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Issues in Space Law - JURD7390

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS3190

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course is intended to examine the underlying legal principles that specifically regulate the use, exploration and exploitation of space, and to determine how these and other principles of International Law can and should be applied to the many different State and private commercial uses of outer space. Space law represents an increasingly important area of International Law and impacts on a wide range of Governmental and private commercial activities. Many activities in space affect everyday life - including telecommunications, direct satellite broadcasts, weather forecasting, agricultural planning, mapping, remote sensing, spying and other military activities, exploration and scientific experimentation. The use of space represents a multi-billion dollar industry.

Note: If taken as a 4UOC elective, it is JURD7389.

Recommended Prior Knowledge

Public International Law

Course Objectives

To understand the historical evolution of the existing legal regime
To introduce and examine the details of the five international Treaties and the various United Nations Principles which regulate certain activities in space
To understand the Australian legal framework regarding space activities
To discuss the problems and ambiguities within the existing legal regime
To determine and analyse the legal issues raised by new uses of space for which the existing legal regime is ill-suited
To examine ways in which these unanswered legal issues should be addressed

Main Topics

What is the legal definition of Space?
Why do we need a legal regime for Space?
The role of UNCOPUOS (U.N. Committee on Peaceful Uses of Outer Space)
Space Law and Air Law compared
The Space Treaties: The Outer Space Treaty 1967; The Rescue Agreement 1968; The Liability Convention 1972; The Registration Convention 1975; The Moon Agreement 1979
The United Nations Principles: Direct Broadcasting Principles 1982; Remote Sensing Principles 1986; Nuclear Power Principles 1992
Intergovernmental Organisations – INTELSAT, INMARSAT, ITU, ESA
Telecommunications and the Geostationery Orbit
National regulation of launching activities
The Space Activities Act 1998 (Cth)
The Environment of Space and the Problem of Space Debris
The International Space Station and Space Tourism
The Commercialisation and Privatisation of Space
Financing and Insurance Aspects of Space Activities
Exploitation of Space Resources
The Needs of Developing Countries
Military Uses of Space
Resolution of Disputes in Relation to Activities in Space
Future Legal Regulation of Space Activities – what needs to be done?