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Author: Samuel Chuks Japhets Publisher: ISBN: Category : Space mining Languages : en Pages : 0
Book Description
The outer space territory and celestial bodies are unfathomably rich in strategic mineral resources worth trillions of dollars such as water ice, helium-3, platinum, iron, cobalt, and ammonia. These space resources, distinct from their space territorial and celestial bodies loci, need to be located, characterized, captured, processed, concentrated, and transported to points of use in-situ or on Earth by capable state and private space investors, stakeholders, or national agencies, for private benefits. Investors in this embryonic space mining industry need legal certainty and predictability under unambiguous legal and policy frameworks that guarantee property interests over extracted minerals. The Problem is that space mining activity is not expressly accounted for in the governing outer space law, therefore dueling legal theories abound on the legality of space mining. These notions include strict “Non-Appropriation,” permissible competitive appropriations, and conflict-oriented nationalist exclusive / imperial colonization theories. However, this research study finds that under the better, more coherent, and plausible legal interpretation of the “Non-Appropriation” principle, there is no inherent incompatibility between the terra/res communis omnium philosophical basis of Article II, 1967 OST, and the res nullius policy framework of Title IV, U.S. 2015 Space Act. This qualitative research study examined, catalogued, interpreted, and analyzed an exhaustive compendium of empirical and theoretical extant documentary data of outer space Regimes Theory literature, through the lens of a politico-philosophical and legal-historical perspectives. The study used Glaser and Strauss’ (1967) Grounded Theory methodology, in a rigorous comparative inductive analysis of the themes, concepts, and theoretical frameworks inherent in the primary and secondary data of space law and policy. The overarching theory is that Article II, 1967 OST and Title IV, U.S. 2015 Space Act can straightforwardly be harmonized. Thus the U.S. does not need to unilaterally modify the 1967 OST, withdraw from its tenets, or embark on a unilateral imperial colonization of outer space and celestial bodies in order to implement and actualize the policy goals of Title IV, Sec. 51301-03, U.S. 2015 Space Act. On this basis therefore this study adds two novelties to the study of space mining law and policy: first, this research study proposes that contemporary theoretical constructs and the theorists of space mining law and policy are best understood when structured in accordance with their underlying dominant ideological spectrum as done in this study; and second, in addition to theories of implicit presence and legal historical analysis of the travaux preparatoires of international space law, the legitimacy of Title IV is best defended principally on the 1927 “Lotus” principle due to the explicit silence of space mining policy in the body of general international law and its cognate internat
Author: Samuel Chuks Japhets Publisher: ISBN: Category : Space mining Languages : en Pages : 0
Book Description
The outer space territory and celestial bodies are unfathomably rich in strategic mineral resources worth trillions of dollars such as water ice, helium-3, platinum, iron, cobalt, and ammonia. These space resources, distinct from their space territorial and celestial bodies loci, need to be located, characterized, captured, processed, concentrated, and transported to points of use in-situ or on Earth by capable state and private space investors, stakeholders, or national agencies, for private benefits. Investors in this embryonic space mining industry need legal certainty and predictability under unambiguous legal and policy frameworks that guarantee property interests over extracted minerals. The Problem is that space mining activity is not expressly accounted for in the governing outer space law, therefore dueling legal theories abound on the legality of space mining. These notions include strict “Non-Appropriation,” permissible competitive appropriations, and conflict-oriented nationalist exclusive / imperial colonization theories. However, this research study finds that under the better, more coherent, and plausible legal interpretation of the “Non-Appropriation” principle, there is no inherent incompatibility between the terra/res communis omnium philosophical basis of Article II, 1967 OST, and the res nullius policy framework of Title IV, U.S. 2015 Space Act. This qualitative research study examined, catalogued, interpreted, and analyzed an exhaustive compendium of empirical and theoretical extant documentary data of outer space Regimes Theory literature, through the lens of a politico-philosophical and legal-historical perspectives. The study used Glaser and Strauss’ (1967) Grounded Theory methodology, in a rigorous comparative inductive analysis of the themes, concepts, and theoretical frameworks inherent in the primary and secondary data of space law and policy. The overarching theory is that Article II, 1967 OST and Title IV, U.S. 2015 Space Act can straightforwardly be harmonized. Thus the U.S. does not need to unilaterally modify the 1967 OST, withdraw from its tenets, or embark on a unilateral imperial colonization of outer space and celestial bodies in order to implement and actualize the policy goals of Title IV, Sec. 51301-03, U.S. 2015 Space Act. On this basis therefore this study adds two novelties to the study of space mining law and policy: first, this research study proposes that contemporary theoretical constructs and the theorists of space mining law and policy are best understood when structured in accordance with their underlying dominant ideological spectrum as done in this study; and second, in addition to theories of implicit presence and legal historical analysis of the travaux preparatoires of international space law, the legitimacy of Title IV is best defended principally on the 1927 “Lotus” principle due to the explicit silence of space mining policy in the body of general international law and its cognate internat
Author: Virgiliu Pop Publisher: Springer Science & Business Media ISBN: 1402091354 Category : Science Languages : en Pages : 183
Book Description
This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.
Author: Ricky Lee Publisher: Springer Science & Business Media ISBN: 9400720394 Category : Law Languages : en Pages : 397
Book Description
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
Author: Jorge E. Viñuales Publisher: Cambridge University Press ISBN: 1108662307 Category : Law Languages : en Pages : 1047
Book Description
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author: David M. Lantigua Publisher: Cambridge University Press ISBN: 1108498264 Category : Law Languages : en Pages : 373
Book Description
Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.
Author: Ram S. Jakhu Publisher: Springer ISBN: 3319543644 Category : Political Science Languages : en Pages : 784
Book Description
This book is based on the findings, conclusions and recommendations of the Global Space Governance study commissioned by the 2014 Montreal Declaration that called upon civil society, academics, governments, the private sector, and other stakeholders to undertake an international interdisciplinary study. The study took three years to complete. It examines the drivers of space regulations and standards, key regulatory problems, and especially addresses possible improvements in global space governance. The world's leading experts led the drafting of chapters, with input from academics and knowledgeable professionals in the public and private sectors, intergovernmental organizations, and nongovernmental organizations from all the regions of the world with over 80 total participants. This book and areas identified for priority action are to be presented to the UN Committee on the Peaceful Uses of Outer Space and it is hoped will be considered directly or indirectly at the UNISPACE+50 event in Vienna, Austria, in 2018. The report, a collective work of all the contributors, includes objective analysis and frank statements expressed without pressure of political, national, and occupational concerns or interest. It is peer-reviewed and carefully edited to ensure its accuracy, preciseness, and readability. It is expected that the study and derivative recommendations will form the basis for deliberations and decisions at international conferences and meetings around the world on the theme of global space governance. This will hopefully include future discussion at the UN Committee on the Peaceful Uses of Outer Space.
Author: John O. Ward Publisher: BRILL ISBN: 9004368078 Category : Literary Criticism Languages : en Pages : 724
Book Description
Classical Rhetoric in the Middle Ages: The Medieval Rhetors and Their Art 400-1300, with Manuscript Survey to 1500 CE is a completely updated version of John Ward’s much-used doctoral thesis of 1972, and is the definitive treatment of this fundamental aspect of medieval and rhetorical culture.
Author: Stefan Kuks Publisher: Springer Science & Business Media ISBN: 9781402024832 Category : Technology & Engineering Languages : en Pages : 388
Book Description
All over the world countries struggle with water stress. Problems vary from water scarcity and a degrading water quality, to floods and a rising sea level due to climate change. The European Union adopted a Water Framework Directive to improve the sustainability of water management in its member states. Water management should be coordinated at the level of river basins as a whole. Interests of various user groups should be better represented. River basin visions should take into account the impact of all human activities on the status of the resource. Water legislation needs streamlining and more focus on its implementation. The European Union advocates regulating water prices by charging the costs of water services on the basis of full cost recovery and the polluter pays principle. This book examines the development of water management in the Netherlands, Belgium, France, Spain, Italy and Switzerland. It is based on the European research project EUWARENESS. The authors apply a theoretical framework for the analysis of institutional regimes, water governance and property rights. The evolution of national water resource regimes is described over a period of almost 200 years (1800-2000). The long-term perspective enables the reader to see the conditions under which regime transformation and paradigm change are made possible. The book also includes a critical analysis of policy making by the European Union, and a comparative review and analysis of regime development in the six countries involved. This book is followed by another volume published with Kluwer Academic Publishers on "Integrated Governance and Water Basin Management", edited by Hans Bressers and Stefan Kuks.
Author: Martti Koskenniemi Publisher: Cambridge University Press ISBN: 1009038206 Category : Law Languages : en Pages : 1127
Book Description
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.
Author: Samuel Chuks Japhets
Author: Samuel Chuks Japhets
Author: Betzy Marie Ellingsen Tunold
Author: Virgiliu Pop
Author: Ricky Lee
Author: Jorge E. Viñuales
Author: David M. Lantigua
Author: Ram S. Jakhu
Author: John O. Ward
Author: Stefan Kuks
Author: Martti Koskenniemi