Proceedings of the Workshop - United Nations Office for Outer ...

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It is within this context that, together with the Republic of Korea, we have organized thisworkshop to address the United Nations Treaties on Outer Space: Actions at National level. It isthe first regional workshop being convened for the benefit of countries in the Asia-Pacific region.We plan to hold other regional workshops in 2005 and subsequent years.The Office hopes that this workshop will contribute to increasing understanding and acceptanceof the United Nations treaties on outer space, particularly in the Asia-Pacific region. As many ofyou may already know, the Office serves as the Secretariat for the United Nations Committee onthe Peaceful Uses of Outer Space. Through this Committee the United Nations developed fivetreaties on outer space: the historic Outer Space Treaty of 1967; the Rescue Agreement, theLiability Convention, the Registration Convention and the Moon Agreement. These treaties willbe discussed in more detail during the workshop. Over years, the General Assembly has urgedStates that have not yet become Party to these treaties to consider ratifying or acceding to them,as well as incorporating them in their national legislation.The United Nations treaties on outer space establish an international legal regime forouter space. It provides a number of benefits to countries that become party to the treaties, andmany are relevant in practice to all countries, whether developed or developing, and whether“space-faring” or “non-space-faring”. Raising awareness of the United Nations treaties on outerspace within national governments is therefore an important step towards further increasing theirlevel of participation.Finally, briefly on the structure of the workshop, two groups will meet during the courseof the workshop. The Government Official Segment is being structured to benefit especiallygovernment officials, particularly those from Ministries of Foreign Affairs and Justice. Thissegment will provide a detailed briefing on the United Nations treaties on outer space, as well asnational registries and licensing regimes. The Space Law Specialist Segment has been designedfor participants with advanced knowledge in space law. In this segment, the participants will beinvited to discuss specific issues related to the United Nations treaties on outer space.I hope that this workshop will be able to identify specific and feasible actions that couldbe recommended to help build capacity in space law. We would like to ensure that this workshopis useful and relevant to your work after you return to your countries. As we believe many of youwould act as important sources of information on space law in your countries, we are distributingseveral reference documents, including a compilation of existing national space laws, for you totake back home.A number of legal texts are also available on the web site of the Office for Outer SpaceAffairs. These include not only the texts of the United Nations treaties, legal principles developedby the United Nations and other General Assembly resolutions on outer space matters, but alsotexts of national space laws, bilateral and multilateral agreements, and documents prepared by theOffice on issues before the Legal Subcommittee. You can find the Office’s Web address on someof the information documents that we have handed out today.The Office also began to build an information network for professionals interested in oractively involved in the development of space law. We will be adding the names and contactdetails of all participants of this workshop to a mailing list of the Office, for the purpose ofdisseminating updated information on space law in the future. We look forward to staying intouch with as many of you as possible, and will do our utmost to meet any requests forinformation in the years ahead.Thank you for your attention; I look forward to fruitful discussions in the next few days.
_____________________________________________________________National Space Policiesand Institutions
Page 1 and 2: PROCEEDINGSUnited Nations/Republic
Page 3 and 4: This document has not been formally
Page 5 and 6: IntroductionIn 1999, the Third Unit
Page 8 and 9: Governmental Official SegmentIntrod
Page 10 and 11: Opening Statements
Page 12 and 13: At the close of the workshop in The
Page 14 and 15: key treaties, new developments in s
Page 16 and 17: us to take another big step in our
Page 18 and 19: Closing RemarksI believe that this
Page 22 and 23: United StatesNational Aeronauticsan
Page 24 and 25: Space Act Origins -Political Climat
Page 26 and 27: Space Act Origins - CivilianSpace A
Page 28 and 29: Scope of theSpace Act Act carefully
Page 30 and 31: Space Act: Variety of Applications
Page 32 and 33: Section 203(a): NASA shall:Applicat
Page 34 and 35: Application ofSpace Act Section 203
Page 40 and 41: ___________________________________
Page 42 and 43: JAPAN AEROSPACE EXPLORATIONAGENCYUn
Page 44 and 45: JAXA Organizational StructurePresid
Page 46 and 47: Medium-term Plan (Services to the P
Page 48 and 49: Principles for Consolidation Priori
Page 50 and 51: Next Generation Main Launch Vehicle
Page 52 and 53: Using Space Technology to Help our
Page 54 and 55: Supporting the Development of Domes
Page 56 and 57: Launch ScheduleJFY 2003 JFY 2004 JF
Page 58 and 59: 2ContentsI. Space related Organizat
Page 60 and 61: Space Organizations and Institution
Page 62 and 63: 6► KARI (Korea Aerospace Research
Page 64 and 65: 8II. National Space ProjectsPast Pr
Page 66 and 67: Earth Observation SatelliteNational
Page 68 and 69: 12OMPSAT - IOSMI Image
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14Sounding RocketNational space pro
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Earth Observation SatelliteNational
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Geo-Stationary SatelliteNational sp
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III. Long-Term Space Plan1999KOMPSA
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IV. Current IssuesSpace Law► Kore
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Current issue25Future National Sche
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CURRENT SCENARIO• Uncoordinated a
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RELEVANT ISSUES• Legal and admini
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ADMINISTRATIVEINFRASTRUCTUREGoal :
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NATIONAL SPACE AGENCYImplementation
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UNITED NATIONS/REPUBLIC OF KOREAWOR
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The Space Activities ActThe objecti
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Space Licensing & Safety OfficeResp
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Australian Government Space Forum
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Ensuring Access to Space Services
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Growing the Private Sector• Satel
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operation: the Indian National Sate
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The trust areas of the proposed pol
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“Outer space was a new field and
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Another important forum in discussi
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interest in the utilization of spac
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1.3. Other Governmental Institution
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United Nations / Republic of KoreaW
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The Strategy• The development and
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Operational applications to support
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Training & Education Activities of
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Participants Trained in GIS and Rem
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A particular importance to the COPU
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The awarenessMorocco continues its
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The technical needs• UN or Agenci
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___________________________________
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1. National Space Policy Internatio
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Thailand supports and has participa
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Main ActivitiesFollowing the object
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Origins and Characteristics of theS
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Origins and Characteristics ofthe S
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The Spirit and Letterof the Law•
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"Province of All Mankind"• Not th
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NonappropriationNo national appropr
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"Peaceful Purposes"on Celestial Bod
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• International law applies- Spac
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Questions,Comments?
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Principles Adopted bythe General As
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Different Kinds• Purports to stat
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How Are They Construed?Case-byby-ca
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• Pre- and postExamination of Vot
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Space Declarationsand Resolutions
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Space Principles Adopted bythe Gene
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Declaration of Legal PrinciplesGove
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Direct Television• AddressesBroad
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Remote Sensing Principles• “Pri
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Remote Sensing PrinciplesObligation
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Principles on Nuclear Power• Gene
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Principles on Nuclear Power Sources
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Declaration on International Cooper
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Declaration onInternational Coopera
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Questions,Comments?
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ContentsINTERNATIONAL INSTITUTE OFA
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A. Non-appropriationINTERNATIONAL I
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C. Free for exploration &useINTERNA
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E. Internationalco-operationINTERNA
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4. State responsibility,liability &
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B. State liability:Article VIIINTER
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C. Registration spaceobjects & juri
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A. Military usageINTERNATIONAL INST
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C. Role IGO’sINTERNATIONAL INSTIT
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6. Formal clausesINTERNATIONAL INST
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7. The OST in a widercontextINTERNA
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What is ‘space law’? (2)INTERNA
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N.B.: ‘space activities’INTERNA
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the need for the general principles
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3. Obligations relating to Rescue a
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a) Rescue operations within the jur
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then it has to bear the expenses it
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Two, compulsory settlement of dispu
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Liability Conventionand national li
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Liability Convention and national l
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These agreements may• put the ris
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ConclusionsLiability Convention and
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Conclusions (3)Liability Convention
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Space Law Specialist segment
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Table of ContentsPART IOverview upo
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Non-Appropriation Principle : Histo
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Non-Appropriation Principle : Histo
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Inherent Limitation Absence of lega
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Part IIProperty Rights through the
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Civil Law Concept of Property The R
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Case for right to use without owner
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Property Rights and Market Proposes
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Efficiency in the property rights r
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Merit of Law & Economics Paradigm I
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Property rights allowed in the comm
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SystemTransponder Number36-MHz unit
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Implication of the property rights
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Concluding Remarks and Discussion
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Discussion points As an appropriati
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RUSSIAN FEDERAL LAW ON COMMERCIAL S
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Commentary on Emerging System of Pr
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who are of the opinion that only na
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3. ConclusionHere, I would like to
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In this commentary paper, what I wo
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Table of Contents1 Interpretation o
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Status of Outer Space TreatyIf Oute
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Implication of non-appropriationof
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Why private appropriationprohibited
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Obligation of StatesArt. I Free acc
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Analogy of Deep Seabed (1)Moon Trea
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De Facto Appropriation?OST Art. 8St
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Current Legal SituationCelestial Bo
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Example of Territorial Claim1 1976
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Measures taken by the authorities
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Towards Equitable Uses of OuterSpac
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Equitable Uses of Space (3)Other Ch
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Commentary on Emerging System of Pr
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The validity of this principle can
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The Outer Space Treaty sets forth c
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Art VI of Outer Space TreatyArticle
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VI Outer Space Treaty can be an imp
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A Commentary to the Article VI of t
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According to my personal opinion, S
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Nevertheless, the bearing of the re
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Article VII (International Responsi
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Article VI of the OST: General Feat
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Article VI of the OST: General Feat
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Article VI: Qualification of nation
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Article VI: The appropriate State
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Article VI : the obligation of auth
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Rescue Agreement1968 Rescue Agreeme
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Agreement. Any dispute would theref
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high seas. It imposes an obligation
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that the Launching Authority is und
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Finally, even though it can be argu
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3. The Permanent Mission of the Uni
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Discussion Paper:1968 Rescue Agreem
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Status on 1 September 2003• 88 St
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States with Obligations• Articles
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Scope of Application• Rescue Agre
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Rescue & Return of Astronauts• Ar
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Search & Rescue within territory of
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Return of AstronautsArticle 4• Im
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Recovery & Return of Space ObjectsA
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Expenses of Recovery & Return• Ar
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Rescue Agreement andCustomary Inter
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Reasons for Ratification - 11. Alth
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Reasons for Ratification - 33. The
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Conclusions• The provisions in th
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Second, an increasing number of sta
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not claim any reparation from Germa
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IV.Other Questions on the Rescue Ag
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Commentary to the DiscussionPaper
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1 Desirability of universalacceptan
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Increasing Commercial Uses ofOuter
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The necessity of expressconditions
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2 Rescue Agreement ascustomary inte
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Express Case (2)15 Jan. 1995 launch
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Easiness acceding to the RescueAgre
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Points Considered (2)Art. 4 shall b
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Current situation easier to ratifyt
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(1) Launching state 2States which p
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(2) Prospective Space AssetsProtoco
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The status of int’l organization1
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Liability Convention and National L
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with any certainty the extent of th
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“In the event of damage being cau
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influence over the operation and co
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the definition of “space objects
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entry of Cosmos-954 would be a reco
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present a claim. 97 If neither Stat
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Both the Australian and the Russian
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space object from the United Kingdo
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Figure 1. Summary of Liability Issu
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due diligence was exercised. 142 In
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place in international maritime and
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RICKY J.LEE & ASSOCIATESBARRISTERS
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Liability Convention1972 Liability
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Suborbitals / A ttem p tsSuborbital
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FaultArticle III of th e Liability
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Direct Dam ageLost time andearnings
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Moralan d Punitive Dam agesThe Unit
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Procedure:Right to ClaimRight to cl
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Dom estic ResponsesThe Liability Co
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Launching StateMost States refer to
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Com pulsory In su ran ceU.S.law req
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RICKY J.LEE & ASSOCIATESBARRISTERS
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IntroductionSpace Activities import
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Liability ProvisionsArt. I Introduc
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1. ApproachArt. I - define damageCa
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Domestic ImplementationA. Provision
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ConclusionThe Liability Convention
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informed research on the Convention
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1.4. Application of Article VIII of
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1. Provision of InformationArticle
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and with opinio juris after ratific
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Registration Convention• 12 Artic
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The Need for Revisions• Clarifica
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Launching state: transfer ofownersh
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Launching state: procurement• Dis
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Space object• The status of those
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Provision of information• Article
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Customary law• 45 parties; some a
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Conclusion• An important legislat
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___________________________________
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2. The Rescue AgreementThe Workshop
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Annex IIProgrammeMonday, 3 November
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19:00 ReceptionTuesday, 4 November
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16:20 - 18:00Meeting Room (M-118)Go
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09:30 - 10:40Discussion and Observa
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Annex IIIUnited Nations/Republic of
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Family Name, FirstName20. Chung, Wo
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Family Name, FirstName40. Kang, San
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Family Name, FirstName61. Lee, Whie
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Family Name, FirstName80. Shin, Kak
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United Nations Office for Outer Spa
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