Studia Iuridica Lublinensia最新文献

{"title":"THE CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS FROM THE HUMAN RIGHTS PERSPECTIVE – SELECTED ASPECTS","authors":"Zuzanna Kulińska-Kępa","doi":"10.31338/2544-3135.si.2023-97.5","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.5","url":null,"abstract":"In spite of the Convention on International Liability for Damage Caused by Space Objects being in force for a long time, it has not as yet been analysed from a human rights perspective. While at the beginning of the space age activities in space were associated only with states, the progress on humankind in the conquest of space has significantly changed that. Nowadays, the role of individuals in space operations is growing. The well-established human rights law on Earth also needs to be reflected in regulations concerning outer space. This paper assesses selected aspects of the Convention from the human rights perspective. The analysis encompasses the definition of “damage” along with the possible amount of compensation due to individuals and the different aspects of procedural guarantees available for them. The paper presents two possible routes for obtaining compensation: one through diplomatic channels and another using national channels of launching states. This study offers a de lege ferenda proposal to appeal to state parties to introduce internal regulations aimed at avoiding human rights infringements. Domestic law systems may create legal provisions that may fill the gaps caused by the Convention’s limitations, e.g. by introducing an appropriate insurance system for space passengers.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PROTECTION OF THE SPACE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT AS A PARADIGM FOR THE DEVELOPMENT OF SPACE LEGISLATION","authors":"Katarzyna Malinowska","doi":"10.31338/2544-3135.si.2023-97.6","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.6","url":null,"abstract":"Managing human activity in outer space requires a mixture of tools, including technology, economics, and law. Though technology and economics are of prime importance, the space sector needs a clear, coherent, and adequately granular regulatory environment that ensures its sustainable development and also serves sustainability on Earth. No doubt the law can be a tool for introducing sustainability into the space sector’s daily life. To serve as such, law should be almost as dynamic and agile as the space activity and space environment. The space law should not only be descriptive, but it should also address new concepts such as in-orbit servicing, asteroid mining, etc. By doing so, it should also embrace the technical aspects of space activities even if they are not mandatory by international law. The lawmakers, especially national legislators, must also not be afraid to tackle new areas. The primary duty of national governments is to enhance safety and minimize risk in all, traditional and emerging space ventures, both in material and financial contexts that do not only directly affect their citizens and their assets, but also the environment, which obviously serve the entire society in an inclusive way and on a long-term basis. The purpose of this paper is to provide a voice in the discussion on the concept of sustainable development of space activities and suitability of the existing space regulatory framework. In order to draw some conclusions, it seems necessary to analyse the notion of sustainability against the existing legal framework, so as to state whether it is still up to date in this respect and whether it may contribute to materializing the sustainable development of the space sector. In particular, it is interesting to consider whether the liability regime, including the notion of damage and prerequisites of claims for compensation as adopted in the Liability Convention may still serve its purpose and answer the needs of the shift in the priorities of space exploration. Finally, I intend to consider the possibility of drawing on principles from other branches of law, including in particular, environmental law and insurance law and practice, in order to build legal mechanisms to implement the demands of sustainable development of space. Thus, among other issues, the topic of space environmentalism as well as the coherence of space and earth sustainability instruments will be analysed.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"WHY WAS IT NECESSARY TO APPOINT A DECENTRALIZED AGENCY FOR COHERENT AND SAFE MANAGEMENT OF THE EU SPACE PROGRAMME? COMMENTS ON THE EUSPA’S MANDATE AGAINST OTHER EU AGENCIES","authors":"Anna Magdalena Kosińska","doi":"10.31338/2544-3135.si.2023-97.9","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.9","url":null,"abstract":"The aim of this article is to answer the question of why it was necessary to appoint a specialised decentralised agency for coherent and safe management of the EU Space Programme. This article also analyses the Union’s competences in the area of space policies and investigates the EUSPA’s place in the EU administration system. Finally, the article investigates and presents selected competences of the European Union Agency for the Space Programme (EUSPA) for strengthening EU’s security. This study employs the method of interpretation of the law in force, while EU regulations are subject to a teleological interpretation. The conducted analysis shows that the correctness of the choice of a decentralized agency as an entity responsible for implementing the EU space programme was determined by agencies’ shared features – the fact that they are permanent organs, with legal personality and thus independent as they function outside the Commission’s Directorates. Moreover, agencies affiliate apolitical experts and implement the priority of new public management based on the commercial companies managing model. Thus, the way they operate is more effective and predictable.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE CONCEPT OF LONG – TERM SUSTAINABILITY OF OUTER SPACE ACTIVITIES AND THE INTERNATIONAL RESPONSIBILITY OF STATES FOR SPACE ACTIVITIES","authors":"Dagmara Kuźniar","doi":"10.31338/2544-3135.si.2023-97.7","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.7","url":null,"abstract":"The concept of long-term sustainability of outer space activities is based on rational assumptions regarding outer space as a limited resource, which will inevitably shrink in the long term if States do not take appropriate preventive measures. The arguments for this are all the stronger as it concerns a real threat to the safety of space operations, and what is more, to their continuation in the future. The legal status of outer space determines the responsibility of States for the activities of both governmental and non-governmental entities. The UN COPUOS Guidelines for the Long-term Sustainability of Outer Space Activities strongly remind of this. This is an important element of this document, which should be considered not only in the context of liability for damage caused as a result of space activities, but also in the context of liability for violating the principles adopted in the key treaty of international space law, which is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 27 January 1967. The main purpose of this article is to present the assumptions of the concept and, in their light, to refer to its structural treaty connotations in the field of generally recognized international responsibility of the State for space activities. The study is also intended to show workable solutions adopted in national law that implement the COPUOS Guidelines, as a necessary and inevitable direction of national activity of countries wanting to explore and use outer space safely and responsibly.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE EUROPEAN INTERPARLIAMENTARY SPACE CONFERENCE – THE WAY TO INFLUENCE THE SPACE LAW AND POLICIES IN POLAND","authors":"Bogusław Wontor","doi":"10.31338/2544-3135.si.2023-97.13","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.13","url":null,"abstract":"The article presents the European Interparliamentary Space Conference as an interesting and effective way to collaborate on space law. It shows the path that needs to be followed to join the European Interparliamentary Space Conference. The presentation of its activities is assessed in light of the space governance concept. The European Interparliamentary Space Conference affects the creation of law by national parliaments and the legal regulations of European institutions working for space. It also affects law-making by the European Parliament and the European Commission. The article assesses the role of the European Interparliamentary Space Conference as an actor in the European space arena. It evaluates the ability of the EISC to determine a common strategy for Europe’s space activity, the shape of its space policy, and the directions of the European space industry integration. The history of Poland in the EISC is presented, and the assessment of Polish activities in the forum is characterized. Conclusions underline that the EISC is a significant actor in the space sector in Europe. Moreover, Polish participation in the activities of the ESIC should be more visible, especially at the national level.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377468","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SUSTAINABILITY OF SPACE TRAFFIC MANAGEMENT – ADDRESSING THE ISSUE OF ORBITAL DEBRIS IN THE CONTEXT OF SPACE LIABILITY","authors":"Zuzanna Buszman","doi":"10.31338/2544-3135.si.2023-97.12","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.12","url":null,"abstract":"The problem of managing space debris is not only an international challenge but also an opportunity to preserve this environment for future space exploration missions. As more countries gain the technology and economic means to launch spacecraft, more focus is being exerted on standardizing the procedures of each country and on adhering to new developing norms under international agreements. Over time, the increasing number of launching states proves that space debris mitigation will have to be coordinated and that preventive measures across all stakeholders – both state and non-state actors – will have to be put in place since if one actor fails to do so, this may inevitably affect all others. The article focuses on the analysis of international space law and policy steps undertaken to tackle environmental pollution in outer space, in particular in terms of accumulation of human-made debris and waste material in the Earth’s orbit and beyond. The aim of the work is to analyse to what extent the international legal framework and policy measures are failing in addressing the emerging issue of debris in outer space and to propose policy recommendations in creating a new specialized international organization along with de lege ferenda conclusions for international space law, especially in the context of possible amendments to the Liability Convention and the Outer Space Treaty.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"INTERNATIONAL SECURITY AND OUTER SPACE – TODAY’S LAW CHALLENGES","authors":"Małgorzata Polkowska","doi":"10.31338/2544-3135.si.2023-97.8","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.8","url":null,"abstract":"Space security means safe and permanent access to space and limiting threats coming from there. This definition also includes the security aspects of man-made devices sent into space and of ground stations. Space infrastructure can be described as a network of space and ground systems connected by communication channels and allowing access to space. Today, the largest space powers have begun to consider space as an operational domain of warfare. Space more and more often appears to be a field for competition, which might become an arena of conflict. The aim of this article is to present today’s many law challenges to the security of space infrastructure, such as unintentional threats (space debris, geomagnetic and solar storms, and other random disturbances), intentional threats (ASAT anti-satellite weapons, malicious interference, and cyber-attacks), the growing problems of Earth orbit congestion, and the increasing amount of space debris from devices launched into space. The article also presents the role of international organizations (such as the UN Committee on the Peaceful Uses of Outer space) in making laws that are intended to observe and react to all changes necessary in the outer space environment and to be proactive to help outer space to be safe and secure for all mankind. The conclusion is, however, not optimistic. Space security is a sensitive issue, mainly during conflicts or wars. States are not inclined to bind themselves by international law in this matter. Thus, due to the absence of hard international law (treaties), bilateral and multilateral agreements as well as the best practices from countries that organize space flights must apply. Space monitoring systems, such as the Situational Awareness System (SSA), the code of conduct in space, the UN Long Term Sustainability, or the space Traffic Management rules are legal tools to manage the above challenges in space today.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SOME LEGAL ASPECTS OF INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY MALFUNCTIONING OF SATELLITE NAVIGATION SYSTEMS","authors":"Katarzyna Myszona-Kostrzewa","doi":"10.31338/2544-3135.si.2023-97.3","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.3","url":null,"abstract":"International liability is one of the most difficult legal issues related to satellite navigation applications. The 1972 Liability Convention provides that a launching State shall be absolutely liable to pay compensation for damage caused by its space objects on the surface of the Earth or to aircraft flight, and liable for damage due to its fault in space. The legal situation of artificial satellites, including navigation satellites, is determined by their assignment to space objects. Unfortunately, the term “space object” is also not specifically defined in international space law. The main purpose of this article is to determine whether damage caused by satellite navigation systems can be covered by the Liability Convention, whether the Convention refers only to direct physical damage resulting from the fall or collision of space objects or whether it also encompasses damage resulting from the malfunctioning of a navigation space object and intangible electromagnetic waves. It seems that the present regulations of the Outer Space Treaty and the Liability Convention do not apply to satellite navigation and do not cover the damage caused by navigation’s intangible signals. Unfortunately, it is rather clear that the international community is unlikely to adopt uniform rules on liability for satellite navigation signals in the near future. However, the United Nations and its Committee on the Peaceful Uses of Outer Space remain to be the best platform to work on establishing the principles governing the issue of liability for damage caused by malfunctioning of satellite navigation systems and their signals.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EU SANCTIONS IN THE AVIATION AND SPACE SECTORS ADOPTED FOLLOWING RUSSIA’S AGGRESSION AGAINST UKRAINE","authors":"Katarzyna Michałowska","doi":"10.31338/2544-3135.si.2023-97.10","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.10","url":null,"abstract":"Russia’s aggression against Ukraine stopped many joint scientific space exploration missions and launches of commercial satellites, and resulted in the imposition of economic sanctions that inevitably restrict a number of projects in space. Sanctions have been used by the UN from the 1960s and have grown to be an instrument applied by the international community and individual states to bring about a change in a state’s or individual’s actions and to stop breaches of international law. In the EU, the Treaties also allow imposition of sanctions. The EU sanctions affecting the aviation and space sectors correspond to the EU general legal framework of sanctions, including lists of restricted goods, technologies and services. The nature of cooperation among States in space justifies possible derogations from the restrictive measures and explains why competent authorities may, in strictly defined circumstances, authorize certain transactions. Still, it seems that the lessons learnt from the present situation will accelerate efforts to ensure that the EU is less depended on third states in space projects. The EU’s autonomy in space has now emerged as a strategic objective.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NO PLACE TO CALL HOME. INDIGENOUS PEOPLES AND THE PROBLEM OF HOMELESSNESS","authors":"Daria Ciak","doi":"10.31338/2544-3135.si.2023-96.4","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-96.4","url":null,"abstract":"What is the meaning of the word ‘indigenous’? According to the Oxford English Dictionary, it means: ‘originating or occurring naturally in a particular place.’ Paradoxically, what was first taken away from the people we define by this umbrella term is a place of their own. It is important to realize that not only their birthright to housing and organizing their living space has been violated. The lack of place is also a contradiction of the word ‘indigenous’, and thereby a direct cause of most problems connected with the contemporary situation of indigenous peoples around the globe. That is why, this paper presents research on the topic of homelessness among indigenous peoples. For the purpose of discussing the problem in more detail, the focus is on two particular native groups: Indigenous peoples of America (First Nations, the Inuit, the Métis) and Aboriginal Australians. For the sake of clarity, First Nations, the Inuit, the Métis are referred to as ‘Indigenous’, and native Australians as ‘Aboriginal’, although these two words are in fact synonymous. The aim of this bipartite study is also to compare the situation of native groups and laws that govern public space from two entirely different parts of the world, and to check whether there are more similarities or differences regarding the issue of homelessness.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"207 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75458186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}