Tuesday, June 24, 2014

Space Law

Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space", although most lawyers agree that outer space generally begins at the lowest altitude above sea level at which objects can orbit the Earth, approximately 100 km (60 mi).

The inception of the field of space law began with the launch of the world's first artificial satellite by the Soviet Union in October 1957. Named Sputnik 1, the satellite was launched as part of the International Geophysical Year. Since that time, space law has evolved and assumed more importance as mankind has increasingly come to use and rely on space-based resources.


NASA STS-121 Launch

Early developments

Beginning in 1957, nations began discussing systems to ensure the peaceful use of outer space.[1][2] Bilateral discussions between the United States and USSR in 1958 resulted in the presentation of issues to the UN for debate.[1][3][4] In 1959, the UN created the Committee on the Peaceful Uses of Outer Space (COPUOS).[5] COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of international agreements relating to outer space.

International treaties

Five international treaties have been negotiated and drafted in the COPUOS:
  • The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty").
  • The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").
  • The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").
  • The 1975 Convention on Registration of Objects Launched into Outer Space (the "Registration Convention").
  • The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").
The outer space treaty is the most widely adopted treaty, with 100 parties.[6] The rescue agreement, the liability convention and the registration convention all elaborate on provisions of the outer space treaty. UN delegates apparently intended[according to whom?] that the moon treaty serve as a new comprehensive treaty which would supersede or supplement the outer space treaty, most notably by elaborating upon the outer space treaty's provisions regarding resource appropriation and prohibition of territorial sovereignty.[7] The moon treaty has only 13 parties however, and many consider it to be a failed treaty due to its limited acceptance.[6] India is the only nation that has both signed the moon treaty and declared itself interested in going to the moon. India has not ratified the treaty; an analysis of India's treaty law is required to understand how this affects India legally.[8]
In addition, the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water ("Partial Test Ban Treaty") banned the testing of nuclear weapons in outer space.

International principles and declarations

The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space and the settlement of disputes." [9]
The United Nations General Assembly adopted five declarations and legal principles which encourage exercising the international laws, as well as unified communication between countries. The five declarations and principles are:
  • The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)
All space exploration will be done with good intentions and is equally open to all States that comply with international law. No one nation may claim ownership of outer space or any celestial body. Activities carried out in space must abide by the international law and the nations undergoing these said activities must accept responsibility for the governmental or non-governmental agency involved. Objects launched into space are subject to their nation of belonging, including people. Objects, parts, and components discovered outside the jurisdiction of a nation will be returned upon identification. If a nation launches an object into space, they are responsible for any damages that occur internationally.
  • The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982)
Activities of this nature must be transpire in accordance with the sovereign rights of States. Said activities should "promote the free dissemination and mutual exchange of information and knowledge in cultural and scientific fields, assist in educational, social and economic development, particularly in the developing countries, enhance the qualities of life of all peoples and provide recreation with due respect to the political and cultural integrity of States." All States have equal rights to pursue these activities and must maintain responsibility for anything carried out under their boundaries of authority. States planning activities need to contact the Secretary-General of the United Nations with details of the undergoing activities.
  • The Principles Relating to Remote Sensing of the Earth from Outer Space (1986)
Fifteen principles are stated under this category. The basic understanding comes from these descriptions given by the United Nations Office for Outer Space Affairs:
(a) The term "remote sensing" means the sensing of the Earth's surface from space by making use of the properties of electromagnetic waves emitted, reflected or :diffracted by the sensed objects, for the purpose of improving natural resources management, land use and the protection of the environment;
(b) The term "primary data" means those raw data that are acquired by remote sensors borne by a space object and that are transmitted or delivered to the ground :from space by telemetry in the form of electromagnetic signals, by photographic film, magnetic tape or any other means;
(c) The term "processed data" means the products resulting from the processing of the primary data, needed to make such data usable;
(d) The term "analysed information" means the information resulting from the interpretation of processed data, inputs of data and knowledge from other sources;
(e) The term "remote sensing activities" means the operation of remote sensing space systems, primary data collection and storage stations, and activities in :processing, interpreting and disseminating the processed data.[10]
  • The Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992)
"States launching space objects with nuclear power sources on board shall endeavour to protect individuals, populations and the biosphere against radiological hazards. The design and use of space objects with nuclear power sources on board shall ensure, with a high degree of confidence, that the hazards, in foreseeable operational or accidental circumstances, are kept below acceptable levels..."
  • The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries (1996)
"States are free to determine all aspects of their participation in international cooperation in the exploration and use of outer space on an equitable and mutually acceptable basis. All States, particularly those with relevant space capabilities and with programmes for the exploration and use of outer space, should contribute to promoting and fostering international cooperation on an equitable and mutually acceptable basis. In this context, particular attention should be given to the benefit for and the interests of developing countries and countries with incipient space programmes stemming from such international cooperation conducted with countries with more advanced space capabilities. International cooperation should be conducted in the modes that are considered most effective and appropriate by the countries concerned, including, inter alia, governmental and non-governmental; commercial and non-commercial; global, multilateral, regional or bilateral; and international cooperation among countries in all levels of development."

Consensus

The United Nations Committee on the Peaceful Uses of Outer Space and its Scientific and Technical and Legal Subcommittees operate on the basis of consensus, i.e. all delegations from member States must agree on any matter, be it treaty language before it can be included in the final version of a treaty or new items on Committee/Subcommittee's agendas. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is easier to achieve consensus when language and terms are vague. In recent years, the Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement (the idea of which, though, was proposed just by a few member States). It is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.

1998 ISS agreement

In addition to the international treaties that have been negotiated at the United Nations, the nations participating in the International Space Station have entered into the 1998 Agreement among the governments of Canada, Member States of the European Space Agency, Japan, Russian Federation, and the United States of America concerning cooperation on the Civil International Space Station (the "Space Station Agreement"). This Agreement provides, among other things, that NASA is the lead agency in coordinating the member states' contributions to and activities on the space station, and that each nation has jurisdiction over its own module(s). The Agreement also provides for protection of intellectual property and procedures for criminal prosecution. This Agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars, where the first off-world colonies and scientific/industrial bases are likely to be established.[11]

National law

Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty requires parties to authorize and supervise national space activities, including the activities of non-governmental entities such as commercial and non-profit organizations. The Outer Space Treaty also incorporates the UN Charter by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as customary international law (the custom and practice of states).

The advent of commercial space activities beyond the scope of the satellite communications industry, and the development of many commercial spaceports, is leading many countries[which?] to consider how to regulate private space activities.[12] The challenge is to regulate these activities in a manner that does not hinder or preclude investment, while still ensuring that commercial activities comply with international law. The developing nations are concerned that the space faring nations will monopolize space resources.[12] However this may be resolved by simply extending the United Nations Convention on the Law of the Sea to outer space.[13]

Geostationary orbit allocation

Satellites in geostationary orbit must all occupy a single ring above the equator, approximately 35,800 km into space. The requirement to space these satellites apart means that there is a limited number of orbital "slots" available, thus only a limited number of satellites can be placed in geostationary orbit. This has led to conflict between different countries wishing access to the same orbital slots (countries at the same longitude but differing latitudes). These disputes are addressed through the ITU allocation mechanism.[14] Countries located at the Earth's equator have also asserted their legal claim to control the use of space above their territory,[15] notably in 1976, when many countries located at the Earth's equator created the Bogota Declaration, in which they asserted their legal claim to control the use of space above their territory.[16]

Future


American Society of International Law Space Interest Group 2014 Board meeting
While this field of the law is still in its infancy, it is in an era of rapid change and development. Arguably the resources of space are infinite. If commercial space transportation becomes widely available, with substantially lower launch costs, then all countries will be able to directly reap the benefits of space resources. In that situation, it seems likely that consensus will be much easier to achieve with respect to commercial development and human settlement of outer space. High costs are not the only factor preventing the economic exploitation of space: it is argued that space should be considered as a pristine environment worthy of protection and conservation, and that the legal regime for space should further protect it from being used as a resource for Earth's needs.[17][18] Debate is also focused on whether space should continue to be legally defined as part of the “common heritage of man,” and therefore unavailable for national claims, or whether its legal definition should be changed to allow private property in space.[17][19][20]

Michael Dodge, of Long Beach, Mississippi, is the first law school graduate to receive a space law certificate in the United States.[21][22] Dodge graduated from the National Center for Remote Sensing, Air and Space Law at the University of Mississippi School of Law in 2008.[23][24]

The University of Sunderland is the first UK University to offer a space law module as part of its LLB programme.[citation needed] [25]

The University of Nebraska College of Law offers the U.S.’s first and only LL.M. in space and telecommunications law.[26] Professor Frans von der Dunk, former Director of space law research at Leiden University joined the program in 2007. In addition to the LL.M., students can earn a J.D. at Nebraska Law with an emphasis in space and telecommunications law. The program also hosts three space and telecommunications conferences each year [27][full citation needed]

For more than 10 years, the University of Paris-Sud with the Institute of Space and Telecommunications Law have offered a Master's degree in Space Activities and Telecommunications Law. This Master is supported by numerous companies of space and telecommunications sectors.[28]

In August 2012, students at the University of the Pacific, McGeorge School of Law in Sacramento, California created the McGeorge Society for Space Law and Policy.[citation needed]

In September 2012, the Space Law Society (SLS) at the University of Maryland Francis King Carey School of Law was established.[29] A legal resources team united in Maryland, a "Space Science State," with Jorge Rodriguez, Lee Sampson, Patrick Gardiner, Lyra Correa and Juliana Neelbauer as SLS founding members.[30]

NASA's plans to capture an asteroid has raised questions about how space law would be applied in practice.[31]

See also

References

  1. inesap.org Peaceful Uses of Outer Space and International Law.
  2. UN website UN Resolution 1148 (XII).
  3. Google books Nuclear Weapons and Contemporary International Law N.Singh, E. WcWhinney (p.289)
  4. UN website UN Resolution 1348 (XIII).
  5. "United Nations Committee on the Peaceful Uses of Outer Space". United Nations Office for Outer Space Affairs.
  6. "Journal of Space Law". Journal of Space Law 2. 1974.
  7. "Space Law".
  8. United Nations Office for Outer Space Affairs. "United Nations Treaties and Principles on Space Law.". Retrieved 16 February 2011.
  9. "United Nations Office for Outer Space Affairs".
  10. "Space Law and Space Resources".
  11. "Space Law".
  12. Wong, Kristina. "Rumsfeld still opposes Law of Sea Treaty." The Washington Times, June 14, 2012.
  13. [1][dead link]
  14. ESA - ECSL European Centre for Space Law - Geostationary Orbit. Legal issues
  15. Thompson, J. (1996) Space for rent: the International Telecommunications Union, space law, and orbit/spectrum leasing, Journal of Air Law and Commerce, 62, 279-311
  16. Billings, L. (2006) To the Moon, Mars, and beyond: culture, law, and ethics in space-faring societies, Bulletin of Science, Technology & Society, 26(5), 430-437
  17. Lee, K. (1994) Awe and humility: intrinsic value in nature – beyond an earthbound environmental ethics, in: Attfield, R. & Belsey, A. Philosophy and the Natural Environment, Cambridge: Cambridge University Press, 89-101
  18. Fountain, L. (2003) Creating the momentum in Space: ending the paralysis produced by the “Common a Heritage of Man” doctrine, Connecticut Law Review, 35(4), 1753-1787
  19. Pop, Virgiliu (2009). Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership. Space Regulations Library. Springer. ISBN 978-1-4020-9134-6.
  20. //www.thedmonline.com/2.2838/um-space-law-only-of-its-kind-1.107176 The Daily Mississippian: UM space law only of its kind]
  21. "Deccan Herald: Beyond the blue yonder". Archived from the original on 2009-05-07.
  22. Space.com: First Space Lawyer Graduates - Posted May 8, 2008; Accessed May 13, 2008
  23. Law Graduation Includes First-Time Certificate in Space Law, Newswise, May 8, 2008
  24. "A Space Odyssey to the University Of Sunderland".
  25. // posted by Lawyer Gaga @ 6:58 PM. "Space Law Probe: Nebraska Space Law Program to Liftoff". Spacelawprobe.blogspot.com. Retrieved 2013-03-12.
  26. "Space, Cyber, and Telecommunications Law | University of Nebraska–Lincoln". Spaceandtelecomlaw.unl.edu. Retrieved 2013-03-12.
  27. "Partenaires M2 Droit des Activités Spatiales et des Télécommunications & IDEST - IDEST - Institut du Droit de l'Espace et des Télécoms". Idest-paris.org. Retrieved 2013-03-12.
  28. by P.J. Blount. "New Space Law Society | Res Communis". Rescommunis.olemiss.edu. Retrieved 2013-03-12.
  29. http://www.choosemaryland.org/industry/documents/spacefullreport.pdf
  30. David, Leonard (August 30, 2013). "Is NASA's Plan to Lasso an Asteroid Really Legal?". Space.com. Retrieved February 20, 2014.

External links

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The Naming of Mars Craters: Concerns and Considerations


Recently initiatives that capitalise on the public’s interest in space and astronomy have proliferated, some putting a price tag on naming space objects and their features, such as Mars craters. The International Astronomical Union (IAU) would like to emphasise that such initiatives go against the spirit of free and equal access to space, as well as against internationally recognised standards. Hence no purchased names can ever be used on official maps and globes. The IAU encourages the public to become involved in the naming process of space objects and their features by following the officially recognised (and free) methods. See:  Concerns and Considerations with the Naming of Mars Craters
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I am re-posting this article for further considerations to possible attempts to change the way we look at property in space.

To advance perceptions outside of the link provided and site that goes beyond the science of, I would ask that you consider the movement in Ladee. My early research on the moon's matters are of importance when colonization of the moon takes place because resources have to be used there to support the community. So the use of measure to ascertain elements is an important function of how we can utilize not only our science in the cosmos but of how we can measure those matters.

See:

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Bigelow Report to NASA emphasises the importance of property rights:
The idea of creating property rights to encourage the commercialization of space is not the first time that Bigelow has acted or spoken in favour of creating property rights in space.
 Outer Space Treaty-Article IX
 
In the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment. 

Space entrepreneur Robert Bigelow (left) discusses layout plans of the company's lunar base with Eric Haakonstad, one of the Bigelow Aerospace lead engineers.

One might want to examine Bigelow's self interest in terms of cost of mining in relation too, societal push for colonization of space(is there such a thing......consider the international treaty and what changes he wished to make.) I know I can't own a plot of land on the moon for mining

(It is) nearly impossible at this time to identify exactly what activities will sustain commercial industry on the Moon, mining of resources such as Helium-3, mining rare earth elements, or leveraging fields of solar arrays for power generation are all possibilities.”
Why property rights?

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Committee on the Peaceful Uses of Outer Space: 2014Fifty-seventh session(11-20 June 2014)

 The fifty-seven session of the Committee on the Peaceful Uses of Outer Space will be held from 11-20 June 2014 at the United Nations Office at Vienna, Vienna International Center, Vienna, Austria.


  • A/RES/68/75: General Assembly resolution on "International cooperation in the peaceful uses of outer space" (available in all official languages of the United Nations)
  • A/68/20: Report of the Committee on the Peaceful Uses of Outer Space, Fifty-sixth session (available in all official languages of the United Nations)
  • A/AC.105/1065: Report of the Scientific and Technical Subcommittee on its fifty-first session, held in Vienna from 10 to 21 February 2014 (available in all official languages of the United Nations)
  • A/AC.105/1067: Report of the Legal Subcommittee on its fifty-third session, held in Vienna from 24 March to 4 April 2014 (available in all official languages of the United Nations)
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E-ELT (European Extremely Large Telescope)



Extremely Large Telescope - Deep Sky Videos">Extremely Large Telescope - Deep Sky Videos
The E-ELT (European Extremely Large Telescope) project aims to provide European astronomers with the largest optical-infrared telescope in the world. With a diameter of 40m and incorporating a large deformable mirror, the E-ELT is expected to tackle the biggest scientific challenges of our time, and aim for a number of notable firsts, including tracking down Earth-like planets around other stars in the "habitable zones" where life could exist. It will also perform "stellar archaeology" in nearby galaxies, as well as make fundamental contributions to cosmology by measuring the properties of the first stars and galaxies and probing the nature of dark matter and dark energy. E-ELT (European Extremely Large Telescope)


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E-ELT Trailer | ESO

E-ELT Trailer | ESO

European Extremely Large Telescope
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Monday, June 23, 2014

Quantum Physics and Reality (Full Program)

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Monday, June 16, 2014

The Journey For Natural Quasicrystals

"From future structural and kinematical studies of known quasicrystals, such as AlNiCo, these principles may be established providing a new understanding of and new control over the formation and structure of quasicrystals. See: A New Paradigm for the Structure of Quasicrystals 

Read an interesting article by: Natalie Wolchover June 13, 2014 in a Article called, "In a Grain, a Glimpse of the Cosmos."  This article is located in the Quanta Magazine, by the Simons Foundation under the Physics section.



I really enjoyed the search for who supplied the original sample and from where. The journey back to the spot. Since following the subject of quasi-crystals for some time now, this journey was a nice addition to understanding the nature of matter in the early universe. This goes toward foundation, and my understanding of the work to piece together how nature sought to express itself materialistically from  Reflection_symmetry as a representation of that early universe. I might have to be corrected here.

 The concept of aperiodic crystal was coined by Erwin Schrödinger in another context with a somewhat different meaning. In his popular book What is life? in 1944, Schrödinger sought to explain how hereditary information is stored: molecules were deemed too small, amorphous solids were plainly chaotic, so it had to be a kind of crystal; as a periodic structure could not encode information, it had to be aperiodic. DNA was later discovered, and, although not crystalline, it possesses properties predicted by Schrödinger—it is a regular but aperiodic molecule. See Also, with regard to Shrodinger: A New Physics Theory of Life

Sir Roger Penrose's adaptation here of  Penrose tiling is also of some interest to me as well.
A Penrose tiling (P3) using thick and thin rhombi. Note the aperiodic structure, shared by all Penrose tilings. This particular Penrose tiling exhibits exact five-fold symmetry.


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Tuesday, June 10, 2014

A Message from your Future Self.

I know if you are a scientist this does not equate to anything of value that can be assigned by any measure. So lets be clear here. So,  other then to say,  that any move toward identifying this aspect of self, it is always present and available to our observing, as a process of introspection. If you are going to say that such time travel does not exist in that forward sense, how would/could we really know?

So while there is not much given to the attribution of any real science here, I thought,  if given to such wondering of my mind, then what would happen to the arrow of time(well nothing since there is no real science)? How would this run in contradiction too, what science has to say about it? So if your a scientist how if possible could this ever be true?



The ability of our perception to see in advance would be to have our perceptions run backward in time and to see that this Future self, has an ability to see all that forgoes in the movement forward as to the soul's progressions. Show what it will become,  if it has the ability to see backward in time and to have the ability of to move forward in time.

The elusiveness of this perception of seeing,  from another perspective is intriguing to me.  This wondering is providing some background as to where and how we can recognize that future self.  What wisdom shall flow through back to this time in my life with which to provide incentive. Which is to provide meaning and to understand what I have become,  in that future time. Here in then lies attributes of the forgetfulness as too, what any future self shall see if each segment of the time/space allotted holds "a blanket over" each space time.

I have always argued that this ability of wisdom to be in all of us, then,  takes on new meaning here as I explore the nature and thoughts about this Future self. The Future self then,  is the Higher self. While I had attributed this to the archetypes with which we create, then how does our ability of mind to use metaphorical and subjective symbols too,  "send a message" to our now.

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Monday, June 09, 2014

Video from Space : NASA's OPAL



Published on Jun 5, 2014 The Optical Payload for Lasercomm Science will beam video via laser from the International Space Station back to Earth. Here is animation showing how the technology works, with an explanation from the OPALS mission manager, Matt Abrahamson of JPL, plus the video NASA slated for OPALS' first official transmission.More information about OPALS is at: http://go.nasa.gov/10MMPDO
This animated GIF shows Earth's moon moving below NASA's OPALS laser instrument as seen by a robotic camera on the exterior of the International Space Station. Image credit: NASA/JPL-Caltech
NASA Beams 'Hello, World!' Video from Space via Laser

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Saturday, June 07, 2014

Ripples From The Big Bang



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Movie Time Travel DEBUNKED

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