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Tratado do espaço de 1967 : legado e desafios para o direito espacial.Andrade, Jonathan Percivalle de 23 June 2016 (has links)
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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.
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Dangerous Orbits : Applying the Law of Self-defence to Hostile Acts Against Satellite SystemsMannheimer, Elias January 2017 (has links)
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.
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Současné výzvy odstraňování vesmírného odpadu: souhrn a perspektiva / Contemporary Challenges of Space Debris Removal: Overview and OutlookVojáková, Eliška January 2021 (has links)
CHARLES UNIVERSITY FACULTY OF SOCIAL SCIENCES Institute of Political Studies Department of International Security Studies Contemporary Challenges of Space Debris Removal: Overview and Outlook Abstract in English Author: Eliška Vojáková Study programme: Security Studies Supervisor: Mgr. Bohumil Doboš, Ph.D. Year of the defence: 2021 Abstract The sustainability of the outer space environment is necessary for all actors to execute all existing and future human space operations safely. While the severe negative consequences of the uncontrolled space debris population are not new, government agencies and intergovernmental organizations' initiatives to lessen the predicament continue to be insufficient. Scientific research and simulation models show that mere mitigation measures cannot stop the ongoing degradation of the outer space environment polluted from the past space missions. Instead, research supports the development of space projects designed with a primary objective to remove debris from space. National administrations attempt to cooperate at the international level to formulate uniform debris mitigation standards and hold each other mutually accountable for worsening the space debris situation. However, joint public international missions to actively remove debris remain unthinkable. The privatization...
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Overruling the Underclass? Homelessness and the Law in QueenslandWalsh, Tamara January 2005 (has links)
The impact of the law on the lives of homeless people in Queensland has, to date, remained largely unexplored by legal academics and researchers. This is despite the fact that homeless people experience a number of legal difficulties that seriously affect their lives. This thesis by published papers aims to make a significant and original contribution to filling this gap in the research evidence by presenting the results of analyses of the legal, theoretical and practical issues that arise in the context of homeless persons' interactions with the legal system in Queensland. Most notably, it is comprised of three pieces of empirical research which identify those areas of law that impact most on homeless people in Queensland and explore the consequences of the operation of these laws on their lives. In sum, this thesis examines the extent of the law's influence on the lives of homeless people in Queensland, and finds that the consequences of the law's operation on homeless people in Queensland are serious. The thesis first examines the effect on Queensland's homeless people of laws which regulate behaviour conducted in public space. The criminal offences of vagrancy, begging and public nuisance are analysed; their historical origins, the reasons for their retention on modern statute books, and arguments in favour of their repeal are discussed. The impact of 'public space law' on homeless people in Queensland is also explored through a survey of 30 homeless people residing in inner-city Brisbane. This part of the thesis concludes that public space law in Queensland results in breaches of homeless persons' human rights, as well as the contravention of rule of law principles. The thesis then explores the impact of the law on homeless persons' experiences of citizenship. Empirical research and theoretical analysis demonstrate that the application of various laws, particularly public space laws, social security laws and electoral laws, encroaches on homeless persons' citizenship rights. The thesis then reports on the results of a unique survey of Queensland's homelessness service providers. This survey is the most extensive piece of empirical research ever conducted on the extent to which various laws impact on homeless people. Respondents were asked to indicate which areas of law impact most adversely on their homeless clients. Based on the research findings outlined above, the hypothesis was that criminal law issues, particularly public space offences, would be proven to impact particularly adversely on homeless people in Queensland. Somewhat unexpectedly, the findings of the survey indicated that fines law, debt law and family law difficulties are those legal difficulties most often encountered by homeless people in Queensland. Difficulties produced by criminal laws, social security laws and electoral laws, while still generally relevant, rated less highly. However, the survey did demonstrate that experiences differ between sub-groups within the homeless population, for example Indigenous homeless people were reported to be most affected by criminal law issues, while young homeless people were reported to be most affected by social security law issues. Together, the five papers which comprise this thesis make an original and substantial contribution to knowledge by identifying empirically for the first time the various laws that have a significant impact on the lives of homeless people in Queensland, and analysing the consequences of this in terms of their effect on homeless persons' citizenship rights, human rights and rule of law entitlements.
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