Risk Management in Outer Space Activities: An Australian and New Zealand Perspective

ISBN-13: 9789811647550 / Angielski / Twarda / 2022 / 180 str.

Maria Pozza

Spis treści

Chapter 1:  

Offers a comparison between Australia and New Zealand’s space legal regime and introduces the concept of risk

Chapter 2: 

1. Risk Management and Legal Compliance in Space – background and context

a. Historical development of space activities

b. The rise of risk and commercial space actors

2. What is risk in space; examples of typical high-level risk assessment associated to space operations and systems

a. Debris 

b. Launch

c. Persons

d. Payloads 

3. How do we implement management over risk in space

a. An overview of Space Operations and Systems – core infrastructure risk 

i. Data

ii. Information transfer

iii. Equipment

iv. Launch site

b. risk management and compliance

i. An overview of international legal obligations associated risks

1. Outer Space Treaty

a. Activities 

b. Restrictions

2. Liability convention

a. Fault and liability under 

3. ITU – radio transmission and spectrum allocation

ii. An overview of New Zealand Domestic legal obligations 

1. Influenced by state foreign policy, national security and economic factors

2. New Zealand Space legal framework

4. Assessment and concluding remarks.

Chapter 3: 

1. Space debris - background and context

a. What is space debris 

b. How is space debris created

i. Uncontrolled / end of life space objects

ii. Break-ups in orbit

iii. Notable collisions in orbit

c. Why is space debris a problem

i. The practical problems

ii. The environmental problems 

iii. International and domestic perspectives / positions on space debris

d. How existing space debris is managed 

i. Space debris cataloguing and tracking 

ii. Active debris removal

2. Space debris mitigation - a risk management approach

a. What is space debris mitigation 

b. Space debris mitigation and its position within space law

i. International space law 

1. UN space treaties 

2. UN resolutions

3. International Standards

a. European Code of Conduct for Space Debris Mitigation

b. ESA Space Debris Mitigation for Agency Projects

c. IADC Space Debris Mitigation Guidelines

d. ITU Recommendation ITU-R S.1003.2

e. Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space

f. ISO space debris mitigation requirements ISO 24113:2011

c. Notable domestic space law regimes addressing space debris mitigation 

i. [A description and evaluation of several States' approaches to mitigation]

d. Australia and space debris mitigation 

i. Space (Launches and Returns) Act 2019

ii. The General Rules - space debris mitigation strategy (ss 54, 79)

iii. What we should expect / look for in a space debris mitigation strategy 

            3. Concluding remarks

Chapter 4: 

1. Introduction to space insurance law

a. Background

b. Running example of an insurable event.

c. Similar types of insurance (comparison to marine and aviation insurance)

2. What is Space Insurance?

a. What is covered?

b. Liability allocation of risk

3. Why Insure?

a. Statutory requirements in NZ and Australia

b. Contractual requirements

4. The insurance marketplace

a. Global marketplace

b. Insurance providers

c. Insurance brokers

d. Underwriting risk – what factors?

5. Commercial insurance terms and conditions

a. Pre-launch and third party liability policies

b. Launch and In-Orbit insurance policies

6. Insurance law as it relates to outer space activities

a. Australia

b. New Zealand

7. Risk management and other means of risk transfer

Chapter 5: 

1. The Space Activities Act (SAA) in context

a. Background to the legal and regulatory framework

b. What the legislation was intended to achieve

c. Developments since enactment

2. Overview of the SAA in 2019

a. Definitions

b. Activities requiring approvals

c. Licences, permits and authorisations

3. Liability provisions under the SAA

a. The liability framework - Part 4 and 4A

b. What type of damage is covered - the Australian connection

c. When does liability occur - liability periods

4. Compensation provisions under the SAA

a. The compensation framework

b. Damage to third parties on earth or in the air

c. Limitations on liability of permit or certificate holders

d. Compensation for damage caused by non-Australian nationals

5. Claims for compensation under the SAA

6. Future considerations for the law of space regulation in Australia

a. Potential issues in the SAA 

b. Looking over the horizon - dealing with the next regulatory challenges

O autorze

Dr Maria Pozza is  the Director and Principal of Gravity Lawyers, a law firm that specialises in New Zealand’s space law, international space law, cybersecurity compliance over data, IT and system frameworks, as well as providing commercial and corporate in-house legal support. Dr Maria holds a PhD in international law and policy in outer space, working in both the Faculty of Law and the Department of Politics at the University of Otago.  She holds a Masters of International Studies with distinction, New Zealand Law and Practice Exams, PGDip in Legal Skills, BVC, and an LL.B (Hons). In 2013 Maria secured a visiting fellowship at the Lauterpacht Centre for International Law, University of Cambridge, UK. Dr Maria has received a number of accolades and awards in recognition of her work and contribution to the field of space law.

Blurb

Risk Management in Outer Space Activities assesses selected risks associated with space activities, from an Australian and New Zealand perspective. The book explores the rise of commercial space activities and considers the development of Australia and New Zealand’s regulatory frameworks, and how they are equipped to address new and emerging risks in the space sector.

The book examines the juxtaposition of international space law against the domestic legal regimes of Australia and New Zealand, and how these regulatory frameworks are designed to create governance mechanisms to control space risk. Both national jurisdictions approach space risk from the perspective of liability and international legal obligations, but as a result of their different historical space trajectories, their risk approaches differ. This is illustrated by research that suggests that from an Australian point of view, much of its space industry development has been influenced by Cold War era military and national security concerns. On the other hand, the New Zealand perspective is grounded on the rapid market-led commercial development that is currently underway in the country.

The book examines a variety of risks that can and do emerge in the course of undertaking space activities. It does this by presenting a series of space risk case studies. There are chapters devoted to examining commercial space risks, space insurance, the risks posed by space debris, cybersecurity and space assets, light pollution as a risk for astronomy and the risks inherent in landing objects on the Moon. 

The work contained in this book is intended to provide a clear, practical and informed approach to understanding risk management in outer space activities. It will appeal to policy makers, risk professionals, space lawyers, national space agencies as well as academics, researchers and students