TY - CHAP

T1 - The impact of growth markets in the downstream sector

T2 - 66th International Astronautical Congress 2015

AU - Smith, Lesley Jane

N1 - Conference code: 66

PY - 2015

Y1 - 2015

N2 - The downstream sector, as it develops further, is casting clearer light on legal issues surrounding the demarcation between space-based and terrestrial services, particularly in relation to connectivity and outage. Loss of connectivity may have a variety of causes; it can be the result of natural or debrisinduced interference. Other potential occurrences are frequency interference, jamming, hacking and black-outs. Interruptions in service can lead to errors in data monitoring and collection. The loss of signal in space (SiS) is not an issue governed by classic space law under the international treaties; the treaties focus on impact-related damage, and have a victim-orientated character. Their provisions are less suited for non-core space activities such as the downstream sector provides; physical damage to or from a space object does not generally occur at that level, unless collision or debris-based. The legal position remains a subject of much discussion; it is also linked to space traffic management (STM); in the absence of binding STM rules, fault and allocation of liability remains a toothless tiger for negligence based damage in outer space. This paper looks at the increasingly important service level agreement (SLA) regulating the delivery of downstream services. It emphasises the need for greater perception about the demarcation of duties relating to space and non-space based services, as well as precision in the term 'user'; it also looks at the interaction between service level agreements (SLA) and general rules of law. With integrated satbased navigation/communication apps on the increase, and the resort to liability disclaimers and waivers, the question of who ultimately remains responsible, if not liable, for ensuring connectivity despite interference continues to remain relevant.

AB - The downstream sector, as it develops further, is casting clearer light on legal issues surrounding the demarcation between space-based and terrestrial services, particularly in relation to connectivity and outage. Loss of connectivity may have a variety of causes; it can be the result of natural or debrisinduced interference. Other potential occurrences are frequency interference, jamming, hacking and black-outs. Interruptions in service can lead to errors in data monitoring and collection. The loss of signal in space (SiS) is not an issue governed by classic space law under the international treaties; the treaties focus on impact-related damage, and have a victim-orientated character. Their provisions are less suited for non-core space activities such as the downstream sector provides; physical damage to or from a space object does not generally occur at that level, unless collision or debris-based. The legal position remains a subject of much discussion; it is also linked to space traffic management (STM); in the absence of binding STM rules, fault and allocation of liability remains a toothless tiger for negligence based damage in outer space. This paper looks at the increasingly important service level agreement (SLA) regulating the delivery of downstream services. It emphasises the need for greater perception about the demarcation of duties relating to space and non-space based services, as well as precision in the term 'user'; it also looks at the interaction between service level agreements (SLA) and general rules of law. With integrated satbased navigation/communication apps on the increase, and the resort to liability disclaimers and waivers, the question of who ultimately remains responsible, if not liable, for ensuring connectivity despite interference continues to remain relevant.

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=84992151555&partnerID=8YFLogxK

M3 - Article in conference proceedings

AN - SCOPUS:84992151555

SN - 978-151081893-4

T3 - Proceedings of the International Astronautical Congress, IAC

SP - 12099

EP - 12104

BT - 66th International Astronautical Congress 2015

PB - International Astronautical Foundation IAF

Y2 - 12 October 2015 through 16 October 2015

ER -