Space Law and Policy Course (CPD) Completed May 2014

Tuesday, June 24th, 2014

The 2014 Space Law and Policy Course for practitioners, civil servants, academics and space sector professionals took place in London during May 2014.  A wide range of delegates participated in the lectures, discussions and case studies, resulting in a stimulating series of meetings over three days.  Comments following the course uniformly praised the content, presentation and range of material covered.  “Very rewarding and enriching!”  “I was most interested to listen to people around me with extensive expertise as well as the speakers.”  “I very much enjoyed the course and the friendly atmosphere.  Every speaker was helpful and an expert in their domain.”  “The quality of the course and information was outstanding.”

Prospectus

The Course comprised lectures and interactive case studies. Participants had access to the IALS Law Library during the course. Those considering a post-graduate degree at ISPL were able to informally discuss their interest with the Director.

The Course provided an introduction to:

• The space environment and space technology

• Orbits, their characteristics and management, and types of spacecraft

• Spectrum management

• The law governing space activities: principles & sources of space law, including conventions and treaties, national law and policies

• Comparison between space law and other legal regimes: Antarctic, maritime and air law

• Peaceful use of space, military activities & arms control

• Sovereignty

• Property rights

• Risk, liability and insurance

• The law as relates to specific applications: telecommunications and broadcasting, remote sensing, scientific experiment and exploration, manned activities including the International Space Station, unmanned activities

• Space policy and the institutions that implement them

The Course was intended for policy-makers, legal professionals, space sector executives and engineers, officials of government and international bodies, academics and post-graduate degree candidates.

The course was designed to be accessible to those in legal, technical or business training or employment. Previous knowledge of law or policy was not required. It was particularly appropriate for those working in the space sector who wished to increase their knowledge of the current legal and policy framework, in order to take full advantage of the available opportunities and to create new ones.

The Course was intended for a variety of individuals.

• Satellite manufacturing or operation team members seeking an understanding of legal issues relating to design, manufacture or provision of space products and services

• Law, business and technology post-graduate students interested in the field

• Insurers and executives who want the tools to evaluate legal aspects of risk and liability

• Managers and team leaders of space operations who wish to better understand the legal and policy issues they encounter, and to be able to plan more proactively

• IGO and space agency team members concerned with national and international issues arising from activities in space, such as earth observation, and their regulation

• Lawyers and jurists whose practice brings them into contact with space law through legal evidence from satellites, contractual matters or international commerce


Note: Undergraduates will be able to register for our short course in space law later this year.

CPD

The course qualified for 15 hours CPD for Solicitors (SRA) and for Barristers. Other professionals: please contact your respective professional bodies about whether our courses will qualify for CPD.

Space Law and Policy Course (CPD) Open for Enrolment

Tuesday, April 8th, 2014

ISPL is pleased to announce that enrolment is now open for the 2014 Space Law and Policy Course.

Prospectus

The Course will comprise lectures and interactive case studies. Participants will have access to the IALS Law Library during the course. Those considering a post-graduate degree at ISPL will also be able to informally discuss their interest with the Director.

The Course will provide an introduction to:

• The space environment and space technology

• Orbits, their characteristics and management, and types of spacecraft

• Spectrum management

• The law governing space activities: principles & sources of space law, including conventions and treaties, national law and policies

• Comparison between space law and other legal regimes: Antarctic, maritime and air law

• Peaceful use of space, military activities & arms control

• Sovereignty

• Property rights

• Risk, liability and insurance

• The law as relates to specific applications: telecommunications and broadcasting, remote sensing, scientific experiment and exploration, manned activities including the International Space Station, unmanned activities

• Space policy and the institutions that implement them



The Course will be of interest to policy-makers, legal professionals, space sector executives and engineers, officials of government and international bodies, academics and post-graduate degree candidates.

The course is designed to be accessible to those in legal, technical or business training or employment. Previous knowledge of law or policy is not required. It will be particularly appropriate for those working in the space sector who wish to increase their knowledge of the current legal and policy framework, in order to take full advantage of the available opportunities and to create new ones.

The Course will be valuable for a variety of individuals.


• Satellite manufacturing or operation team members seeking an understanding of legal issues relating to design, manufacture or provision of space products and services

• Law, business and technology post-graduate students interested in the field

• Insurers and executives who want the tools to evaluate legal aspects of risk and liability

• Managers and team leaders of space operations who wish to better understand the legal and policy issues they encounter, and to be able to plan more proactively

• IGO and space agency team members concerned with national and international issues arising from activities in space, such as earth observation, and their regulation

• Lawyers and jurists whose practice brings them into contact with space law through legal evidence from satellites, contractual matters or international commerce


Note: Undergraduates please register for our short course in space law later this year.

CPD

The course qualifies for 15 hours CPD for Solicitors (SRA) and for Barristers (to be confirmed). Other professionals: please contact your respective professional bodies about whether the course will qualify for CPD.

Space Commerce Conference

Sunday, October 27th, 2013

Professor Sa’id Mosteshar, ISPL Director, and ISPL Faculty member Tanja Masson-Zwaan will address the International Space Commerce 2013 Summit in London on 29 October 2013. 

Tanja is President of the International Institute of Space Law (IISL) and Deputy Director of the International Institute of Air and Space Law, Leiden Law School.  She will speak about regulation of small satellite under international and national space law.  Her presentation will cover the following areas.

• Benefits and concerns of small satellites
• International space law applicable to small satellites
• Tendencies in national regulation of small satellites, with a focus on Europe
• Considerations in the UN and ITU

Prospects for adequate regulation of small satellites 

Sa’id will present Managing conflict – The laws and regulations of commercial participation in space.  He will discuss the following topics.

• Understanding the existing regulations and how to comply
• Translating policy into regulations and legal instruments
• Exploring issues surrounding security and access in the commercial use of space
• Looking at future legal frameworks 

For more information about the conference including sponsors and other speakers, download the agenda here.

Space Law Short Course (CPD)

Tuesday, February 12th, 2013

ISPL offered an introduction to space law and policy in a short course in April and May 2013. Non-lawyers and lawyers in other fields found it of interest, as did professionals and students in many disciplines.    Details of the Spring 2013 course are available here.

The Space Law and Policy course is intended for professionals desiring a good understanding of national, European, and international space law, and for students interested in broadening their education. It is a requirement for non-lawyers wishing to pursue a higher degree with ISPL.  ISPL is a CPD provider for Barristers and  Solicitors.

Future Space Law Courses will be advertised to those on our Events Notification list, and to those who have expressed interest in attending.  Please fill in our Events Notification Form if you would like to be notified of future courses.

ISPL Seminar at European Space Solutions

Tuesday, October 16th, 2012

On Tuesday, 4 December 2012 ISPL held a Seminar at European Space Solutions. The Seminar examined the qualities of systems, procedures, handling, treatment and processing of space-derived data and information against the needs of the diplomatic and legal communities. It gave an indication of what needs to be provided and how it can best be used. Examination of two particular applications provided context for the issues discussed.

Space-derived data can supply useful and at times the only record of the state of affairs at a particular time and location. This ability to provide objective evidence can be invaluable in the enforcement of laws and international commitments, such as carbon emission reduction, as well as resolving diplomatic disputes. However, in the use of such information as legal evidence a number of procedural and substantive criteria must be met. Information that meets the legal criteria can be strongly persuasive in a host of circumstances, not least as an aid to diplomatic negotiations.

Lawyers, judges, diplomats, humanitarian aid providers, as well as those involved in the collection, treatment and interpretation of space-derived data found the Seminar of particular interest.

Click here for the Seminar Program: ISPL Space Solutions Seminar 2012

European Space Solutions was a major 3-day conference, exhibition and business support event. The event brought together business, the public sector, as well as users and developers of space-based solutions to explore how space can make a real difference to the lives, and livelihoods, of people across Europe.

 Events included half-day workshops on subjects such as  Agriculture, Environmental Monitoring, Ship & Vessel Management and Insurance & Financial Services.  Speakers included Antonio Tajani, Vice-President of the European Commission responsible for Industry and Entrepreneurship, Sir Richard Branson, Chairman of the Virgin Group, and the Rt Hon David Willetts MP, Minister of State for Universities and Science.

The European Space Expo complemented the conference, a state of the art, interactive public exhibition showcasing the many benefits that EU space programs bring to Europe.

Presentations, including audio files, will shortly be posted on our site.

In Memory of Carl Q Christol

Tuesday, February 28th, 2012

On 22 February 2012, with the death of Professor Carl Q Christol, the space community and more particularly those involved in international space law lost one of its great scholars and advocates. The Institute has lost a true friend and much valued Adviser. In his comments, the Institute President Professor Bin Cheng captured the sentiments of all who knew Carl, saying: “I am truly shocked to learn of Carl Christol’s death.   Carl was not only a most distinguished public international lawyer, but also one of the leading pioneers of space law. With his penetrating insight, great and meticulous scholarship and indefatigable enthusiasm, he contributed immensely to the development of international space law.  He will be sorely missed.” The Institute Director, Professor Sa’id Mosteshar added: “Carl Christol was an inspiration and a wonderful friend to whom we owe a great deal.”

Biography of Professor Carl Q Christol

UNIDROIT Space Protocol: Workshop 9 February 2011

Monday, January 31st, 2011

The Workshop addressed the proposed adoption of the UNIDROIT Space Protocol, its legal and commercial merits.

UNIDROIT Space Protocol Workshop Report

The following is an outline of the program. It was highly participatory, with discussion following several brief presentations.

PRACTITIONER AND INDUSTRY WORKSHOP

WEDNESDAY 9 FEBRUARY 2011
8:45 TO 13:00

FINANCING SPACE ASSETS: THE UNIDROIT SOLUTION EXAMINED

CONVENTION ON INTERNATIONAL INTEREST IN MOBILE EQUIPMENT: SPACE PROTOCOL

Funding the acquisition and operation of satellites and other space objects present the same
challenges as those associated with any high value equipment. In addition their location
outside any territorial jurisdiction adds to the complexity of the funding transaction. The
International Institute for the Unification of Private Law (Unidroit), in a departure from its
normal practice of harmonising the rules of national law on a given subject with a view to
promoting international commerce, has promoted a Convention on International Interests in
Mobile Equipment.  The text of the Convention may be accessed at www.unidroit.org.

The Convention seeks to promote and expand the availability of asset-
based financing in respect of high-value mobile equipment normally moving from country
to country or beyond any national jurisdiction in the ordinary course of business.

The Convention has been applied to aircraft and rolling stock by means of protocols
relevant to those assets. Unidroit proposes the application of the Convention by means a
Space Protocol. The aim is to provide the creditor with greater legal certainty to facilitate
grant of assets based finance in respect of assets it may otherwise find difficult to repossess
or control. However, many in the sector have legitimate concerns about the Protocol and its
operation.

Several governments are in the process of reviewing and deciding whether to adopt the
Protocol. This Workshop examined the efficacy of the Space Protocol to achieve greater
availability and ease of funding for space projects. It explored the needs of operators,
financiers and insurers. Professor Roy Goode presented the Protocol
and outlined the obstacles to funding space equipment and the proposed solution. There was an examination of the legal basis for the Protocol in the context of the Convention, and its
perception by those directly affected by its operation.

Workshop participants discussed the issues from all relevant perspectives.

PROGRAMME OUTLINE

Chairman: Professor Sa’id Mosteshar
ISPL Director

8:45 – 9:30 Unidroit Perspective

The Perceived Problem, the Convention and Protocol, Solution Protocol
Proposes to Provides; Current status of UNIDROIT Process
Professor Roy Goode

9:30 – 10:00 Legal Issues

The Legal Structure, Purpose of the Convention, Protocol in the Context
of the Convention, Definitional Issues
Professor Sa’id Mosteshar
ISPL Director

10:00 – 10.45 Operators’ Perspectives

Satellite Operation Funding
Aarti Holla
Secretary General, European Satellite Operators’ Association
Ann Vandenbroucke
Manager – Regulatory and Policy Issues, Inmarsat; ISPL Faculty

10.45 – 11.15 Coffee

11:15 – 11:45 Potential Beneficiaries

Small Satellite Operator
Kumar Singarajah
Director of Regulatory Affairs, Avanti; ISPL Faculty

11:45 – 12:15 Finance Sector Perspective

Asset Finance and Project Finance
Wim N Steenbakkers
Director, Structure Finance Telecom & Media, ING Bank

12:15 – 12:45 Insurance Perspective

Impact on Insurance Availability and Premiums
Neil F Stevens
General Counsel, Space, Atrium Space Insurance; ISPL Faculty

Further information about the proposed Protocol is available on the UNIDROIT website.

Evidence from Space: Workshop

Friday, October 15th, 2010

A Workshop was held on Tuesday, 5 October as part of the Study for the European Space Agency exploring the evidential value and conditions for use of satellite-derived information in administrative and judicial settings.

Delegates were given a briefing document shortly before the workshop, laying out the areas to be covered and summarising some of the issues that were likely to arise.

The program began with an explanation of the aims of the study, followed by a presentation on the nature of legal evidence.  The capabilities of satellite systems were discussed, in areas including land motion measurement, pollution and oil spill.  Next, papers were presented on cases in which satellite-derived information has been used, including agricultural subsidy claims.  A summary of evidential law in a variety of jurisdictions was then covered, highlighting similarities and differences in admissibility and standards of proof.

The results of a study on the use of satellite information in Australia were presented.

Two case studies were then presented.  The first took a form similar to a moot.  Details of a hypothetical land subsidence dispute were described and the presenters took the position of plaintiff’s advocates, with the participants acting as judges and lawyers for the defendant.  The second case involved a hypothetical oil spill, with participants acting as lawyers advising the various parties involved.

There followed a panel discussion with questions, answers and debate from the floor.  Issues identified during the day were discussed, and areas requiring further study were touched upon.

A number of issues arose in relation to the collection, collation and processing of satellite-derived information, how it could be adapted to meet specific needs, and how to overcome limitations so as to facilitate its greater use as evidence.

88 high-level legal, administrative and technical experts took part in the Workshop.  The dialogue was documented by a large number of technical and legal rapporteurs, as well as an audio recording.  These will be combined with the records of the Study Team to produce Proceedings of the Workshop in the near future.

The Institute’s Study Team will carry out further research and dialogue before preparing a report on its findings, to be presented early next year.

See Workshop Report.

See Workshop program, case studies and attendance list.

See Workshop Information Package.

Evidence from Space: ESA EO Project Extension

Friday, August 27th, 2010

Evidence from Space EO Research

Earth Observation (EO) information as evidence in courts and tribunals

ESA has indicated its willingness to extend the Earth Observation Project Evidence from Space, currently being conducted by the Institute’s faculty and associated researchers. The Institute is delighted and welcomes this development. An extension will allow the scope of the study to be enlarged, and for further issues to be considered.

[ learn more ]