L13 - National Space Legislations

Question 1

What does National Space Legislation accomplish, and why create one?

Answer 1

• What:
o License national activities in space
o Supervise national activities in space
o Assign liability for damages caused by space objects
o Register objects launched into space
o Covers mainly launch, return, in-orbit ops but sometimes manned flight, IP
• Some space issues (ie telecoms) are dealt w/in other legislation
• Most NSLs don’t define space
• Ensures state compliance w/legal obligations
o OST holds state responsible and liable for launches, and gives jurisdiction/control to state of registry
o 1972 liability convention
o 1975 registration convention
o Might be laws governing fair competition, economic freedom
• Aids in risk management
o Transfer risk of launch from state → private actor
o Share risk between private entities → cross waiver of liability
• Promotes national space activities
o Support growth of national market
o Encourage new players
• Law can’t actually do this but a framework is critical

Question 2

Describe the Licensing Process

Answer 2

• Two models
o Space Agency issues licenses (Russia)
o Another govt body issues licenses with the space agency as a consultor (USA)
• Preferred b/c otherwise a conflict of interest arises when the Agency would receive a license application for a service they themselves provide – cannot license competitors
• License needed to launch/re-enter a vehicle or operate a launch site/re-entry site in the country, or for a national of a country to do either of these things in another country
o Need a license for states where you operate and where you are a citizen b/c both states could be held liable
• Possible to have a light licensing regime for low risk scenarios like in-orbit operations, transfer to a 3rd party command of authorized space object, transfer to a citizen command of unauthorized space object
o When ownership transfers liability (under international law) doesn’t transfer → laws must account for this to limit risk
• Even when licensed property is transferred it is possible (depending on country) that a new license must be granted
• License can be denied or revoked
o To comply w/international obligation
o To protect people, environment, public order, national security
o If applicant would violate space act
• Obligations of licensee:
o Insurance, safety, environmental, information/confidentiality

Question 3

Liability

Answer 3

• 3rd party damage
o Channel liability for damages to licensee, responsible party, org w/insurance to cover its liability
o Govt payment of 3rd party liability claims in excess of insurance → this security is a way to support national space activities by limiting the risk
• Damage between participants
o reciprocal waiver of claims – licensee/contractors/subcontractors won’t make claims against each other but will assume their own financial responsibility

Question 4

Monitoring & Registration

Answer 4

• Safety authority of state (Sec of Transportation, Space Agency, etc.)
o control flight safety to ensure no risk for people/property/environment
o on-site inspections
o directives about launches
o deny/suspend flights
o investigate accidents
• Must comply w/national safety regulations
• National registry → procedure for transmission to UN Sec General
o not all states allow free access to registry information