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The Protection of Intellectual Property Rights in Outer Space Activities by Tosaporn Leepuengtham Pdf
This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.
The Development of Outer Space by Thomas Gangale Pdf
This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own. In the United States, lobbies for the commercial development of space have become increasingly antagonistic toward the international legal regime of outer space, condemning the 1967 Outer Space Treaty and the unratified 1979 Moon Agreement as anti-business. The Development of Outer Space: Sovereignty and Property Rights in International Space Law argues that the res communis principle enshrined in the Outer Space Treaty was misrepresented here, with essential help from corporate lobbyists whose real object was the defeat of the Law of the Sea Convention. Thomas Gangale builds the legal case for reviving the moribund Moon Agreement as a prelude to negotiating a second Moon treaty to establish a regulatory regime for the exploitation of extraterrestrial resources. The author's account of the inception and evolution of outer space law to date is deeply informed by his appreciation of such terrestrial considerations as the nation-state system, the contending economic theories of capitalism and communism, and the post-colonial struggle between the developed space-faring nations and the developing earthbound nations.
This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.
Outer Space Law by Yanal Abul Failat,Anél Ferreira-Snyman Pdf
The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.
Author : Frans von der Dunk Publisher : Edward Elgar Publishing Page : 1136 pages File Size : 46,5 Mb Release : 2015-02-27 Category : Law ISBN : 9781781000366
The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte
The Concept of State Jurisdiction in International Space Law by Imre Anthony Csabafi Pdf
Dr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex pressed his views on the meaning of these principles.
Author : Matthew Johnson Publisher : Taylor & Francis Page : 189 pages File Size : 55,5 Mb Release : 2024-05-28 Category : Political Science ISBN : 9781040037157
Property Rights in Outer Space by Matthew Johnson Pdf
This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the US passed laws that would recognise the claims of US corporations to own and sell space resources. This unilateral act of pre-emptive law-making would appear to contravene the terms of the UN Outer Space Treaty (1967), which declared that the exploration and use of outer space should be ‘for the benefit of all mankind’ and ‘not subject to national appropriation’. Using this central dynamic between privately held mining rights and outer space as a 'global commons', Matthew Johnson constructs an historical sociology of space mining – from the deep historical roots of common and private property to the contemporary networks of neoliberalism that have engaged with the commercialisation of space activity. The anticipatory expansion of private property claims beyond the Earth both resonates with and problematises the ‘terrain’ of political history, such as the tensions between states and markets, public law and private power, ‘the commons’ and exclusive property. The emerging cosmopolitics of off-world private property mirrors (and is often explicitly embedded within) neoliberal geopolitics, prompting urgent questions about how we can reaffirm principles of democracy and ‘common heritage’ in the international laws of Earth and space. This book is compelling reading for anyone interested in the social study of space, law, economics, technology, politics and property rights.
The International Space Law: United Nations Instruments as it represents the most comprehensive and up-to-date volume of instruments that have been developed, promoted and strengthened under the auspices of the United Nations. These instruments constitute the principal body of international space law and will continue to provide, further into the twenty-first century, an effective framework for the expanding and increasingly complex tasks aimed at the exploration and use of outer space for peaceful purposes. May they continue to support humankind's space activities throughout the years to come.
Author : Professor James Charles Smith Publisher : Ashgate Publishing, Ltd. Page : 336 pages File Size : 49,5 Mb Release : 2014-01-28 Category : Law ISBN : 9781409484707
Property and Sovereignty by Professor James Charles Smith Pdf
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Research and Invention in Outer Space by Mosteshar Pdf
Outer space affords a unique physical environment in which to conduct experiments. The most widely appreciated characteristic of the space environment is that of microgravity. Outer space also provides a sterile setting not easily or inexpensively achievable on Earth. The electromagnetic and radiation levels too differ significantly from those on Earth. These and other natural attributes of outer space make it a potentially attractive environment for the conduct of experiments, which will lead to inventions in a wide range of high technology fields. This unique environment is increasingly accessible to experimenters and inventors at costs which are commercially attractive. The Mir Space Station as well as NASA Shuttle Flights already provide opportunities for experiments to be conducted in outer space. When the Multi-National Space Station is established there will be even greater numbers of experiments and research projects conducted there. Outer space also presents a unique legal environment for these activities. Recognizing this, and the uncertainty surrounding a number of central legal issues which will result from such activity, this book sheds light on the incidental legal questions that arise. Based on the papers presented at a conference on the topic in Paris, the book examines patentability and intellectual property infringement, as well as contractual issues and related topics. Also included are papers on the liabilities that arise out of activities in outer space, the relevant jurisdictional considerations, and the growing commercialization of space activities in the United States and in Europe.
Intellectual Property Rights in Outer Space by Raja Bhattacharya Pdf
"Private entities, investing billions of dollars, as a matter of reasonable commercial corporate expectations, want to be protected against undue use, exploitation and copying of their technology and inventions which they have put into their space ventures (often termed as 'theft') by any third party. States, to secure an environment friendly to such generation, use and transfer of intellectual property rights (IPRs) in outer space, have initiated applying and/or extending their national IP laws into outer space either in form of a statute or a multilateral agreement. This may have both commercial and political significance." --
This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.
The Space Treaties at Crossroads by George D. Kyriakopoulos,Maria Manoli Pdf
This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University
International Space Law by Frans G. von der Dunk Pdf
The scholarly contributions presented in this timely collection address the special realm of legal rules pertinent to space activities and their terrestrial applications. Outer space is generally considered a "global commons", so this volume focuses on the international regime which is also the foundation of an increasing number of national space laws. Topics covered concern the development, character and structure of international space law, its relationship with national space law, and the military and commercial aspects of space activities, including launching and satellite applications. Together with an original introduction by the editor, this fascinating collection provides a comprehensive overview of the most important matters relating to international space law and will be a valuable research tool for academics and practitioners alike.
The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.
