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Journal of Space Law JOURNAL OF SPACE LAW VOLUME 33, NUMBER 2 Winter 2007 File: 512822ip02.doc Created on: 1/2/2008 11:05:00 AM Last Printed: 1/3/2008 1:40:00 PM 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 33 WINTER 2007 NUMBER 2 Editor-in-Chief Professor Joanne Irene Gabrynowicz, J.D. Executive Editor Jacqueline Etil Serrao, J.D., LL.M. Articles Editors Business Manager P.J. Bount Michelle Aten Jason Crook Brad Laney Senior Staff Assistant Curtis Brent Martin Gregory Hunley Gabriel P. McGaha 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 2007 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 2007. 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 33 WINTER 2007 NUMBER 2 CONTENTS Foreword ............................................... Joanne Irene Gabrynowicz iii Call for Papers ................................................................................. viii Articles Jurisdiction in Outer Space: Challenges of Private Individuals in Space .................................... P.J. Blount 299 Patent Rights Under Space Act Agreements and Procurement Contracts: A Comparison by the Examination of NASA’s Commercial Orbital Transportation Services (COTS) .......Tiphany Baker Dickerson 341 Space Tourism Activities – Emerging Challenges to Air and Space Law?....................... Stephan Hobe 359 Gérardine Meishan Goh Julia Neumann Suborbital Space Tourism Flights: An Overview of Some Regulatory Issues at the Interface of Air and Space Law........................................................... Melanie Walker 375 A Study of Aerospace Legislation of China................. Qi Yongliang 405 i Case Note Corporate-Sovereign Symbiosis: Wilson v. ImageSat International, Shareholders’ Actions, and the Dualistic Nature of State-Owned Corporations ................................ Jason A. Crook 411 Commentary National Space Legislation in Mainland China ............... Yun Zhao 427 Law Chinese Law: Registration, Launching and Licensing Space Objects: 1) Order No. 6 of the Commission of Science, Technology, and In- dustry for National Defense and the Ministry of Foreign Af- fairs of the People’s Republic of China, 8 February 2001; Annex: National Registration Form of Space Objects 2) Order No. 12 of the Commission of Science, Technology, and Industry for National Defense of the People’s Republic of China, 21 November 2002; Annex: Application Form for Licensing the Project of Launching Civil Space Objects...................................... 437 Japanese Law: Geospatial Information Utilization Promotion Bill of May 30, 2007 ............................................................................... 457 Book Review Direito e Política na Era Espacial: Podemos ser mais justos no espaço de que na Terra? (Law and Policy in the Space Age: Can we be more just [or equitable] in Space than on Earth?) By José Monserrat Filho ................Reviewed by Sylvia Ospina 471 Bibliography: Space Law and Relevant Publications ........................... P.J. Blount 483 Case Law....................................................................................... 483 Law Review Articles..................................................................... 484 Books............................................................................................. 484 ii File: 512822ip04.doc Created on: 1/2/2008 12:29:00 PM Last Printed: 1/7/2008 8:22:00 AM FOREWORD SPECIAL TOPICS: SPACE LAW IN ASIA THE INTERFACE BETWEEN AVIATION AND SPACE LAW Joanne Irene Gabrynowicz1 This issue of the JOURNAL OF SPACE LAW is organized into two major topics: space law in Asia; and, the interface between aviation and space law. It also contains the JOURNAL’S regular features and two special student contributions. A main topic in this issue of the JOURNAL OF SPACE LAW is space law in Asia. It is addressed in this issue’s commentary; by a paper that includes a study on space law in mainland China; unofficial translations of some Chinese space laws; and, an un- official translation of a new Japanese geospatial information law. A Study of Aerospace Legislation of China is a paper offered by Prof. Qi Yong Liang, Director of the Chinese Institute of Space Law. It is an unofficial translation of a paper he pre- sented at the International Forum on Air and Space Law held in 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 National Center for Remote Sensing, Air, and Space Law at the University of Missis- sippi School of Law. Prof. Gabrynowicz was the recipient of the 2001 Women in Aero- space 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 File: 512822ip04.doc Created on: 1/2/2008 12:29:00 PM Last Printed: 1/7/2008 8:22:00 AM Beijing, China on June 25 - 26, 2007. Prof. Yun Zhao of the City University of Hong Kong in his commentary, National Space Legislation in Mainland China, offers another view of the sub- ject. Prof. Zhao provides the reader with an overview of the sub- ject. He begins in 1970 and includes an introduction to policy that led to law; a description of the organization of national space activities and institutions; and, a description of the cur- rent and evolving legal framework. Some of the Chinese laws that are the subjects of Prof. Qi Yong Liang’s and of Prof. Yun Zhao’s work are also made avail- able in this volume. They are Order No. 6 of the Commission of Science, Technology, and Industry for National Defense and the Ministry of Foreign Affairs of the People’s Republic of China, 8 February 2001; and, Order No. 12 of the Commission of Science, Technology, and Industry for National Defense of the People’s Republic of China, 21 November 2002. They address the regis- tration, launching, and licensing of space objects. These unoffi- cial translations are provided to JOURNAL OF SPACE LAW read- ers as the product of a special cooperative activity between the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law and the Faculty of In- ternational Law of China University of Political Science and Law. The JOURNAL OF SPACE LAW would like to acknowledge the special contribution made by Prof. Yan Ling in organizing the translation work. The section on space law in Asia is rounded out with the in- clusion of another unofficial translation of a very recent Japa- nese law titled, Geospatial Information Utilization Promotion Bill of May 30, 2007. The purpose of this law is to promote planned and comprehensive measures and policies to advance the use of geospatial information in Japan. It contains a dedi- cated section titled, “Policies and Measures Concerning Satellite Positioning”. There are also a wide variety of related topics in- cluding, business strengths; coordination of strengths; legisla- tive measures; formulation of the geospatial information utiliza- tion promotion master plan; maintenance of a cooperative framework of related government organizations; dissemination of knowledge; government utilization of geospatial information; and, protection of personal information, among many others. iv File: 512822ip04.doc Created on: 1/2/2008 12:29:00 PM Last Printed: 1/7/2008 8:22:00 AM The other main topic contained in this issue is the interface between aviation and space law. It is addressed from both a U.S. national perspective and an international perspective. In her paper, Suborbital Space Tourism Flights: An Overview of Some Regulatory Issues at the Interface of Air and Space Law, Ms. Melanie Walker focuses on issues and considerations re- garding sub-orbital space flights. She distinguishes these flights from orbital flights due to their near term possibility for space tourism. Ms. Walker then considers the authority granted by Congress to the U.S. Department of Transportation, Federal Aviation Administration to regulate suborbital flights and ad- dresses what she sees are some critical issues related to that authority. They include, restricted authority; whether or not the regulations embody a laissez-faire approach; informed consent; liability and allocation of risk; experimental permits versus a license; the jurisdictional issues of determining the proper legal regime and choosing a forum; and, the definition of an “aircraft” and a “spacecraft”. The international dimension of the interface between avia- tion and space law is addressed by Dr. Stephan Hobe, Dr. Gérardine Meishan Goh, and Ms. Julia Neumann in their pa- per, Space Tourism Activities – Emerging Challenges to Air and Space Law? They identify the emerging challenges to space tourism
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