Category: Space Law Articles
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“I Will Make it Legal:” From Palpatine to Article XVI, an Assessment of the Outer Space Treaty’s Withdrawal Mechanism
Star Wars Episode I: The Phantom Menace may be the worst feature film in the Star Wars canon; at least, that view is widely held among many Star Wars fans and critics. Apart from the underlying merits or faults of the film, its thematic relevance in the grand arc of the Skywalker story has been…
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Customary International Law in Outer Space: The Need to Accelerate its Process of Creation
This article addresses the urgent need to explore and evaluate novel approaches for implementing legally binding regulations in the field of space law. Rapidly advancing technology, which inherently influences the rights and interests of the majority of the global community, coupled with the advent of new spacefaring nations, has presented challenges in the development of…
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Protection of the Outer Space Environment at Stake? A Legal Analysis of the Preservation of the Space Environment and its Relationship with the Protection of Human Rights
A corrupted space environment would endanger human rights such as the right to health, life, private and family life, and the emerging international human right to a healthy environment. From an analysis of de lege lata, this article points out the inadequacy of the current legal framework to protect the outer space environment and its…
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Conflict in Outer Space: Systemic Integration of the Law of War and International Outer Space Law
This article examines how international space law and the law of armed conflict interact as outer space becomes an increasingly contested domain. Using real-world scenarios, it challenges the assumption that these legal regimes inherently conflict. Instead, it argues they can be interpreted in a complementary way through principles of systemic integration developed by the International…
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Possible Solutions to the Regulation of Suborbital Flights
This article examines the legal uncertainty surrounding suborbital flights, which blur the line between aviation and space activities. It analyzes competing regulatory approaches—aviation, space law, integrated, and sui generis—highlighting their strengths and limitations across different types of suborbital operations. The author argues that no single framework is sufficient and proposes a tailored approach: a sui…
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Protecting Space Cultural Heritage: Lessons from the Holocaust Art Recovery Experience
Explores how the failure to establish effective restitution mechanisms for Nazi-looted art offers a cautionary lesson for protecting cultural heritage in space. While international law recognizes the value of preserving sites like Apollo landing areas, it lacks clear enforcement and dispute resolution tools. Drawing on decades of fragmented Holocaust art recovery efforts, the article argues…
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The International Legal Framework on the Utilization of Remote Sensing Satellites in the Event of a Disaster
Examines how international law supports the use of remote sensing satellites in disaster response, focusing on the 1986 Remote Sensing Principles and their evolution into operational frameworks. Through a case study of the Copernicus Emergency Management Service and the 2024 Chile wildfires, the article demonstrates how satellite data enables faster, more coordinated emergency responses. It…
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Traffic Coordination by Contract: Applying Lessons from Internet Governance to Space Traffic Management
This article argues that traditional multilateral approaches have failed to produce binding rules for space traffic management despite growing congestion in orbit. Drawing on the governance of the internet’s Domain Name System, it proposes a novel model based on transnational private regulation. Through a “web of contracts” among stakeholders, a private, multi-stakeholder regime could establish…
