Space Law & Regulation

Comment

Comment by Dave Hook on May 16, 2008 at 5:02pm

Joel:

Once again, you drill right to the core of some of the basic elements of operations in space. As space flight becomes more robust, venture opportunities will most certainly grow in unanticipated ways. For this reason I think that the Space Law for Dummies concept will become a brick (perhaps not a true cornerstone, but a brick nonetheless) in the construction of international civilian spaceflight operations.

I foresee needing a section dealing with the applicability of the Laws of Admiralty in space. Will the orbiting debris from a LEO satellite destroyed by a military interdiction mission be considered orbital flotsam or more like a floating mine from a bygone war? This goes to the heart of responsibility and liability. These are issues that insurance underwriters will need to carefully consider when consulting their actuary tables for acceptable exposures...resulting in the coverages, premiums and deductibles that space entrepreneurs and their angel investors must be willing accept. Personally, I'm a big fan of the Chaos Theory analogy that says the gentle fluttering of the wings of a butterfly in China can result in a typhoon that hits the US. A little well-conceived legal "wing flapping" now could result in an operational environment that will be more favorable to our efforts. So I see your Space Law for Dummies primer as being instructional not only to entrepreneurs and investors, but also to government officials who set international legal agendas and conclude diplomatic agreements.

Comment by Joel Craig Raupe on May 2, 2008 at 6:31am

Having been persuaded to journey to the ISDC2008 conference, May 29 - June 1, I'm tempted now to go earlier that week and also attend something which, if possible, may be of more down-to-earth practicality across the Potomac, in Crystal City, or thereabouts.

And a week earlier, the FAA is holding a workshop, when will I ever get any work done?

Top of the Stack of Notes is the FAA's Commercial Space Topics page, which I should have posted earlier: New Regulations Govern Private Human Space Flight Requirements for Crew and Space Flight Participants

Comment by Joel Craig Raupe on April 25, 2008 at 5:51pm

While this is borderline when compared to the monster hurdles set before us in regulation (particularly what I'm preparing to offer for discussion about the UN's ambitions, the House Science and Technology Committee's Subcommittee on Space and Astronautics heard a lot of testimony from the Big Whigs with regard to the status of ISS, yesterday. SpaceRef.com has links, as well as the subcommittee itself at http://science.house.gov/press/PRArticle.aspx?NewsID=2167. More on that, anon.

Meanwhile, national and international law of Space has had me with my nose in the books this week, looking into two or three subjects worth tossing ideas around.

For decades, for example, the whole State of Kansas was dry. When TWA flew cross continental, they literally had to quite serving drinks as soon as they entered "Kansas airspace."

Yup. Hard to believe, but it does get you thinking, doesn't it? It's better than dwelling on your orbital path over a hostile nation with a talent for ASATs, or how to avoid flying too high through the South Atlantic Anomoly.

More to come, as soon as they let me out of the Legislative Library.

Comment by Joel Craig Raupe on April 18, 2008 at 5:06am

Also from UNOOSA, an over-burdensome list of Space Law links, which might be worth your attention is available HERE.

Even so, the PREMIER prepared by Ms. Schroeder is an excellent place to begin to get put your periscope up into reality from the American perspective. You already had a lot your plate, if, like me, you were hoping to get by on the Yugo to break orbit, without the Cadillac budget.

Mostly, it's just homework, and you already knew you were going to need gobs of OPM. And if you expect to use that OPM, you had better know more about the liability and regulatory environment than your banker.

(And you thought 9 minutes at high gee, and the math were your greatest challenge.)

Like it or not, nearly every nation on the planet feels it has a "compelling state interest" in, let's face it, "intercontinental ballistic missiles." This is as important to understand as getting out of this gravity well and up to orbital speed at the right angle and inclination.

Respect the natives, Pilgrim, or they might not let us off "their island."

Comment by Joel Craig Raupe on April 18, 2008 at 4:48am

As a PREMIER, allow me to recommend a PowerPoint (tm) presentation prepared by Ms. Franceska Schroeder, Legal Counsel for the American Astronautical Society for the United Nations Office of Outer Space Affairs. Fortunately, the UNOOSA (snicker) has saved the this informative quick glance at the Regulatory environment, particularly for Americans, in an Adobe (tm) Reader (*.pdf) file at the following URL: http://www.unoosa.org/pdf/pres/lsc2008/pres-01.pdf

It's worth the download, to keep it handy, even if it does weigh in at a hefty 22 megs.