News
IISL Board Member publishes on SpaceWatchGL Geopolitics – China and the Moon
IISL Board Member Fabio Trionchetti published an article on Space Watch Global addressing the Chinese position towards lunar activities. The piece analyses China’s position on lunar (and other celestial bodies) activities in light of the recent Chinese submission to the Working Group on Legal Aspects of Space Resource Activities of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space. The article was originally published on 14 March 2014 on SpaceWatch Global at https://spacewatch.global/2024/03/spacewatchgl-geopolitics-china-and-the-moon/. SpaceWatchGL Geopolitics – China and the Moon By Dr. Fabio Tronchetti The recent Chinese official communication to COPUOS is the first evident manifestation of China’s willingness to engage in multilateral negotiations on this subject. Credit: Emma Gatti/SpaceWatch.Global What is China’s position on space resource activities? The following is a commentary on the Chinese approach following its submission to the Working Group on Legal Aspects of Space Resource Activities of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space (COPUOS). On March 6th, 2024, China submitted to the Working Group on Legal Aspects of Space Resource Activities of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space (COPUOS)a document highlighting the country’s position towards the utilization of space resources and indicated selected issues that should be addressed as a matter of priory importance. The submission represents the first official initiative taken by China to delineate its approach on the regulation of space resources activities; unsurprisingly, this document has received significant attention in the press and among scholars. It seems, therefore, important to undertake an analysis of its content, indicating how the Chinese position differs from that expressed by other countries and assess its implications moving forward. Recent developments in space resources activities In the past decade, the Moon has returned to the centre of States’ space agenda. The United States and China are leading coalitions of States, respectively under the framework of the Artemis Program and the International Lunar Research Station (ILRS), with the aim of returning humans to the Moon, building facilities on its surface, and possibly using lunar resources to sustain their missions. These plans have spurred numerous initiatives intended to fill the gaps left open by the space treaties about activities undertaken on celestial bodies. The 1967 Outer Space Treaty (OST) only declared celestial bodies non-appropriable (Art. II, OST) and recognized the right of States to explore and use outer space, provided that such exploration and use are carried out for the benefit and in the interest of all countries (Art. I, OST). However, the OST does not specify how these principles apply to activities carried out on a celestial body, leaving, thus, key questions open to diverging interpretations (i.e. are resources appropriable? Is their use, particularly for profit, consistent with the OST?) The Moon occupies a place of special importance in the Chinese space program. In the last decade, four States- the United States, Luxembourg, the UAE and Japan- have enacted national space resources utilization laws; these laws not only affirm the legality of the use of resources for profit but also lay down the regulatory foundation to authorize private space resources activities. In 2020 the United States went one step further by delineating in a document called the Artemis Accords, a series of principles intended to guide the activities of the States participating in the Artemis Program. The Accords contain several provisions that, while intended to give shape to the principles of the OST in the context of lunar activities, raise questions associated with their consistency with the Treaty itself. The possibility of establishing ‘safety zones’ on the Moon’s surface to prevent harmful interference with one’s mission represents a perfect example of this controversial approach (are ‘safety zones’ consistent with the non-appropriative nature of the Moon?). Importantly, the developments described above occurred outside of the traditional international law-making framework for space activities that has in COPUOS, and specifically its Legal Subcommittee, its centrepiece. This has raised concerns relating to the fragmentation of international space law and the de-legitimation of the law-making role of COPUOS. To reconcile different positions and ideally develop a common understanding of the rules governing space resources utilization activities, States agreed to discuss the matter in the COPUOS’ Legal Subcommittee. In 2022 a Working Group on Legal Aspects of Space Resource Activities was set up with the goal, inter alia, to develop a set of initial recommended principles for such activities by 2027. China and the Moon The Moon occupies a place of special importance in the Chinese space program. Between 2007 and 2020, China undertook the first phase of its lunar exploration program, which included orbiting the Moon with a probe, landing a rover on the Moon’s surface and its far-side, and automated collection of lunar samples. China is now entering the second phase of its lunar exploration program, consisting, first, of a series of missions to study water deposits and other physical resources at the South Pole of the Moon and then, the construction of a lunar research station. To achieve this goal, China has launched the International Lunar Research Station (ILRS) initiative, which has been joined so far by 8 countries with 10 other States currently negotiating their participation. Unlike the Artemis Program, the ILRS does not have a regulatory instrument to guide the activities of its participants; up to this moment, China has only concluded cooperation agreements with the participating States, even though it has made clear its intention to develop more detailed arrangements on a bilateral basis. China describes the ILRS as a scientific research facility open to all interested countries and envisions the use of lunar resources for scientific research and support of its mission. Notably, China has not enacted a national space resources utilization law nor has launched any initiative outside of COPUOS to promote its interpretation of the space treaties about space resources activities. The Chinese submission to the Working Group China submitted to the Working Group on Legal Aspects of Space Resource Activities of the Legal Subcommittee of COPUOS to respond to the Chair’s invitation to provide information
IISL at UN/Portugal Policy Symposium
In preparation for the high-level UN/Portugal May Conference on Management and Sustainability of Outer Space Activities, the Portuguese Space Agency organised from 11 to 15 March an online preparatory Policy Symposium (https://www.unportugal.ptspace.pt/) . IISL was represented by its President Kai-Uwe Schrogl as moderator of the session on regional and national approaches on space sustainability and Maruska Strah presenting IISL activities on Space Traffic Management on a dedicated session. Many other IISL Members were invited as moderator or speakers in their other professional capacities.
Update: Extension of IISL Awards deadline to 25 March!
The IISL Awards Committee extended the deadline for this years Awards Nominations to 25 March 2024! Each year, IISL recognizes eminent and extraordinary contributions and services to the field of space law, and for advancing the broader objectives of the Institute through prestigious IISL annual awards. The annual awards are given under the following five categories: In particular, the last category of award entitled IISL Space Law Award for Young Achievers, introduced in 2019, aims at recognizing meritorious contributions / outstanding achievement relevant to the field of space law or distinctive service to the activities, events or goals of IISL by young individuals. The nominated individuals should be below 40 years of age as of 31 March 2024. More details on all categories of the awards can be accessed from our website <International Institute of Space Law | IISL>. The Institute calls for nominations in prescribed forms for the 2024 IISL Awards in the above categories, to be sent before the deadline of Monday, 25 March 2024. Nominations must be submitted electronically to <awards@iisl.space>, by filling and e-mailing the prescribed form, and providing all the required information and documentation. Nomination forms and eligibility criteria for each category, and the procedure for nominations, can be accessed on the IISL website under “awards and competitions” menu. The list of past awardees can also be found on the same page. As the scope of the IISL Awards is global and is not limited to IISL members, all members are urged to actively participate and nominate. IISL Awards Committee Please see below for the Nomination form (docx) to be used for nominations for IISL Awards and Instructions on IISL Awards and Certificates (pdf).
Dispute resolution in space activities: DFIC webinar held
Understanding the DIFC Courts and Their Resources: The DIFC Courts serve as a reference for legal excellence in the Middle East, providing a secure and efficient platform for resolving commercial and civil disputes. We are pleased to report on an recent webinar by the Dubai International Financial Centre (DIFC) Courts, which was held on on 22 February 2024. The event was held by Mrs Amna Al Owais, Chef Registrar of DIFC Courts, and introduced by IISL Board Member, Prof. Mahulena Hofmann. It offered an important discussion on the evolving landscape of dispute settlement, particularly in the context of space activities. The topic is highly relevant considering the increasing commercialisation of space services and the complex legal challenges this presents. Dispute resolution in space activities requires an understanding of various jurisdictions and legal systems. The DIFC Courts, with their innovative approach, offer interesting insights and solutions. This presentation was a great opportunity for legal practitioners, scholars, and anyone interested in the fields of space law and international dispute resolution to gain in-depth knowledge from an expert and engage in discussions that could shape future legal frameworks in space activities. The event was supported and attended by several IISL members, among which Prof. Mahulena Hofmann of Luxembourg University, who introduced the event, Prof. Kai-Uwe Schrogl, IISL President, Prof. Irmgard Marboe of University Vienna, and Prof. Frans von der Dunk of University of Nebraska-Lincoln. Please see below for more information on the DIFC Courts. As part of the DIFC commitment to advancing legal knowledge and fostering dialogue on emerging legal challenges, the following lecture topics have been covered, reflecting the dynamic and evolving nature of space law:
IISL Newsletter – February 2024
IISL Newsletter - February 2024 featuring our latest news, activities, publications, and member news on space law.
IISL Awards nomination season opened
Each year, IISL recognizes eminent and extraordinary contributions and services to the field of space law, and for advancing the broader objectives of the Institute through prestigious IISL annual awards. The annual awards are given under the following five categories: In particular, the last category of award entitled IISL Space Law Award for Young Achievers, introduced in 2019, aims at recognizing meritorious contributions / outstanding achievement relevant to the field of space law or distinctive service to the activities, events or goals of IISL by young individuals. The nominated individuals should be below 40 years of age as of 31 March 2024. More details on all categories of the awards can be accessed from the IISL web site <International Institute of Space Law | IISL > The Institute calls for nominations in prescribed forms for the 2024 IISL Awards in the above categories, to be sent before the deadline of 29 February 2024. Nominations must be submitted electronically to <awards@iisl.space>, by filling and e-mailing the prescribed form, and providing all the required information and documentation. Nomination forms and eligibility criteria for each category, and the procedure for nominations, can be accessed on the IISL website under “awards and competitions” menu. The list of past awardees can also be found on the same page. As the scope of the IISL Awards is global and is not limited to IISL members, all members are urged to actively participate and nominate. IISL Awards Committee Please see below for the Nomination form (docx) to be used for nominations for IISL Awards and Instructions on IISL Awards and Certificates (pdf).
Obituary: Professor José Monserrat Filho
By Sylvia Ospina and Olavo de O. Bittencourt Neto The Space Law Community is saddened to announce the passing of José Monserrat Filho, an eminent Space Law lawyer, in Rio de Janeiro on 30 December 2023. Professor Monserrat touched the lives of many students and colleagues interested in, and involved in Space Law and Policy throughout the span of many decades, and contributed to the development of Space Law and Policy in Latin America and beyond. Professor Monserrat initiated his studies during the dawn of Space Age, at the USSR Peoples’ Friendship University, in the early 1960s. He also studied at The Hague Academy of International Law, the European Centre for Space Law and at the International Space University, promoting research on strategic topics while also building an invaluable global network. For decades, Professor Monserrat was a member of Brazilian delegation to the UNCOPUOS, offering his expert contribution to the furtherance of national interests. In 2007, Professor Monserrat was elected to chair the COPUOS Legal Subcommittee Working Group on the Definition and Delimitation of Outer Space, where he enthusiastically supported multilateral debates and consensus building initiatives. Elected member of the Board of the International Institute of Space Law in 1997, where he later served as honorary member, Professor Monserrat participated in various programmes and endeavours, including the organization of the International Astronautical Congress (IAC) in 2000, held in Rio de Janeiro. Additionally, he was a member of the Space Law Committee of the International Law Association (ILA), as well as of the International Academy of Astronautics (IAA). Professor Monserrat recorded a remarkable career at the Brazilian Space Agency (AEB) and the Ministry of Science and Technology, holding functions related to regulatory activities and international relations. His dedication and expertise contributed to the advancement of efforts which have helped to shape the Brazilian Space Program and space-related legal framework. Professor Monserrat acted as vice-president of the Brazilian Association of Air and Space Law (SBDA), chairing the research group on Space Law, which congregates professionals, students and scholars around focused studies and initiatives. Professor Monserrat greatly contributed to the progress of Brazilian scientific journalism, as Editor of the “Jornal Ciência Hoje”, a publication of the Brazilian Society for the Advancement of Science (SBPC) which promotes diverse scientific research and critical thinking. A prolific writer with acute social consciousness, Professor Monserrat assembled a remarkable body of work, composed of books on International Law, Space Law and Space Policy, as well as an extraordinary number of essays and papers, of fundamental significance in Brazil and abroad. Most importantly, Professor Monserrat fostered many outreach activities, supporting young researchers and professionals involved with outer space. Throughout the years, Professor Monserrat gained the respect and admiration of students, fellow scholars, government officials and international authorities, which have learned to admire his humanitarian principles and values, global vision, outstanding resilience and philosophical viewpoints.[1] In 2020 he received the IISL’s Lifetime Achievement Award, as a deserved recognition to a great man, and one which celebrated a long, productive and distinguished career, devoted to the advancement of Space Law. Professor Monserrat is survived by his wife, Ruth, son, José Monserrat Neto, and grandchildren. Professor José Monserrat Filho is irreplaceable. His legacy lives forever. [1] Recent publications and events celebrated Prof. Monserrat in Brazil and abroad. Prof. Ram Jakhu wrote in McGill University Monograph Series V, entitled Conflicts in Space and the Rule of Law (2017, edited by Maria Manoli and Sandy Belle Habchi), atribute to Professor Monserrat reflecting his extraordinary expertise and global reputation. In 2023, several eminent scholars contributed to the book Direito Espacial – uma coleção em homenagem ao Prof. José Monserrat Filho (edited by Márcia Alvarenga dos Santos, Tatiana Ribeiro Viana and Sueli Sampaio Custódio), reflecting on the legacy of Prof. Monserrat to space law and policy. On May 8th, 2023, the SBDA held an event celebrating the work of Prof. José Monserrat Filho, who attend it in person. Additionally, the Research Group on Space Law and Policy of the Catholic University of Santos was named after Prof. Monserrat that same year. In Spanish – Español: La comunidad de abogados especialistas en Derecho Espacial lamenta el fallecimiento del Profesor José Monserrat Filho, ocurrido en Rio de Janeiro, Brasil, el 30 de diciembre de 2023. El Profesor Monserrat tuvo mucha influencia en la vida de muchos estudiantes y colegas interesados, e involucrados en el campo de Derecho y Política Espacial, en el curso de varias décadas y contribuyo ampliamente al desarrollo del Derecho Espacial en América Latina y otras regiones del Mundo. Sus primeros estudios tuvieron lugar en la Unión Soviética, a comienzos de la era especial. Luego los complementó con estudios en la Academia Internacional de La Haya, el Centro Europeo de Derecho Espacial, y la Universidad Internacional de Derecho Espacial, contribuyendo a la investigación sobre temas estratégicos al mismo tiempo que construyo una red global de interesados en estos temas. Durante décadas, el profesor Monserrat participo como miembro de la Delegación Brasileña al Comité para el Uso Pacífico del Espacio de las Naciones Unidas (UNCOPUOS, por sus siglas en ingles), En 1997 fue elegido Miembro de a Junta Directiva del Instituto Internacional de Derecho Espacial (IISL, por sus siglas en ingles), y participo en varios programas del IISL, culminando con la organización del Congreso Internacional de Astronáutica que tuvo lugar en Rio de Janeiro en 2000, Además, participo en otras organizaciones, tal como la Asociación Internacional de Derecho, (ILA, por su sigla en inglés) y la Academia Internacional de Astronáutica (IAA, por su sigla en inglés). José Monserrat hizo valiosas contribuciones al progreso del periodismo brasileño, siendo el Editor del Jornal Ciência Hoje”, así como Editor de la publicación de la Sociedad Brasileña Para el Progreso de la Ciencia (SBPC, por sus siglas en portugués), la cual promueve investigaciones en diversos campos científicos. Por medio de sus escritos, el Profesor Monserrat se ganó el respeto y la admiración de estudiantes, colegas científicos y académicos, de las autoridades gubernamentales internacionales, debido a sus principios humanitarios, su visión global, y
Happy New Year from the IISL!
IISL wishes all of its members a wonderful 2024! Starting off the year with a remarkable flashback to the beginnings of space law, we are delighted to make available to you another IISL publication, prepared by our esteemed member and Honorary Director of IISL Stephen E. Doyle. The book “Pioneers of Space Law: Vladimir Mandl” features a republication of Vladimir Mandl’s “Das Weltraum-Recht – Ein Problem der Raumfahrt” (Space Law – A Problem of Space Travel) of 1932: the first monograph ever published on space law. The present edition features a biographical description of the life of Mandl (Chapter 1), a copy of the original 48 page monograph in German (Chapter 2), a comprehensive translation of the monograph in English (Chapter 3), and concluding remarks by the author (Chapter 4). With this, a book that has become sparse after World War II is made accessible again to all space lawyers, together with excellent and timely commentary by the author. On Stephen E. Doyle: In the late 1950’s and early 1960’s Steve studied at Boston College, the University of Massachusetts, Duke Law School, and McGill University’s Institute for Air and Space Law. For more than four decades he worked closely with government officials, aerospace industry experts, and with national and international space policy makers from every part of the world to help formulate many existing space laws and policies. His exceptional experience and vision enable him to contribute significantly to continuing development of space law and policy. We sincerely thank Stephen Doyle and the IISL Directorate of Studies chaired by Stephan Hobe for their commitment and wish all members a delightful time travel to the early days of space law and happy reading! Please find the link to download below:Stephen E. Doyle, Pioneers of Space Law: Vladimir Mandl (1899-1941), IISL Directorate of Studies 2023
IISL Newsletter – November/December 2023 – IAC wrap-up and more
IISL Newsletter - November/December 2023 featuring our latest news, activities, publications, and member news on space law.
IAC 2023 final programme available
Tomorrow, the 74th International Astronautical Congress is set to take off. It will be held from 2 to 6 October in Baku, Azerbaijan. The final programmes and IAF App have been made available. The final programmes can be found on the IAF Website at: www.iafastro.org/events/iac/iac-2023/publications.html. They are divided into five different parts and cover the whole spectrum of the event. Our annual IISL Colloquium is part of the Technical Programme – Session E7 – which is available here and linked below. We are set to start on 2 October 2023 with the Young Scholars Session and Nandasiri Jasentuliyana Keynote Lecture. The app is available to download on: https://allintheloop.com/events/iafastro.html. Through the IAF App you will be able to connect and collaborate with the entire IAF Community and check on the full IAC 2023 programme.