Marboe, Irmgard --- "National space law" [2015] ELECD 249; in von der Dunk, Frans (ed), "Handbook of Space Law" (Edward Elgar Publishing, 2015) 127

Book Title: Handbook of Space Law

Editor(s): von der Dunk, Frans

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781000359

Section: Chapter 3

Section Title: National space law

Author(s): Marboe, Irmgard

Number of pages: 78

Abstract/Description:

Chapter 3 focuses on space law as it has developed at the national level in a number of states, largely in implementation of the international space treaties and their concepts of state responsibility, state liability and registration. The core aspect of such national legislation from this perspective concerns in particular the handling of private activities in or related to outer space; from this (limited) perspective more than a dozen states have so far indeed drafted national space legislation (the United States, Norway, Sweden, the United Kingdom, the Russian Federation, South Africa, Ukraine, Hong Kong, Australia, Brazil, South Korea, Belgium, the Netherlands, France, Austria and Kazakhstan; in more limited fashion also for example Canada, Germany, Italy, Spain, Japan and Argentina). These laws notably deal with the licensing of space activities, requirements regarding liability and insurance, registration and jurisdictional issues, and usually apply to private activities conducted from within a state’s jurisdiction. From a broader angle, national law has also dealt with sub-issues such as registration or liability, with attendant issues such as the role of national space and/or licensing agencies, and with specific areas. Examples of the latter concern the use of satellites in the context of national telecommunications legislation or national security aspects of satellite remote sensing. In a number of respects, moreover, such national laws also reflect more nationally oriented legal or policy issues, such as handling liability for damage caused to national citizens or environmental concerns. National space legislation has recently attracted a lot of attention both in theory and in practice. The need for national space laws or regulations has arisen due to the increasing activities of private actors in the exploration and use of outer space. Traditional law on outer space does not cover private space activities but only addresses states and international organizations. This is understandable as, for a long time, those subjects of public international law were the only actors in outer space. The technology necessary to launch objects into outer space was almost entirely controlled by states, originating from the military sector. Since the end of the Cold War, however, the civilian and private uses of outer space have increasingly played an important role. While the states continue to use satellites for important public interest purposes, such as weather forecasting, earth observation, communication, navigation, science and research, private companies have discovered the potential of the use of outer space for commercial purposes, in particular in the area of telecommunication services. The increasing commercialization of space activities has also led to the privatization of some space-related intergovernmental organizations, such as INTELSAT, INMARSAT or EUTELSAT, which became private operators that are not subjects of public international law anymore but companies incorporated in one particular country, thus private legal persons under national law. Furthermore, research institutions and universities have started to develop space activities for their own purposes which are less complex and more affordable.