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Regulating a revolution : small satellites and the law of outer space
Chapter 1 of the study includes introduction to small satellites activities, it explains and explores what are small satellites, what applications such satellites support, and introduces important terminology. Chapter 2 summarises and analyses the applicability of the existing treaty law to small satellites operations, as well as recent discussions and developments in international bodies such as UN COPUOS and the ITU with respect to international regulation of small satellites activities. Chapter 3 includes a deep legal analysis of State responsibility for non-governmental small satellites activities. It refers to Article VI of the Outer Space Treaty as well to basic concepts as “nationality” in general international law. It analyses case studies which illustrates the legal challenges relating to the application of Article VI in the context of small satellites. Chapter 4 focuses on analysing the applicability of the Liability Convention in relation to small satellites, especially with respect to “fault liability” in outer space. Chapter 5 addresses the legal concept of registration of space objects in the space treaties, and “jurisdiction and control”. It analyses the problematic legal relations between State responsibility, the liability of the launching State and the ability of the latter to exercise jurisdiction and control as the State of registry, in the case of non-governmental small satellites. Chapter 6 summarises the findings of the study and includes analogies to cases where justification to treat certain small scale activities in a special manner was found, referring to the de minimis doctrine. It further includes recommendations and a concrete solution to deal with the legal difficulties which were identified, namely, a draft Optional Protocol to the Outer Space Treaty, aimed to supplement the treaty and internationally regulate non-governmental small satellites activities in more detail.
- All authors
- Palkovitz Menashy, N.
- Supervisor
- Mendes de Leon, P.M.J.
- Co-supervisor
- Molier, G.
- Committee
- Gijrath, S.J.H.; Smith, L.J.; Hofmann, M.
- Qualification
- Doctor (dr.)
- Awarding Institution
- Institute of Public Law , Faculty of Law , Leiden University
- Date
- 2019-06-18