“Space Law – An Emerging Branch of Law”
Neta Palkovitz
Legal Adviser, ISIS- Innovative Solutions In Space B.V.;
International Institute of Air and Space Law, Leiden University
Gdansk International Air & Space Law Conference
15 of November, 2013
Outer Space Treaty, 1967
Rescue Agreement, 1968
Liability Convention, 1972
Registration Convention, 1975
Moon Agreement, 1979
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The UN Space Treaties:
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Since then no new binding UN space law treaties, however,
soft law instruments were proposed by various entities.
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In some respects space law is still an emerging branch of law,
especially when considering national space legislation,
environmental issues, and legal lacunas related to innovative
space activities.
Developments in Space Law as Ilustrated
by the Case of Small Satellites
What are Nano-satellites and CubeSats?
Small Satellites < 1000 kg
100-1000 kg: mini
10-100 kg: micro
1-10 kg: nano
0.1-1 kg: pico
CubeSats:
~10x10x10 cm: 1U
~20x10x10 cm: 2U and so on…
Launched as auxiliary payload
Size, Use & Philosophy
1 kg spacecraft

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Education & training
Component testing
2-3 kg spacecraft

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Small research missions
Precursor missions
3-10 kg spacecraft

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low rate communication
Network solutions
10-20 kg spacecraft

Compact EO missions
Benefits
Low Cost: accessible to all nations, including “developing countries”
Platform for scientific research/educational missions
Technology demonstrations
Standardization allows for international cooperation
Challenges
Usually non-manoeuvrable once deployed into orbit
“An international network of 50 double
CubeSats for multi-point, in-situ, longduration measurements in the lower
thermosphere and for re-entry research.”
Altitude of ~380 km, below the ISS
The satellites are developed and owned by diffenent entities worldwide
Carrying identical sensors
Study the re-entry process and technology demonstrations
Mission control centers in Europe, North America & Asia
First project to create such wide international collaboration in outer space
First space mission for some participating nationalities
Legal Development and Implementation:
•
National space legislation:
 State responsibility (Art. VI Outer Space Treaty)
 General issues relating to liability
(Art. VII of OST & Liability Conv.)
 Registration (Art. VIII of OST & Registration Conv.)
• ITU frequency allocation and amature
bands (ITU RR)
•
Space debris mitigation
•
Air-launches (regulation of suborbital flights)
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While international space law originated decades ago, “space law”
may nonetheless be regarded as an emerging branch of law,
especially when considering national space laws and contemporary
space activities.
The case of nano-satellites illustrates the need to interpret the
provisions of the space treaties and relevant national space laws in a
manner which corresponds with the use of innovative space
technologies.
A comprehensive legal regime should address state responsibility,
liability and registration issues, in order to clarify the distribution of
rights and obligations between private entities in the space industry
and the states concerned.
Many developments to come!
Thank You!
npal@isispace.nl