Ownership of Satellites

Transcription

1 Luxemburger Juristische Studien Luxembourg Legal Studies 9 Mahulena Hofmann/Andreas Loukakis (eds.) Ownership of Satellites 4th Luxembourg Workshop on Space and Satellite Communication Law Nomos

2 Luxemburger Juristische Studien Luxembourg Legal Studies edited by Faculty of Law, Economics and Finance University of Luxembourg Volume 9

3 Mahulena Hofmann/Andreas Loukakis (eds.) Ownership of Satellites 4th Luxembourg Workshop on Space and Satellite Communication Law Nomos

4 The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available on the Internet at ISBN: HB (Nomos) epdf (Nomos) British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN: HB (Hart) Library of Congress Cataloging-in-Publication Data Hofmann, Mahulena / Loukakis, Andreas Ownership of Satellites 4th Luxembourg Workshop on Space and Satellite Communication Law Mahulena Hofmann / Andreas Loukakis (eds.) 296 p. ISBN (hardcover Hart) 1. Edition 2017 Nomos Verlagsgesellschaft, Baden-Baden, Germany Printed and bound in Germany. This work is subject to copyright. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, re-cording, or any information storage or retrieval system, without prior permission in writing from the publishers. Under 54 of the German Copyright Law where copies are made for other than private use a fee is payable to Verwertungs gesellschaft Wort, Munich. No responsibility for loss caused to any individual or organization acting on or refraining from action as a result of the material in this publication can be accepted by Nomos or the editors.

5 Table of Contents I. Preface 4th Luxembourg Workshop on Space and Satellite Communication Law 11 Karim Michel Sabbagh 4th Luxembourg Workshop on Space and Satellite Communication Law 13 John Purvis II. Ownership of Satellites: A Simple Legal Fact with Complex Consequences Ownership of Satellites: A Simple Legal Fact with Complex Consequences 17 Mahulena Hofmann III. Transfer of Ownership of Space Objects in International Law of Outer Space Transfer of Ownership in Orbit: from Fiction to Problem 29 Frans von der Dunk The Relevance of the Concept of 'Ownership' in Space Activities and their Regulation 45 Jean-François Mayence 5

6 Table of Contents Cross-Border Transfer of Operation (Ownership) of Satellites Solutions in Line with the Space Treaties 65 Bernhard Schmidt-Tedd and Martin Reynders Legal Aspects of Transfer of Ownership and Transfer of Activities 75 Armel Kerrest United Nations Practice in Registering Space Objects 85 Natercia Rodrigues and Kamran Memon Transfer of Satellites in Orbit: the ESA Experience 97 Ioanna Thoma EU as Owner of Galileo Satellites: Consequences for Registration and Liability 111 Andreas Loukakis IV. Ownership or Use of Satellites by Several Entities Models of Ownership: Condominium and Hosted Payload Satellites 135 Gerry Oberst Key Contractual Aspects in Hosted Payload and Condominium Satellite Projects 147 Ingo Baumann and Oliver Heinrich V. The Use of Spectrum by Various Owners or Users of Satellites Interrelation between Space Law and ITU Law 165 Francis Lyall Interaction between Registration of Space Objects and the Protection of Frequency Assignment 175 Srinivasan Venkatasubramanian 6

7 Table of Contents Leasing of Orbital Positions 187 Elina Morozova Harmful Interference and Ownership of Satellites (or Frequencies) in Outer Space 205 Simona Spassova VI. Specific Forms of Limitations of the Exercise of Ownership Rights connected with Space Activities Solutions Satellite Export Controls and National Security under WTO Rules 227 Peter Malanczuk Landing Rights and Satellite Operators 255 Philippe Achilleas and Nicholas Puschman The Cape Town Convention and the Space Assets Protocol: Considerations after the Event 271 Lesley Jane Smith The Authors 287 7