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E-grāmata: Urgent Need for Regulation of Satellite Mega-constellations in Outer Space

  • Formāts: EPUB+DRM
  • Sērija : SpringerBriefs in Law
  • Izdošanas datums: 21-Feb-2023
  • Izdevniecība: Springer International Publishing AG
  • Valoda: eng
  • ISBN-13: 9783031192494
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  • Formāts: EPUB+DRM
  • Sērija : SpringerBriefs in Law
  • Izdošanas datums: 21-Feb-2023
  • Izdevniecība: Springer International Publishing AG
  • Valoda: eng
  • ISBN-13: 9783031192494

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This book calls for the urgent regulation of satellite mega-constellations in outer space, proposing a new model of international regulatory coordination, in order to ensure the sustainable balance of science and advanced telecommunications. We are currently witnessing expansion of the Internet off our planet. The proliferation of new space-based internet connectivity has been accompanied by much discussion about the potential impact on astronomy. Scientists are increasingly concerned that mega-constellations proposed by SpaceX, OneWeb, Amazon and Facebook, might wreak havoc on scientific research and transform our view of the stars. These commercial operators plan to launch hundreds of thousands of satellites into Low-Earth Orbit (LEO) in the coming decade, representing a 1000% increase on objects currently in orbit. This book examines this new space race in the context of historical rivalries, for it is clear that mega-constellations are being actively pursued by a US administration determined to dominate LEO as tensions with China rise. This creates a risk of interference with earth-based scientific activities that use optical and radio frequency techniques to study the universe. This book examines these developments in the context of the Outer Space Treaty (OST), which provides all States with the freedom of scientific investigation, exploration and use of outer space, while balancing this with obligations to avoid interference with the space activities of other States. It draws upon interviews with some of Europes leading astronomers in order to highlight the extent to which the issue will require legal and regulatory reform of mega-constellation licensing processes, to ensure the integrity of astronomical science is preserved. The race to dominate LEO also comes at a time when the monopolistic power of Facebook, Amazon and other TechGiants, is under renewed scrutiny in western democracies. The author argues that a new governance framework for launch and operational licenses is urgently required, in which impact risk assessments, scale and proportionality, and stakeholder consultation processes should play important roles. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must bereinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community whose skill-set does not generally involve leading regulatory strategies engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.
1 The Orbital Internet and the Threat to Astronomy
1(4)
2 The Diplomacy of Science in a Time of Geopolitical Change
5(16)
2.1 The Building Blocks of detente in the Global Commons
7(3)
2.2 Scientific Cooperation and Consultation as Mechanisms of detente
10(2)
2.3 The Role of Consultation Beyond the Cold War Era
12(3)
2.4 Cooperation and Competition in Space Exploration and Astronomy
15(2)
2.5 Concluding Remarks
17(1)
References
18(3)
3 The Outer Space Treaty and Responsibility Under International Law
21(36)
3.1 The Race for Control of the Orbital Internet
22(3)
3.2 American Technology Giants and the Quest for Full Spectrum Dominance
25(5)
3.3 The Impact of Interference with Science Is Borne by Science
30(6)
3.4 State Responsibility for Commercial Space Activities
36(5)
3.5 Due Regard, the Precautionary Approach, and the Prevention Principle
41(5)
3.6 A Fundamental Right to the Stars?
46(5)
3.7 Concluding Remarks
51(2)
References
53(4)
4 Establishing a Governance Framework for the Orbital Internet in Outer Space
57(20)
4.1 The Tragedy of the Commons
59(2)
4.2 Treating LEO as a Finite Resource
61(5)
4.3 A New Model of "International Regulatory Coordination"
66(1)
4.4 Bolstering National Processes for Authorisation, Supervision, and Consultation
67(3)
4.5 Recommendations for National Regulatory Reform
70(2)
4.6 Concluding Remarks
72(2)
References
74(3)
5 Towards Temperance Through Proportionality
77(48)
5.1 Challenges to the Concept of Outer Space as a Global Commons
81(7)
5.2 Proportionality and "Abuse of Rights" in International Law
88(4)
5.3 Good Night Dark Sky?
92(7)
5.4 Corporations and Concerned Citizens Come to the Defence of Science
99(11)
5.5 Reinvigorating the Diplomacy of Science in Europe
110(8)
5.6 Temperance as a Balancing Act
118(3)
5.7 Concluding Remarks
121(1)
References
122(3)
6 A New Regulatory Framework for Mega-Constellations
125(8)
References
132(1)
Appendix
133
The Outer Space Treaty (1967)
133
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967)
133
Scott Millwood LLM is former EU Regional Manager, International Relations at the German Aerospace Centre, Deutsches Zentrum für Luft- und Raumfahrt (DLR), and a telecommunications & space lawyer who has worked with industry supporting global network infrastructure in Europe and the APAC regions. As a former Chief Privacy Officer & General Counsel in telecommunications, he brings a strategic mindset to regulation of the burgeoning space sector. In recent years he led enterprise transformation, digitalisation, and network preparation for 5G and the IoT, and provided advice to government on security of space-based assets. He contributes to debate on Artificial Intelligence, megaconstellations, surveillance, cybersecurity and regulatory reform. He holds an Advanced Masters in Air & Space Law from Leiden University, a Masters in German & EU Law from Humboldt Universität zu Berlin, and is a member of the International Institute of Space Law (IISL). He has made documentary films for public broadcasters and National Geographic Channel.