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Copyright of IISL Proceedings is the property of Boom uitgevers Den Haag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of IISL Proceedings is the property of Boom uitgevers Den Haag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The 1986 United Nations Principles on Remote Sensing represent a fundamental tool within the international legal regime governing space activities. Indeed, they provide a set of non-binding provisions to guide States willing to conduct remote sensing activities. The paper considers these Principles in light of the dual-use nature of remote sensing technology and products, as well as given the "democratisation" of the use of Earth observation data. Nowadays, remote sensing satellites are operated in many civil, commercial and military applications. In this context, it is necessary to examine the scope of the Principles in order to figure out whether the current legal framework is appropriate, in particular given the dual-use nature of satellite imagery. In addition, some legal issues arise with regard to access to and processing of data which are generated by the private sector for governmental and military uses. In fact, it is now possible to extract military information from commercial and civil Earth observation programmes. So far, the Principles have continued to prove their value and usefulness. However, they do not have been reviewed, especially as regards the technological development of space systems and the evolution of data distribution. Lastly, the paper aims to analyse the Principles by taking into account the rule of access to EO data without discrimination but nevertheless limited for national security reasons. [ABSTRACT FROM AUTHOR]

The linkages between the two domains of outer space and cyberspace are deepening with the commercialization of outer space and the deployment of an increasing number of satellites delivering communications, navigation, and military services. However, the vulnerabilities stemming from this relationship are yet to be addressed in a comprehensive manner. While there is no policy that specifically addresses this interface, International Space Law can deal with the problems arising in this regard. Article VI of the Outer Space Treaty deals with 'international responsibility'. However, this relationship was not considered when the treaty was drafted back in the 1960s. Cyber-attacks may affect the space assets by interfering with (a) 'flight control' and (b) 'payload control'. While with regard to the former scenario, the launching state may be held responsible for activities that cause damage to the surface of the Earth, in relation to the latter, the provisions of the Outer Space Treaty and the Liability Convention cannot really be invoked. The aim of this research paper is essentially fourfold: (1) provide a background to the interface of the outer space and cyberspace, especially in view of the rise in commercialization; (2) discuss how cyber-attacks affecting space assets may be dealt with under the Outer Space Treaty and the Liability Convention; (3) explore the challenges as regards determination of responsibility in the context of life cycles of the space assets and multiple parties and finally, (4) provide the concluding remarks and suggestions. [ABSTRACT FROM AUTHOR]

Transparency and confidence-building measures (TCBMs) are sets of instruments designed by international diplomacy to influence States' responsible behavior, strengthen information-sharing among them, and increase transparency in international affairs. Although TCBMs first appeared for 'terrestrial' international affairs, their relevance for outer space exploration and exploitation was soon recognized, signaling the start of a rapid creation of dedicated measures. In fact, nowadays there are many examples of TCBMs in outer space activities, and these instruments provide a political framework in which States can cooperate trying to preserve outer space security, safety, and sustainability. Their importance is particularly remarkable considering the difficulties associated both with modifying and updating the existing legal framework, and the creation of new binding norms. The Outer Space Treaty (OST) contains provisions that can be categorized as TCMBs: Articles V, IX, and XI, inter alia, provide a valid example, contributing to the implementation of several principles at the heart of international space law (ISL): the freedom of access and use, non-appropriation etc. Although in that respect the OST can be seen as a precursor of those measures in connection to outer space, it is important to say that there are some weaknesses, among which the most important is absolutely the lack of provisions establishing pragmatic mechanisms to enhance and supervise the implementation of those measures. This is why the current development of the TCBMs can be seen with favor, filling the lacunae of ISL. In light of the aforementioned considerations, the paper will analyze some recently adopted TCBMs pertaining to outer space activities, explaining their foundation in the OST and assessing their relevance, both in principle and in practice, in contributing to outer space security, safety, and sustainability. Moreover, the role that International Governmental Organizations (IGOs), especially United Nations (UN) specialized agencies, play in that context will be shown, examining the TCBMs implemented by them, and emphasizing their connection with ISL principles established by OST. In particular, given its role of primus inter pares among the UN specialized agencies involved in international space governance, a special importance will be accorded to the International Telecommunication Union (ITU). Specifically, implications of Resolution 186 'Strengthening the role of the ITU with regard to transparency and confidence-building measures in outer space activities', adopted at Busan by the ITU Plenipotentiary Conference in 2014, will be discussed in depth. [ABSTRACT FROM AUTHOR]