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The spacecraft has been orbiting Bennu for almost two years assessing the asteroid and the best place to touch down. The very existence of such specific norms would appear to stand a contrario to any claims for the existence of a more general prohibition. This article is cross-posted from this earlier version. Please contact Alberto Rueda or Kyran Grattan and and join the #space_law channel on the SGAC Slack. Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Also, nothing that I say here should be seen as necessarily reflecting or declaring the opinions or official positions of anyone but myself; that is to include any former or current client, agency, corporation, or organization. Texas Space Law and Policy Society. SPACE LAW AND POLICY. The fact that a large number of States have been calling for the adoption of a treaty on the prevention of an arms race in space for decades now, and more recently with renewed vigour, demonstrates the international community’s belief that the existing legal regime is inadequate for halting the encroaching militarization of space. IV. However, a number of other binding principles regulating space-faring as a whole are present in other articles, namely: that the exploration and use of outer space be carried out for the benefit and in the interests of all countries (Art. The first major international agreement directly related to outer space, the Outer Space Treaty, was drafted by the United Nations Committee for the Peaceful Uses of Outer Space and opened for signature in 1967. Furthermore, the regime established by the Liability Convention brings about an additional dynamic to these matters, but this will be the subject of a subsequent post. IV of the Outer Space Treaty leaves very little room for doubt with regard to its wartime application, and most, if not all principles established by the Treaty as guiding the exploration and use of outer space may reasonably be assumed to be general, universal and applicable to all activities of States Parties, including those undertaken in times of armed conflict. Because of the fundamentally international character of space activities, a State's stance towards outer space activities must also include consideration of its relationships with other States and international organizations. In fact, Art. Such an interpretation implies that all States Parties should refrain from such activities even in the absence of more specific legislation. Is Phosphorus a Sign of Life-Friendly Worlds? The requirement under Art. As a member of civil society we do not represent national or corporate interests but are rather interested in benefiting global society and humankind as a whole. (Aerospace Corp/Politico), Oct 28, 2020, virtual, 1:00 pm ET, THE NEW SPACE RACE: INTL SPACE LAW IN THE PUBLIC AND PRIVATE SECTOR, Oct 28, 2020, virtual, 1:30-3:00 pm ET, SPACE SYMPOSIUM 365 WITH NRO DIRECTOR CHRIS SCOLESE, Oct 28, 2020, virtual, 3:30 pm ET, NASA MEDIA TELECON RE RESCHEDULED CREW-1 LAUNCH, Oct 28, 2020, virtual, 4:00 pm ET, SPACE QKD TECH AND POLICY FOR MUGGLES (Aerospace Corp.), Oct 29, 2020, 1:00 pm ET, THE FUTURE OF MARS EXPLORATION (SCIENTIFIC AMERICAN), Oct 29, 2020, virtual, 3:00-4:30 pm ET, NASA ISS 20TH ANNIVERSARY OF HUMAN OCCUPANCY PANEL DISCUSSION, Oct 29, 2020, virtual, 3:00 pm ET, NASA IN-FLIGHT NEWS CONF RE ISS 20TH ANNV OF HUMAN OCCUPANCY, Oct 30, 2020, virtual, 11:10-11:40 am ET. However, there is no general, explicit prohibition on ‘militarizing’ space, except the prohibition of weapons of mass destruction (including nuclear weapons) and the usage of the Moon and other celestial bodies for exclusively peaceful purposes. International and commercial partnerships are foundational to Artemis according to NASA and the White House. A specific regime of international liability for damage caused by the ‘space object’ of one State Party to the persons or property of another is established in Art. It is certain that these provisions restrict the activity of States in outer space — the only issue is to what extent. Important Lecture Themes • "Space law" is international law, governed by treaties and custom • "Space policy" is set by individual nations or subgroups within a nation, and typically The ESA-ECSL Space Debris Regulation, Standards and Tools Workshop ECSL 2019 General Meeting of Members Practitioners' Forum - POSTPONED DUE TO COVID-19 (TBC) Young Lawyers' Symposium - ONLINE VERSION DUE TO COVID-19 IISL-ECSL Symposia - CANCELLED DUE TO COVID 19 Manfred Lachs Space Law Moot Court Competition ECSL Summer Course on Space Law and Policy - CANCELLED … NASA’s OSIRIS-REx spacecraft will make its first attempt to grab a sample of asteroid Bennu tomorrow. Because space systems are often embedded in a State's arrangements to protect national security, these systems may be a target for conflict. I of the Antarctic Treaty with respect to Earth’s southernmost continent. The ideas expressed in this article are the author’s own. The Space Generation Advisory Council is a global non-governmental, non-profit (US 501(c)3) organisation and network which aims to represent university students and young space professionals to the United Nations, space agencies, industry, and academia. III as it does to the comparatively precise prohibition of placing weapons of mass destruction in space, as contained in Art. NASA’s OSIRIS-REx asteroid sample return spacecraft successfully executed a Touch-and-Go (TAG) maneuver today, touching the surface of asteroid Bennu just long enough — hopefully — to ingest at least 60 grams of soil. The launch was postponed after an engine anomaly during the attempted launch of a non-NASA satellite in early October. The corpus juris spatialis also comprises several inter-organisational agreements (e.g., INTELSAT, INMARSAT), regional arrangements such as the ESA Convention, and a growing body of national space legislation. Any analysis of the militarization of space should likewise take into account its impact on the environment. If you have a question or topic that you would like covered, please let me know by clicking on the About Me icon below! This website uses cookies to help us give you the best experience when you visit our website. Autonomous Spacecraft Are the Next Step for NASA and the ESA, The High-Stakes Competition for Control of Strategic Space Resources. There are several major principles for consideration in the development of a sound space policy, such as: According to Article VI of the Outer Space Treaty, "States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities…" Because of this responsibility, States have a duty to regulate the space activities of private actors through national regulation and licensing. (The latter is developed further by the less-than-successful Moon Agreement, with its 16 State parties, only one of which is active in space other than by consortium). link to OSIRIS REX Success! Announcement of the SGAC Online Store Logo Competition Winner! Here is’s list of space policy events for the week of October 25-31, 2020 and any insight we can offer about them.

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