefit from property-like protection. The thesis is that even if ownership of celestial objects is not accepted due to the existence of various problematic dogmatic viewpoints, one would still be able to achieve much the same effect by using other property mechanisms.