Michael Chatzipanagiotis | University of Cyprus (original) (raw)

Papers by Michael Chatzipanagiotis

Proceedings of the 75th International Astronautical Congress, 2024

This paper explores the effect of technical standards on law and regulation, the relationship of ... more This paper explores the effect of technical standards on law and regulation, the relationship of space law with technical standards, how they are used to both foster international cooperation and intensify strategic competition, and what measures could be taken to enhance their role in promoting international cooperation as one of the core objectives of international space law. Technical standards are technical rules and procedures developed by specialized organizations, which may be international, regional or national. They are widely used in any technical domain, including spaceflights and space operations. Although such standards are not legal rules by themselves, they may function as such in a variety of circumstances or obtain legal status through reference thereto by the regulators or contractual parties. Moreover, they can assist in concretising generic legal terms, like 'reasonableness', 'fault', 'due regard' etc. In space law, technical standards can assist States and other actors in the implementation at the technical level of their duties arising from the international Space Treaties and domestic space legislation. They could be seen as a source of soft law, which has to abide by the general principles established in the Outer Space Treaty. The interoperability, safety and efficiency ensured by international technical standards fosters international cooperation, as exemplified by the International Space Station (ISS) and the Global Navigation Satellite Systems (GNSS). At the same time influence in international standard development entails significant economic and political advantages in the context of strategic competition among States. A series of measures could enhance their cooperative function, despite their competitive aspects. First, areas of international interdependence in space operations should be identified, such as the GNSS, Space Traffic Management (STM), space debris and human space exploration. Second, the methodology used in international cooperation in space activities, could provide guidance for new collaborative endeavours and encourage trust. Third, performance-based standards, instead of prescriptive ones, should be preferred, to allow for flexibility in their implementation. Fourth, coordination among the different SDOs should be pursued to enable coherence. Fifth, the development of technical standards should be transparent, open, impartial, consensus-based and inclusive, so that they serve the interests of all stakeholders, not only of the most powerful ones.

Journal of air law and commerce, 2024

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article ... more This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, in view of also the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, a thorough examination of the pertinent issues from a de lege ferenda perspective lies outside the scope of this paper. The paper concludes that the judgments of the CJEU on Art. 17(1) MC99 have broadly interpreted the notion of ‘passenger’, ‘accident’ and ‘bodily injury’ in a passenger-friendly way. Although the interpretation of ‘passenger’ does not differ from the established case law in other jurisdictions, some aspects of the interpretation of ‘accident’ and the interpretation of ‘bodily injury’ significantly depart from the currently prevailing view among courts internationally. The CJEU has not ruled on the scope of the exclusivity of the MC99, under Art. 29 thereof, regarding personal injury of passengers; however, the broad interpretation of ‘accident’ and ‘bodily injury’ deprives the interpretation of Art. 29 of most of the practical effects it has in other jurisdictions. Given the regulatory influence that the EU exercises worldwide, the CJEU judgments might guide courts also outside the EU, which would enhance passenger protection but would further undermine the already fragmented application of the MC99 internationally.

Edward Elgar Publishing eBooks, Dec 6, 2023

Edward Elgar Publishing eBooks, Dec 6, 2023

Η ενδυνάμωση των καταναλωτών μέσω της πληροφόρησης αποτελεί ένα συχνό νομοθετικό εργαλείο προς δι... more Η ενδυνάμωση των καταναλωτών μέσω της πληροφόρησης αποτελεί ένα συχνό νομοθετικό εργαλείο προς διασφάλιση της εύρυθμης λειτουργίας της εσωτερικής αγορά και της πληροφοριακής αυτονομίας των καταναλωτών. Ωστόσο η αποτελεσματικότητα αυτού του εργαλείου αμφισβητείται λόγω του πληροφοριακού κορεσμού που ενίοτε προκαλεί στους καταναλωτές, της ακαταλληλότητας των καταναλωτών ως αποδεκτών του συνόλου των πληροφοριών και του οικονομικού κόστους των επιταγών πληροφόρησης. Η παρούσα μελέτη εξετάζει συνοπτικά τις ανωτέρω επιφυλάξεις, παράλληλα με πιθανούς τρόπους διασφάλισης της αποτελεσματικότητας των ενωσιακών επιταγών πληροφόρησης. Αξιολογούνται επίσης ενδεχόμενες εξελίξεις από τη χρήση τεχνολογιών τεχνητής νοημοσύνης. Συμπεραίνεται ότι οι επιταγές πληροφόρησης αποτελούν αναγκαίο, αλλά μη επαρκή όρο της αποτελεσματικής προστασίας των καταναλωτών.

This article analyses the requirements and challenges for establishing individual remedies for co... more This article analyses the requirements and challenges for establishing individual remedies for consumers under Art. 11a of the Unfair Commercial Practices Directive (UCPD). It does so through the lens of the CJEU case law, other EU consumer-protection instruments, and examples of national legislation. Article 11a UCPD was inserted by the Modernisation and Enforcement Directive (MED). It obliges EU Member States (MS) to lay down individual remedies, to protect consumers harmed by unfair commercial practices. Art. 11a allows MS a wide discretion as to the conditions and effects of such remedies. However, such discretion is limited by the principles of effectiveness, proportionality and dissuasiveness, alongside other factors. Moreover, there must be ‘harm’ suffered by the actual consumer claiming the remedy, as well as a causal link between such harm and the unfair commercial practice. The article also examines additional important aspects of the individual remedies, namely limitation periods, a potential duty to an ex officio examination, interim protection and issues concerning the burden of proof. At the same time, the relationship between individual remedies and collective proceedings is explored, since the UCPD focuses on the protection of the collective interests of consumers and the ‘average consumer’. The article concludes that, while Article 11a, to some extent, addresses enforcement gaps in the UCPD and promotes harmonisation, its effective implementation presents challenges. Besides, political considerations regarding the Union's interference in national legal systems should not be overlooked.

Journal of Air Law & Commerce, 2024

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article ... more This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, in view of also the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, a thorough examination of the pertinent issues from a de lege ferenda perspective lies outside the scope of this paper. The paper concludes that the judgments of the CJEU on Art. 17(1) MC99 have broadly interpreted the notion of ‘passenger’, ‘accident’ and ‘bodily injury’ in a passenger-friendly way. Although the interpretation of ‘passenger’ does not differ from the established case law in other jurisdictions, some aspects of the interpretation of ‘accident’ and the interpretation of ‘bodily injury’ significantly depart from the currently prevailing view among courts internationally. The CJEU has not ruled on the scope of the exclusivity of the MC99, under Art. 29 thereof, regarding personal injury of passengers; however, the broad interpretation of ‘accident’ and ‘bodily injury’ deprives the interpretation of Art. 29 of most of the practical effects it has in other jurisdictions. Given the regulatory influence that the EU exercises worldwide, the CJEU judgments might guide courts also outside the EU, which would enhance passenger protection but would further undermine the already fragmented application of the MC99 internationally.

AIDA Europe research series on insurance law and regulation, 2021

International Institute of Space Law, 2015

Social Science Research Network, Nov 3, 2014

ABSTRACT

Social Science Research Network, 2021

Transparency in Insurance Regulation and Supervisory Law, 2021

S. Jovanovic and P. Marano (eds), AIDA Serbia - Proceedings of the 23rd Annual Conference, 2022

This paper analyses some aspects of liability insurance law in relation to automated vehicles (he... more This paper analyses some aspects of liability insurance law in relation to automated vehicles (hereinafter: AV). It examines the pertinent insurance provisions of EU law and the special provisions of German law and UK law. It is concluded that the parameters of liability insurance do not pose any major issues, save for provisions on data access and sharing. Problematic is the allocation of fault among the liable parties in redress claims, which will have to rely on performance-based standards and the traffic rules.

Informa Law from Routledge, 2022

This chapter provides a comprehensive analysis of a wide range of regulatory, insurance and liabi... more This chapter provides a comprehensive analysis of a wide range of regulatory, insurance and liability issues that are raised by using UASs in a commercial maritime context. On this basis, the Regulations lay down three regulatory categories: the Open Category, the Specific Category and the Certified Category. In the maritime context, the Open Category will comprise UAS operations of small aircraft, the operational profile of which cannot pose a risk to personnel on board or near the ship. Despite its age, the provision is drafted in such a wide manner that, in principle, it can accommodate incidents arising from the use of UASs in a maritime context. A major accident caused by a UAS in a maritime context that attracts media attention would have the potential to amplify negative social perceptions of the industry that could be addressed by regulators taking a stricter approach to licensing and the further development of BVLOS capabilities.

Social Science Research Network, Oct 1, 2019

This paper addresses key challenges as to the legal regime applicable to air launches of space ob... more This paper addresses key challenges as to the legal regime applicable to air launches of space objects. Air launches can have two forms: (a) a system composed of a mothership that operates as an aircraft and carries a rocket-propelled vehicle, which is released at a specific altitude and activates its own engines to reach outer space; (b) a vehicle carrying both air-breathing and rocket engines activates the latter after reaching a certain altitude. From a legal perspective, it is unclear if these systems/vehicles should be treated as aircraft or space objects before separation/activation of rocket propulsion, and, in case of composite systems, after releasing the vehicle carried. The

International Institute of Space Law, 2020

Artificial intelligence (AI) is increasingly used in space activities. AI employs machine learnin... more Artificial intelligence (AI) is increasingly used in space activities. AI employs machine learning techniques, which enable the system to automatically improve its performance by exposure to large amounts of data. However, this make its behavior largely unpredictable, even if all initial programming parameters are known. Such technological developments entail that space activities will be conducted with increased system autonomy. A significant part of the decision-making process throughout the mission will be shifted from humans to machines. Thus, questions arise on how AI impacts the current system of liability under international space law. This paper submits that there will be no problems for cases involving strict liability of the launching State. Nonetheless, cases that require 'fault' of the launching State will become (even) more difficult to handle, in view of the challenges in defining 'fault' and in establishing causal connection between the fault and the damage. Fault may be indicated by non-compliance with established international rules or codes of conduct, by insufficient regard of other States' interests under Art. IX OST, or by unreasonable behavior. These parameters are examined in relation to AI, alongside additional AI-specific factors, which might relate to the quality of the training data, sufficient testing of the system (including proper function and interaction among its components), performance of necessary system updates, redundancy of systems, use of systems within their operational domains, possibility of human intervention, resilience in contingencies (e.g. solar storms, function in low power mode), etc. In the event that AI is used to support human decisions through recommendations, then human factors should also be considered, such as appropriate warnings and user-friendly system design. Moreover, explainability of AI decisions is highly desirable, but also hard to materialize owing to the complexity of AI systems. In any case, comparing AI behavior with human behavior should not be excluded, but extreme caution is required, because AI functions differently than the human mind and is meant to surpass human abilities. The paper concludes that it is necessary to establish international regulations on space activities, even in non-binding form, and international, performance-based safety standards. In view of the expressed aversion of States to any new internationally binding rules, any gaps in victim protection will have to be filled by national legislation and insurance.

Осигурање и правно-економско окружење – шири и ужи оквир = Insurance and Legal-Economic Environment – Wider and Narrower Framework, 2022

Georgios Kyriakopoulos and Maria Manoli (eds), The Space Treaties at Crossroads (Springer 2019), 2019

In modern economy, the fact that some objects are moving in outer space does not deprive them of ... more In modern economy, the fact that some objects are moving in outer space does not deprive them of their fundamental attribute: they are objects, which have a monetary value as long as they can be employed for profit. As a result, such value can be used, and is indeed widely used, in transactions.At the same time, space objects are governed by international space law, which was drafted about five decades ago, when space objects served mainly purposes of political prestige.This dissonance between current uses of space objects and underlying rationale of international law leads to practical problems, related mainly to their registration, which is connected with a variety of consequences, and liability. We shall analyse these problems and propose solutions at the example of air law, adjusted to the particularities of space operations.

SSRN Electronic Journal, 2020

Proceedings of the 75th International Astronautical Congress, 2024

This paper explores the effect of technical standards on law and regulation, the relationship of ... more This paper explores the effect of technical standards on law and regulation, the relationship of space law with technical standards, how they are used to both foster international cooperation and intensify strategic competition, and what measures could be taken to enhance their role in promoting international cooperation as one of the core objectives of international space law. Technical standards are technical rules and procedures developed by specialized organizations, which may be international, regional or national. They are widely used in any technical domain, including spaceflights and space operations. Although such standards are not legal rules by themselves, they may function as such in a variety of circumstances or obtain legal status through reference thereto by the regulators or contractual parties. Moreover, they can assist in concretising generic legal terms, like 'reasonableness', 'fault', 'due regard' etc. In space law, technical standards can assist States and other actors in the implementation at the technical level of their duties arising from the international Space Treaties and domestic space legislation. They could be seen as a source of soft law, which has to abide by the general principles established in the Outer Space Treaty. The interoperability, safety and efficiency ensured by international technical standards fosters international cooperation, as exemplified by the International Space Station (ISS) and the Global Navigation Satellite Systems (GNSS). At the same time influence in international standard development entails significant economic and political advantages in the context of strategic competition among States. A series of measures could enhance their cooperative function, despite their competitive aspects. First, areas of international interdependence in space operations should be identified, such as the GNSS, Space Traffic Management (STM), space debris and human space exploration. Second, the methodology used in international cooperation in space activities, could provide guidance for new collaborative endeavours and encourage trust. Third, performance-based standards, instead of prescriptive ones, should be preferred, to allow for flexibility in their implementation. Fourth, coordination among the different SDOs should be pursued to enable coherence. Fifth, the development of technical standards should be transparent, open, impartial, consensus-based and inclusive, so that they serve the interests of all stakeholders, not only of the most powerful ones.

Journal of air law and commerce, 2024

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article ... more This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, in view of also the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, a thorough examination of the pertinent issues from a de lege ferenda perspective lies outside the scope of this paper. The paper concludes that the judgments of the CJEU on Art. 17(1) MC99 have broadly interpreted the notion of ‘passenger’, ‘accident’ and ‘bodily injury’ in a passenger-friendly way. Although the interpretation of ‘passenger’ does not differ from the established case law in other jurisdictions, some aspects of the interpretation of ‘accident’ and the interpretation of ‘bodily injury’ significantly depart from the currently prevailing view among courts internationally. The CJEU has not ruled on the scope of the exclusivity of the MC99, under Art. 29 thereof, regarding personal injury of passengers; however, the broad interpretation of ‘accident’ and ‘bodily injury’ deprives the interpretation of Art. 29 of most of the practical effects it has in other jurisdictions. Given the regulatory influence that the EU exercises worldwide, the CJEU judgments might guide courts also outside the EU, which would enhance passenger protection but would further undermine the already fragmented application of the MC99 internationally.

Edward Elgar Publishing eBooks, Dec 6, 2023

Edward Elgar Publishing eBooks, Dec 6, 2023

Η ενδυνάμωση των καταναλωτών μέσω της πληροφόρησης αποτελεί ένα συχνό νομοθετικό εργαλείο προς δι... more Η ενδυνάμωση των καταναλωτών μέσω της πληροφόρησης αποτελεί ένα συχνό νομοθετικό εργαλείο προς διασφάλιση της εύρυθμης λειτουργίας της εσωτερικής αγορά και της πληροφοριακής αυτονομίας των καταναλωτών. Ωστόσο η αποτελεσματικότητα αυτού του εργαλείου αμφισβητείται λόγω του πληροφοριακού κορεσμού που ενίοτε προκαλεί στους καταναλωτές, της ακαταλληλότητας των καταναλωτών ως αποδεκτών του συνόλου των πληροφοριών και του οικονομικού κόστους των επιταγών πληροφόρησης. Η παρούσα μελέτη εξετάζει συνοπτικά τις ανωτέρω επιφυλάξεις, παράλληλα με πιθανούς τρόπους διασφάλισης της αποτελεσματικότητας των ενωσιακών επιταγών πληροφόρησης. Αξιολογούνται επίσης ενδεχόμενες εξελίξεις από τη χρήση τεχνολογιών τεχνητής νοημοσύνης. Συμπεραίνεται ότι οι επιταγές πληροφόρησης αποτελούν αναγκαίο, αλλά μη επαρκή όρο της αποτελεσματικής προστασίας των καταναλωτών.

This article analyses the requirements and challenges for establishing individual remedies for co... more This article analyses the requirements and challenges for establishing individual remedies for consumers under Art. 11a of the Unfair Commercial Practices Directive (UCPD). It does so through the lens of the CJEU case law, other EU consumer-protection instruments, and examples of national legislation. Article 11a UCPD was inserted by the Modernisation and Enforcement Directive (MED). It obliges EU Member States (MS) to lay down individual remedies, to protect consumers harmed by unfair commercial practices. Art. 11a allows MS a wide discretion as to the conditions and effects of such remedies. However, such discretion is limited by the principles of effectiveness, proportionality and dissuasiveness, alongside other factors. Moreover, there must be ‘harm’ suffered by the actual consumer claiming the remedy, as well as a causal link between such harm and the unfair commercial practice. The article also examines additional important aspects of the individual remedies, namely limitation periods, a potential duty to an ex officio examination, interim protection and issues concerning the burden of proof. At the same time, the relationship between individual remedies and collective proceedings is explored, since the UCPD focuses on the protection of the collective interests of consumers and the ‘average consumer’. The article concludes that, while Article 11a, to some extent, addresses enforcement gaps in the UCPD and promotes harmonisation, its effective implementation presents challenges. Besides, political considerations regarding the Union's interference in national legal systems should not be overlooked.

Journal of Air Law & Commerce, 2024

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article ... more This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, in view of also the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, a thorough examination of the pertinent issues from a de lege ferenda perspective lies outside the scope of this paper. The paper concludes that the judgments of the CJEU on Art. 17(1) MC99 have broadly interpreted the notion of ‘passenger’, ‘accident’ and ‘bodily injury’ in a passenger-friendly way. Although the interpretation of ‘passenger’ does not differ from the established case law in other jurisdictions, some aspects of the interpretation of ‘accident’ and the interpretation of ‘bodily injury’ significantly depart from the currently prevailing view among courts internationally. The CJEU has not ruled on the scope of the exclusivity of the MC99, under Art. 29 thereof, regarding personal injury of passengers; however, the broad interpretation of ‘accident’ and ‘bodily injury’ deprives the interpretation of Art. 29 of most of the practical effects it has in other jurisdictions. Given the regulatory influence that the EU exercises worldwide, the CJEU judgments might guide courts also outside the EU, which would enhance passenger protection but would further undermine the already fragmented application of the MC99 internationally.

AIDA Europe research series on insurance law and regulation, 2021

International Institute of Space Law, 2015

Social Science Research Network, Nov 3, 2014

ABSTRACT

Social Science Research Network, 2021

Transparency in Insurance Regulation and Supervisory Law, 2021

S. Jovanovic and P. Marano (eds), AIDA Serbia - Proceedings of the 23rd Annual Conference, 2022

This paper analyses some aspects of liability insurance law in relation to automated vehicles (he... more This paper analyses some aspects of liability insurance law in relation to automated vehicles (hereinafter: AV). It examines the pertinent insurance provisions of EU law and the special provisions of German law and UK law. It is concluded that the parameters of liability insurance do not pose any major issues, save for provisions on data access and sharing. Problematic is the allocation of fault among the liable parties in redress claims, which will have to rely on performance-based standards and the traffic rules.

Informa Law from Routledge, 2022

This chapter provides a comprehensive analysis of a wide range of regulatory, insurance and liabi... more This chapter provides a comprehensive analysis of a wide range of regulatory, insurance and liability issues that are raised by using UASs in a commercial maritime context. On this basis, the Regulations lay down three regulatory categories: the Open Category, the Specific Category and the Certified Category. In the maritime context, the Open Category will comprise UAS operations of small aircraft, the operational profile of which cannot pose a risk to personnel on board or near the ship. Despite its age, the provision is drafted in such a wide manner that, in principle, it can accommodate incidents arising from the use of UASs in a maritime context. A major accident caused by a UAS in a maritime context that attracts media attention would have the potential to amplify negative social perceptions of the industry that could be addressed by regulators taking a stricter approach to licensing and the further development of BVLOS capabilities.

Social Science Research Network, Oct 1, 2019

This paper addresses key challenges as to the legal regime applicable to air launches of space ob... more This paper addresses key challenges as to the legal regime applicable to air launches of space objects. Air launches can have two forms: (a) a system composed of a mothership that operates as an aircraft and carries a rocket-propelled vehicle, which is released at a specific altitude and activates its own engines to reach outer space; (b) a vehicle carrying both air-breathing and rocket engines activates the latter after reaching a certain altitude. From a legal perspective, it is unclear if these systems/vehicles should be treated as aircraft or space objects before separation/activation of rocket propulsion, and, in case of composite systems, after releasing the vehicle carried. The

International Institute of Space Law, 2020

Artificial intelligence (AI) is increasingly used in space activities. AI employs machine learnin... more Artificial intelligence (AI) is increasingly used in space activities. AI employs machine learning techniques, which enable the system to automatically improve its performance by exposure to large amounts of data. However, this make its behavior largely unpredictable, even if all initial programming parameters are known. Such technological developments entail that space activities will be conducted with increased system autonomy. A significant part of the decision-making process throughout the mission will be shifted from humans to machines. Thus, questions arise on how AI impacts the current system of liability under international space law. This paper submits that there will be no problems for cases involving strict liability of the launching State. Nonetheless, cases that require 'fault' of the launching State will become (even) more difficult to handle, in view of the challenges in defining 'fault' and in establishing causal connection between the fault and the damage. Fault may be indicated by non-compliance with established international rules or codes of conduct, by insufficient regard of other States' interests under Art. IX OST, or by unreasonable behavior. These parameters are examined in relation to AI, alongside additional AI-specific factors, which might relate to the quality of the training data, sufficient testing of the system (including proper function and interaction among its components), performance of necessary system updates, redundancy of systems, use of systems within their operational domains, possibility of human intervention, resilience in contingencies (e.g. solar storms, function in low power mode), etc. In the event that AI is used to support human decisions through recommendations, then human factors should also be considered, such as appropriate warnings and user-friendly system design. Moreover, explainability of AI decisions is highly desirable, but also hard to materialize owing to the complexity of AI systems. In any case, comparing AI behavior with human behavior should not be excluded, but extreme caution is required, because AI functions differently than the human mind and is meant to surpass human abilities. The paper concludes that it is necessary to establish international regulations on space activities, even in non-binding form, and international, performance-based safety standards. In view of the expressed aversion of States to any new internationally binding rules, any gaps in victim protection will have to be filled by national legislation and insurance.

Осигурање и правно-економско окружење – шири и ужи оквир = Insurance and Legal-Economic Environment – Wider and Narrower Framework, 2022

Georgios Kyriakopoulos and Maria Manoli (eds), The Space Treaties at Crossroads (Springer 2019), 2019

In modern economy, the fact that some objects are moving in outer space does not deprive them of ... more In modern economy, the fact that some objects are moving in outer space does not deprive them of their fundamental attribute: they are objects, which have a monetary value as long as they can be employed for profit. As a result, such value can be used, and is indeed widely used, in transactions.At the same time, space objects are governed by international space law, which was drafted about five decades ago, when space objects served mainly purposes of political prestige.This dissonance between current uses of space objects and underlying rationale of international law leads to practical problems, related mainly to their registration, which is connected with a variety of consequences, and liability. We shall analyse these problems and propose solutions at the example of air law, adjusted to the particularities of space operations.

SSRN Electronic Journal, 2020

Additive manufacturing or 3d printing enables manufacturing physical objects from three-dimension... more Additive manufacturing or 3d printing enables manufacturing physical objects from three-dimensional digital models by laying down successive layers of material. Technology demonstrations have proved that such material could originate from a celestial body, such as an asteroid or the Moon. Thus, new objects could be manufactured using materials from celestial objects. Most legal orders provide that the manufacturer of a new object acquires original ownership thereon, while eventual property rights over the material used is lost. Such provision could qualify as a recognized general principle of law under Art. 38(1)(c) of the ICJ statute. Ownership through manufacturing might then be acquired, irrespective of the non-appropriation principle of Art. II Outer Space Treaty (OST). This paper examines whether the non-appropriation principle could be circumvented through manufacturing with celestial materials. It is submitted that the OST should prevail, if the non-appropriation principle covers exploitation of space resources. If the non-appropriation principle is inapplicable, then there is no point in examining whether it could be circumvented. In both scenaria, however, the practical question of the ownership of 3d-objects manufactured in space arises. It appears that the manufacturer would enjoy all elements of ownership, without being an owner according to international law. To solve the problem, it would be appropriate to establish an international organization under the UN auspices, at the example of the International Seabed Authority. Such organization would be the international administrator of the celestial resources and could grant tradable exploitation licenses to interested persons or entities against a fee. The fee could be a lump amount or a percentage of the net profits that the person/entity derives from exploitation of the resources. Ownership on the manufactured objects could then be legally recognized under international law, without affecting the non-appropriation principle.

In recent years, Near Earth Objects (NEOs) have caused increasing concerns amongst space scientis... more In recent years, Near Earth Objects (NEOs) have caused increasing concerns amongst space scientists and policy makers. While attacks on earth from NEOs are rare, the atmospheric impact of an about 20-meter asteroid near Chelyabinsk/Russia in February 2013, served as a warning that asteroid/comet strikes could seriously threaten humanity. Planetary defence requires strong international co-operation. Despite the initiatives at UNCOPUOS, international law falls considerably short of addressing issues pertaining to the detection and mitigation of hazardous NEOs.

This paper builds upon the “risk society” of Ulrich Beck to propose the creation of a Convention on Planetary Defence. The Convention will address co-operation issues among States and, moreover, establish a Global Fund for Planetary Defence. This Fund will be used for R&D on NEOs, for identifying best practices in deterring potential attacks, and for compensating relevant damages.

It is suggested, that the Convention creates a stand-alone international organisation that operates the Fund to fulfil the aforementioned objectives. Parallels will be drawn from various existing international/national arrangements dealing with disasters, such as terrorism, nuclear and pollution accidents. Yet, it will be demonstrated that the unique risk of NEOs requires a sui-generis solution. Furthermore, liability and recourse issues, including governmental liability for failing to mitigate NEOs strikes will be analysed.

In modern economy, the fact that some objects are moving in outer space does not deprive them of ... more In modern economy, the fact that some objects are moving in outer space does not deprive them of their fundamental attribute: they are objects, which have a monetary value as long as they can be employed for profit. As a result, such value can be used, and is indeed widely used, in transactions. At the same time, space objects are governed by international space law, which was drafted about five decades ago, when space objects served mainly purposes of political prestige. This dissonance between current uses of space objects and underlying rationale of international law leads to practical problems, related mainly to their registration, which is connected with a variety of consequences, and liability. We shall analyse these problems and propose solutions at the example of air law, adjusted to the particularities of space operations.

Space Traffic Management (STM) is being developed to deal mainly with the problems of satellite o... more Space Traffic Management (STM) is being developed to deal mainly with the problems of satellite operations and space debris. Therefore, it is currently being examined separately from air traffic management (ATM). However, the advent of reusable space vehicles (RLVs) and the increase of private spaceflight operations calls for a joined examination of the STM with ATM. Among others, airspace will be shared by both aircraft and RLVs, while outer space traffic in Low Earth Orbit (LEO) will increase and begin resembling air traffic. At the same time, modernization of ATM worldwide focuses also on satellite-based navigation. Therefore, developing a comprehensive AeroSpace Traffic Management (ASTM), to include both aviation and LEO space flights, could be useful.
In this regard, some core concepts and technologies already developed or under development for ATM could set a useful example. The Automatic Depended Surveillance – Broadcast (ADS-B) technology uses satellite navigation to locate the position of a given aircraft and the aircraft flying nearby, and transmit it to other aircraft and the Air Traffic Control (ATC). The 4d-trajectory management is based on the integration of time into the 3D aircraft trajectory, to ensure flight on a practically unrestricted, optimum trajectory for as long as possible, provided that the aircraft meets accurately an arrival time over a designated point. The System Wide Information Management (SWIM) concept envisages prompt and efficient data sharing among airspace users and Air Navigation Services Providers (ANSPs) through a wide-array network or a centralized flight data processing system. Such concepts and technologies could prove useful to regulate spaceflight traffic to and from LEO, as well as coordinate such traffic effectively with air traffic.
Moreover, developing an efficient ASTM system requires designating competent authorities, which will supervise the service providers. The nature of outer space as res nullius is similar to international airspace, which falls under the jurisdiction of no State. Air traffic in such airspace is controlled through air navigation regional agreements, which designate a specific national or transnational authority as responsible to control the airspace and ensure flight safety, without affecting the international status of the airspace. Similarly, LEO could be divided into zones, for each of which a competent authority can be designated through special international agreements. Such authorities could be linked to a SWIM, which would include both air traffic and space traffic data available to all affected authorities, service providers and aerospace users.