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International Institute of Space Law

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Issue 5, 2020 Expand all abstracts
Article

Access_open Domestic Legislation and Challenges Related to Outer Space Laws in Pakistan

Keywords lawmaking process, treaty implementation, national space policy, civil space agency, national space regime, Pakistan space program
Authors Shakeel Ahmad
AbstractAuthor's information

    In Pakistan, there exists valuable technical and entrepreneurial capability that could be used to take full advantage of space benefits for national economic development. However, the country has not yet become a full spacefaring nation as compared to some other States. At national level, there is a strong realization to uplift national space program and many initiatives are being taken. However, lack of political will, interest in space related public policies are the main hindrances to formulate national space laws. The existing general national laws of Pakistan are somewhat relevant to outer space exploration and use, however, lack in full and systematic support of new developments as compared to various spacefaring nations. These are the challenges that must be addressed by Pakistan in order to legislate and to revisit its present structure, both legislative and decision-making, for outer space activities. This paper critically analyzes the domestic legislative hurdles and challenges with a view of recommending the adoption of relevant national laws and regulations in order to develop and sustain a full space economy as well as to implement Pakistan’s international obligations, in line with some other States.


Shakeel Ahmad
Shakeel Ahmad, Erin J.C. Arsenault Research Fellow, Institute of Air and Space Law, McGill University; email: shakeel.ahmad@mcgill.ca. Author has also served as a focal person for Centre of International Law at NDU, Islamabad, Pakistan.
Article

Access_open The Regional Preference from a Space Law and Policy Perspective and the European Intergovernmental Organisation as a Potential Model for the Middle East

Keywords regional preference, procurement, European perspective, Middle East, space industry
Authors Annette Froehlich and Claudiu Mihai Tăiatu
AbstractAuthor's information

    This article aims to provide the European perspective, highlighting the European Space Agency (ESA) procurement framework for regional industrial development as a potential model for the Middle East. Space activities are increasing across the Middle East and many of these countries are members of the World Trade Organization (WTO). This means that they must abide by WTO trade principles including competition rules. However, Middle East countries, especially Gulf countries, have developed national procurement frameworks applicable to the oil and gas industry to protect national industry participation and promote local employment. Similar rules of procurement could be proposed for the space industry in order to develop and secure the space industry in the Middle East region. To balance the criteria of regional preference and WTO competition rules, ESA’s industrial space policy could serve as a model for the Middle East.


Annette Froehlich
Dr. Annette Froehlich, LL.M., MAS, European Space Policy Institute (ESPI), Schwarzenbergplatz 6, Vienna, Austria; annette.froehlich@espi.or.at; German Aerospace Center (DLR); SpaceLab, Department of Electrical Engineering, University of Cape Town.

Claudiu Mihai Tăiatu
Claudiu Mihai Tăiatu, LL.M., European Space Policy Institute (ESPI), Schwarzenbergplatz 6, Vienna, Austria; claudiu.taiatu@community.isunet.edu.
Article

Access_open A Regional Initiative for Studying the Status of National Space Laws

Authors Ikuko Kuriyama, Koichi Kikuchi, Takashi Iwai e.a.
AbstractAuthor's information

    This paper studies how a new regional approach may enhance legislating or implementing national space laws and regulations through the “National Space Legislation Initiative (NSLI),” which has been implemented under the framework of the Asia-Pacific Regional Space Agency Forum (APRSAF). APRSAF was established in 1993 and has been enhancing space activities and international cooperation in the Asia-Pacific region. The NSLI is a new APRSAF initiative launched in 2019 with a view to effectively studying the status of national space laws in the Asia-Pacific region. It aims to promote information sharing and mutual learning on the practices and examples of national space laws in the Asia- Pacific region. It also aims to enhance the capacity of drafting and implementing national space laws in the Asia-Pacific countries in accordance with international norms, including especially established international law rules. This paper first examines the current situations concerning national space law developments in the Asia-Pacific region and analyses how the NSLI can advance it within the APRSAF framework. In addition to analyzing the NSLI's study reports, the significance and implications of this Initiative will also be stated for the reference and future partnership in other countries and regions.


Ikuko Kuriyama
Ikuko Kuriyama, International Relations and Research Department, Japan Aerospace Exploration Agency.

Koichi Kikuchi
Koichi Kikuchi, Legal and Compliance Division, General Affairs Department, Japan Aerospace Exploration Agency.

Takashi Iwai
Takashi Iwai, Legal and Compliance Division, General Affairs Department, Japan Aerospace Exploration Agency.

Yoko Kagiwada
Yoko Kagiwada, International Affairs Division, International Relations and Research Department, Japan Aerospace Exploration Agency.