International Space Law

Dunk, Frans G. von der

doi:10.4337/9781786438911

Cited by 6 publications

(5 citation statements)

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“…It may be too early to evaluate whether relevant regulations of L&D under the PA provide climate justice (Wallimann‐Helmer et al 2019) 7 for the least developed countries. The answer to this question depends on the mitigation and adaptive efforts that the PA can deliver.…”

Section: Resultsmentioning

confidence: 99%

The Paris Agreement's Approach Toward Climate Change Loss and Damage

et al. 2023

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Article 8 of the Paris Agreement introduces obligations upon the Parties to the Agreement “with respect to Loss and Damage associated with adverse impacts of climate change.” According to Paragraph 52 of the Conference of the Parties’ Decision, Article 8 is not a basis for liability or compensation. Therefore, the problem is whether violation of obligations leads to a state responsibility. Using a dogmatic method, this research contends that “recognizing the significance of averting, minimizing, and addressing Loss and Damage” means acceptance of responsibility for a breach of obligations. Although the means of seeking reparation would not be compensation, States are obliged to eliminate sources of damage and take precautionary measures to address loss and damage. Notwithstanding this, placing the issue of loss and damage under the Agreement into a separate article can reflect to a great extent the significance of the matter.

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Section: Resultsmentioning

confidence: 99%

The Paris Agreement's Approach Toward Climate Change Loss and Damage

et al. 2023

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“…In order of introduction, these treaties are the Outer Space Treaty, 5 Rescue Agreement, 6 Liability Convention, 7 Registration Convention 8 and Moon Agreement (collectively, 'Space Treaties'). 9 The most significant of these, the Outer Space Treaty, 10 establishes the basic principles determining use of the domain and, in many circles, has been taken to codify the basic customary international law applicable to the space domain. 11 The treaties have varying statuses.…”

Section: International Lawmentioning

confidence: 99%

Watch This Space: The Development of Commercial Space Law in Australia and New Zealand

Lisk

Zwart

2019

Federal Law Review

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Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Zealand, now wants to become a NewSpace incubator and has recently enacted legislation designed to make it a competitive host nation for launch providers. This article will compare the regulatory space regimes of these two countries to provide an assessment of the importance of domestic regulation in fostering competitive commercial space services, for countries seeking to become competitive in the commercial space race.

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“…11 However, doctrine has meanwhile been able to come up with a slightly more comprehensive and helpful definition, which could be summarized as "any man-made object which is at least attempted to be physically brought into outer space." 12 The definition of a space object thus finally raises another issue at this point relative to UAVs. If a space object indeed is defined with reference to the aim to bring it into "outer space," this begs the question as to what "outer space" refers to-which in tum brings analysis to the other approach to applying air law respectively space law.…”

Section: Space Law or Air Law-the "Functionalist" Approachmentioning

confidence: 99%