The nortvis of behaviour in space: Our space - Whose rules?

Lesley Jane Smith

The nortvis of behaviour in space: Our space - Whose rules?

Research output: Journal contributions › Conference article in journal › Research

Standard

The nortvis of behaviour in space: Our space - Whose rules? / Smith, Lesley Jane.
In: JBIS: Journal of the British Interplanetary Society, Vol. 71, No. 11, 11.2018, p. 431-436.

Research output: Journal contributions › Conference article in journal › Research

Bibtex

@article{eaa81691898e4b4bba184cfbe9f1a164,

title = "The nortvis of behaviour in space: Our space - Whose rules?",

abstract = "Among the many challenges outer space activities face today, two are worth mentioning, particularly from the perspective of {"}norms of behaviour{"}; firstly, how to transpose complex, non-binding rules of {"}post-treaty{"} soft law onto those involved in outer space activities? Secondly, how to measure the resilience of national authorities in complying with their international space treaty obligations, should their national stakeholders and actors fail to comply with the {"}soft-law{"} rules? The increasingly {"}soft law{"} requirements for participation in space activities may, paradoxically, drive the call for enforcement of black letter rules one step further. In space, given the urgency posed by debris in LEO, the best practice responses must become evident in the shorter term. Most importantly, the accountability of states for overseeing the enforcement of soft-law rules could assume a central {"}best{"} regulator role; these norms could be made legally enforceable at national level, with further scope for recognition as international state obligations which, when breached, may result in state responsibility for wrongful acts. This perspective is a challenge for legal theory and practice alike. If states have to apply soft law rules in managing their risk-benefit analysis, can they also be called to account for failure to ensure their enforcement? With many states currently reviewing their national licensing mechanisms and considering involvement in overarching efforts relating to space traffic management (STM), enforcing soft law at national level could be a useful tool if combined with further economic instruments that foster sustainability.",

keywords = "Law, Space Law, Space Treaty Law, Soft Law, UN Long term Sustainability Guidelines, Outer Space Treaty, Compliance, ISO, Catalogue of standards for National Space Laws, Compliance, Governance in Outer Space, ISO Post-mission Disposal Norms, Liability, National Space Law, Outer Space Treaty, Soft Law, Space Situational Awareness (SSAl), Space Traffic Management [STM], Space Treaty Law, State Responsibility, UN Long term Sustainability Guidelines (LTS Guidelines)",

author = "Smith, {Lesley Jane}",

year = "2018",

month = nov,

language = "English",

volume = "71",

pages = "431--436",

journal = "JBIS: Journal of the British Interplanetary Society",

issn = "0007-084X",

publisher = "British Interplanetary Society",

number = "11",

}

RIS

TY - JOUR

T1 - The nortvis of behaviour in space

T2 - Our space - Whose rules?

AU - Smith, Lesley Jane

PY - 2018/11

Y1 - 2018/11

N2 - Among the many challenges outer space activities face today, two are worth mentioning, particularly from the perspective of "norms of behaviour"; firstly, how to transpose complex, non-binding rules of "post-treaty" soft law onto those involved in outer space activities? Secondly, how to measure the resilience of national authorities in complying with their international space treaty obligations, should their national stakeholders and actors fail to comply with the "soft-law" rules? The increasingly "soft law" requirements for participation in space activities may, paradoxically, drive the call for enforcement of black letter rules one step further. In space, given the urgency posed by debris in LEO, the best practice responses must become evident in the shorter term. Most importantly, the accountability of states for overseeing the enforcement of soft-law rules could assume a central "best" regulator role; these norms could be made legally enforceable at national level, with further scope for recognition as international state obligations which, when breached, may result in state responsibility for wrongful acts. This perspective is a challenge for legal theory and practice alike. If states have to apply soft law rules in managing their risk-benefit analysis, can they also be called to account for failure to ensure their enforcement? With many states currently reviewing their national licensing mechanisms and considering involvement in overarching efforts relating to space traffic management (STM), enforcing soft law at national level could be a useful tool if combined with further economic instruments that foster sustainability.

AB - Among the many challenges outer space activities face today, two are worth mentioning, particularly from the perspective of "norms of behaviour"; firstly, how to transpose complex, non-binding rules of "post-treaty" soft law onto those involved in outer space activities? Secondly, how to measure the resilience of national authorities in complying with their international space treaty obligations, should their national stakeholders and actors fail to comply with the "soft-law" rules? The increasingly "soft law" requirements for participation in space activities may, paradoxically, drive the call for enforcement of black letter rules one step further. In space, given the urgency posed by debris in LEO, the best practice responses must become evident in the shorter term. Most importantly, the accountability of states for overseeing the enforcement of soft-law rules could assume a central "best" regulator role; these norms could be made legally enforceable at national level, with further scope for recognition as international state obligations which, when breached, may result in state responsibility for wrongful acts. This perspective is a challenge for legal theory and practice alike. If states have to apply soft law rules in managing their risk-benefit analysis, can they also be called to account for failure to ensure their enforcement? With many states currently reviewing their national licensing mechanisms and considering involvement in overarching efforts relating to space traffic management (STM), enforcing soft law at national level could be a useful tool if combined with further economic instruments that foster sustainability.

KW - Law

KW - Space Law

KW - Space Treaty Law

KW - Soft Law

KW - UN Long term Sustainability Guidelines

KW - Outer Space Treaty

KW - Compliance

KW - ISO

KW - Catalogue of standards for National Space Laws

KW - Compliance

KW - Governance in Outer Space

KW - ISO Post-mission Disposal Norms

KW - Liability

KW - National Space Law

KW - Outer Space Treaty

KW - Soft Law

KW - Space Situational Awareness (SSAl)

KW - Space Traffic Management [STM]

KW - Space Treaty Law

KW - State Responsibility

KW - UN Long term Sustainability Guidelines (LTS Guidelines)

UR - http://www.scopus.com/inward/record.url?scp=85063038326&partnerID=8YFLogxK

M3 - Conference article in journal

VL - 71

SP - 431

EP - 436

JO - JBIS: Journal of the British Interplanetary Society

JF - JBIS: Journal of the British Interplanetary Society

SN - 0007-084X

IS - 11

ER -

Other publications by the same author(s)

Introduction

Smith, L. J., Baumann, I. & Wintermuth, S-G., 09.06.2023, Routledge Handbook of Commercial Space Law. Smith, L. J., Baumann, I. & Wintermuth, S-G. (eds.). Taylor and Francis Inc., 2 p.

Research output: Contributions to collected editions/works › Other › Research

Legislating for spaceports, commercial space markets, and space tourism

Smith, L. J., Leishman, R. & Thompson, A., 09.06.2023, Routledge Handbook of Commercial Space Law. Smith, L. J., Baumann, I. & Wintermuth, S-G. (eds.). Taylor and Francis Inc., p. 361-382 22 p.

Research output: Contributions to collected editions/works › Chapter › peer-review

Towards space traffic management

Krag, H. & Smith, L. J., 09.06.2023, Routledge Handbook of Commercial Space Law. Smith, L. J., Baumann, I. & Wintermuth, S-G. (eds.). Taylor and Francis Inc., p. 453-466 14 p.

Research output: Contributions to collected editions/works › Chapter › peer-review

Parameters, concepts and the terminology of outer space law: a review of the essential facilities served by outer space activities and the rules of interpretation for treaty law and soft law guidelines.

Smith, L. J. & Blawat, T., 2023, (Accepted/In press) 73rd International Astronautical Congress 2022, Paris.: International Institute of Space Law, IISL, Colloquium of the Law of Outer space, . Eleven International Publishing, Vol. 2022. 8 p. (Proceedings of the International Astronautical Congress, IAC).

Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review

Convergence and privatisation in Telecommunications «Regulation of access to limited resources in telecommunications sector in Europe»

Smith, L. J. & Levy, K., 10.2005, International Astronautical Federation - 56th International Astronautical Congress 2005. International Astronautical Federation, IAF, p. 7157-7166 10 p.

Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review