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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...

Submitted by Rosina Valeria Lanzellotti Mattiussi Teixeira (rosina.teixeira@unisantos.br) on 2016-08-23T18:13:08Z No. of bitstreams: 1 Jonathan Percivalle de Andrade.pdf: 683531 bytes, checksum: 48f515eaf3b0e1b6be912cb03ec303bd (MD5) / Made available in DSpace on 2016-08-23T18:13:08Z (GMT). No. of bitstreams: 1 Jonathan Percivalle de Andrade.pdf: 683531 bytes, checksum: 48f515eaf3b0e1b6be912cb03ec303bd (MD5) Previous issue date: 2016-06-23 / This work aims, in the light of International Law, to study the Outer Space Treaty, as structuring instrument of the international regime for outer space; highlighting its legacy and the challenges that are currently faced by Space Law, analyzed from the perspective of the Convention. In regard to the methodology, it was elected the deductive method, using extensive literature search. In the first chapter, the historical development of Space Law is studied, which is intertwined with the history of the "Space Age" itself, wich began with the launch of Sputnik I in 1957; in the same chapter the five treaties that combined form the corpus iuris of International Law are also studied. In the second chapter, the Outer Space Treaty is approached by a precise analysis of its devices under the perspective of Internacional Law. The common good clause, the principle of non-appropriation, the demilitarization of space, the astronauts, States¿ responsibility for damage caused by space activities and the prospects of cooperation in and to Space are analyzed. Lastly, the third chapter brings the challenges of Space Law in the twenty-first century analyzed in the light of Outer Space Treaty. The study is based on the delimitation of bordes¿s issue between air and outer space, space debris and the exploitation of natural resources and the participation of private companies. It is concluded that although relevant to Space Law, meeting the demands placed at the time, the 1967¿s Outer Space Treaty is no longer able to meet these and other challenges that are currently imposed. / O presente trabalho tem por objetivo, à luz do Direito Internacional, estudar o Tratado do Espaço de 1967, enquanto norma estruturadora do regime internacional para o espaço exterior, destacando-se seu legado e os desafios com os quais se depara o Direito Espacial atualmente, analisados sob a perspectiva da referida convenção. No tocante à metodologia, elege-se o método dedutivo, utilizando-se de extensiva pesquisa bibliográfica. No primeiro capítulo do trabalho, é realizado o estudo da evolução história do Direito Espacial, que se confunde com a história da própria ¿Era Espacial¿, inaugurada com o lançamento do Sputnik I em 1957; no mesmo capítulo são estudados, também, os cinco tratados que formam o corpus iuris do Direito Internacional. No segundo capítulo, o Tratado do Espaço de 1967 é abordado por intermédio de precisa análise de seus dispositivos sob à ótica do Direito Internacional. São analisados a cláusula do bem comum, o princípio da não-apropriação, a desmilitarização do espaço, os astronautas, a responsabilidade dos Estados por danos causados no espaço exterior e as perspectivas de cooperação no e para o espaço. Por derradeiro, o terceiro capítulo traz os desafios do Direito Espacial no século XXI analisados à luz do Tratado do Espaço de 1967. O estudo paira sobre a questão da delimitação da fronteira entre espaço aéreo e exterior, lixo espacial e a exploração de recursos naturais e a participação de empresas privadas. Conclui-se que ainda que relevante para o Direito Espacial, atendendo às demandas postas à época, o Tratado do Espaço de 1967 não mais consegue dar resposta a estes e outros desafios que lhe são impostos atualmente.

With the goal to continue interplanetary exploration and search for past or existent life on Mars, software and hardware for unmanned subsurface drills are being developed. Unlike drilling on Earth, interplanetary exploration drills operate with very low available power and require on-board integrated health monitoring systems, with quick-response recovery procedures, under complete autonomous operations. As many drilling faults are not known a priori, Earth-based direction and control of an unmanned interplanetary drilling operation is not practical. Such missions also require advanced robotic systems that are more susceptible to structural and mechanical failures, which motivates a need for structural health monitoring techniques relevant to interplanetary exploration systems. Structural health monitoring (SHM) is a process of detecting damage or other types of defects in structural and mechanical systems that have the potential to adversely affect the current or future performance of these systems. Strict requirements for interplanetary drilling missions create unique research problems and challenges compared with SHM procedures and techniques developed to date. These challenges include implementing sensors and devices that do not interfere with the drilling operation, producing "real-time" diagnostics of the drilling condition, and developing an automation procedure for complete autonomous operations. Thus, the completed thesis work presents basic research leading to the dynamic analysis of rotating structures with specific application to interplanetary subsurface drill systems, and the formulation of an autonomous, real-time, dynamics-based SHM technique for drilling applications. This includes modeling and validating the structural dynamic system, with and without damage or faults, for a prototype interplanetary subsurface drill, exploring the use of Laser Doppler Velocimeter sensors for use in real-time SHM, developing signal filters to remove inherent harmonic components from the dynamic signal of rotating structures, developing an automation procedure with the associated software, and validating the SHM system through laboratory experiments and field tests. The automated dynamics-based structural health monitoring technique developed in this thesis presents advanced research accomplishments leading to real-time, autonomous SHM, and it has been validated on an operating dynamic system in laboratory and field tests. The formulated SHM and drilling operation also met or exceeded all specified requirements. Other major contributions of this thesis work include the formulation and demonstration of real-time, autonomous SHM in rotating structures using Laser Doppler Velocimeter sensors.

The world has found itself in the unsatisfactory position of depending greatly upon the services of satellites, all while the risk of satellites becoming targets during conflict looms ever greater. This paper assesses the lex lata of the law of self-defence as enshrined in the Charter of the United Nations, focusing on the rationae materiae aspect of the armed attack concept. It thereafter applies general conclusions in this regard to the specific context of hostile acts against satellite systems, with an aim to clarify under what conditions such hostile acts justify the exercise force in self-defence.

Tracy K. Smith's Pulitzer Prize winning collection of poetry, Life on Mars, has been celebrated and analyzed as an elegy to Smith's father by many reviewers and scholars. And while this reading is valid and has been openly endorsed by Smith herself, our understanding of this collection and Smith's father is incomplete without Smith's treatment of motherhood and religion, two previously unexplored fields in relation to Life on Mars that complete our picture of Smith's father. Smith uses her own new role as a mother and her religious questions about the afterlife and her father's fate to address her father's passing. This paper first discusses the previously hidden role of Smith's unborn daughter Naomi, specifically hearkening to poems in the fourth section of Life on Mars which describe Naomi's conception and the painful process of giving birth. This is followed by an analysis of Smith's father and mother and their interconnected relationship to both Smith and her child. The third section of this paper complicates Smith's more idyllic depictions of her family members with universal examples of violence, specifically violence towards women that can lead to unwanted motherhood like rape. The final section of this paper takes previous discussions of motherhood, parenthood, and violence to describe Smith's interest in the living and the dead and how the poems in Life on Mars tie together these disparate groups through the shared experience of loss and gain. This blurred boundary between life and death culminates in Smith's vision of the future, a future Earth which will be incomplete and "hollow" without children, just as Smith's past would be empty without her familial relationships. This link between the deceased and unborn makes Smith's imagined future meaningful and invites further scholarship on Life on Mars, asking for scholars previously interested in only Smith's father to include Smith's descriptions of motherhood and religion in their analysis of Smith's work.

The thesis deals with the question of militarization and weaponization of the outer space and it analyse the actor's behaviour regarding space militarization and weaponization. The aim of the thesis is to find out whether the key actors cooperate or not in dealing with the use of the outer space. The relations between the key actors are analysed from the perspective of the game theory, particularly with the two models of behaviour: prisoner's dilemma and the tragedy of the commons. These models are used based on the assumption that they best describe the relations between actors in international relations as either cooperative or competitive. The aim is to evaluate whether these two models are valid in researching the behaviour of the key actors in the question of militarization of space. The analysed actors are the United States, Russia and China, as these are the three most important and successful space-faring nations with the biggest potential in the future of space exploration. Analysing their relations, the thesis attempts to evaluate whether the two models of the game theory are valid or not. For evaluating the prisoner's dilemma, bilateral relations are analysed, for the tragedy of the commons, their multilateral relations are analysed. What we learn from the analysis is that both models...

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Outer Space has been a contested domain since the Cold War but in the past few decades with the advancement of technology, it has become even more desirable. Outer space has become extremely important in our everyday lives from satellite telecommunications, television broadcasting, weather forecasting, and navigation. The many uses of satellites can also trigger a dual use for military purposes and the weaponization of outer space. In the field of militarization and weaponization of outer space, there is not a significant set of agreements, except for the Outer Space Treaty (1967). This thesis is exploring the Russian behavior in the scope of their judicial and practical decisions in the militarization and weaponization of outer space. Their judicial decisions are analyzed with the balance of power theory since it better explains why Russia maintains a collaborative and diplomatic behavior in this domain. Their practical behavior is analyzed using offensive realism to better understand why they had developed aggressive behavior and chose to develop weapons in the field of outer space.

As outer space becomes more commercialized, humans have invested more time and efforts into the use and exploration of the outer space domain. Captured by the display of opportunities, space is becoming increasingly overcrowded. Currently, the only framework fully embracing the exploration and use of outer space is the Outer Space Treaty (OST), put forward by the United Nations in 1967. While the OST is detailing how space faring nations ought to peacefully use outer space as a joint arena for technological development, the discourse on outer space governance still experience some serious definitional limitations. This paper examines two interconnected deficiencies in the literature on outer space; first, the insufficient research and development of a space power theory and; second, the absence of, and the challenges in constructing and all- encompassing definition and/or delimitation of outer space. To support the discussion and to reach some definitive conclusions of the current status of these issues, a selection of historical theories and contemporary cases have been applied to enrich the debate. By identifying gaps in the literature, this paper strives to highlight some of the controversies in the outer space discourse.