November 2023
In memoriam: Eilene M. Galloway (1906-2009)
It is with sadness that the International Institute of Space Law notes the passing of Eilene Marie Galloway on 2 May 2009. She had been recently diagnosed with inoperable cancer and lived her final days at home surrounded by family and friends. Monday 4 May would have been her 103rd birthday. In the 15 May 2006 U.S. Congressional Record, in honour of her 100th birthday, Rep. Bart Gordon, chairman of the House Science and Technology Committee, called Dr Galloway an influential force in the development and analysis of domestic and international space law and policy.” Born less than three years after the Wright brothers’ first powered flight, Dr Galloway was a 1928 Phi Beta Kappa graduate of Swarthmore College. She had worked with the Congressional Research Service of the United States Library of Congress in 1941, researching and writing House and Senate documents including “Guided Missiles in Foreign Countries” in 1957. She was asked by the Senate after the launching of Sputnik to write the report on its impact to the United States. On 29 July 1958, President Dwight Eisenhower signed the National Aeronautics and Space Act, leading to the birth of NASA. Dr Galloway was solely responsible for Section 205 on international cooperation in the Act. On Dr Galloway’s advice, the origial proposal for a National Aeronautics and Space Agency was changed to the National Aeronautics and Space Administration. Eilene Galloway had been pivotal in helping to write the legislation, emphasizing international cooperation and peaceful exploration. She later served on nine NASA Advisory Committees, and continued to do so until 2003. In the 1960s, she was America’s representative in drafting treaties governing the exploration and uses of outer space, helping launch the field of international space law. Dr Galloway worked for several decades with the United Nations Committee on the Peaceful Uses of Outer Space (UN-COPUOS) and was also instrumental in creating the International Institute of Space Law. She was Vice President of the IISL between 1967 and 1979, becoming the Institute’s Honorary Director after that. She received the Andrew Haley Gold Medal in 1968 and the IISL’s Lifetime Achievement Award in 1990. Dr Galloway received a NASA Public Service Award in 1987 “for her outstanding achievements of advising the Congress on legal and technical aspects of outer space, and for further services to the United Nations and other international organisations in helping to develop a rational basis for international space law.” In 1999, Dr Galloway was awarded flag and crew emblems of the International Space Station “in appreciation for serving the National Aeronautics and Space Administration and the nation as a member of the Advisory Committee on the International Space Station, and for your invaluable contribution in making the dream a reality.” In her name, the International Institute of Space Law created the Eilene Galloway Award for Best Written Brief in the Manfred Lachs space law moot court competition from 2000 onwards and since 2006, the Eilene Galloway Symposium on critical issues in space law. In March this year, Dr Galloway wrote a paper “Space Law for a Moon-Mars Program”, published in Space News. The Institute availed of her valuable advice until her passing. As IISL Emeritus President Prof. Isabella Diederiks-Verschoor wrote in her tribute to Eilene Galloway in the 2006 IISL Proceedings: “She has lived her life of distinguished service to the U.S. and to the Space World and has been an inspiration to us all, and above all a reliable friend.” Book of Memorial Tributes for Eilene Galloway Dr. Galloway’s contribution to international law, and international space law in particular, has been a remarkable achievement. Her fruitful and dedicated work in this area, as well as training and encouraging of young professionals, earned her world-wide recognition and respect from specialists all over the world. Her presence will be sorely missed. Mazlan Othman, Director, Office for Outer Space Affairs (OOSA), United Nations I first met Eilene Galloway when I was just beginning my work on space law. She graciously welcomed me into her home and we talked for a very long time. I was impressed by how genuine she was and that she, who had accomplished so much, was willing to spend time with a novice in the field. My condolences to Jonathan and to the rest of your family. Colleen M. Driscoll, Ph.D Director, The Kurtz Institute of Peacemaking In my condition as Chairman of the UN Committee on the Peaceful Uses of Outer Space, COPUOS and on behalf of all states members and permanent observers, I would like to express our condolence to Profesor Eilene Galloway´s family. I was fortunate to meet her for a very brief moment just enought to see in her brilliant eyes the soul of a profund loving person to whom we have an immense debt of gratitude. Ambassador Ciro Arévalo-Yepes UN- COPUOS Chairman Je présente mes condoléances les plus chaleureuses à toute la famille d’Eilene Galloway. Elle a été et demeurera toujours un phare doctrinal pour moi comme pour beaucoup de juristes. La lecture de ses réflexions et ses efforts pour développer le droit spatial a été pour moi un exemple remarquable. PArce que ses idées continueront de vivre et de fructifier, Eilene Galloway ne nou quitte pas vraiment. Prof. Mireille Couston (France) As a very long-time friend of Eilene these words are offered in her memory. Her creativity and steadiness of purpose in the entire area of outer space activity made her a world figure. Her good and faithful friends extend throughout the universe based on the enormous respect held for her and her significant contributions. Eilene was a living proof that a superbly qualified person can have a meaningful impact on a national government, on its very highest leaders, and on international organizations and institutions. Her’s was a life well lived. It is with sadness that we must acknowledge she is gone–but not forgotten. For me I have lost a very special friend. Carl Q. Christol Prof. Eilene Galloway whom I knew ever since my research works in space law almost from year
Further statement by the IISL Board of Directors on claims to lunar property rights
In view of recent misleading views and discussions on this subject in the press, the IISL Board considers that it is appropriate to further clarify a number of salient points as follows: International Law establishes a number of unambiguous principles, according to which the exploration and use of outer space, including the Moon and other celestial bodies, is permitted for the benefit of mankind, but any purported attempt to claim ownership of any part of outer space, including the Moon and other celestial bodies, or authorization of such claims by national legislation, is forbidden as following from the explicit prohibition of appropriation, and consequently is prohibited and unlawful. Since there is no territorial jurisdiction in outer space or on celestial bodies, there can be no private ownership of parts thereof, as this would presuppose the existence of a territorial sovereign competent to confer such titles of ownership. Read more in the full statement issued here.
In memoriam: Lee Morse Love (2008)
Lee Morse Love, a pioneer in reporting on United Nations’ efforts to ensure the peaceful uses of outer space for over 40 years, passed away Sunday 31 August 2008. She wrote about the United Nations Committee on the Peaceful Uses of Outer Space from its early days, and her personal relations were so close with committee members that during the Cold War years she was one of the very few people who was able to entertain delegates from both the United Sates and the former Soviet Union at the same occasion. By the time she left the U.N., only a few months prior to her illness, Lee had covered man’s flights into space and the moon and reported on arguments over who owned the rights to outer space, seas and satellites orbits. She attended the annual International Astronautical Congress all over the world and was elected to membership in the International Institute of Space Law in recognition of her work in the area of space law and policy. Lee was also hired by the United States Agency for International Development to go to places like Truk in Micronesia, to see if and how satellites could help its many islands to better communicate. Her generosity and warmth were eclipsed only by her beauty. A former model and actress, she studied at the Pasadena Playhouse in California. She grew up in Los Angeles, moved to New York and opened her heart and home to the world. In a world of givers and takers, she was a giver with no boundaries. Lee’s love and devotion to the United Nations and its diplomatic concepts brought people together from all over the world regardless of race, religion or political beliefs. With her boundless energy, Lee touched and brought joy to so many people. She will be missed by all her family, friends and anyone fortunate to have been in her company Lee Lee, as she was known, by those closest to her, leaves behind her loving husband of sixty years, Matthew; her children, Wendy Barnard and Gregory Love and his fiancé Nipa; and her grandchildren, Lance, Alessandra, Samantha and Anouchka and many loving nephews and nieces. One of Lee Lee’s favorite expressions was: Age is a number and mine is unlisted, and it will remain so as per her wishes. New York services will be held on Wednesday, 10:30am at Plaza Jewish Community Chapel, Amsterdam & 91st, Manhattan. Funeral Services will be held on Friday 2:00pm at Hillside Memorial Park in Los Angeles, 6001 W Centinela Ave., where she will rejoin her mother, father, and loving sister Florence. In lieu of flowers, donations can be made to the Lee and Matthew Love Foundation (a charitable foundation) (860 UN Plaza Apt. 23A, New York, NY 10017) for the funding of the Lee Love Award for members of the winning team at the International Institute of Space Law’s annual Moot Court Competition.
Origins of international space law, the IISL and IAF
Origins of International Space Law and the International Institute of Space Law of the International Astronautical Federation, S. Doyle, Honorary Director, 2002 (Univelt, ISBN 0-912183-17-9). Available here.
Statement by the IISL Board of Directors on claims to property rights regarding the Moon and other celestial bodies
Claims to own the Moon or parts thereof by private parties have been made for many years, but so far such claims have not been taken very seriously. However, this could change, as “deeds to lunar property” have started to appear, raising the opportunity for individuals to be misled. In addition, the scope of such claims has been extended recently to other celestial bodies. Thus, the Board of Directors of the International Institute of Space Law (IISL) has concluded that there is a need for a statement regarding the current legal situation concerning claims to private property rights to the Moon and other celestial bodies or parts thereof. While this issue is only a small part of a much broader context surrounding private sector activities on the Moon and other celestial bodies, this statement is limited only to the topic of claims to private property rights to the Moon and other celestial bodies or parts thereof. Read the full statement here.
IISL BoD Statement on the Consideration of the Interests of the Public and Other Stakeholders in the Authorization and Continuing Supervision of Commercial Space Activities
In July 2021, the Board of Directors of the International Institute of Space Law issued a joint statement concerning the role that the interests of the public and other stakeholders play with regard to commercial space activities. The statement highlights that commercial space activities should be developed in accordance with the rule of law, for peaceful purposes, and in a manner that is sustainable for the present and future generations. The Board calls on national regulators in charge of authorization and continuing supervision of commercial space activities to take into account, when authorizing and supervising such activities, the interests of all stakeholders, including the scientific community and the public, and the consequences that such activities may have future exploration and peaceful uses of outer space, including the Moon and other celestial bodies. Moreover, compliance with the Outer Space Treaty and other applicable regulations and international guidelines for space debris mitigation, space sustainability, and planetary protection should be ensured. Read the full statement here.
IISL President participates in 2021 Space Diplomacy Forum
IISL President Kai-Uwe Schrogl participated in the 2021 Space Diplomacy Forum, an event co-organised by the Ministry of Foreign Affairs of the Republic of Korea together with the Science and Technology Policy Institute (STEPI), a state think tank, and held on 12 August 2021. The forum was entitled “Envisioning a Better Future through Space Diplomacy”. The event was attended by experts on space diplomacy, including from the United Nations Office for Outer Space Affairs (UNOOSA), from major space faring nations, as well as by embassy officials in the ROK. It was live streamed and saw a discussion of the current status of space development exploration, norms, and sustainable development goals and sought ways to expand networks. Prof. Dr. Kai-Uwe Schrogl participated in Session 2 on “Rulemaking for Space”. His presentation highlighted the heritage of international space law, the current challenges it faces, and with regard to its future, the importance of maintaining the rule of law in outer space. The slides of the presentation can be viewed here.
IISL participation in Seoul Defence Dialogue 2021
IISL president Kai-Uwe Schrogl and IISL Member Philippe Achilleas participated in the 2021 Seoul Defence Dialogue, which took place from 8 to 10 September 2021 and focussed on the topic “Borderless Security Crises and Multilateral Responses”. The programme of the 2021 Seoul Defence Dialogue 2021 is available here. The event was live streamed by the Ministry of National Defense of the Republic of Korea and can be viewed here. Prof. Dr. Schrogl and Prof. Dr. Achilleas participated in Special Session 3 entitled “International Security Cooperation for Peaceful and Responsible Use of Space”. Prof. Dr. Schrogl’s presentation provided for introductory remarks to the topic, discussing the current opposing trends of an increasing congestion and militarisation of space, leading to a weakened approach to international regulation, vs. a rapidly expanding space economy calling for greater regulation of behaviour in outer space. The presentation is available here.
2021 Galloway Symposium on Critical Issues in Space Law successfully held
The 2021 Galloway Symposium was successfully held in a virtual setting on 14 December 2021, 9:00-12:30 US Eastern time. The excellent contributions by the presenters were followed by a rich discussion in the Q&A sessions following each panel. Following a timely keynote speech which highlighted the current legal and policy developments in the United States, the Symposium had a welcome from the IISL President, a keynote address and three panels. The IISL president emphasized in his introduction that with an even wider, global virtual audience, IISL now benefits from two features of Galloway: firstly, global dialogue (as in panel 1) and secondly, insights for the global audience – which can attend from different locations, not only locally – in US activities and developments (panels 2 and 3). The first panel addressed of the national frameworks for space resource extraction by Japan, Luxembourg, and the US, as well as updated information on the newly founded COPUOS Legal Subcommittee Working Group on Space Resources. The second panel discussed conditions for coordination and authorisation of space activities, highlighting both viewpoints of regulators and the industry in the US market, and the third panel concentrated on legal issues regarding private astronauts, with presenters from NASA and the private sector. To round off the Symposium, Marietta Benkö and Kai-Uwe Schrogl presented the newly released Liber Amoricum in honor of the late Dr. George Robinson. The 2021 Galloway agenda in detail: • 09:00 – 09:10: Welcome: Kai-Uwe Schrogl, President, International Institute of Space Law • 09:10 – 09:20: Keynote: Dr. Diane Howard, Director Commercial Policy, U.S. National Space Council • 09:20 – 10:10: National Space Resource Extraction Laws• Moderator, Joanne Irene Gabrynowicz, Prof. Emerita, UM School of Law, IISL Director• Japan – Setsuko Aoki, Prof. of Law, Keio University Law School, Tokyo, Japan• Luxembourg – Mahulena Hofmann, Prof., SES Chair in Space, SatCom and Media Law, University of Luxembourg• U.S. – Michael Dodge, Assoc. Prof., Director of Graduate Studies, Dept. of Space Studies, Univ. of ND• UNCOPUOS LSC WG – Steven Freeland, Emeritus Professor, Western Sydney University; Professorial Fellow, Bond University; Vice-Chair UNCOPUOS Working Group on Space Resources• 10:10- 10:25: Break • 10:25 -11:15: Coordination and Authorization of Space Activities• Moderator, Dennis Burnett, General Counsel, HawkEye 360• Ryan Guglietta, Office of Space Affairs, U.S. Dept. of State• Therese Jones, Senior Director of Policy, Satellite Industry Association• Audrey Allison, Senior Project Leader, Center for Space Policy and Strategy, Aerospace Corporation • 11:15 -12:05: Legal Issues Regarding Private Astronauts• Moderator, Milton “Skip” Smith, Member, Sherman, and Howard• Sumara Thompson-King, General Counsel, NASA• Aaron Futch, Sr. Director, Legal, Commercial and Regulatory, Virgin Galactic• Megan Sieffert, Axiom Space, Inc. • 12:05 Presentation of Liber Amoricum in honor of the late Dr. George Robinson• Marietta Benkö and Kai-Uwe Schrogl The Symposium was recorded and will be available in the coming days in the IISL members area. We thank the presenters and participants for their contributions and are already looking forward to next yea
IISL General Assembly successfully held on 6 November 2021
The IISL General Assembly, for the second time after its inaugural online edition last year, took place in a virtual setting and completed its business in a smooth and successful way. Similarly to last year, it drew a larger participation than during prior on-site meetings held at IAC’s. The IISL President Kai-Uwe Schrogl, summarised 2021 for IISL in the following way: The President noted with appreciation that the IISL did not only continue with current activities, but managed to set up a number of new initiatives: The IISL President Kai-Uwe Schrogl also communicated sad news about the passing of two important members – Ernst Fasan and Joann Clayton Townsend. Obituaries written by IISL members Les Tennen (for Ernst Fasan) and Marcia Smith (for Joann Clayton Townsend) are available on the IISL website. To conclude, the President with full confidence acknowledged that 2021 was a successful year which continued the new initiatives from the previous year and showed a reinvigorated energy and vigorousness of the Institute, and moreover increased the activities of the Institute even further, bringing together the members of the Institute closer together. The President wished all IISL Members and their families good health and all the best for the new year to come!