Statistics – Applications
Scientific paper
Jan 2002
adsabs.harvard.edu/cgi-bin/nph-data_query?bibcode=2002iaf..confe.434t&link_type=abstract
IAF abstracts, 34th COSPAR Scientific Assembly, The Second World Space Congress, held 10-19 October, 2002 in Houston, TX, USA.,
Statistics
Applications
Scientific paper
Whether it be the adjective "spatial" or the definition "space", these two terms have, in many respects, a non-identifiable dimension, which serves as a reference point for all players in this field, without being concerned with the exact area of application. This is evident from the vast diversity of corporate names, acronyms, logos and other designations that we often use. Among some of the most worldwide common include: NASA, ISS, ESA, and so on. Without of course forgetting , a field which concerns all legal experts and should not be overlooked is "space law". Thus, it is apparent that although the "space" community (i.e. influential and space- minded governments and relevant international authorities) has been involved in this field over the last few decades, no specific and universally-accepted definition has been adopted to date. Apart from certain demands made or unilateral positions taken by a given state particularly concerned by the matter, it is important to underline that the international community has refrained from making legislation in this area, apart from some rather limited or symbolic provisions introduced. This vagueness, in legal terms, should clearly be taken as the assertion of nationalistic demands, but also shows divergence or even antagonism between states fuelled by hypothetical profits, as was the case when attempts were made to establish maritime boundaries. We can thus by now summarise this issue by asking the following question: "Where does outer space begin?" We shall begin by looking at the sketchy legal references that we have at our disposal, which as lawyers we must use to attempt to find a solution to practical commercial or scientific contingencies which we are increasingly confronted with. Such references include the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 10th October 1967, constituting the fundamental space charter and decreeing the basic principle that no state can make claims to sovereignty or territory in space. This is followed by the Agreement of 11th September 1984 which governs the activities of states on the Moon and other celestial bodies. There are also three multilateral agreements which provide guiding principles in three specific areas: the Agreement on the Rescue and Return of Astronauts; the Convention on International Liability for Damage Caused by Space Objects; and, the Convention on Registration of Objects Launched into Outer Space. We shall then discuss other sources of law which also contribute towards defining the notion of space. These are essentially doctrinal positions which surface from the fundamental debate among legal experts divided between "functionalists" and "spacialists", which discussion is part of the general economic framework of international law, and considering naturally that Space law is an integral part of this framework. We shall also examine, as mentioned previously, the position taken by the various political and thus economic players in the international arena and we shall see that their somewhat diverging conceptions are often legitimised by very concrete concerns, far removed from theoretical debates, contributing to the development of international law. Finally, this will lead us to consider the pragmatic approach to such a problem, by discussing the various applications of legitimacy in demarcating space. So, we will among others discuss whether it is feasible to study a given territory without the permission of the country concerned; if "forbidden" orbits exist; in particular considering frequencies allocations and, of course, the simple right of flying and crossing, by shuttle designed vehicles both plane and rocket, over various states and their upper areas. In summary, the purpose of this paper is to determine when space law takes over from air law.
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