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JOURNAL OF SPACE LAW VOLUME 35, NUMBER 2 Winter 2009 1 JOURNAL OF SPACE LAW UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT OF HUMAN ACTIVITIES IN OUTER SPACE. VOLUME 35 WINTER 2009 NUMBER 2 Editor-in-Chief Professor Joanne Irene Gabrynowicz, J.D. Executive Editor Jacqueline Etil Serrao, J.D., LL.M. Articles Editors Business Manager Meredith Blasingame Michelle Aten P.J. Blount Marielle Dirkx Senior Staff Assistant Chris Holly Melissa Wilson Jeanne Macksoud Doug Mains Staff Assistant Kiger Sigh Je’Lisa Hairston John Wood Founder, Dr. Stephen Gorove (1917-2001) All correspondence with reference to this publication should be directed to the JOURNAL OF SPACE LAW, P.O. Box 1848, University of Mississippi School of Law, University, Mississippi 38677; [email protected]; tel: +1.662.915.6857, or fax: +1.662.915.6921. JOURNAL OF SPACE LAW. The subscription rate for 2009 is $100 U.S. for U.S. domestic/individual; $120 U.S. for U.S. domestic/organization; $105 U.S. for non-U.S./individual; $125 U.S. for non-U.S./organization. Single issues may be ordered at $70 per issue. For non-U.S. airmail, add $20 U.S. Please see subscription page at the back of this volume. Copyright © Journal of Space Law 2009. Suggested abbreviation: J. SPACE L. ISSN: 0095-7577 JOURNAL OF SPACE LAW UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT OF HUMAN ACTIVITIES IN OUTER SPACE. VOLUME 35 WINTER 2009 NUMBER 2 CONTENTS Foreword ............................................... Joanne Irene Gabrynowicz iii Call for Papers ................................................................................. vii Pacific Rim National Space Law Summit Articles Current Status and Recent Developments in Japan’s National Space Law and its Relevance to Pacific Rim Space Law and Activities ...............Setsuko Aoki 363 Progressing Towards New National Space Law: Current Legal Status and Recent Developments in Chinese Space Law and its Relevance to Pacific Rim Space Law and Activities ...................Li Juqian 439 Current Status and Recent Developments in Australia’s National Space Law and its Relevance to Space Law and Space Activities in the Pacific Rim .................................... Ricky J. Lee 471 Current Status and Recent Developments in Canada’s National Space Law and its Relevance to Pacific Rim Space Law and Activities ...............Bruce Mann 511 Current Status and Recent Developments in Korea’s National Space Laws ......................... Sang-Myon Rhee 523 The Role of International Law in Chinese Space Law and its Relevance to Pacific Rim Space Law and Activities.....................Li Shouping 539 i 2 Current Legal Status and Recent Developments of APSCO and its Relevance to Pacific Rim Space Law and Activities ..............................Haifeng Zhao 559 Current Legal Status and Recent Developments in Hong Kong Law and its Relevance to Pacific Rim Space Law and Activities ........................ Yun Zhao 599 Commentary: Space Policy and Law in India and its Relevance to the Pacific Rim ......................................V. S. Mani 615 Bibliography: Aviation and Space Law: Relevant Publications ........... P.J. Blount 635 Aviation Law International Documents ...................................................... 635 Laws and Regulations ........................................................... 635 Cases....................................................................................... 636 United States Administrative Decisions.............................. 646 Articles ................................................................................... 646 Books and Reports ................................................................. 653 Space Law International Documents ...................................................... 653 Laws and Regulations ........................................................... 654 Cases....................................................................................... 655 United States Administrative Decisions.............................. 656 Articles ................................................................................... 658 Books and Reports ................................................................. 662 ii FOREWORD THE PACIFIC RIM NATIONAL SPACE LAW SUMMIT Joanne Irene Gabrynowicz1 This volume of the JOURNAL OF SPACE LAW contains most of the papers presented at the Pacific Rim National Space Law Summit (Summit) hosted by the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law and held at the East West Center in Honolulu, Hawaii, U.S., on May 20-21, 2009. The purpose of the Summit was to provide a forum for an in-depth experience in which the participants had the opportu- nity to learn from one another and to discuss, in detail, space law and its developing features in the Pacific Rim. Experts from Australia, the Asia-Pacific Space Cooperation Organization, China, Hong Kong (special administrative region of China), In- dia, Japan, Korea (South), Thailand, the U.N. Office of Outer Space Affairs, and the United States of America participated. The meeting format was designed to promote the exchange and understanding of information. This was accomplished by provid- ing each speaker with half an hour to present his or her paper and each presentation was followed by at least another half hour during which the participants raised questions and dis- cussed the details of the presented paper. For most of the par- ticipants, it was the first time they had had the opportunity to meet one another and this added another dimension to the learning experience. Exchanges were lively, sometimes heated, 1 Joanne Irene Gabrynowicz is the Editor-in-Chief of the JOURNAL OF SPACE LAW. She is also a professor of space law and remote sensing law and the Director of the Na- tional Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law. Prof. Gabrynowicz was the recipient of the 2001 Women in Aerospace Outstanding International Award and is a Director of the International Institute of Space Law and a member of the American Bar Association Forum on Air and Space Law. iii 3 but always professional and informative. In addition to the ex- change of information and ideas that was occurring at the Summit itself, distant participants kept informed of its contents via a live, real-time blogcast that was made available in both English and Chinese. This volume of the JOURNAL OF SPACE LAW includes the papers of Prof. Setsuko Aoki, of the Department of Policy Man- agement, Keio University, Tokyo, Japan, on the Current Status and Recent Developments in Japan’s National Space Law and its Relevance to Pacific Rim Space Law and Activities; Prof. Li Juqian, Council-Member of China Institute of Space Law, Direc- tor of Public International Law Research Institute School of In- ternational Law, China University of Political Science and Law Beijing, China on Progressing Towards New National Space Law: Current Legal Status and Recent Developments in Chinese Space Law and its Relevance to Pacific Rim Space Law and Ac- tivities; Dr. Ricky J. Lee, of Schweizer Kobras, Sydney, Austra- lia on the Current Status and Recent Developments in Austra- lia’s National Space Law and its Relevance to Space Law and Space Activities in the Pacific Rim; Prof. V.S. Mani, Director, School of Law and Governance, Jaipur National University on Space Policy and Law in India and its Relevance to the Pacific Rim; Mr. Bruce Mann, Sr. Counsel, Justice Legal Services Divi- sion, Department of Foreign Affairs and International Trade on the Current Status and Recent Developments in Canada’s Na- tional Space Law and Its Relevance to Pacific Rim Space Law and Activities; Prof. Sang-Myon Rhee, Seoul National Univer- sity, Seoul, Korea (South) on Current Status and Recent Devel- opments in Korea's National Space Laws; Dean Li Shouping, Dean of Space Law Institute of Beijing Institute of Technology, Beijing, China on The Role of International Law in Chinese Space Law and Its Relevance to Pacific Rim Space Law and Ac- tivities; Dean Haifeng Zhao, Harbin Institute of Technology School of Law, Harbin, China on the Current Legal Status and Recent Developments of the Asian-Pacific Space Cooperation Or- ganization and Its Relevance to Pacific Rim Space Law and Ac- tivities; and Prof. Yun Zhao, Faculty of Law, The University of Hong Kong on the Current Legal Status and Recent Develop- iv ments in Hong Kong Law and its Relevance to Pacific Rim Space Law and Activities. Together, these papers demonstrate that space law is a dy- namic, growing body of law that is developing, relatively rap- idly, in response to the accelerated space activities of the Pacific Rim region. By and large, the emerging and established space- farers are repeating the pattern that occurred in the earliest days of twentieth century Cold War space activities: they are promulgating law to implement their rights and obligations un- der the international space treaty regime as well as to identify and protect their own national interests. In fact, this dynamic was made manifest during the meeting when the authors of the Chinese papers identified changes in Chinese space law that had occurred between the time that they wrote and submitted their papers and the time they attended the Summit. To docu- ment those changes, they authored and agreed to the following statement: The Change in the Administration
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