Frans G. von der Dunk

Towards one captain on the European spaceship—why the EU should join ESA

Abstract The current European Convention, aimed at shaping the future of the EU, is considering inclusion of ‘space’ as an area of competence in the EU treaties, in order to strengthen the position of Europe in space. While the Commission in this context has contemplated turning ESA into a ‘space agency of the EU’, a much more fruitful approach would be the other way round: for the EU to become a member of ESA. As argued, this solution would have a few interesting precedents, be relatively easy and quick to implement, and kill a number of birds with one stone.

A European “Equivalent” to United States Export Controls: European Law on the Control of International Trade in Dual-Use Space Technologies

This article analyzes the system developed within Europe, more precisely within the European Union through European Community law, to address the security-sensitive issues involved in the export of hardware, software, and knowledge for the purpose of space activities and major space applications. The subject is introduced with reference to the far better known export control developments within the United States, such as those concerning International Traffic in Arms Regulations, and the international understandings under the Missile Technology Control Regime and Wassenaar Arrangement. European Community Regulations for export controls provide for a complex system of balances between national sovereignty and Europe-wide harmonization. This European Community regime, though ultimately still dependent upon individual states sovereign controls, establishes an interesting measure of international harmonization in security-sensitive export controls. Although the European Community regime is fraught with many ...This article analyzes the system developed within Europe, more precisely within the European Union through European Community law, to address the security-sensitive issues involved in the export of hardware, software, and knowledge for the purpose of space activities and major space applications. The subject is introduced with reference to the far better known export control developments within the United States, such as those concerning International Traffic in Arms Regulations, and the international understandings under the Missile Technology Control Regime and Wassenaar Arrangement. European Community Regulations for export controls provide for a complex system of balances between national sovereignty and Europe-wide harmonization. This European Community regime, though ultimately still dependent upon individual states sovereign controls, establishes an interesting measure of international harmonization in security-sensitive export controls. Although the European Community regime is fraught with many complexities, it manages to avoid some of the pitfalls evident in the United States and international regimes, notably the confusing discussions on discerning weaponry proper from other space items with dual-use potential. This is the result mainly of an approach characterized by a primary intention to harmonize, rather than to apply strict controls per se, resulting in a transparency and consistency that are not only valuable to commercial entrepreneurs, but also to those concerned primarily with the security risks posed by the international space industry. As for the space industry in particular, it is helpful that the European Community regime specifically carves out civil space activities, for example if conducted within the context of the European Space Agency or national space agency activities.

The role of law with respect to future space activities

Abstract With the enormous increase of space activities the question arises as to what extent law does or should play a role in preserving the interests of mankind at large in the use of outer space. Furthermore, it should be asked whether the present legal framework requires only slight modification, or a complete overhaul, in order to cope with these developments. It is concluded that the law as it stands today provides a largely satisfactory regime for the time being, whereas establishment of a new regime from stratch would create far more problems than it would solve.

National Space Legislation in Europe

The book deals with the main themes in implementing international space law vis-a-vis private enterprise theme by theme, with a specific focus on Europe in view of the complicating roles of ESA and the European Union in this context.

Space law in the age of the International Space Station

This article focuses on the special context where humans from various nations work and live together in one orbiting laboratory, the International Space Station (ISS), and the legal rules pertinent to those activities. This essentially concerns the application of an existing body of international treaties on space and space activities to the ISS, as well as the special legal framework that has been established to deal with the various ramifications of this very international operating environment. Within that context moreover, the specific European parameters stemming from the fact that the European Space Agency (ESA) serves as the vehicle for the participation of 11 European states in the ISS deserve special attention. The totality of this set of rules, though in several instances not yet elaborated as extensively as might be desired, does provide for a dedicated comprehensive legal framework that may serve as an interesting example of international space law also with a view to future developments.

Ukrainian national space law from an international perspective

Abstract As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonising its legislation with that of its international political and economic partners and of creating clear guidelines for investors. This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the effect of international cooperation on Ukrainian space law development.

Space for celestial symphonies? Towards the establishment of international radio quiet zones☆

Abstract The growth of low- and medium-Earth orbit mobile satellite communications poses a threat to radio astronomers which could be mitigated by the establishment of international radio quiet zones (IRQZs), where communications traffic is managed (not eliminated) to allow radio astronomy to continue. Using the prototype of national such zones in the USA, this article explains how the system would work and discusses the international legal parameters that would bound it, drawing on current aerospace, outer space and high seas legislation. Precedents for an IRQZ—Exclusive Economic Zones, denuclearised zones and the Antarctic regime—are also examined.

Shaking the Foundations of the Law: Some Legal Issues Posed by a Detection of Extra-Terrestrial Life

If extra-terrestrial life was detected, this would inevitably raise a number of legal issues. The most important ones may actually shake the very foundations of ‘the law’ as a man-made instrument designed to regulate human behavior in one form or another, given that by definition we would be encountering non-human life. The actual extent of challenges to the concept of ‘the law’ however would also depend upon the level of intelligence and advancement of such extra-terrestrial life. Firstly, it might be much less intelligent and advanced than human life, in which case it would likely have no concept such as ‘law’. Should this mean that we humans could treat these extraterrestrials as animals, as objects of the law with rights requiring advocacy rather than agents with the capacity to speak for themselves? Secondly, extraterrestrial life may be roughly as intelligent and advanced as human life, in which case it is likely to have a concept similar to the concept of law. In which case humanity should probably strive for a compromise ‘meta-law’, arranging the respective spheres of application of human-made law and the comparable extra-terrestrial system. Finally, extra-terrestrial life may be much more intelligent and advanced than we are—in which case humanity is in trouble. The applicability of our concocted terrestrial law, vis-a-vis those extra-terrestrials, or even amongst ourselves, would depend on such extraterrestrial life. Humanity could end up being the ‘object’ of their system of ‘law’, or whatever has taken its place. (A scenario which is reminiscent of the zoo hypothesis: the idea we are here as an object for the observation of superior forms of intelligence.)

Regulation of Space Activities in The Netherlands

The Netherlands, being aware of its relative size when compared to the major spacefaring nations not only globally but also in the European context, has always addressed outer space and space activities from the perspective of the role it could feasibly play.

Integrated applications: a new way forward for Europe — Some legal thoughts

At the most recent ESA Ministerial Council, it was decided amongst others to establish an Integrated Applications Promotion (IAP) programme, essentially combining in one infrastructure Earth observation, telecommunications and navigation applications. ESA’s website itself announced in somewhat greater detail: “The Integrated Applications Promotion (IAP) programme (ARTE S element 20, Phase 1) will foster the use of integrated space systems and technologies (telecommunications, Earth observation, meteorology, etc.) alone or in combination with a variety of terrestrial systems, in a wide range of operational services for society and public policies (natural disaster monitoring and mitigation, search and rescue). The programme is based on two elements: basic activities (raising awareness of the potential users, identifying potential new services and preparing new projects for demonstration) and demonstration activities (projects that will lead to pre-operational services). Service providers, industry and user institutions will be involved from the outset with a view to their taking over the service when the activity is mature enough to lead to sustainable operational services.” 571