SPACE PROPERTY RIGHTS International Lunar Conference September 18-23, 2005 Toronto, Canada

Similar documents
MARITIME ZONES ACT 2005 Act 2 of April 2005

MARITIME ZONES ACT 2012

KEY INTERNATIONAL LAW IMPLICATIONS OF THE COMMISSION S PROPOSAL TO AMEND THE GAS DIRECTIVE

PATENTS IN OUTER SPACE N. Vignesh Kumaran

The Legal Regime of Offshore Oil Rigs in International Law

Act 2 of April 2005 ARRANGEMENT OF SECTIONS

MARITIME ZONES ACT. Revised Laws of Mauritius. Act 2 of April M5 1 [Issue 4] ARRANGEMENT OF SECTIONS

The maritime areas under UNCLOS. The Legal Nature of Coastal States Rights in the Maritime Areas under UNCLOS. Tullio Treves

Issue Brief. The United States of America should not ratify. Ratifying UN Law of the Sea Treaty Would Harm U.S. Sovereignty Part II

4/13/2011. The Law of the Sea. How far offshore does a coastal State s sovereignty extend? And why does it matter?

United Nations Convention on the Law of the Sea and Marine Scientific Research. General aspects

PRESENTATION: Regulation of small satellites under international and national space law

International jurisprudence about exclusive economic zone of costal states.

Robert C Beckman Director, Centre for International Law (CIL) National University of Singapore

6738/18 JUR 1 LIMITE EN

THIS EXAMINATION CONSISTS OF 5 PAGES PLEASE CHECK TO ENSURE THAT YOU HAVE ALL 5 PAGES THE UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW

Dimitra Savva Offshore Energy Installations

OCEAN ECONMOMY MARITIME ZONES DELIMITATION EXTENDED: JMA OCEAN OBSERVATORY

Migration Amendment (Offshore Resources Activity) Bill Information Paper. By the Australian Mines & Metals Association (AMMA)

SPACE ACTIVITIES AND REGULATORY FRAMEWORK OF LUXEMBOURG. An Overview in Relation to the Application for Membership in the UN COPUOS

IN THE MATTER OF THE RIGHTS AND OBLIGATIONS OF COASTAL STATES UNDER UNCLOS REGARDING FISHERIES CONSERVATION AND MANAGEMENT ADVICE

INTERNATIONAL LAW AND THE USE OF MARITIME HYDROCARBON RESOURCES

Annex II - Schedule of Canada. Aboriginal Affairs

David Freestone Co-Rapporteur ILA Committee on International Law and Sea level Rise George Washington University Law School

OFFSHORE PETROLEUM ACTIVITIES AND MARITIME BOUNDARY DISPUTES: AN ASIAN PERSPECTIVE

PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

THE FOREIGN INVESTMENT LAW (THE PYIDAUNGSU HLUTTAW LAW NO 21/2012) (2 ND NOVEMBER, 2012) (THE 3 rd WANING OF THADINGYUT, 1374 ME)

TIMOR SEA TREATY BETWEEN THE GOVERNMENT OF EAST TIMOR AND THE GOVERNMENT OF AUSTRALIA. (Dili, 20 May 2002) TIMOR SEA TREATY

THE UNION OF MYANMAR THE STATE PEACE AND DEVELOPMENT COUNCIL THE DAWEI SPECIAL ECONOMIC ZONE LAW

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF POLAND FOR THE PROMOTION AND PROTECTION OF INVESTMENTS

A/AC.105/C.2/L.224. General Assembly. United Nations

Treaty between the United States of America and. the Republic of Ecuador concerning the. Encouragement and Reciprocal Protection of Investment

1. The term "investor" means:

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF BULGARIA CONCERNING THE ENCOURAGEMENT AND RECIPROCAL PROTECTION OF INVESTMENT

PART I GENERAL PROVISIONS

The Duty to Cooperate in the Protection and Preservation of the Marine Environment

SUBMISSION BY THE PEOPLE S REPUBLIC OF BANGLADESH

Office of the Minister for the Environment Office of the Acting Minister of Energy and Resources Chair

SMALL SATELLITES RELATED REGULATIONS IN SOUTH AFRICA

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF MAURITIUS

Status of Offshore Oil and Gas and Considerations Relating to Article 82: An Industry Perspective

THE LEGAL AND INSTITUTIONAL FRAMEWORK GOVERNING OCEAN-BASED ECONOMIC SECTORS IN BARBADOS

INTERNATIONAL MANAGEMENT OF HAZARDOUS WASTES. The Basel Convention and Related Legal Rules KATHARINA KUMMER

ORIGINS AND DEVELOPMENT

AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND THE REPUBLIC OF THE SUDAN CONCERNING THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

Approved by the State Duma on December 6, 1995 Approved by the Federation Council on December 19, Chapter I. General Provisions

Marine Protection Rules Part 143 Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances

ISBA/23/LTC/CRP.3* 8 August 2017 English only. Draft Regulations on Exploitation of Mineral Resources in the Area

The Government of the Republic of Chile and the Government of the Republic of Indonesia, hereinafter referred to as the "Contracting Parties";

RESPONSE TO REQUESTS FOR CLARIFICATION 2013 LACHS MOOT PROBLEM LYDIOS V. ENDYMION

TITLE 16 - CONSERVATION CHAPTER 71 - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF TUNISIA CONCERNING THE RECIPROCAL ENCOURAGEMENT AND PROTECTION OF INVESTMENT The

PUBLIC CONSULTATION Improving offshore safety in Europe

Implementation of Article 19 of the Convention: Liability

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE REPUBLIC OF MOZAMBIQUE FOR THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CROATIA AND THE GOVERNMNET OF THE STATE OF QATAR THE PROMOTION AND

Doing Business in Myanmar for Indian Companies

Preamble The Government of the Republic of Chile and the Government of the Kingdom of Denmark, hereinafter referred to as the Contracting Parties,

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF POLAND FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS

Index to Repealed Acts. Title Chapter/Act No. Repealed and Replaced by

THE BELGIAN-LUXEMBOURG ECONOMIC UNION

Voluntary Guidelines for flag State performance

THE IASLA SPACE LAW MOOT COURT COMPETITION INTERNATIONAL COURT OF JUSTICE SPECIAL AGREEMENT BETWEEN PEOPLE S REPUBLIC OF ENCELADUS (APPLICANT) AND

The Pyidaungsu Hluttaw enacted this law. Chapter (1) Title and Definition. 1. This law shall be called the Foreign Investment Law.

AGREEMENT BETWEEN THE REPUBLIC OF ESTONIA AND GEORGIA THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS

Seminar on the Establishment of the Outer Limits of the Continental Shelf beyond 200 Nautical Miles under UNCLOS (Feb. 27, 2008)

the distribution, retailing, or exhibition of handicrafts that are identified as handicrafts of the Dominican Republic.

No SPAIN and PHILIPPINES. Agreement on the reciprocal promotion and protection of investments. Signed at Madrid on 19 October 1993

INTERNATIONAL COURT OF JUSTICE APPLICATION INSTITUTING PROCEEDINGS. filed in the Registry of the Court on 28 August 2014

Act on maritime spatial planning 1

A G R E E M E N T BETWEEN THE REPUBLIC OF HUNGARY AND THE REPUBLIC OF YEMEN FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN. THE CANADA-NOVA SCOTIA OFFSHORE PETROLEUM BOARD (hereinafter referred to as "the Board") AND

AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO

3 October 2011 Unofficial Translation

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF TURKMENISTAN FOR THE PROMOTION AND PROTECTION OF INVESTMENTS

INTERNATIONAL LIABILITY FOR DAMAGE: PROPOSED SOLUTIONS FOR THE ERA OF COMMERCIAL SPACE ACTIVITY 1 SA ID MOSTESHAR 2

25 NOVEMBER 2009 TO 31 JANUARY 2010

Enforcement of international maritime legal instruments

AGREEMENT 1 ON THE PROMOTION AND RECIPROCAL PROTEC TION OF INVESTMENTS BETWEEN THE KINGDOM OF SPAIN AND THE UNITED MEXICAN STATES

DIRECTIVE 2013/30/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE FEDERAL GOVERNMENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA FOR

AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF POLAND ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

Dr. Nong Hong Vang Tau City, November 24, 2015

1998 No. 23 AGREEMENT BETWEEN AUSTRALIA AND THE ISLAMIC REPUBLIC OF PAKISTAN ON THE PROMOTION AND PROTECTION OF INVESTMENTS

ANNEX II. Explanatory Note

Bilateral Investment Treaty between India and Nepal

TULANE LAW SCHOOL. Rhodes, Greece. The International Regime of Underwater Cultural Heritage SUMMER, Professor Scovazzi

Maritime Delimitations in the East Mediterranean

National Legislation Governing Commercial Space Activities

AGREEMENT BETWEEN THE REPUBLIC OF LEBANON AND THE REPUBLIC OF AZERBAIJAN ON THE RECIPROCAL ENCOURAGEMENT AND PROTECTION OF INVESTMENTS

Council of the European Union Brussels, 3 April 2018 (OR. en)

The Space Industry Act 2018

THE 2003 MANFRED LACHS SPACE LAW MOOT COURT COMPETITION

AGREEMENT BETWEEN AUSTRALIA AND THE LAO PEOPLE'S DEMOCRATIC REPUBLIC ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

THE INVESTMENT PROMOTION ACT

SCHEDULE (regulation 2)

Comparison of the UK Government, European Council and European Parliament s positions on future UK-EU relations (5 June 2018)

AGREEMENT BETWEEN AND THE GOVERNMENT OF THE CZECH REPUBLIC

Transcription:

SPACE PROPERTY RIGHTS International Lunar Conference September 18-23, 2005 Toronto, Canada Rosanna Sattler, Esq. Posternak Blankstein & Lund LLP 617-973-6135 rsattler@pbl.com www.pbl.com 1

Sources of International Law Treaties, Conventions, Multi-Lateral Agreements and Other International Arrangements Fundamental Principles/International Custom as evidence of a general practice accepted as law Legislation enacted by a Nation 2

WHAT DO WE MEAN BY OUTER SPACE? Where Does Space Begin? There is no internationally recognized boundary of space 3

What do we mean by Space Property? Actual real estate Structures built upon the Moon or a Celestial Body Leases Mining Licenses/Occupancy Permits Objects launched into space Objects created in space 4

What do we mean by Space Property? Objects created in space and launched from another planet or from a space station Raw materials extracted from a Celestial Body Orbital slots Spectrum rights Intellectual property 5

United Nations Committee for the Peaceful Uses of Outer Space Established in 1958 (COPUOS) COPUOS decisions and recommendations created the basic structure of space law International cooperation/consensus procedure (no voting by majority) Through this process COPUOS produced the 5 major international treaties addressing space activities: 6

International Treaties 1967 OUTER SPACE TREATY 1968 RESCUE AND RETURN AGREEMENT 1972 LIABILITY CONVENTION 1975 REGISTRATION CONVENTION 1979 MOON TREATY 7

1967 Outer Space Treaty Makes clear that the Moon and other bodies are not subject to national appropriation by claim of sovereignty, use or occupancy (Article II). National appropriation cannot be accomplished through ANY OTHER MEANS (Article II), meaning that private parties cannot appropriate real estate. 8

1967 Outer Space Treaty Exploration must be in accordance with International Law (Article III). The Moon and Other Celestial Bodies shall be used exclusively for peaceful purposes (Article IV). Exploration and use shall be carried out for the benefit and in the interests of all countries (Article I). 9

1967 Outer Space Treaty Space exploration AND USE shall be free of restraint and discrimination (Article I). Free access to all parts of space for all nations (Article I). 10

1967 Outer Space Treaty The USE of EQUIPMENT or FACILITIES necessary for peaceful exploration of the Moon and Other Celestial Bodies shall not be prohibited (Article IV), and shall be on a NON-INTERFERENCE basis (Article IX). 11

1967 Outer Space Treaty States have responsibility for ACTIVITIES in outer space, on the Moon and Other Celestial Bodies even if activities are carried on by nongovernmental entities (Article VI). 12

1967 Outer Space Treaty ACTIVITIES of non-governmental entities require supervision by the appropriate state party to the Treaty (Article VI). States and their citizens do not lose sovereignty over the objects they place into space or on a Celestial Body (Article VIII. 13

1967 Outer Space Treaty All stations, installations and equipment and space vehicles on the Moon and Other Celestial Bodies shall be open to representatives of other States Parties to the Treaty on the basis of reciprocity if reasonable notice of visit is given (Article XII). 14

Other International Treaties And Agreements Can Serve As Models International Telecommunications Union (ITU) Administers geostationary orbital slots and frequencies for all satellite communication 15

ITU Geostationary orbital slots are akin to real estate. ITU assigns orbital slots Two modes have been developed: C Band a posteriori (first-come firstserved) Ku and Ka band a priori (allocated to countries). In neither case does the satellite owner own the orbital slot. 16

ITU First come/first served (no interference physically or electronically with existing satellites) Tremendous economic value ITU operates a special international organization Not permanent ownership or use 17

ITU A segment of space (orbital slots) has been allocated, bought and sold as a commodity. Companies finance, build, launch and operate satellites without any real property ownership in the orbital slots. 18

ITU Satellites and/or orbital locations have been swapped, sold and leased. Geostationary orbit has become its own economy. 19

Other International Treaties And Agreements Can Serve As Models The Antarctic Treaty System Regulates scientific study Provides guidelines for management operations Guidelines for safety and rescue of humans 20

The Antarctic Treaty System Plans for tourism Environmental protection provisions Dispute resolution by negotiation, arbitration or International Court of Justice Fails to deal with mining of minerals 21

Other International Treaties And Agreements Can Serve As Models United Nations Convention on the Law of the Sea (UNCLOS) Licenses and regulates mining of deep seabeds of the Earth s oceans located more than 200 miles from a nation s coast 22

UNCLOS Area and its resources declared common heritage of mankind Central International Seabed Authority to grant mining licenses to private parties Specialized tribunal to hear disputes U.S. failed to ratify and lost its provisional membership 23

U.S. Deep Seabed Hard Mineral Resources Act Temporary measure to be used until a widely accepted Law of the Sea Treaty is created Duty of reasonable regard for the interests of other states 24

U.S. Deep Seabed Hard Mineral Resources Act Use in line with international law Requires miners to apply for licenses and permits of limited duration Licenses require environmental protection and accident prevention Termination of permit if no activity Transition to international mining regime 25

Interim Solutions/ISS Each module of ISS is the sovereign territory of the registering country Each partner or space agency retains jurisdiction over its infrastructure, crew, spacecraft, equipment, structures, and intellectual property developed on its module 26

Interim Solutions/ISS Inventions are deemed to have occurred within the jurisdiction of the Partner State which registered the relevant element Disputes are adjudicated by the World Trade Organization or the International Court of Justice 27

Interim Solutions Exclusive Economic Zones (EEZs) U.S. established EEZs, even though failed to ratify UNCLOS Under UNCLOS, country may create an EEZ between its coast and 200 miles 28

Interim Solutions/EEZs Country has exclusive right to Explore Exploit Conserve Manage the natural resources in this area, including the deep sea bed 29

Interim Solutions/EEZs Country may construct artificial islands installations structures Cannot interfere with sea lanes or safety of ships 30

Interim Solutions/EEZs Other countries allowed to: Navigate through the waters Fly over the area Lay pipelines or cables on the sea floor 31

Interim Solutions/EEZs Other countries may not: Conduct research Catch fish Pollute Take EEZ resources (unless emergency) 32

Interim Solutions/EEZs Country may grant licenses or permits to other nations to: fish use resources OR impose quotas or taxes to limit foreign fishing 33

Interim Solutions Create Lunar Exclusive Economic Zones (LEEZs) In Space Build a structure or occupy an orbit Claim a small safety zone around structure or space craft as agreed by international parties (similar to ISS or safety zones around drilling platforms on the continental shelf) 34

Interim Solutions/LEEZs Retain jurisdiction over a LEEZ and create regulations and permitting procedures for a LEEZ Establish an international organization similar to ITU or UNCLOS to manage the utilization of property and economic development of Moon 35

POSSIBLE FUTURE REGIME International Governing Body or NGO to Administer Legal System: Develops guidelines for lunar exploration Issues licenses/permits for activities Addresses construction and mining operations 36

POSSIBLE FUTURE REGIME International Governing Body or NGO to Administer Legal System: Coordinates habitation Manages accident liability Establishes a specialized space tribunal to resolve accident liability and legal claims 37

Thank You! Rosanna Sattler, Esq. Posternak Blankstein & Lund LLP 617-973-6135 rsattler@pbl.com www.pbl.com 38