New Laws for New Space? Using Law Reform to Drive Commercial Space Initiatives

New Laws for New Space? Using Law Reform to Drive Commercial Space Initiatives IN (2017) Recent Developments in Space Law: Opportunities & Challenges, eds. R. Venkata Rao, V.Gopalkrishnan and Kumar Abhijeet, Springer p. 61-74

U. of Adelaide Law Research Paper No. 2019-82

Posted: 8 Jul 2019

See all articles by Melissa de Zwart

Melissa de Zwart

University of Adelaide - School of Law

Date Written: July 4, 2019

Abstract

This paper considers the use of domestic laws, and the consequent need for law reform, to encourage broader engagement with commercial space innova­tion. It will consider, in particular, the Review of the Space Activities Act 1998 (Cth) CtllTently being undertaken in Australia , which examines whether existing legisla­tive arrangements "provide an appropriate balance between suppoiting emerging commercial opportunities and ensuring Australia meets its international obligations for the use of space". It undertakes an examination of the history of civil space activities in Australia and addresses the failure of space policy in Australia since the 1960s to encourage the development of a commercial space industry. The example of the early success of Australia as a space-faring nation, being the fourth country in the world to launch a satellite from its own territory, followed by a period of almost complete inertia, provides an excellent case study through which to explore how law reform may drive the development of a commercial space industry. In partic­ular, it considers the early cooperation of Australia in the ELDO project, the focus on being a launch provider and the emerging recognition of the role space research and development may play in innovation and commercial success. This paper looks at how the domestic laws of Australia were designed to implement obligations under the international Outer Space treaties and the impact that decisions made in that legislation may now be impeding the growth of a New Space industry in Australia.

Keywords: Space, Commercial Space,

JEL Classification: K10

Suggested Citation

de Zwart, Melissa, New Laws for New Space? Using Law Reform to Drive Commercial Space Initiatives (July 4, 2019). New Laws for New Space? Using Law Reform to Drive Commercial Space Initiatives IN (2017) Recent Developments in Space Law: Opportunities & Challenges, eds. R. Venkata Rao, V.Gopalkrishnan and Kumar Abhijeet, Springer p. 61-74, U. of Adelaide Law Research Paper No. 2019-82, Available at SSRN: https://ssrn.com/abstract=3414743

Melissa De Zwart (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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