Space technologies are becoming increasingly indispensible for modern societies and militaries around the globe, through a heightened dependency on satellite based services. At the same time, anti-satellite weapons are being developed and tested with the capacity to attack and destroy a satellite with precision. In the light of this development, the legal uncertainty on what rules apply to belligerent use of force in the realm of outer space is problematic. Since dual-use satellites do not enjoy explicit special protection in international law, it is relevant to clarify what legal protection they do hold, being objects enabling indispensable societal services. Would state practice and hostile space conduct prevail clarification, a fatal international custom might develop, and the difficulty of reaching agreements regulating attacks on satellites, along with other hostile behavior, enhanced. The purpose of this thesis is to investigate what the current frameworks of space law and international humanitarian law provide in terms of restraints to states’ legal possibilities to attack dual-use satellites in times of armed conflict. It is concluded that both frameworks do hold restrictions respectively. Though, the need for regulation is still evident in order to achieve a clear and foreseeable legal reality along with a sustainable future of space exploration where international peace and security can be maintained.

Title of the thesis in English Article VI of the Outer Space Treaty and its implementation in Czech Republic Abstract This thesis deals with the international responsibility of the state for national activities in outer space, and more specifically with issues related to such responsibility as the interpretation of Article VI of the Outer Space Treaty and its implementation in national legislation, especially in the Czech Republic. The aim of this work is to comprehensively describe and then analyse the legal regime of space law, focusing on Article VI of the Outer Space Treaty and its effects on legal regulation in the Czech Republic. The first and second parts of the thesis present the general theory and development of space law, together with the presentation of the responsibility of the state under international public law, and in this case also subsequently described with reference to space law. The third part of the thesis focuses on the creation of Article VI of the Outer Space Treaty and analyses its provisions. It raises its issue, in particular, the vagueness of the terms contained in the article and this, consequently, constitutes a difference of interpretation of that article. This part also addresses the links of Article VI to Articles VII and VIII of the Outer Space Treaty. The fourth part...

[Legal regulation of space objects] Abstract The space sector has experienced an unprecedented boom in recent years. The number of launched space objects is constantly rising, and new technology allows people to reach outer space much more efficiently than before. At the same time, private companies have taken interest into outer space and are looking for ways to generate profit from the final frontier. But how are issues related to the outer space and cosmic objects addressed legally? Where does outer space begin and what can be defined as a cosmic object? Although the space shuttle took off into an orbit like a rocketship, it returned to the Earth's atmosphere like an airplane. So, will it be space or aerial object? Or maybe both? There are many interesting and complex issues associated with space law and space objects. However, international treaties that form the basis of space law went into force more than 50 years ago. Will those legal institutes that were created in a completely different geopolitical situation be obsolete? Does current space law give us satisfactory answers to questions of jurisdiction or liability for damage caused by space objects? The diploma thesis tries to find answers to these, and other questions related to space law in the context of space objects. At the same time, however,...

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.

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.