Michael J Listner - Academia.edu (original) (raw)

Papers by Michael J Listner

The Space Review , 2017

The purpose of salvage in the context of maritime law is to encourage persons to render prompt, v... more The purpose of salvage in the context of maritime law is to encourage persons to render prompt, voluntary, and effective service to ships at peril or in distress by assuring them compensation and reward for their salvage efforts. Rather than obtaining title to the salvaged property, a salvor acts on behalf of the property’s owner, thereby obtaining a security interest or lien against the property saved. In other words, salvage does not warrant possession of the property to the salvor. Rather it entitles the salvor to compensation for return of the property to its owner. The term “salvage” is often misconstrued with the law of finds, which allows a finder of abandoned property to acquire title by reducing the property to personal possession. This misapplication of the law of finds is mistakenly applied to the concept of “salvage” in premise of Salvage-1 and also by space enthusiasts and advocates alike.

The Space Review, 2016

Denmark took a significant step up in the international legal community and further defined the j... more Denmark took a significant step up in the international legal community and further defined the jurisprudence of outer space when the Folketingets1 passed a domestic space law called the Proposals to Law on activities in outer space (the Act) on May 3, 2016.2 Similar to other domestic space laws, the Act is an extension of Denmark's Space Policy, is constructed to address Danish state space activities,3 creates a private interest in outer space activities for its citizens and harmonize those future private space activities with Denmark's obligations under international law.4 The Act also functions as a foundation for future domestic space law and regulation for private Danish outer space activities. The Act will enter into force on July 1, 2016.5 What follows is a comprehensive breakdown and analysis of the Act.

The Precis, 2017

The United Arab Emirates revealed details of both its National Space Policy during the 56th Sessi... more The United Arab Emirates revealed details of both its National Space Policy during the 56th Session of the Legal and Subcommittee meeting in Vienna March 27-April 7, 2017. The presentation, which was given by Naser Alrashedi of the Space Policy and Regulations Directory of the UAE Space Agency, is the first substantive look the UAE has proffered to the public of its space policy. The following summation is aggregated from the presentation made on April 6, 2017 and is intended to supplement the previous analysis of the UAE National Space Policy published the 3rd Quarter 2016 (Issue IV) of The Precis on September 2, 2016.

The Space Review, 2018

The House of Representatives took up H.R. 2809, the American Space Commerce Free Enterprise Act a... more The House of Representatives took up H.R. 2809, the American Space Commerce Free Enterprise Act and passed it by voice vote on April 24, 2018. The bill, which was introduced to the House on June 7, 2017, amongst other provisions significantly changes the licensing process for private space activities, including the federal agency responsible for approving private space activities. This piece will not examine the details of H.R. 2809 as they have yet to be reconciled with the Senate and whatever version of a commercial space bill it produces. Rather, this essay will look at the underlying paradigm H.R. 2809 embodies: that private space activities are a right of U.S. citizens and not a private interest created and authorized by the federal government. The author prefaces this essay by emphasizing despite opinions to the contrary regarding the applicability of the Outer Space Treaty to private space activities...

The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by ... more The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by President Obama was met with applause from the commercial space industry. The reconciled bill signed by the President contains high-profile additions to the jurisprudence of domestic space law, including the extension of the moratorium on regulation of the commercial spaceflight industry, the extension of indemnification provisions, and a provision that purports to create resource rights in asteroids and other celestial bodies.

One provision of the Commercial Space Launch Competitiveness Act, which amends 51 U.S.C. § 50914, has received little applause and is treated almost as a postscript. This is in of itself is not unusual because the importance of this provision has little appeal or relevance outside of legal circles, yet its inclusion sets the battlefield for the future litigation that will certainly erupt

The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by... more The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by President Obama was met with applause from the commercial space industry. The reconciled bill signed by the President contains high-profile additions to the jurisprudence of domestic space law, including the extension of the moratorium on regulation of the commercial spaceflight industry, the extension of indemnification provisions, and a provision that purports to create resource rights in asteroids and other celestial bodies.

One provision of the Commercial Space Launch Competitiveness Act, which amends 51 U.S.C. § 50914, has received little applause and is treated almost as a postscript. This is in of itself is not unusual because the importance of this provision has little appeal or relevance outside of legal circles, yet its inclusion sets the battlefield for the future litigation that will certainly erupt.

Discusses the recently promulgated UK Draft recommendations for the regulation of Cubesats. The a... more Discusses the recently promulgated UK Draft recommendations for the regulation of Cubesats. The article explores the role of regulation more broadly within the small satellite industry. The solution proposed by the UK will be compared and contrasted to the current regulation employed by the United States. It will be discussed how the British approach might benefit the current US system and influence other state actors as well as the broader international community.

The Martian will make substantial money at the box-office, but more importantly for better or for... more The Martian will make substantial money at the box-office, but more importantly for better or for worse it will be touted to build interest in the space program and generate enthusiasm for a mission to Mars and manned space flight in general. In that respect, it is critical the realities of The Martian are highlighted and where those highlights are wrong they be corrected. Ensuring the proper principles of the growing but important field of space law are not misrepresented is not only worthwhile but necessary as space law comes out of obscurity and is thrust onto theater screens for public consumption.

The solution to reaffirming leadership does not rest in massive spending programs on hardware to ... more The solution to reaffirming leadership does not rest in massive spending programs on hardware to achieve space first but at the policy level where the decline in outer space leadership really began. To that end, the next Administration, which will promulgate its own national space policy, has the opportunity to create a new policy environment that will reaffirm the role of the United States as the leader in outer space activities and security and how it promotes that approach to the international community. Specifically, a policy that returns to a geopolitical approach that emphasizes a proactive deterrence towards the defense of space assets as seen in the 2006 Policy coupled with a non-traditional approach to creating non-binding international norms would position the United States to affirm its role of leadership in outer space activities.

An overview of some of the technical, ethical and legal issues regarding the Mars One proposal

Of all the space activities over the past four years, none has generated more conjecture and cont... more Of all the space activities over the past four years, none has generated more conjecture and controversy than the United States Air Force and its operation of the X-37B mini-shuttle.
The flights of the X-37B draws attention to the program more so that the program is under the auspices of the Department of Defense and that the activities it is performing in orbit as part of its mission remain classified generates substantial speculation. The United States Air Force has maintained that the purpose of the X-37B is to test new sensors and new satellite technologies, and there is no reason to doubt that part of its mission entails that. Many theories about the X-37's purpose are denied by the Air Force but remain popular despite their impracticability, which ultimately works to the benefit of concealing the true nature of the program and may be one of the ends of the program itself.

Outer space security is a front-burner topic internationally, and it is a frequent topic of discu... more Outer space security is a front-burner topic internationally, and it is a frequent topic of discussion and the focus of rhetoric of not only the current space actors but emerging space actors as well. The meaning of the term "outer space security" has been diluted in the geopolitical environment to the extent that what it means to have outer space security and the means to attain it are subject to the point of view it is advocated from.
Regardless of its meaning, the challenge with realizing and maintaining outer space security is the contradiction that arises between globalist viewpoints and the realities of geopolitical interests.

The International Code of Conduct for Outer Space Activities, which succeeded the European Union ... more The International Code of Conduct for Outer Space Activities, which succeeded the European Union code of conduct and was publicly released as a draft in September 2013, represents an evolution from the original EU code of conduct. The EU code was rejected by the United States for several reasons, including national security concerns, but even though the code of conduct has been substantially overhauled it still does not offer the United States tangible benefits and potentially places greater burdens and restrictions on the United States.

The passing of Neil Armstrong on August 25 has brought new calls for the Apollo 11 landing site t... more The passing of Neil Armstrong on August 25 has brought new calls for the Apollo 11 landing site to be designated as a National Historic Landmark so that it may eventually be nominated for inclusion on the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage List.1 The idea of preserving the Apollo sites is not a new one, particularly in regards to the artifacts left behind by the Apollo missions.

Space debris is considered by many to be the most prominent issue in the arena of outer space sec... more Space debris is considered by many to be the most prominent issue in the arena of outer space security and safety. More than a half-century of space activities by the various spacefaring nations have left a debris environment that is self-perpetuating and threatens to render the outer space environment useless, particularly in low Earth orbit. Space debris ranges in size from fragments less than a millimeter in diameter to complete spacecraft many meters across. The nature of this debris includes intact satellites, rocket bodies, fragments from exploded rocket bodies, fragments from collisions, and objects from extracurricular activities.

The Code of Conduct for Outer Space Activities has been on the diplomatic radar since the EU firs... more The Code of Conduct for Outer Space Activities has been on the diplomatic radar since the EU first presented its revised draft of the original 2008 draft for discussion in 2010. The EU then spent the better part of 2011 trying to get both the space-faring and non-space-faring nations of the world to sign onto the non-binding protocol. The significant resistance the EU encountered during its year-long effort to persuade participating nations to agree to the measure culminated with the U.S. announcing in January 2012 that it would not support the current draft, but would alternatively support a new effort with the EU.

The topic of outer space law instinctively brings to mind the founding international treaties tha... more The topic of outer space law instinctively brings to mind the founding international treaties that comprise the international body of space law. These foundational treaties provide the core of principles for states performing outer space activities. Aside from international space law, individual countries promulgate domestic space law. These laws, the most recent of which was passed by the Austrian Parliament on December 6, 2011 (see “A first look at Austria’s new domestic space law”, The Space Review, December 12, 2011), stipulate among other things the conditions where citizens under its jurisdiction may perform space activities. Domestic space law invariably incorporates the precepts of international space law, including the foundational treaties.

The Space Review , 2017

The purpose of salvage in the context of maritime law is to encourage persons to render prompt, v... more The purpose of salvage in the context of maritime law is to encourage persons to render prompt, voluntary, and effective service to ships at peril or in distress by assuring them compensation and reward for their salvage efforts. Rather than obtaining title to the salvaged property, a salvor acts on behalf of the property’s owner, thereby obtaining a security interest or lien against the property saved. In other words, salvage does not warrant possession of the property to the salvor. Rather it entitles the salvor to compensation for return of the property to its owner. The term “salvage” is often misconstrued with the law of finds, which allows a finder of abandoned property to acquire title by reducing the property to personal possession. This misapplication of the law of finds is mistakenly applied to the concept of “salvage” in premise of Salvage-1 and also by space enthusiasts and advocates alike.

The Space Review, 2016

Denmark took a significant step up in the international legal community and further defined the j... more Denmark took a significant step up in the international legal community and further defined the jurisprudence of outer space when the Folketingets1 passed a domestic space law called the Proposals to Law on activities in outer space (the Act) on May 3, 2016.2 Similar to other domestic space laws, the Act is an extension of Denmark's Space Policy, is constructed to address Danish state space activities,3 creates a private interest in outer space activities for its citizens and harmonize those future private space activities with Denmark's obligations under international law.4 The Act also functions as a foundation for future domestic space law and regulation for private Danish outer space activities. The Act will enter into force on July 1, 2016.5 What follows is a comprehensive breakdown and analysis of the Act.

The Precis, 2017

The United Arab Emirates revealed details of both its National Space Policy during the 56th Sessi... more The United Arab Emirates revealed details of both its National Space Policy during the 56th Session of the Legal and Subcommittee meeting in Vienna March 27-April 7, 2017. The presentation, which was given by Naser Alrashedi of the Space Policy and Regulations Directory of the UAE Space Agency, is the first substantive look the UAE has proffered to the public of its space policy. The following summation is aggregated from the presentation made on April 6, 2017 and is intended to supplement the previous analysis of the UAE National Space Policy published the 3rd Quarter 2016 (Issue IV) of The Precis on September 2, 2016.

The Space Review, 2018

The House of Representatives took up H.R. 2809, the American Space Commerce Free Enterprise Act a... more The House of Representatives took up H.R. 2809, the American Space Commerce Free Enterprise Act and passed it by voice vote on April 24, 2018. The bill, which was introduced to the House on June 7, 2017, amongst other provisions significantly changes the licensing process for private space activities, including the federal agency responsible for approving private space activities. This piece will not examine the details of H.R. 2809 as they have yet to be reconciled with the Senate and whatever version of a commercial space bill it produces. Rather, this essay will look at the underlying paradigm H.R. 2809 embodies: that private space activities are a right of U.S. citizens and not a private interest created and authorized by the federal government. The author prefaces this essay by emphasizing despite opinions to the contrary regarding the applicability of the Outer Space Treaty to private space activities...

The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by ... more The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by President Obama was met with applause from the commercial space industry. The reconciled bill signed by the President contains high-profile additions to the jurisprudence of domestic space law, including the extension of the moratorium on regulation of the commercial spaceflight industry, the extension of indemnification provisions, and a provision that purports to create resource rights in asteroids and other celestial bodies.

One provision of the Commercial Space Launch Competitiveness Act, which amends 51 U.S.C. § 50914, has received little applause and is treated almost as a postscript. This is in of itself is not unusual because the importance of this provision has little appeal or relevance outside of legal circles, yet its inclusion sets the battlefield for the future litigation that will certainly erupt

The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by... more The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by President Obama was met with applause from the commercial space industry. The reconciled bill signed by the President contains high-profile additions to the jurisprudence of domestic space law, including the extension of the moratorium on regulation of the commercial spaceflight industry, the extension of indemnification provisions, and a provision that purports to create resource rights in asteroids and other celestial bodies.

One provision of the Commercial Space Launch Competitiveness Act, which amends 51 U.S.C. § 50914, has received little applause and is treated almost as a postscript. This is in of itself is not unusual because the importance of this provision has little appeal or relevance outside of legal circles, yet its inclusion sets the battlefield for the future litigation that will certainly erupt.

Discusses the recently promulgated UK Draft recommendations for the regulation of Cubesats. The a... more Discusses the recently promulgated UK Draft recommendations for the regulation of Cubesats. The article explores the role of regulation more broadly within the small satellite industry. The solution proposed by the UK will be compared and contrasted to the current regulation employed by the United States. It will be discussed how the British approach might benefit the current US system and influence other state actors as well as the broader international community.

The Martian will make substantial money at the box-office, but more importantly for better or for... more The Martian will make substantial money at the box-office, but more importantly for better or for worse it will be touted to build interest in the space program and generate enthusiasm for a mission to Mars and manned space flight in general. In that respect, it is critical the realities of The Martian are highlighted and where those highlights are wrong they be corrected. Ensuring the proper principles of the growing but important field of space law are not misrepresented is not only worthwhile but necessary as space law comes out of obscurity and is thrust onto theater screens for public consumption.

The solution to reaffirming leadership does not rest in massive spending programs on hardware to ... more The solution to reaffirming leadership does not rest in massive spending programs on hardware to achieve space first but at the policy level where the decline in outer space leadership really began. To that end, the next Administration, which will promulgate its own national space policy, has the opportunity to create a new policy environment that will reaffirm the role of the United States as the leader in outer space activities and security and how it promotes that approach to the international community. Specifically, a policy that returns to a geopolitical approach that emphasizes a proactive deterrence towards the defense of space assets as seen in the 2006 Policy coupled with a non-traditional approach to creating non-binding international norms would position the United States to affirm its role of leadership in outer space activities.

An overview of some of the technical, ethical and legal issues regarding the Mars One proposal

Of all the space activities over the past four years, none has generated more conjecture and cont... more Of all the space activities over the past four years, none has generated more conjecture and controversy than the United States Air Force and its operation of the X-37B mini-shuttle.
The flights of the X-37B draws attention to the program more so that the program is under the auspices of the Department of Defense and that the activities it is performing in orbit as part of its mission remain classified generates substantial speculation. The United States Air Force has maintained that the purpose of the X-37B is to test new sensors and new satellite technologies, and there is no reason to doubt that part of its mission entails that. Many theories about the X-37's purpose are denied by the Air Force but remain popular despite their impracticability, which ultimately works to the benefit of concealing the true nature of the program and may be one of the ends of the program itself.

Outer space security is a front-burner topic internationally, and it is a frequent topic of discu... more Outer space security is a front-burner topic internationally, and it is a frequent topic of discussion and the focus of rhetoric of not only the current space actors but emerging space actors as well. The meaning of the term "outer space security" has been diluted in the geopolitical environment to the extent that what it means to have outer space security and the means to attain it are subject to the point of view it is advocated from.
Regardless of its meaning, the challenge with realizing and maintaining outer space security is the contradiction that arises between globalist viewpoints and the realities of geopolitical interests.

The International Code of Conduct for Outer Space Activities, which succeeded the European Union ... more The International Code of Conduct for Outer Space Activities, which succeeded the European Union code of conduct and was publicly released as a draft in September 2013, represents an evolution from the original EU code of conduct. The EU code was rejected by the United States for several reasons, including national security concerns, but even though the code of conduct has been substantially overhauled it still does not offer the United States tangible benefits and potentially places greater burdens and restrictions on the United States.

The passing of Neil Armstrong on August 25 has brought new calls for the Apollo 11 landing site t... more The passing of Neil Armstrong on August 25 has brought new calls for the Apollo 11 landing site to be designated as a National Historic Landmark so that it may eventually be nominated for inclusion on the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage List.1 The idea of preserving the Apollo sites is not a new one, particularly in regards to the artifacts left behind by the Apollo missions.

Space debris is considered by many to be the most prominent issue in the arena of outer space sec... more Space debris is considered by many to be the most prominent issue in the arena of outer space security and safety. More than a half-century of space activities by the various spacefaring nations have left a debris environment that is self-perpetuating and threatens to render the outer space environment useless, particularly in low Earth orbit. Space debris ranges in size from fragments less than a millimeter in diameter to complete spacecraft many meters across. The nature of this debris includes intact satellites, rocket bodies, fragments from exploded rocket bodies, fragments from collisions, and objects from extracurricular activities.

The Code of Conduct for Outer Space Activities has been on the diplomatic radar since the EU firs... more The Code of Conduct for Outer Space Activities has been on the diplomatic radar since the EU first presented its revised draft of the original 2008 draft for discussion in 2010. The EU then spent the better part of 2011 trying to get both the space-faring and non-space-faring nations of the world to sign onto the non-binding protocol. The significant resistance the EU encountered during its year-long effort to persuade participating nations to agree to the measure culminated with the U.S. announcing in January 2012 that it would not support the current draft, but would alternatively support a new effort with the EU.

The topic of outer space law instinctively brings to mind the founding international treaties tha... more The topic of outer space law instinctively brings to mind the founding international treaties that comprise the international body of space law. These foundational treaties provide the core of principles for states performing outer space activities. Aside from international space law, individual countries promulgate domestic space law. These laws, the most recent of which was passed by the Austrian Parliament on December 6, 2011 (see “A first look at Austria’s new domestic space law”, The Space Review, December 12, 2011), stipulate among other things the conditions where citizens under its jurisdiction may perform space activities. Domestic space law invariably incorporates the precepts of international space law, including the foundational treaties.