Space law further study
Books and other sources in relation to the law of property rights in outer space
Sources and references to support a study of outer space law and, in particular, rights to property in space. A list of relevant primary sources: legislation, treaties and case law, follows an extensive list of secondary sources.
This list supports articles on space law and property rights and is taken from the bibliography of an Open University Master of Laws (LL.M) dissertation, Law and property rights in outer space: Celestial bodies and natural resources
Baca, K.A. (1993), ‘Property Rights in Outer Space’, 58 J. Air L. & Com. 1041
Bartie, S. (2010), ‘The lingering core of legal scholarship’, Legal studies: the journal of the society of legal scholars.
Bloomberg (8/3/2018), The Massive Prize Luring Miners to the Stars, https://www.bloomberg.com/graphics/2018-asteroid-mining/ (viewed June 2018)
Cheng, B.(1997), Studies in International Space Law, Oxford University Press, Oxford
Colorado School of Mines, ‘Mines plans launch of Space Resources graduate program’, http://www.minesnewsroom.com/news/mines-plans-launch-space-resources-graduate-program (viewed August 2018).
Cooper, J.C.C. (1952), Roman Law and the Maxim Cujus Est Solum in International Air Law’, McGill Law Journal, 1:Issue 1 (Autumn), pp. 23-65
Dalrymple, D.(2002), ‘Scientific Knowledge as a Global Public Good: Contributions to Innovation and the Economy,’ symposium paper published in National Research Council and others, The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a Symposium, National Academies Press, 2003.
Deep Space Industries (Press Release 25/11/2015), ‘U.S. Makes Space History: President Obama Signs Law Enabling Commercial Exploration and Use of Space Resources,’ http://deepspaceindustries.com/u-s-makes-space-history/ (viewed June 2018).
De Man, P. (2016), Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation, Springer International Publishing, Switzerland’
De Man, P. (2017), Luxembourg’s law on space resources rests on a contentious relationship with international framework, unpublished article, http://thespacereview.com/article/3355/1 (viewed August 2018).
Fédération Aéronautique Internationale, https://www.fai.org/page/icare-boundary , (viewed July 2018).
Hague Space Resources Governance Working Group (2017), the draft building blocks for the development of an international framework on space resource activities, http://media.leidenuniv.nl/legacy/draft-building-blocks.pdf (viewed September 2018).
Harner, M.M., Cantone, J.A.,‘Is Legal Scholarship Out of Touch? An Empirical Analysis of the Use of Scholarship in Business Law Cases’ 19 U. Miami Bus. L. Rev. 1.
Hayabusa2 mission website http://www.hayabusa2.jaxa.jp/en/ (viewed August 2018)
International Court of Justice Pending cases, http://www.icj-cij.org/en/pending-cases (viewed 07/07/2018)
International Court of Justice (1996), ‘Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion,’ ICJ Reports 1996, p.226
International Telecommunication Union (ITU), https://www.itu.int (viewed July 2018)
Jankowitsch, P. (2015), ‘The background and history of space law,’ in Von der Dunk & Tronchetti (2015) below.
Jessup, P.C., Taubenfeld, H.J. (1959), Controls for outer space, Columbia University Press, New York and London (OUP).
Johnson, C.D. (2015), ‘Reality and clarity in understanding the prohibition on national appropriation in article II of the Outer Space Treaty,’ IAC-15-D4.3.13, presented at the 66th International Astronautical Congress, Jerusalem, Israel. Oct 12, 2015.
Kleiman, M. (2013), The little book of space law, American Bar Association, Chicago
Lachs, M. (1972), Law of Outer Space: An Experience in Contemporary Law Making, Springer, Berne
Lewis, J., S. (1997), Mining The Sky: Untold Riches From The Asteroids, Comets, and Planets, Perseus Books, New York.
Luxembourg, Opinion of the Conseil d’État, 7 April 2017, https://conseil-etat.public.lu/dam-assets/fr/avis/2017/07042017/51987.pdf (viewed August 2018).
Lyall F., Larsen, P.B. (2018), Space law: a treatise, 2nd ed., Routledge, Oxford and New York.
Mandl, V. (1932), Das weltraum-recht. Ein problem der raumfahrt, (Outer space law: A problem of astronautics). NASA translation 1984, NASA-TM-77760, NAS 1.15:77760. Downloaded from https://ntrs.nasa.gov/search.jsp?R=19850008388 (viewed February 2018).
Mars One Roadmap, https://www.mars-one.com/mission/roadmap, viewed July 2018.
Mickelson, K. (2014), ‘The maps of international law: perceptions of nature in the classification of territory,’ Leiden Journal of International Law, 27(3).
NASA (National Aeronautics and Space Administration) Astromaterials Acquisition and Curation Office, Lunar Rocks and Soils from Apollo Missions, https://curator.jsc.nasa.gov/lunar/ viewed August 2018.
NASA: Basics of Space Flight,1:5, Planetary Orbits https://solarsystem.nasa.gov/basics/chapter5-1/ (viewed September 2018).
NASA-ISRU online, https://www.nasa.gov/isru (viewed July 2018).
NASA: NEAR Shoemaker mission website https://solarsystem.nasa.gov/missions/near-shoemaker/in-depth/ (viewed August 2018).
NASA: OSIRIS-REx Begins Asteroid Operations Campaign, 24/8/2018, https://www.nasa.gov/feature/goddard/2018/nasas-osiris-rex-begins-asteroid-operations-campaign (viewed August 2018).
NASA: SpaceX Dragon Launches, Arrivals and Departures, https://www.nasa.gov/feature/spacex-dragon-launches-arrivals-and-departures, (viewed August 2018).
National Academies of Sciences, Engineering, and Medicine, The International Geophysical Year: http://www.nas.edu/history/igy (viewed June 2018).
New York Times Archives, 1995, p001024, https://www.nytimes.com/1995/12/02/nyregion/fbi-revisits-earthly-theft-of-moon-rock.html?pagewanted=all viewed (viewed August 2018).
Panesar, S. (2000), ‘Theories of private property in modern property law.’ Denning Law Journal, 15: 113-138.
Pioneering the space frontier, the report of the National Commission on Space (1986), Bantam Books, Toronto, New York, London, Sydney, Aukland.
Piszkiewicz, D. (1995), The Nazi rocketeers: dreams of space and crimes of war, Praeger, Westport CT.
Planetary Resources Press Release (24/4/2012), ‘Asteroid Mining Plans Revealed By Planetary Resources, Inc.’ https://www.planetaryresources.com/2012/04/asteroid-mining-plans-revealed-by-planetary-resources-inc/ (viewed June 2018).
Planetary Resources Press Release (25/11/2015) https://www.planetaryresources.com/2015/11/president-obama-signs-bill-recognizing-asteroid-resource-property-rights-into-law/ (viewed June 2018).
Pop, V., (2000), ‘Appropriation in outer space: the relationship between land ownership and sovereignty on the celestial bodies,’ Space Policy 16
Pop, V., (2008), Who Owns the Moon? Extraterrestrial Aspects of Land and Mineral Resources Ownership, Springer, Berne
Raclin, G., C. (1986) From Ice to Ether: The Adoption of a Regime to Govern Resource Exploitation in Outer Space, 7 Nw. J. Int'l L. & Bus. 727.
Rapp, D. (2018), Use of Extraterrestrial Resources for Human Space Missions to Moon or Mars, (2nd edn) Springer Praxis, Berlin
Rothwell D.R., Stephens, T. (2016), The International Law of the Sea, Hart Publishing, Oxford and Portland, Oregon.
Su, J., (2017), ‘Legality of unilateral exploitation of space resources under international law’, International & Comparative Law Quarterly 66(4)
Tennen, L. I. (2016), ‘Enterprise Rights and the Legal Regime for Exploitation of Outer Space Resources’, 47(2) The U of Pac L Rev 281
The Open University (2013) W800: ‘Introduction to research methods’, Research Companion, Milton Keynes, The Open University.
The Space Foundation (2017), The Space Report 2017: The Authoritative Guide to Global Space Activity, https://www.spacefoundation.org/news/space-foundation-report-reveals-global-space-economy-329-billion-2016 (viewed August 2018).
Tronchetti, F., (2015), ‘The Space Resource Exploration and Utilization Act: A move forward or a step back?,’ Space Policy 34.
UN Committee on the Peaceful Uses of Outer Space (2016) Report of the Legal Subcommittee, 55th session, April 2016, A/AC/.105/1113
UN Committee on the Peaceful Uses of Outer Space (2018) Report of the Legal Subcommittee April 2018, A/AC/.105/1177
UN Office of Outer Space Affairs, Online Index of Objects Launched into Outer Space http://www.unoosa.org/oosa/osoindex/search-ng.jspx?lf_id= (viewed September 2018)
UN Office of Outer Space Affairs, Space collection on national space laws http://www.unoosa.org/oosa/en/ourwork/spacelaw/nationalspacelaw/index.html (viewed July 2018)
UN Office of Outer Space Affairs, Space Law Treaties and Principles, http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html (viewed September 2018)
UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) Legal Subcommittee, Report of the April 2018 session (A/AC.105/1177)
Virgin Galactic, https://www.virgingalactic.com (viewed August 2018).
Von der Dunk, F., Tronchetti, F. (2015), Handbook of space law, Edward Elgar Publishing, pbk. ed. 2017, Cheltenham, Gloucestershire and Northampton, Massachusetts
Von Der Dunk, F. (2017), ‘Private Property Rights and the Public Interest in Exploration of Outer Space’, Biological Theory 4 July 2017.
Wallace, J.M., Hobbs, P.V. (2006), Atmospheric Science: An Introductory Survey, 2nd edition, Academic Press, Amsterdam, Boston and London
Legislation
Act on Space Activities (63/2018) (Finland), English translation
Loi du 20 juillet 2017 sur l’exploration et l’utilisation des ressources de l’espace (Luxembourg), English translation at: https://goo.gl/yVC63U (viewed July 2018).
Space Industry Act (UK), 2018
Telecommunications Act (UK), 2003,
U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), H.R.2262
Treaties, conventions and international agreements
Agreement Between the Government of Australia and the Government of the Federal Republic of Germany Concerning the Landing and Recovery of a Space Capsule in Australia. (Viewed at: http://www3.austlii.edu.au/au/other/dfat/treaties/1995/10.html July 2018).
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement), 1979
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (Rescue Agreement), 1967
Antarctic Treaty, 1959
Antarctic Treaty: Protocol on Environmental Protection to the Antarctic Treaty (Environmental Protocol or Madrid Protocol) - agreed in 1991 and came into force in 1998, once it had been ratified by all 26 (currently 28) Antarctic Treaty Consultative Parties (ATCPs).
Berne Convention for the Protection of Literary and Artistic Works, 1886.
Constitution and Convention of the International Telecommunication Union, 1992.
Convention on International Civil Aviation (Chicago Convention), 1944.
Convention on International Liability for Damage Caused by Space Objects (Liability Convention), 1972
Convention on Registration of Objects Launched into Outer Space (Registration Convention), 1976
Convention Relating to the Regulation of Aerial Navigation (Paris Convention), 1919.
ISS Intergovernmental Agreement (IGA), 1998
Treaty banning nuclear weapon tests in the atmosphere, in outer space and under water (Partial Test Ban Treaty), 1963
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty), 1967.
Treaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen (Spitsbergen Treaty), 1920
United Nations Convention on the Law of the Sea (UNCLOS), 1982
Vienna Convention on the Law of Treaties (Vienna Convention), 1969
UN General Assembly resolutions
1348 (XIII), 1958, Question of the Peaceful Use of Outer Space
1721 (XVI), 1961, International co-operation in the peaceful uses of outer space
1962, (XVIII), 1963, Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space
Case law
Nemitz (Gregory, William) vs. The United States of America, The United States Department of State, National Aeronautics and Space Administration, US District Court, District of Nevada, 26 April 2004
This image shows the moment in 1975 when, for the first time, a US Astronaut shakes hands with a Soviet Russian cosmonaut in a joint space mission. On July 17, 1975, as part of the Apollo-Soyuz Test Project, Apollo Commander Thomas Stafford and Soyuz Commander Alexey Leonov shook hands through the open hatch of the docking module, watched by a global television audience. The culmination of months of planning and training, the docking began some 47 hours of docked operations in orbit. The photo was reproduced from a frame of 16mm cine film. Image: NASA
About the Creator
Raymond G. Taylor
Author living in Kent, England. Writer of short stories and poems in a wide range of genres, forms and styles. A non-fiction writer for 40+ years. Subjects include art, history, science, business, law, and the human condition.
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Comments (1)
What a list of references you collected for your dissertation. The last paragraph you wrote with the photo for I remember seeing that on the news, but in July 1975 was slowly preparing to enter the sixth grade and was just having fun with my friends.