Private Law, Public Law, Metalaw and Public Policy in Space: A Liber Amicorum in Honor of Ernst Fasan (Space Regulations Library Book 8)

The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the __corpus juris spatialis__. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential __Relations With Alien Intelligences The Scientific Basis of Metalaw__ by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan. Foreword 1 6 Foreword 2 8 Preface 10 Contents 12 List of Abbreviations 14 Biography of Ernst Fasan 18 About the Authors 20 Introduction 28 Small Is Beautiful? Legal Challenges of Small Satellites 31 Introduction 31 Main Characteristics and Uses of Small Satellites 33 Authorization 35 Liability, Risk and Insurance 37 National and International Registration 40 Frequency Registration 41 Mitigation of Space Debris 44 Conclusion 45 Legal Aspects of Solar Power Satellites 47 Introduction 48 Identification of Safety Risks 53 Liability Aspects 56 International Law 57 Liability of SPS as a Space Object 57 Liability for Electric Transmissions 62 Interference to Radio Services 63 Adverse Effects on Human Health and Property 64 Domestic Law of the U.S 65 Space Activity Licensing in the U.S 65 Use of Radio Frequencies and Orbital Positions by SPS Under the U.S. Law 68 Liability Under the U.S. Law 69 Managing Risks 70 Risk Allocation 71 International Consortium/Public-Private Partnership 73 Dispute Resolution 78 Legislation as Regulatory Risk Management 80 Conclusions and Recommendations 80 Prospects for the Arbitration of Disputes in Public – Private Space Projects 82 Introduction 83 Context and Definitions 84 Scenarios, Characteristics and Specific Circumstances 86 Nigcomsat-I 89 Galileo 89 NASA Space Act Agreements 90 Cape Town Convention and Space Protocol 92 Concluding Remarks 93 Legal Issues in China’s Future Participation in the Space Protocol to the Cape Town Convention 96 Introduction 96 An Overview of the Space Protocol 98 Impact of the Space Protocol on the Relevant Industries in China 100 Suggestions on the Chinese Government’s Future Participation 103 The Coordination Between the Space Protocol and the Chinese Legal Regime 103 Declarations to Be Made for the Purpose of Accession 105 Conclusion 108 Chinese Space Legislation: Current Situation and Possible Way Forward 109 Introduction 109 Overview of the Legislative and Administrative Organization of Chinese Space Activities 111 The Legislative Evolution 111 Organizational Structure of Chinese Space Activities 112 The Legislative Framework Regulating Chinese Space Activities 114 The International Legal Framework 114 National Space Legislation: Aims and Structure 115 Authorization and Supervision of Private Space Activities 116 Compliance with International Obligations 116 Organization of National Space Activities 117 Promotion and Regulation of Commercial Space Operations 117 Chinese Law-Making Process and Space Legislation 118 Military and Civil Space Legislation 119 Military Space Legislation 119 Civil Space Legislation 120 The Registration Measures 121 Main provisions 121 The Registration Measures: A Commentary 123 The Licensing Measures and Procedures 124 Main Provisions 124 The Licensing and Procedures Measures: A commentary 126 The Space Debris Interim Instrument 127 The Future of Chinese Space Legislation: Proposals and Way Forward 129 Main Considerations 129 The Way Forward 134 Conclusion 135 Applying the Jus in Bello to Military Uses of Outer Space: A Square Peg in a Round Hole? 136 Outer Space – The Need for Law in This New Domain of Human Activity 136 How to Regulate the Military Uses of Outer Space 138 The Jus in Bello Principles – A Brief Description 141 How ‘New’ Warfare Impacts Upon the Jus in Bello Principles 142 Applying the Jus in Bello Principles to Space Activities 144 Concluding Remarks – Can We Agree on Appropriate Binding Principles? 147 Outer Space as Private Property and Theater of War? 150 Introduction 151 Private Property in Space: A Sixteenth-Century Paradigm? 151 Is War in Space Closer Than Ever? 152 Let’s Create a Village on the Moon? 153 Why a Moon Agreement? 154 Can a National Law Regulate Property Rights in Outer Space? 156 A Controversial Property Rights Regime? 156 Is Collecting Lunar Samples a Good Foundation for Commercial Exploitation? 157 “Use of Outer Space” – What It Means? 158 Are the Market Forces Reliable Drivers? 159 Non-appropriation Principle 160 Is It Consistent with the Outer Space Treaty? 161 Could the Outer Space Treaty Be Possibly Changed? 161 How to Change the Outer Space Treaty? 162 Territorial Disputes on the Moon? 162 Conflict of Laws 163 Cases of Dennis Hope and Gregory Nemitz 163 Replace the Principle of Common Use by Private Ownership? 164 Military-Industrial Complex in Outer Space? 165 Concluding Questions 166 Annex I 167 Statement by the Board of Directors of the International Institute of Space Law (IISL) on Claims to Property Rights Regarding the Moon and Other Celestial Bodies 167 2004 167 Annex II 168 Statement of the Board of Directors of the International Institute of Space Law (IISL) 168 22 March 2009 168 Annex III 169 Position Paper on Space Resources Mining 169 I. The U.S. Commercial Space Launch Competitiveness Act 169 II. The Legal Situation Relating to Space Resource Exploitation Under International Space Law 170 III. Future Perspectives 171 SETI and the IAA SETI Permanent Committee: Past, Present and Possible Future 172 The Origins of SETI: The Classical Radio Scheme 173 Technological Evolution in RADIO SETI Over 55 Years (1960–2015): FFT to KLT 175 SETI Institute and Allen Telescope Array (ATA) as the World-­Leading SETI Institution (1984–2012): But Is That Still True in 2016? 176 The Discovery of EXOPLANETS, the Rise of ASTROBIOLOGY and Its Bearing on SETI 178 The Berkeley SETI Group as the Current, True Leader of World-Wide SETI 178 The Russian SETI Program Since Kardashev (1960s) 179 The Chinese Largest Radiotelescope in the World (FAST) 179 The UK Entering SETI Research, At Long Last, Since About 2010 179 The International Academy of Astronautics SETI Permanent Committee and Its 50 Years-Long Story 180 Renovating the IAA SETI Permanent Committee at the IAC in Toronto, October 3, 2014 182 The Future, as of October 2015 183 SETI, Metalaw, and Social Media 186 Introduction 186 The Search for Extra-Terrestrial Intelligence 188 Metalaw and Relations with Alien Intelligence 189 Social Media and First Contact 191 Disclosure 192 Post-detection Responses 196 Conclusion 200 Annex I 201 Declaration of Principles Concerning Activities Following the Detection of Extraterrestrial Intelligence 201 Annex II 204 Draft Declaration of Principles Concerning Sending Communications with Extraterrestrial Intelligence 204 Annex III 205 Declaration of Principles Concerning the Conduct of the Search for Extraterrestrial Intelligence 205 Preamble 205 Principles 205 Appendix Relations with Alien Intelligences – The Scientific Basis of Metalaw 207 Contents 208 Foreword 210 Introduction 211 I: The Possibility of Encountering Nonhuman Intelligent Beings 213 Opinions in Ancient Literature 213 The Results of Modern Science 215 II: The Physical Nature of Extraterrestrial Beings 229 The Necessary Characteristics 229 Origin and Development of Protoplasmic Life 233 Intelligent Machines – The Question of Robots 234 III: The Concept, Term, and Literature of Metalaw 236 Selection and Definition of the Term 236 A Survey of Literature 238 IV: The Categorical Imperative and Metalaw 246 V: The Rules of Metalaw 250 Legal History 250 Evolution of the Rules 253 VI: An Order of Precedence for Metalaw, and the Pure Theory of Law 260 Order of the Basic Rules 260 The Pure Theory of Law and Metalaw 261 VII: Metapolitics 264 Préface 270 Synopsis in French [Résumé Français] 271 Geleitwort 274 Synopsis in German [Beziehungen zu auβerirdischen Intelligenzen] 276 Eine wissenschaftliche Grundlage für das Metarecht 276 Prologo 280 Synopsis in Spanish [Relaciones con inteligencias extraterrestres] 283 Una base científica para el metaderecho 283 Bibliography 287 Appendix Index 289 Index 292 The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan."--Back cover Front Matter....Pages i-xxix Small Is Beautiful? Legal Challenges of Small Satellites....Pages 1-16 Legal Aspects of Solar Power Satellites....Pages 17-51 Prospects for the Arbitration of Disputes in Public – Private Space Projects....Pages 53-66 Legal Issues in China’s Future Participation in the Space Protocol to the Cape Town Convention....Pages 67-79 Chinese Space Legislation: Current Situation and Possible Way Forward....Pages 81-107 Applying the Jus in Bello to Military Uses of Outer Space: A Square Peg in a Round Hole?....Pages 109-122 Outer Space as Private Property and Theater of War?....Pages 123-144 SETI and the IAA SETI Permanent Committee: Past, Present and Possible Future....Pages 145-158 SETI, Metalaw, and Social Media....Pages 159-179 Back Matter....Pages 181-275