space law

In day-long event capping Georgia Law course, international law students hack global problem of space debris

Five teams of J.D., LL.M., M.S.L., and Graduate Certificate in International Law students spent Saturday endeavoring to solve the global problem of what to do about the debris – that is, junk – which litters outer space. The day-long “Space Junk Hackathon” was hosted by the University of Georgia School of Law Dean Rusk International Law Center. It brought to a close an innovative Spring 2023 international law course taught by Professor Melissa J. “MJ” Durkee, the law school’s Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor.

As detailed in prior posts here and here, this course began with a Space Law Speaker Series featuring, over the course of January and February, presentations by four expert academics and practitioners: Christopher Johnson, Tanja Masson-Zwaan, Cris van Eijk, and Kathleen Doty.

At Saturday’s hackathon, Professor Durkee reviewed with students aspects of the space junk problem, as described by the series of speakers. She noted the inadequacy of existing international and domestic regulations – among them, the 1967 Outer Space Treaty, which was signed on behalf of the United States by then-Secretary of State Dean Rusk, our Center’s namesake.

Having recapped the problem, Durkee told students, “Your task is to solve it!”, by devising law or policy interventions. The star-named student teams, Antares, Polaris, Rigel, Sirius, and Vega, then decamped to breakout rooms and went to work.

At day’s end, the teams presented their proposals before three judges: Professor Durkee, Georgia Law Professor Christian Turner, and Jackson Tilley, Ph.D. candidate at our university’s School of Public & International Affairs. All students were praised for their creative interventions. Team Polaris, comprising Alma Bajramović, Kyle Renner, Bobby Dong, and Nishka Malik, was named the strongest.

Assisting with administration as part of their work on Georgia Law’s Graduate Certificate in International Law – for which this was a required course – were the staff members of our Center’s Global Practice Preparation portfolio, Sarah Quinn and Catrina Martin.

Late addition to Georgia Law’s Space Law Speaker Series: Cris van Eijk on “Space Law’s Past and Future,” tomorrow

Pleased to announce a late addition to the Space Law Speaker Series we’ve been hosting this semester here at the University of Georgia School of Law Dean Rusk International Law Center: Cris van Eijk, International Legal Researcher and Legal Advisor for Jus Ad Astra, will present at 12 noon this Friday, February 10, in Room J-347 Hirsch Hall.

Jus Ad Astra – a Latinism for “law (or rights) to the stars” – is, according to its website, “a legal project aimed at developing an authoritative international treatise clarifying the fundamental legal principles and human rights applicable to current and future human activities across outer space.”

In addition to advising for Jus Ad Astra, van Eijk is the author of thought-provoking publications on space law. He holds degrees from University of Cambridge, where he was a Senior Associate Editor for the Cambridge University Human Rights Law Journal, and Leiden University.

His presentation Friday substitutes for a scheduled speaker who was unable to take part. It will mark the third of four presentations in the Space Law Speaker Series, which, as detailed here, is part of a Spring Semester course led by our Center’s Director, Professor Melissa J. “MJ” Durkee, who is also Georgia Law’s Associate Dean for International Programs and Allen Post Professor.

Georgia Law Professor MJ Durkee presents at University of Pennsylvania symposium on “Commercial Space Age”

Professor Melissa J. “MJ” Durkee, the law school’s Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor, presented her scholarship Friday at “The Emerging Commercial Space Age: Legal and Policy Implications,” a symposium co-hosted by the University of Pennsylvania Center for Technology, Innovation & Competition and its Journal of Law & Innovation.

Her talk, “Space Law as Twenty-first Century International Law,” will be published in that journal.

Host of the symposium in Philadelphia was the Center’s Founding Director, Christopher S. Yoo, who is the John H. Chestnut Professor of Law, Communication, and Computer & Information Science at the University of Pennsylvania. Commentator for Durkee’s presentation was Professor Rebecca Crootof, University of Richmond School of Law.

Scholars and practitioners of space law to speak at Georgia Law as part of new international law course led by Center’s Director, Professor MJ Durkee

Leading scholars and practitioners of space law will speak here at the University of Georgia School of Law as part of a new semester-long course in international law taught by Professor Melissa J. “MJ” Durkee, the law school’s Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor.

The Spring 2023 Space Law Speaker Series will feature (pictured above, left to right):

➤ January 20, “Space Law Fundamentals”: Christopher Johnson, Space Law Advisor for the Secure World Foundation, Adjunct Professor at Georgetown University Law Center in Washington, D.C., and member of the Paris-based International Institute of Space Law

➤ January 25, “Contemporary Space Governance”: Tanja Masson-Zwaan, Assistant Professor and Deputy Director of the International Institute of Air and Space Law at Leiden University in the Netherlands, and President Emerita of the International Institute of Space Law

➤ February 10, “Customary Law Principles in Space Law”: Timiebi Aganaba, Assistant Professor of Space and Society in the School for the Future of Innovation in Society at Arizona State University, also affiliated with ASU’s Interplanetary Initiative, Global Futures Lab, and Sandra Day O’Connor College of Law

➤ February 17, “Regulating Space Junk”: Kathleen Doty, Advisor for Non-Proliferation Treaties & Agreements in the Global Security, Technology, and Policy group at the Seattle-based Pacific Northwest National Laboratory, and former Director of our Dean Rusk International Law Center

Presentations will be open to all at Georgia Law. Students enrolled in the for-credit course will draw from knowledge gained during the speaker series to pitch solutions to a space law problem – the issue of debris in space, known colloquially as “space junk.” Working with them will be Professor Durkee. She too is a scholar in this area, having published “Interstitial Space Law” and “The Future of Space Governance,” the latter an essay in a Georgia Journal of International and Comparative Law symposium issue on the subject.

Supporting the speaker series as part of their work on Georgia Law’s Graduate Certificate in International Law – for which this is a required course – are the staff members of the Center’s Global Practice Preparation portfolio, Sarah Quinn and Catrina Martin.

“The Future of Space Governance” conference will convene experts on October 28

17-098-Kepler-90_MultiExoplanetSystem-20171214On Monday, October 28, 2019, the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law at the University of Georgia School of Law will host a daylong conference to explore “The Future of Space Governance.” The conference will feature a keynote speech by Professor Emerita Joanne Irene Gabrynowicz, University of Mississippi School of Law, as well as panel discussions by academics and practitioners.

Participants will consider the following concept note:

International legal frameworks governing outer space developed under the conditions of a bi-polar, Cold War world, where the two great powers were the only spacefaring nations, and were engaged in a feverish race to space. The international agreements reflect the concerns of the time, primarily to prevent militarization and colonization of outer space. It seemed essential to keep the cold war out of space, and to keep it from going hot. Then, the U.S. made it to the moon, winning the race and effectively freezing space governance in Cold War terms.

Exactly half a century later, the world has changed, and so has space. A bi-polar world has gone multipolar, and an optimistic period of multilateralism has given way to a decline in robust international cooperation. Meanwhile, developments in outer space have exploded in complexity, ambition, and commercial promise. The number of entrants and potential entrants has proliferated: seventy-two nations now claim they have space agencies, and at least fourteen have orbital launch capabilities. One of the key new entrants is China, which is busy exploring the dark side of the moon and plans a permanent Chinese lunar colony as early as 2030. India, too, is broadening its ambitions, launching a moon lander trip this year, and planning for manned spaceflight and a space station launch soon thereafter. The SpaceX program is making rocket launches available for bargain basement prices, bringing space activities within the reach of a gaggle of startups keen to grab their piece of the commercial pie. Other commercial actors imagine space tourism, colonies, and missions to Mars. At the same time, the United States, still the dominant player in space, has announced plans to launch a “Space Force,” aimed at defense of U.S. military interests from space.

Fifty years after the first moonwalk, the prospect for a new set of multilateral agreements governing outer space is remote, yet the legal questions raised by new space activity are mounting. With little prospect of new multilateral treaties, outer space governance will need to make do with existing law, generate customary rules to govern new applications, and develop forms of sublegal understanding and cooperation.

This conference takes a stakeholder approach to emerging questions of outer space governance. It seeks to understand the perspective and concerns of classic space powers, new entrants, non-space faring nations, and international organizations like the Committee on the Peaceful Uses of Outer Space, as well as civilian space agencies, national militaries, and commercial actors. It asks for views on the sufficiency of existing law and governance structures and probes the legal needs of new and existing stakeholders. It will explore the agendas of the growing collection of actors, and attempt to find new prospects for governance.

Here’s the schedule:

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8:45-9:00  Welcome

Peter B. “Bo” Rutledge, University of Georgia School of Law

 

9:00-10:30  New Entrants: Nations

What are the emerging governance challenges as new nations emerge as space-farers?

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Steven Mirmina, NASA

Saadia Pekkanen, University of Washington, Henry M. Jackson School of International Studies

Cassandra Steer, Women in International Security Canada

Charles Stotler, University of Mississippi School of Law

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Moderator ǀ Harlan G. Cohen, University of Georgia School of Law

 

10:45-12:15  New Norms? Commercial Actors

What norms govern, or should govern, potential commercial uses such as extraction, tourism, and settlement?Panel 2

Julia Selman Ayetey, McGill University

Frans von der Dunk, Nebraska College of Law

Brian Israel, ConsenSys

Mark J. Sundahl, Cleveland-Marshall College of Law

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Moderator ǀ Melissa J. Durkee, University of Georgia School of Law

 

Gabrynowicz_hi_res_small1:15-2:00  Keynote

Professor Emerita Joanne Irene Gabrynowicz, University of Mississippi School of Law

 

 

2:15-3:45  New Uses: Security in Space

What are the appropriate responses to the new U.S. “Space Force” and other threats of space militarization?

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Mariel Borowitz, Georgia Tech, Sam Nunn School of International Affairs

David Kuan-Wei Chen, Center for Research in Air and Space Law, McGill University

James Gutzman, United States Air Force

Andrea Harrington, Air Command and Staff College, Air University

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Moderator ǀ Diane Marie Amann, University of Georgia School of Law

GJICL EIC3:45-4:00  Closing Remarks

Lauren Elizabeth Lisauskas, Editor-in-Chief, Georgia Journal of International and Comparative Law

 

 

Registration, CLE credit, and other details here. Additional cosponsors include the International Law Society, Georgia Law’s chapter of the the International Law Students Association.

Georgia Law Professor Durkee presents space law paper at British Columbia

Georgia Law Professor Melissa J. Durkee recently presented her scholarship at the University of British Columbia Allard School of Law as part of the school’s faculty colloquium series.

Durkee, who is a J. Alton Hosch Associate Professor of Law, researches new forms of global governance, particularly interactions between government and business actors that affect the content and success of international legal rules. Her paper, “Interstitial Space Law,” explores these topics in the context of space. Here’s the abstract:

Private space companies have begun to stake massive investments on the prospect of deriving commercial value from objects in outer space. The multinational asteroid-mining company Planetary Resources recently explained to a U.S. Senate Subcommittee that it will “conduct a historic and unprecedented mission to. . . . prospect several near-Earth asteroids.” Amazon’s Blue Origin just launched a collaboration with German space companies to start a “permanent presence on the moon.” Elon Musk’s SpaceX intends to “focus all its engineering talent on building its Mars rocket.” Yet it is unclear whether these companies have a legal right to appropriate outer space materials for private commercial use. The controlling international law is a cluster of 1960s-era treaties, designed for the realities of cold war space exploration. The centerpiece of the early treaties, the 1967 Outer Space Treaty, clearly specifies that materials cannot be appropriated for national use, but the treaty is silent on private commercial use. Exploiting the opportunity this silence affords, private companies have begun to advance their own interpretation of the treaty in addresses to lawmakers, press releases, and corporate disclosures. They have also acted as though their interpretation were law, pressing forward with plans to commercialize space, and seemingly content to gamble on the possibility that international law will develop in their favor. The paper argues that this practice merits our attention as one of the diverse ways private companies take roles in international lawmaking. Here, private companies are working on two levels. First, they are shaping the development of international customary law by exploiting the failure of nation-states to shut down their activities. Second, they are creating a body of practice that would constitute the building blocks for customary international lawmaking, if the private companies were governmental actors, raising the possibility of a private common law for space.