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Legal regime of mining in space
Synková, Andrea ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
Due to the growing interest of states and private companies in space natural resources, the topis of the legal regime of mining in space is very actual. The purpose of this thesis is to formulate aspects of the legal framework of mining in outer space, which has not yet been created, but its foundations and key princpiples can be deducted from current international treaties and international customs. Currently, there is no consensus on whether commercial mining should even be permissible and whether the ownership of space natural resources is in accordance with international law. For this reason, this thesis presents some views of states, supranational bodies and experts in order to present the arguments of supporters and opponents of commercial mining in space. The contours of the space mining legal regime are also outlined by international expert group initiatives as well as some soft law, while this thesis briefly presents the content of the most iportant of these - the Artemis Accords and Building Blocks. This thesis further attempts to formulate the current interpretation issues of the Outer Space Treaty and offers different point of view on the solution of these issues. This thesis further analyzes the current national legislation on the acquisition and ownership of natural space resources,...
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Ownership and liability while space mining on the Moon and asteroids
Sviatkin, Ivan ; Bílková, Veronika (referee)
Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...
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Ownership and liability while space mining on the Moon and asteroids
Sviatkin, Ivan ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...
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Legal regulation of the status of private persons in space law
Zíka, Tadeáš ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Legal regulation of the status of private persons in space law Abstract This thesis deals with the issue of regulation of rights and obligations of private persons in space law. It aims to determine to what extent public space international law addresses private persons, what obligations international treaties impose on private persons and how states adapt them into their national legal systems. The first chapter of the thesis presents the historical background against which space law has developed and which has had a significant impact on its current form. Subsequently, space law is defined, placed in the context of public international law and compared with the most similar legal regimes - the law of the sea, the law of the airspace and the Antarctic treaty system. The second chapter focuses on introducing the various space treaties that form the core of international space law. These treaties are the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention and the Moon Agreement. In addition to a general introduction, the thesis focuses in particular on those provisions from which implications for the activities of private parties can be inferred. The chapter also introduces key international governmental and non-governmental organizations active in the field of...
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The Outer Space Treaty in the Context of 21st Century
Žaludová, Zuzana ; Hofmannová, Mahulena (advisor) ; Lipovský, Milan (referee)
THE OUTER SPACE TREATY IN THE CONTEXT OF 21ST CENTURY ABSTRACT The Outer Space Treaty is the fundamental legal document of space law and this year it celebrates 50 years since its adoption. Questions are being raised among the international community about the relevance of the Treaty in the context of 21st century mostly given the completely different conditions at the time of its adoption and at present. Reasons for such a debate is the current development in the field of space and technology, which is not covered by the Outer Space Treaty or any other relevant binding convention. New possibilities to explore space are emerging, especially among the private actors and activities vary given its nature, from commercial to military. And within the 50 years these new options also slowly contribute to serious environmental problems, which were not of such importance and priority as they are now. Besides these issues, the space law is characterized by its high fragmentation and no common standard for national legislation in this field. Given these challenges the scholars and specialist agree, that the contemporary legislation does not provide a necessary framework to ensure the peaceful use of space and its future safety. The question is, what future will have the Outer Space Treaty in context of the...
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Article VI of the Outer Space Treaty and its implementation in Czech Republic
Štenclová, Klára ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
Title of the thesis in English Article VI of the Outer Space Treaty and its implementation in Czech Republic Abstract This thesis deals with the international responsibility of the state for national activities in outer space, and more specifically with issues related to such responsibility as the interpretation of Article VI of the Outer Space Treaty and its implementation in national legislation, especially in the Czech Republic. The aim of this work is to comprehensively describe and then analyse the legal regime of space law, focusing on Article VI of the Outer Space Treaty and its effects on legal regulation in the Czech Republic. The first and second parts of the thesis present the general theory and development of space law, together with the presentation of the responsibility of the state under international public law, and in this case also subsequently described with reference to space law. The third part of the thesis focuses on the creation of Article VI of the Outer Space Treaty and analyses its provisions. It raises its issue, in particular, the vagueness of the terms contained in the article and this, consequently, constitutes a difference of interpretation of that article. This part also addresses the links of Article VI to Articles VII and VIII of the Outer Space Treaty. The fourth part...
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Legal regulation of space objects
Turoň, Jiří ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
[Legal regulation of space objects] Abstract The space sector has experienced an unprecedented boom in recent years. The number of launched space objects is constantly rising, and new technology allows people to reach outer space much more efficiently than before. At the same time, private companies have taken interest into outer space and are looking for ways to generate profit from the final frontier. But how are issues related to the outer space and cosmic objects addressed legally? Where does outer space begin and what can be defined as a cosmic object? Although the space shuttle took off into an orbit like a rocketship, it returned to the Earth's atmosphere like an airplane. So, will it be space or aerial object? Or maybe both? There are many interesting and complex issues associated with space law and space objects. However, international treaties that form the basis of space law went into force more than 50 years ago. Will those legal institutes that were created in a completely different geopolitical situation be obsolete? Does current space law give us satisfactory answers to questions of jurisdiction or liability for damage caused by space objects? The diploma thesis tries to find answers to these, and other questions related to space law in the context of space objects. At the same time, however,...
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Contemporary Challenges of Space Debris Removal: Overview and Outlook
Vojáková, Eliška ; Doboš, Bohumil (advisor) ; Pražák, Jakub (referee)
CHARLES UNIVERSITY FACULTY OF SOCIAL SCIENCES Institute of Political Studies Department of International Security Studies Contemporary Challenges of Space Debris Removal: Overview and Outlook Abstract in English Author: Eliška Vojáková Study programme: Security Studies Supervisor: Mgr. Bohumil Doboš, Ph.D. Year of the defence: 2021 Abstract The sustainability of the outer space environment is necessary for all actors to execute all existing and future human space operations safely. While the severe negative consequences of the uncontrolled space debris population are not new, government agencies and intergovernmental organizations' initiatives to lessen the predicament continue to be insufficient. Scientific research and simulation models show that mere mitigation measures cannot stop the ongoing degradation of the outer space environment polluted from the past space missions. Instead, research supports the development of space projects designed with a primary objective to remove debris from space. National administrations attempt to cooperate at the international level to formulate uniform debris mitigation standards and hold each other mutually accountable for worsening the space debris situation. However, joint public international missions to actively remove debris remain unthinkable. The privatization...
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The Outer Space Treaty in the Context of 21st Century
Žaludová, Zuzana ; Hofmannová, Mahulena (advisor) ; Lipovský, Milan (referee)
THE OUTER SPACE TREATY IN THE CONTEXT OF 21ST CENTURY ABSTRACT The Outer Space Treaty is the fundamental legal document of space law and this year it celebrates 50 years since its adoption. Questions are being raised among the international community about the relevance of the Treaty in the context of 21st century mostly given the completely different conditions at the time of its adoption and at present. Reasons for such a debate is the current development in the field of space and technology, which is not covered by the Outer Space Treaty or any other relevant binding convention. New possibilities to explore space are emerging, especially among the private actors and activities vary given its nature, from commercial to military. And within the 50 years these new options also slowly contribute to serious environmental problems, which were not of such importance and priority as they are now. Besides these issues, the space law is characterized by its high fragmentation and no common standard for national legislation in this field. Given these challenges the scholars and specialist agree, that the contemporary legislation does not provide a necessary framework to ensure the peaceful use of space and its future safety. The question is, what future will have the Outer Space Treaty in context of the...
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Current problems of the use of outer space and celestial bodies
Krejčí, Jan ; Kochan, Jan (advisor) ; Trávníčková, Zuzana (referee)
This thesis focuses on problems of the use of outer space and celestial bodies, namely on problems of space debris, use of space resources and further development of the space law. The objective of the thesis is to identify possible solutions to these problems. Analyzing the problems of space debris, we came to the conclusion that it is necessary to continue in implementing directives and international treaties about mitigation of space debris as well as in development of technologies for active removal of space debris. The problems of the use of space resources were addressed using the present space law and failed attempts to appropriate parts of the outer space and celestial bodies. By means of legal documents of UN, international treaties and directives, we revealed the trend in the international space law which lies in more and more voluntariness of legal instruments. The result is finding out that cosmic cooperation takes place more on the level of cosmic agencies and less on the level of states. Contribution of this thesis consists in the presentation of current trends in the cosmis law and in the use of outer space and celestial bodies.
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