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This book analyses the ability of existing international law to address common vulnerabilities in connection with the recent emergence of small satellites, and how finding consensus in this context can pave the way to the sustainable development of space. The rise of small satellite constellations has produced a paradigm shift in the use of space capabilities, suddenly making them far more available and affordable. This development has in turn sparked substantial global interest in finding ways to capitalize on the new opportunities and to mitigate the challenges posed by these mega-constellations. This work targets precisely that need, offering a valuable asset for readers from the commercial space industry, investors, lawyers, researchers, academics and policymakers alike.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Introduction

Abstract
The year 2018 marks 50 years since the first United Nations Conference on the Exploration and Peaceful Use of Outer Space. The year shall pass and the world would change as it always has. The only constant would be change and the dynamism of law to respond to change and prevail. International space law has been alive to the shifting patterns of technology, geo-politics, geo-economics and has evolved to remain relevant. What remains to be seen is whether it would continue to be as relevant in view of the paradigm shift in the number and variety of actors and issues in space today. Accordingly, this book focusses on a review of traditional concepts in the changed context and explores solutions that are innovative, unconventional and yet contextual as also pragmatic.
Kiran Krishnan Nair

Chapter 2. The Principle of Peaceful Use of Outer Space: Reviewing the Scope of “Peaceful” in the Changed Context

Abstract
As we move into the future, the role of law in maintaining peace in space continues to be relevant, but equally relevant is the role of law in enabling peaceful use of space as is ordinarily understood. A peaceful use not just restricted to conflict prevention, but the wider expanse of conducting affairs in space ‘peaceably’, without fear of debris collisions, environmental degradation and unfair commercial gain, competition among other things. Towards this end, this chapter seeks to go beyond the traditional narrow confines of the treaty interpretation of ‘peaceful use of space’ to a broader, more contextual and pragmatic interpretation.
Kiran Krishnan Nair

Chapter 3. Converging Interests and International Cooperation: Solutions in International Law

Abstract
The number of space actors have now evolved beyond two state contestants to numerous state and non-state actors. The activities in space have also multiplied manifold. Consequently, there is an enormous diffusion of space activities, actors and the avenues for cooperation have risen as never before. This chapter seeks to examine the aspects of how cooperation in space evolved, how international law enabled the evolution, what mechanisms of cooperation exist, the extent to which these mechanisms encourage or inhibit the spurt in civil cooperation and commerce, whether existing legislation can be gainfully adapted to the changed situation, which areas are readily adaptable and which require modification or change in entirety. Legal review and reform for military activity is stagnant because of legacy issues, but the emerging areas of civil convergence, cooperation are novel and hence may be amenable to legal review and reform.
Kiran Krishnan Nair

Chapter 4. Legal Options to Address the Challenges and Opportunities in Small Satellites

Abstract
The surge in mega-constellations of small satellites is an aspect which is both unprecedented and unexpected. It carries opportunity and challenge in equal measure. Consequently, it would be essential to regulate this area to ensure optimal and judicious exploitation. This chapter analyses the ability of international law to address common challenges arising out of the surge in small satellites and how convergence on these challenges carries with it the potential for sustainable development of space.
Kiran Krishnan Nair

Chapter 5. Conclusion and Summary

Abstract
The law relating to space has not changed drastically, what has changed is the context and this drives the need to adapt for contextual applicability. The broad principles of international space law were meant to guide future space exploration and utilization. Consequently, the law by design, is resilient to change and this resilience enables contextual adaptation. This thesis advocates viewing law in abstract, non-traditional terms for application to contemporary issues. Accordingly, a broad based, contemporary interpretation of the principle of peaceful use of space is advocated to envelope the wide variety of challenges to peace inherent in space today. This wide interpretation enables application of the precepts of law of other analogous legal disciplines that enable comprehensive regulation and foster greater international cooperation.
Kiran Krishnan Nair
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