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Space Law


Semesterangivelse: Forårs kursus Kurset udbydes i skemagruppe B2

 


Udgave: Jura Kandidatuddannelsen 2012/2013
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk
Point: 10
Skemagruppe: B2

Semester:

Spring
Uddannelsesdel: Kandidat niveau
Kontaktpersoner: Fagansvalig: Anders Henriksen
Andre undervisere: Visiting Professor Steven Freeland
Skema- oplysninger:  Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2012/2013
Undervisnings- periode: Every tuesday 15-18
1 day: Tuesday 5. February 2013
Formål: This course examines the underlying legal principles that regulate the use, exploration and exploitation of space, and considers how these and other principles of international law can and should apply to the many State and private commercial uses of outer space. Space law is an important area of international law and impacts on many activities affecting everyday life – including telecommunications, direct satellite broadcasts, weather forecasting, agricultural planning, mapping, remote sensing, spying and other military activities, exploration and scientific experimentation. The use and exploitation of space represents a multi-billion dollar industry. Many countries, both developed and developing, are engaged in space activities.

Recent events (for example the International Space Station, the US Missile Defence Shield, the conflict in Iraq, the internet and advanced satellite communications, the use of GPS navigation systems, disaster management, the use of satellites for intelligence gathering) illustrate the need to regulate the use of space and to determine the legal implications of current and future space activities. Important ‘new’ uses of space may soon become a reality – for example space tourism, the possibility of commercial exploitation of mineral and water resources of the Moon and elsewhere, the completion of the International Space Station and other similar permanent space vehicles and even future settlements on the Moon and beyond.

The international politics associated with outer space – often based on ideological grounds - impacts on how this international regulation can best be achieved. This is complicated by the fact that outer space has traditionally been regarded as part of the common heritage of mankind, though this is increasingly at odds with the current commercial activities, as well as the military and strategic uses of space. It is therefore necessary to understand the evolution, legal framework and organisational structures of space law, in order to comprehend the legal context in which this diverse range of activities take place and to examine the various legal ‘vacuums’ that still exist.

Objectives of the Course include:
to understand the historical evolution of the existing legal regime

  • to introduce and examine the details of the five international Treaties and the various United Nations Principles which regulate certain activities in space
  • to understand the domestic legal frameworks regarding space activities
  • to discuss the problems and ambiguities within the existing legal regime
  • to determine and analyse the legal issues raised by new uses of space for which the existing legal regime is ill-suited and how they should be addressed.
  • Indhold: Space Law covers a wide breadth of issues and the following subject areas will be addressed in the readings and in class discussions:
  • What is the legal definition of Space?
  • Why do we need a legal regime for Space?
  • UNCOPUOS (United Nations Committee on Peaceful Uses of Outer Space)
  • Space Law and Air Law compared
  • The five principal international Space Treaties:
  • (a) The Outer Space Treaty 1967
  • (b) The Rescue Agreement 1968
  • (c) The Liability Convention 1972
  • (d) The Registration Convention 1975
  • (e) The Moon Agreement 1979
  • 3. The four main United Nations General Assembly Principles:
  • (a) Direct Broadcasting Principles 1982
  • (b) Remote Sensing Principles 1986
  • (c) Nuclear Power Principles 1992
  • (d) The Developing Country Principles 1996
  • Intergovernmental Organisations – INTELSAT, INMARSAT, ITU, ESA
  • Telecommunications and the Geostationery Orbit
  • National Space Legislation
  • The Environment of Space and the Problem of Space Debris
  • The International Space Station and Space Tourism
  • The Commercialisation and Privatisation of Space
  • Financing and Insurance Aspects of Space Activities
  • Exploitation of Space Resources
  • The Needs of Developing Countries
  • Military Uses of Space
  • Resolution of Disputes in Relation to Activities in Space
  • Future Legal Regulation of Space Activities – what needs to be done?
  • Kompetence- beskrivelse: The objective of the course is to enable the students to:
    - Explain the historical evolution of the existing legal regime
    - Present the details of the five international Treaties and the various United Nations Principles which regulate certain activities in space
    - Explain the domestic legal frameworks regarding space activities
    - Discuss the problems and ambiguities within the existing legal regime
    - Analyse the legal issues raised by new uses of space for which the existing legal regime is ill-suited and how they should be addressed
    - Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a structured and coherent way.
    Eksamensform: Written without supervision (homework assignment) 3 days
    Eksamen: 30. April - 3. May 2013
    Kursus hjemmeside:
    Bemærkninger: The required text and reader is in English and all class discussions will be conducted in English. Students will be required to be able to read, speak and understand English at a reasonable academic level. The classes will involve frequent interaction between the teacher and students, and discuss the important principles in detail. It is therefore important that students attend the classes
    Pensum: 1. A reader compiled by the Teacher of recent international law journal and book articles addressing the various fundamental aspects of the Law of Outer Space
    2. I.H.Ph Diederiks-Verschoor An Introduction to Space Law (3rd ed) Kluwer, 2008 (available in the library)
    Approximately 500 pages
    Sidst redigeret: 3/4-2013



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