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3. SPACE MINING

Author

Masson-Zwaan, Tanja, Stefoudi, Dimitra, and Lal, Bhavya

Published
2019

5. Article: Echostar-7: The US Imposes First-Ever Fine for Failure to Comply with Deorbiting Plan

Author

Masson-Zwaan, Tanja and Johnson, Christopher D.

Abstract

The October 2023 enforcement decision by the US Federal Communications Commission (FCC) signifies a historical benchmark in the enforcement of space sustainability measures over private commercial space actors. Echostar-7, a commercial satellite launched in 2002 and operating at the Earth’s Geosynchronous Orbit (GEO), provided direct broadcast telecommunications services to the US consumer market. Its operator, DISH Operating LLC failed to properly boost the spacecraft to a disposal ‘graveyard’ orbit above GEO as required as part of its governmental licence. An investigation by the FCC’s Enforcement Bureau resulted in a Consent Decree with Dish, whereby Dish accepted liability, agreed to pay a penalty fine of 150,000 USD, and agreed to submit and adhere to a compliance plan regarding the proper disposal of the Echostar-7 spacecraft.

Published
2024

18. Building Blocks for the Development of an International Framework for the Governance of Space Resources Activities: A Commentary

Author

de O. Bittencourt Neto, Olavo [editor], Hofmann, Mahulena [editor], Masson-Zwaan, Tanja [editor], Stefoudi, Dimitra [editor], de O. Bittencourt Neto, Olavo [editor], Hofmann, Mahulena [editor], Masson-Zwaan, Tanja [editor], and Stefoudi, Dimitra [editor]

Abstract

The publication is a result of the work of an international interdisciplinary working group which formulated principles of an international regime which can govern the space resources activities. It has been submitted to the UN Copuos.

Published
2020

25. Introduction to Space Law

Author

Masson-Zwaan, Tanja, Hofmann, Mahulena, Masson-Zwaan, Tanja, and Hofmann, Mahulena

Abstract

The expansion of space and communication activities requires an adaptation of the present international and national legal framework. The book gives an overview of legal norms applicable to space activities.

Published
2019

36. The Hague Space Resources Governance Working Group: Second Progress Report and the Way Forward.

Author

Masson-Zwaan, Tanja, Lefeber, René, Reibaldi, Giuseppe, and Stefoudi, Dimitra

Subjects
EXTRATERRESTRIAL resources, RESOURCE exploitation, INTERNATIONAL space cooperation, SPACE vehicle launching
Abstract

This paper reports on the developments of The Hague Space Resources Governance Working Group since its establishment in 2015, and more specifically it provides an update since the first Progress Report presented during the IISL Colloquium at the 67th International Astronautical Congress in Guadalajara in September 2016 (IAC-16- E7.2.1). After a brief reminder of the purpose, objectives and structure of the Working Group, the paper elaborates on the progress made on the "Building Blocks" that the Group formulated for a future governance system for the use of space resources. It reports on the outcome of the four face-to-face meetings of the Working Group held in 2016 and 2017 in Leiden, three of which took place after the first Progress Report was presented. These meetings resulted in a considerable level of agreement among the members of the Working Group on the nineteen Building Blocks that could form the basis of negotiations on an international framework. The paper elaborates on the content of the said building blocks, with reference to the discussions that took place during the meetings of the Working Group. Finally, the paper provides insight into the prospects for a successful conclusion of the activities of the Working Group and the way forward toward an international framework for the governance of space resources. All authors are closely involved with the creation and activities of the Working Group. [ABSTRACT FROM AUTHOR]

Published
2017

38. The Hague Space Resources Governance Working Group: A Progress Report.

Author

Masson-Zwaan,, Tanja, Lefeber, René, Reibaldi, Giuseppe, and Stewart, Merinda

Subjects
SPACE law, SPACE exploration, TECHNOLOGICAL innovations, INTERNATIONAL cooperation, EXTRATERRESTRIAL resources
Abstract

This paper explains the rationale for the establishment of The Hague Space Resources Governance Working Group in 2015, and reports on the work carried out during its first year of activity. It explains the purpose and objectives of the Working Group, and sets out its structure, working method and membership. A report is provided on the progress made so far regarding the discussions about possible building blocks for a future governance system for the use of space resources. Results of the first face-to-face meeting of the group, held in Leiden in April 2016, are given, and an indication of future work is given. All authors are closely involved with the creation and activities of the Working Group. [ABSTRACT FROM AUTHOR]

Published
2016

41. Preface.

Author

DE LEON, Pablo MENDES and MASSON-ZWAAN, Tanja

Subjects
*AVIATION law, *SPACE law
Abstract

An introduction to the journal is presented in which the editor discusses views on air and space law that Professor Dr. Henri Wassenbergh has expressed during his life.

Published
2015

45. Developing and Adapting Space Law to Govern Long Term and Permanent Human Settlement of Outer Space, the Moon and Other Celestial Bodies

Author

Blount, P. J., Masson-Zwaan, Tanja, Moro-Aguilar, Rafael, Schrogl, Kai-Uwe, Cheney, Thomas, Blount, P. J., Masson-Zwaan, Tanja, Moro-Aguilar, Rafael, Schrogl, Kai-Uwe, and Cheney, Thomas

Abstract

From ESA’s Moon Village to Elon Musk’s Martian cities, there is increasing talk of establishing permanent human settlements or outposts in outer space. November 2018 will mark 18 years of continuous human presence in space via the International Space Station (ISS). However, these new proposals are different for several reasons. They are intended to have a permanence never envisioned for the ISS, they are intended to be ‘home’ to more than professional astronauts and fewer than a handful of space tourists, and they will be located on the Moon and other celestial bodies. The ISS is treated by the existing space law regime as a space object, or an assembly of separate space objects, regarded as functionally no different from any other space object. However, whether this approach could be taken for facilities on the Moon and other celestial bodies is the proposed focus of this paper. None of the space law treaties provide a precise definition of the term ‘space object’, however the generally accepted understanding is that “space objects may be defined as artificial man made objects that are brought into space and are designed for use in outer space.”2 That is not to lament the lack of a specific definition, as it would most likely be disadvantageous to have been lumbered with the 1967 conception of ‘space object’. The nonspecificity of the treaties allow scope for development and adaptation to deal with the uses now proposed. Article VIII of the Outer Space Treaty potentially provides aid in this quest as it indicates that ‘objects constructed on a celestial body’ fall within the scope of ‘space object’. Therefore, it is most likely possible to construct a regime providing a legal basis for governance of space settlements and outposts utilizing the existing ‘space object’ concept. However, there will still be potential issue around the non-appropriation principle codified in Article II of the Outer Space Treaty. Which this paper will also explore. This is a topic which

46. Developing and Adapting Space Law to Govern Long Term and Permanent Human Settlement of Outer Space, the Moon and Other Celestial Bodies

Author

Blount, P. J., Masson-Zwaan, Tanja, Moro-Aguilar, Rafael, Schrogl, Kai-Uwe, Cheney, Thomas, Blount, P. J., Masson-Zwaan, Tanja, Moro-Aguilar, Rafael, Schrogl, Kai-Uwe, and Cheney, Thomas

Abstract

From ESA’s Moon Village to Elon Musk’s Martian cities, there is increasing talk of establishing permanent human settlements or outposts in outer space. November 2018 will mark 18 years of continuous human presence in space via the International Space Station (ISS). However, these new proposals are different for several reasons. They are intended to have a permanence never envisioned for the ISS, they are intended to be ‘home’ to more than professional astronauts and fewer than a handful of space tourists, and they will be located on the Moon and other celestial bodies. The ISS is treated by the existing space law regime as a space object, or an assembly of separate space objects, regarded as functionally no different from any other space object. However, whether this approach could be taken for facilities on the Moon and other celestial bodies is the proposed focus of this paper. None of the space law treaties provide a precise definition of the term ‘space object’, however the generally accepted understanding is that “space objects may be defined as artificial man made objects that are brought into space and are designed for use in outer space.”2 That is not to lament the lack of a specific definition, as it would most likely be disadvantageous to have been lumbered with the 1967 conception of ‘space object’. The nonspecificity of the treaties allow scope for development and adaptation to deal with the uses now proposed. Article VIII of the Outer Space Treaty potentially provides aid in this quest as it indicates that ‘objects constructed on a celestial body’ fall within the scope of ‘space object’. Therefore, it is most likely possible to construct a regime providing a legal basis for governance of space settlements and outposts utilizing the existing ‘space object’ concept. However, there will still be potential issue around the non-appropriation principle codified in Article II of the Outer Space Treaty. Which this paper will also explore. This is a topic which

49. Developing and Adapting Space Law to Govern Long Term and Permanent Human Settlement of Outer Space, the Moon and Other Celestial Bodies

Author

Cheney, Thomas, Blount, P. J., Masson-Zwaan, Tanja, Moro-Aguilar, Rafael, and Schrogl, Kai-Uwe

Abstract

From ESA’s Moon Village to Elon Musk’s Martian cities, there is increasing talk of establishing permanent human settlements or outposts in outer space. November 2018 will mark 18 years of continuous human presence in space via the International Space Station (ISS). However, these new proposals are different for several reasons. They are intended to have a permanence never envisioned for the ISS, they are intended to be ‘home’ to more than professional astronauts and fewer than a handful of space tourists, and they will be located on the Moon and other celestial bodies. The ISS is treated by the existing space law regime as a space object, or an assembly of separate space objects, regarded as functionally no different from any other space object. However, whether this approach could be taken for facilities on the Moon and other celestial bodies is the proposed focus of this paper. None of the space law treaties provide a precise definition of the term ‘space object’, however the generally accepted understanding is that “space objects may be defined as artificial man made objects that are brought into space and are designed for use in outer space.”2 That is not to lament the lack of a specific definition, as it would most likely be disadvantageous to have been lumbered with the 1967 conception of ‘space object’. The nonspecificity of the treaties allow scope for development and adaptation to deal with the uses now proposed. Article VIII of the Outer Space Treaty potentially provides aid in this quest as it indicates that ‘objects constructed on a celestial body’ fall within the scope of ‘space object’. Therefore, it is most likely possible to construct a regime providing a legal basis for governance of space settlements and outposts utilizing the existing ‘space object’ concept. However, there will still be potential issue around the non-appropriation principle codified in Article II of the Outer Space Treaty. Which this paper will also explore. This is a topic which is vital for the maintenance of the existing space law regime and is of growing relevance as more proposals for permanent human presence are made.

Published
2019

50. The impact of growth markets in the downstream sector - the parameters for connectivity and services: Beyond outer space law

Author

Smith, Lesley Jane, Moro, Rafael, Blount, P.J., and Masson-Zwaan, Tanja

Subjects
Law
Abstract

The downstream sector, as it develops further, is casting clearer light on legal issues surrounding the demarcation between space-based and terrestrial services, particularly in relation to connectivity and outage. Loss of connectivity may have a variety of causes; it can be the result of natural or debrisinduced interference. Other potential occurrences are frequency interference, jamming, hacking and black-outs. Interruptions in service can lead to errors in data monitoring and collection. The loss of signal in space (SiS) is not an issue governed by classic space law under the international treaties; the treaties focus on impact-related damage, and have a victim-orientated character. Their provisions are less suited for non-core space activities such as the downstream sector provides; physical damage to or from a space object does not generally occur at that level, unless collision or debris-based. The legal position remains a subject of much discussion; it is also linked to space traffic management (STM); in the absence of binding STM rules, fault and allocation of liability remains a toothless tiger for negligence based damage in outer space. This paper looks at the increasingly important service level agreement (SLA) regulating the delivery of downstream services. It emphasises the need for greater perception about the demarcation of duties relating to space and non-space based services, as well as precision in the term 'user'; it also looks at the interaction between service level agreements (SLA) and general rules of law. With integrated satbased navigation/communication apps on the increase, and the resort to liability disclaimers and waivers, the question of who ultimately remains responsible, if not liable, for ensuring connectivity despite interference continues to remain relevant.

Published
2016

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