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IISL Colloquium on the Law of Outer Space 2020

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IISL Colloquium on the Law of Outer Space 2020 IISL Colloquium on the Law of Outer Space 2020 Held at the 71st International Astronautical Congress (IAC 2020) Online 12 -14 October 2020 ISBN: 978-1-7138-2560-9 Printed from e-media with permission by: Curran Associates, Inc. 57 Morehouse Lane Red Hook, NY 12571 Some format issues inherent in the e-media version may also appear in this print version. Copyright© (2020) by International Astronautical Federation All rights reserved. Printed with permission by Curran Associates, Inc. (2021) For permission requests, please contact International Astronautical Federation at the address below. International Astronautical Federation 100 Avenue de Suffren 75015 Paris France Phone: +33 1 45 67 42 60 Fax: +33 1 42 73 21 20 www.iafastro.org Additional copies of this publication are available from: Curran Associates, Inc. 57 Morehouse Lane Red Hook, NY 12571 USA Phone: 845-758-0400 Fax: 845-758-2633 Email: [email protected] Web: www.proceedings.com TABLE OF CONTENTS IISL YOUNG SCHOLARS SESSION AND DR. JASENTULIYANA KEYNOTE LECTURE BY A LEADING SPACE LAW EXPERT KEYNOTE: A NEW FORMAT FOR SPACE LAW? ......................................................................................... 1 Stephan Hobe ARBITRATION OF SPACE-RELATED DISPUTES: CASE TRENDS AND ANALYSES ............................. 2 Viva Dadwal, Madeleine Macdonald PROTECTING THE DARK SKIES OF THE EARTH FROM SATELLITE CONSTELLATIONS UNDER INTERNATIONAL SPACE LAW ........................................................................................................ 3 Tejas Bharadwaj BARRIERS TO LAUNCH: UNDERSTANDING HOW REGULATION IMPACTS THE GROWTH OF SUBORBITAL FLIGHT ............................................................................................................. 4 Jodi Goldberg IN-ORBIT SERVERS: DOES THE OUTER SPACE TREATY HAVE SPACE? ............................................. 5 Deepika Jeyakodi ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING: THE NEW ERA OF THE USE OF FORCE ........................................................................................................................................................... 6 Giuliana Rotola, Giacomo Fedele UTILIZATION OF NATURAL RESOURCES IN OUTER SPACE: COMPLIANCE OF A NATIONAL LAW ON EXPLORATION AND USE OF SPACE RESOURCES WITH THE PRINCIPLES OF INTERNATIONAL SPACE LAW ......................................................................................... 7 Martin Svec ESSENTIAL AND CRITICAL ELEMENTS OF AN EFFECTIVE SPACE TRAFFIC MANAGEMENT SYSTEM................................................................................................................................. 8 Mehran Tarhi FORESEEING THE REGULATION OF SPACE INFRASTRUCTURE CHARGES: FOUR BASIC PRINCIPLES AS A LESSON FROM THE AIRPORT SECTOR .......................................................... 9 Di (Vito) Mei EUROPEAN SATCOM LICENSING: CURRENT STATUS AND REFORM EFFORTS .............................. 10 Edward Burger COMMERCIAL SPACE MINING: NATIONAL LEGISLATION VS. INTERNATIONAL SPACE LAW ..................................................................................................................................................... 11 Maquelin Pereira SPACE HERITAGE: INTERNATIONAL LEGAL ASPECTS OF ITS PROTECTION .................................. 12 Vladimir Savelev, Albert Khayrutdinov SPACE TOURISM AND SPACE LAW: APPROACH BASED ON THE LAW APPLICABLE TO ASTRONAUTS .................................................................................................................................................. 13 Jonathan Andrade MOON AND MARS SETTLEMENT: OPEN LEGAL ISSUES ‘FOR ALL MOONKIND’ - LEGAL ISSUES OF HUMAN SETTLEMENTS ON THE MOON: JURISDICTION, FREEDOM AND INCLUSIVENESS ................................................................................... 14 Frans Von Der Dunk LEGAL ISSUES SURROUNDING HUMAN SETTLEMENTS ON THE MOON AND OTHER CELESTIAL BODIES ....................................................................................................................................... 15 Sandeepa Bhat NEW MISSIONS ON THE MOON NEW PROBLEMS NEW LEGAL SOLUTIONS .................................... 16 Gabriella Catalano THE LUNAR REGISTRY: AN ENHANCED REGISTRY OF SPACE OBJECTS AND ACTIVITIES ...................................................................................................................................................... 17 Ruvimbo Samanga, Juno Woods, Jessy Kate Schingler, Michelle Hanlon DEVELOPING AND MANAGING MOON AND MARS SETTLEMENTS IN ACCORDANCE WITH INTERNATIONAL SPACE LAW ......................................................................................................... 18 Antonino Salmeri CIVILIZATIONAL INHERITANCE AND TRANSCENDENCE: WHY SHOULD ANCIENT LAWS HAVE ANY INFLUENCE ON SPACE SETTLEMENT? .................................................................... 19 Christopher Johnson PROPERTY RIGHTS AND SOVEREIGNTY WITHIN THE FRAMEWORK OF THE COMMON HERITAGE OF MANKIND PRINCIPLE ..................................................................................... 20 Arpit Gupta BACK TO THE FUTURE: ROMAN LAW AND OWNERSHIP OF OBJECTS CREATED ON CELESTIAL BODIES ....................................................................................................................................... 21 Gabrielle Leterre ‘JURISDICTION AND CONTROL’ OVER SPACE PRODUCTS IN THE AGE OF MOON AND MARS SETTLEMENT: AN ANALYSIS FROM A PRIVATE LAW PERSPECTIVE ................................... 22 Fumiko Masuda THE EXTRATERRITORIAL APPLICATION OF HUMAN RIGHTS IN OUTER SPACE ........................... 23 Jonathan Lim THE FORTHCOMING COLLISION OF INTERNATIONAL MIGRATION LAW AND INTERNATIONAL SPACE LAW IN THE SETTLEMENT OF OUTER SPACE .......................................... 24 Andrew Butler OUTLAWS OF THE MOON? CRIME AND PUNISHMENT FOR A SPACEFARING CIVILISATION ................................................................................................................................................. 25 Christopher Newman COLONIES ON THE MOON (AND/OR MARS)? NEW CHALLENGES FOR INTERNATIONAL AND NATIONAL LAW ................................................................................................... 26 George (Georgios) D. Kyriakopoulos LAWS OF CELESTIAL SETTLEMENT: OPENING A TWO-FORKED LEGAL PANDORA- BOX - EXTENSION OF NATIONAL LAW OR AN INTERNATIONAL ALL INCLUSIVE TREATY ............................................................................................................................................................ 27 Sethu Nandakumar Menon FUTURES SCENARIOS FOR LOCAL AND INTERNATIONAL LAW APPLICABLE TO THE SETTLEMENT OF THE MOON AS THE BASIS OF A SETTLEMENT STRATEGY ................................. 28 Anton Alberts, Peter Martinez COMPROMISE, COMMONHOLD AND THE COMMON HERITAGE OF MANKIND .............................. 29 Chelsey Denney LEGAL SUPPORT FOR THE PRIVATE SECTOR: AN IMPLEMENTATION AGREEMENT FOR THE MOON TREATY .............................................................................................................................. 30 Dennis O'Brien SPACE SETTLEMENTS, SPACE OBJECTS AND THE CONCEPT OF TERRITORY IN OUTER SPACE ................................................................................................................................................. 31 Thomas Cheney THE LEGAL ASPECTS OF LONG-TERM HUMAN SETTLEMENT IN OUTER SPACE SPACE COLONIZATION ................................................................................................................................. 32 Zeina Ahmad LEGAL IMPLICATIONS OF EVOLVING REMOTE SENSING TECHNOLOGIES THE SIGNIFICANCE OF THE RESTRAINT OF PERSONAL JURISDICTION: WILL IT PROMOTE PRIVATE SATELLITE DATA DISTRIBUTION? ....................................................................... 33 Setsuko Aoki INFLUENCES AND RELAPSES OF THE GLOBAL COMMONS' DOCTRINE ON REMOTE SENSING REGULATION: PIPE DREAM OR REALITY? ............................................................................. 34 Maria Elena De Maestri REMOTE SENSING DATA ACCESS POLICY, DATA PRODUCTS REGULATORY FRAMEWORK AND INTELLECTUAL PROPERTY RIGHT CONCERNS IN AN ERA OF ENVIRONMENT PROTECTION URGENCY. ................................................................................................ 35 Sara Dalledonne DATA WITHOUT BORDERS: REGULATORY ASPECTS OF SATELLITE REMOTE SENSING AND HOW IT INTERTWINES WITH THE BUSINESS OF DATA DISTRIBUTION ................ 36 Kang Duan NEW ZEALAND'S RISK MANAGEMENT FRAMEWORK IN OUTER SPACE ......................................... 37 Maria A Pozza DATA LAW ASPECTS OF COMMERCIAL SATELLITE REMOTE SENSING: NEW CHALLENGES FOR THE NEW OPPORTUNITIES ....................................................................................... 38 Souichirou Kozuka, Mayu Terada THE 1986 UNITED NATIONS PRINCIPLES ON REMOTE SENSING DEALING WITH THE DUAL-USE NATURE OF SPACE IMAGERY ................................................................................................ 39 Anne-Sophie Martin “PURE DATA” OR HOW REMOTE SENSING RESULTS CAN BE USED IN THE LITIGATION? ................................................................................................................................................... 40 Irina Chernykh SOVEREIGN PRIVACY AND THE EVOLUTION OF EARTH OBSERVATION TECHNOLOGY ................................................................................................................................................. 41 Dimitra Stefoudi APPLICATION OF SPACE LAW TO CYBER ACTIVITIES CYBER
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