Final Review 589 Flashcards
Under OST countries must (with regard to launches)
-authorize and continuously supervise their national space activities, including those of their non-governmental entities.
-required to establish their own national registries for space objects. This allows for the identification of which countries bear international responsibility and liability for space objects
Launching State
1) which launch or procure the launch of a space object; or
2) from whose territory or facility a space object is launched
Launching state responsibilities
1) for registering its space objects
2) for the conduct of those that launch within their borders
IGA
-Each country retains jurisdiction over its portion of ISS.
-The IGA requires all participants in the ISS to waive claims against one another.
-There are Memorandums of Understanding between the four space agencies to set out the responsibilities of each of the space agencies
First space crime
-First alleged space crime—alleged improper access of bank account from space
ITU stages/job
-at WRC’s ITU allocates, allots, assigns??
-maintains registry of space objects
FCC job
The FCC grants licenses to companies for the orbital slots and spectrum allocated by the ITU. (assignment)
Bogota declaration
-declared equatorial countries had rights to GSO above their respective territories, lead to equitable access to GSO being written into ITU constitution??
Paper satellites
Application for ITU orbital slots without a plant to actively use them. Proliferated by Tongasat, who attempted to sell rights to orbital slots. What drives paper sats? why?
Iran Cancelled Frequency Registration deets
Failed to put buy or lease a satellite due to US-led trade sanctions
Luxemburg cancelled frequency deets
Attempted to Shift Satellite back and forth between slots to occupy both??
space laws should do what (from national standpoint)
the laws are designed to encourage commercial companies to engage in private space activities—to develop a commercial space economy
National Aeronautics and Space Act (1958)
created NASA, NASA was given authority to enter into agreements that aren’t competitively bid—Space Act Agreements (ie skips FAR)
CSLA
allowed leasing of nasa facilities
streamlined space activity registration, reducing number of licenses from 13 to 3.
CSLA amendment instituted financial responsibility and waiver of claims provision
CSLCA provided ownership over space resources
licenses required for space activities
spaceport, launch, re-entry
Office of commercial space transportation (AST)
-within FAA, issues spaceport, launch and re-entry
-regulates activities to protect public,/comply with international obligations, not to protect entities involved.
-conducts payload review, gives favorable review unless payload will jeopardize public health/safety, safety of property, national security, international obligations.
When are FAA/AST licenses required
(1) the launch, re-entry, or operation of a launch or re-entry site takes place in the U.S.; or
(2) in certain instances where a person or entity is a “citizen of the U.S., even if [the activities] are conducted outside the U.S.”
US space license deets
-A license for a launch from a U.S. launch site covers “pre-flight, and post-flight activities.” However, if the launch is from a non-U.S. site, it “begins at ignition or at the first movement that initiates flight.”
-A re-entry license covers activities “conducted in an orbit or outer space to determine re-entry readiness as well as activities necessary to return the re-entry vehicle, or vehicle component, to a safe condition on the ground after impact or landing.”
-A license to operate a launch and/or re-entry site authorizes the licensee to offer its site to multiple operators. It does not include the license to perform the launch or re-entry.
Two principal means for encouraging investment in space enterprises
Indemnity by U.S. Government above insurance amount; and
Cross-waivers of liability.
how cross waivers works
The launch company and its customer(s) are required to “flow down” the supply chain the waiver between the launch company and its customer, so that all subcontractor and suppliers waive claims across the supply chain. In other words, by contract they require their subs and suppliers to waive these claims and for them to require their subs and suppliers to do so.
Tiers of financial responsibility
-insurance up to maximum probable loss up to $500MM as to the public–$100MM as to the USG
-usg covers above that up to 3 billion
-above that company bears liability
claims the customer would have for a failed launch if it weren’t for the mandated waiver of claims
breach of contract, breach of tort, breach of warranty
1988 cscla amendment
required waiver of claims across supply chain, claims up and down chain need not be waived
Purpose of NOAA
created to oversee the use of sea resources/understand connection between sea and atmosphere
