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Dr. Gérardine Goh Escolar

Dr. Gérardine Goh Escolar
Adjunct Associate Professor
Faculty of Law
National University of Singapore


Biography Biography in PDF

Law of Outer Space
Introduction to International Space Law
Video | Audio
(21 minutes)

Sources of International Space Law
Video | Audio
(39 minutes)

Non-Appropriation and Sovereignty in Outer Space
Video | Audio
(19 minutes)

State Responsibility and Liability in International Space Law
Video | Audio
(28 minutes)

Jurisdiction and Control over Space Objects
Video | Audio
(15 minutes)

The Settlement of Disputes Relating to International Space Law
Video | Audio
(26 minutes)

Space Activities and the Protection of the Earth and Outer Space Environments
Video | Audio
(27 minutes)

Human Spaceflight and International Space Law
Video | Audio
(43 minutes)

The International Law Relating to Space Resources, Space Assets, and Knowledge Management in Outer Space
Video | Audio
(29 minutes)

Satellite Applications and International Space Law
Video | Audio
(43 minutes)

The International Law relating to the Military Use of Outer Space
Video | Audio
(28 minutes)

The International Law Applicable to Space Transport Operations and Traffic Management
Video | Audio
(20 minutes)

Law of Outer Space
Introduction to International Space Law
A. Legal Instruments

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America for the establishment in the Bahama Islands of a long-range proving ground for guided missiles, Washington, 21 July 1950, United Nations, Treaty Seriesvol. 97, p. 193.

Exchange of notes constituting an agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America regarding the establishment by the Government of the United States of America of a high altitude interceptor range, Washington, 24 February and 2 March 1953, United Nations, Treaty Seriesvol. 172, p. 257.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Opened for signature at London, Moscow and Washington on 22 April 1968, United Nations, Treaty Seriesvol. 672, p. 119.

Convention on International Liability for Damage Caused by Space Objects, Opened for signature at London, Moscow and Washington on 9 March 1972, United Nations, Treaty Seriesvol. 961, p. 187.

Convention on Registration of Objects Launched into Outer Space, New York, 12 November 1974, United Nations, Treaty Seriesvol. 1023, p. 15.

Convention for the establishment of a European Space Agency (with annexes and final act), Paris, 30 May 1975, United Nations, Treaty Seriesvol. 1297, p. 161.

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, New York, 5 December 1979, United Nations, Treaty Seriesvol. 1363, p. 3.

Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning cooperation on the civil international space station, Washington, 29 January 1998.

B. Documents

General Assembly resolution 1962 (XVIII) of 13 December 1963 (Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space).

General Assembly resolution 37/92 of 10 December 1982 (Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting).

General Assembly resolution 41/65 of 3 December 1986 (Principles relating to remote sensing of the Earth from outer space). 

General Assembly resolution 47/68 of 14 December 1992 (Principles Relevant to the Use of Nuclear Power Sources in Outer Space). 

General Assembly resolution 51/122 of 13 December 1996 (Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries). 

General Assembly resolution 59/115 of 10 December 2004 (Application of the concept of the “launching State”). 

The Global Exploration Strategy: The Framework for Coordination, 31 May 2007.

Inter-Agency Space Debris Coordination Committee (IADC), Space Debris Mitigation Guidelines, revised September 2007.

General Assembly resolution 62/101 of 17 December 2007 (Recommendations on enhancing the practice of States and international intergovernmental organizations in registering space objects).

General Assembly resolution 62/217 of 22 December 2007 (International cooperation in the peaceful uses of outer space).

General Assembly resolution 68/74 of 11 December 2013 (Recommendations on national legislation relevant to the peaceful exploration and use of outer space).


Sources of International Space Law
A. Legal Instruments

Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Opened for signature at London, Moscow and Washington on 22 April 1968, United Nations, Treaty Seriesvol. 672, p. 119.

Agreement relating to the International Telecommunications Satellite Organization “INTELSAT” (with annexes), Washington, 20 August 1971, United Nations, Treaty Series, vol. 1220, p. 21.

Agreement on the establishment of the “Intersputnik” international system and Organization of Space Communications, Moscow, 15 November 1971, United Nations, Treaty Seriesvol. 862, p. 3.

Convention on International Liability for Damage Caused by Space Objects, Opened for signature at London, Moscow and Washington on 9 March 1972, United Nations, Treaty Seriesvol. 961, p. 187.

Convention on Registration of Objects Launched into Outer Space, New York, 12 November 1974, United Nations, Treaty Seriesvol. 1023, p. 15.

Convention for the establishment of a European Space Agency (with annexes and final act), Paris, 30 May 1975, United Nations, Treaty Seriesvol. 1297, p. 161.

Agreement of the Arab Corporation for Space Communications, Cairo, 14 April 1976.

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, New York, 5 December 1979, United Nations, Treaty Seriesvol. 1363, p. 3.

Constitution and Convention of the International Telecommunication Union, Geneva, 22 December 1992, United Nations, Treaty Series, vol. 1825, p. 3, and vol. 1826, p. 3.

Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning cooperation on the civil international space station, Washington, 29 January 1998.

B. Jurisprudence
C. Documents

General Assembly resolution 37/92 of 10 December 1982 (Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting).

General Assembly resolution 41/65 of 3 December 1986 (Principles relating to remote sensing of the Earth from outer space). 

General Assembly resolution 47/68 of 14 December 1992 (Principles Relevant to the Use of Nuclear Power Sources in Outer Space). 

General Assembly resolution 51/122 of 13 December 1996 (Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries). 

General Assembly resolution 59/115 of 10 December 2004 (Application of the concept of the “launching State”). 

Inter-Agency Space Debris Coordination Committee (IADC), Space Debris Mitigation Guidelines, revised September 2007.

General Assembly resolution 62/101 of 17 December 2007 (Recommendations on enhancing the practice of States and international intergovernmental organizations in registering space objects).

General Assembly resolution 68/74 of 11 December 2013 (Recommendations on national legislation relevant to the peaceful exploration and use of outer space).

D. References

For more information on the proposal for an International Code of Conduct for Outer Space Activities, see the official website of the European Union.


Non-Appropriation and Sovereignty in Outer Space
Legal Instruments

State Responsibility and Liability in International Space Law
A. Legal Instruments

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Convention on International Liability for Damage Caused by Space Objects, Opened for signature at London, Moscow and Washington on 9 March 1972, United Nations, Treaty Seriesvol. 961, p. 187.

International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, 2001.

B. Documents

Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space (A/62/20, annex).


Jurisdiction and Control over Space Objects
A. Legal Instruments

Convention on International Civil Aviation, Chicago, 7 December 1944, United Nations, Treaty Series, vol. 15, p. 295.

Convention on the High Seas, Geneva, 29 April 1958, United Nations, Treaty Series, vol. 450, p. 11.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Convention on Registration of Objects Launched into Outer Space, New York, 12 November 1974, United Nations, Treaty Seriesvol. 1023, p. 15.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p. 3.

Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning cooperation on the civil international space station, Washington, 29 January 1998.

B. Jurisprudence

International Court of Justice, Nottebohm Case (Liechtenstein v. Guatemala), Second Phase, Judgment of 6 April 1955, I.C.J. Reports 1955, p. 4.


The Settlement of Disputes Relating to International Space Law
A. Legal Instruments

Charter of the United Nations, San Francisco, 26 June 1945.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Exchange of notes constituting an agreement concerning the conditions under which launching and associated services for NASA experimental satellites will be furnished to NASA at the San Marco range, Rome, 30 April and 12 June 1969, United Nations, Treaty Seriesvol. 732, p. 3.

Convention on International Liability for Damage Caused by Space Objects, Opened for signature at London, Moscow and Washington on 9 March 1972, United Nations, Treaty Seriesvol. 961, p. 187.

Agreement between Federal Republic of Germany and India on Cooperation Regarding Peaceful Uses of Atomic Energy and Space Research, 1972.

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, New York, 5 December 1979, United Nations, Treaty Seriesvol. 1363, p. 3.

Memorandum of Agreement on Liability for Satellite Launches Between the Government of the United States of America and the Government of the People’s Republic of China, 1988.

Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning cooperation on the civil international space station, Washington, 29 January 1998.

Agreement among the Government of the Republic of Kazakhstan, the Government of the Russian Federation and the Government of the United States of America on Technology Safeguards associated with the Launch by Russia of US Licensed Spacecraft from the Baikonur Cosmodrome, 1999.

B. Documents

Permanent Court of Arbitration, Optional Rules for Arbitration of Disputes Relating to Outer Space Activities, 6 December 2011.


Space Activities and the Protection of the Earth and Outer Space Environments
A. Legal Instruments
B. Jurisprudence

International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996, I.C.J. Reports 1996, p. 226.

International Court of Justice, Case concerning the Gabčíkovo-Nagymaros Project (Hungary v. Slovakia), Judgment of 25 September 1997, I.C.J. Reports 1997, p. 7.

International Court of Justice, Case concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment of 20 April 2010, I.C.J. Reports 2010, p. 14.

C. Documents

General Assembly resolution 47/68 of 14 December 1992 (Principles Relevant to the Use of Nuclear Power Sources in Outer Space). 

International Atomic Energy Agency, Emergency Planning and Preparedness for Re-entry of a Nuclear Powered Satellite (Safety Series No. 119, 1996).

Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space (A/62/20, annex).

Inter-Agency Space Debris Coordination Committee (IADC), Space Debris Mitigation Guidelines, revised September 2007.

Committee on the Peaceful Uses of Outer Space and International Atomic Energy Agency, Safety Framework for Nuclear Power Source Applications in Outer Space, 2009.

D. References

For the latest version of the IADC Space Debris Mitigation Guidelines and other documents, see the official website of IADC.

For a compendium of space debris mitigation standards adopted by States and international organizations, see the official website of the United Nations Office for Outer Space Affairs.

For more information on planetary protection policies, see the official websites of the Committee on Space Research (COSPAR), the National Aeronautics and Space Administration (NASA) and the European Space Agency (ESA).


Human Spaceflight and International Space Law
Legal Instruments
International

Convention on International Civil Aviation, Chicago, 7 December 1944, United Nations, Treaty Series, vol. 15, p. 295.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Paris Convention for the protection of industrial property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14 1967, Stockholm, 14 July 1967, United Nations, Treaty Seriesvol. 828, p. 305.

Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Opened for signature at London, Moscow and Washington on 22 April 1968, United Nations, Treaty Seriesvol. 672, p. 119.

Patent Cooperation Treaty, Washington, 19 June 1970.

Convention on International Liability for Damage Caused by Space Objects, Opened for signature at London, Moscow and Washington on 9 March 1972, United Nations, Treaty Seriesvol. 961, p. 187.

Convention on the Grant of European Patents, Munich, 5 October 1973, United Nations, Treaty Seriesvol. 1065, p. 199.

International Convention for the Safety of Life at Sea, London, 1 November 1974, United Nations, Treaty Seriesvol. 1184, p. 2, and vol. 1185, p. 2.

Convention on Registration of Objects Launched into Outer Space, New York, 12 November 1974, United Nations, Treaty Seriesvol. 1023, p. 15.

International Convention on maritime search and rescue, Hamburg, 27 April 1979, United Nations, Treaty Seriesvol. 1405, p. 97.

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, New York, 5 December 1979, United Nations, Treaty Seriesvol. 1363, p. 3.

Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning cooperation on the civil international space station, Washington, 29 January 1998.

National

United States of America, Commercial Space Launch Act of 1984, P.L. 98-575, 98 Stat. 3055.

United States of America, Commercial Space Act of 1998, P.L. 105-303, 112 Stat. 2843.

United States of America, Commercial Space Launch Amendments Act of 2004, P.L. 108-492, 118 Stat. 3974.


The International Law relating to Space Resources, Space Assets, and Knowledge Management in Outer Space
Legal Instruments
International

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Paris Convention for the protection of industrial property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14 1967, Stockholm, 14 July 1967, United Nations, Treaty Seriesvol. 828, p. 305.

Paris Act relating to the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914, revised at Rome on June 2, 1928, revised at Brussels on June 26, 1948, and revised at Stockholm on July 14, 1967, Paris, 24 July 1971, United Nations, Treaty Seriesvol. 1161, p. 3.

Convention on Registration of Objects Launched into Outer Space, New York, 12 November 1974, United Nations, Treaty Seriesvol. 1023, p. 15.

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, New York, 5 December 1979, United Nations, Treaty Seriesvol. 1363, p. 3.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p. 3.

Convention on the Regulation of Antarctic Mineral Resource Activities, Wellington, 2 June 1988.

Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakesh Agreement establishing the World Trade Organization, Marrakesh, 15 April 1994, annex 1C, United Nations, Treaty Series, vol. 1869, p. 299.

WIPO Copyright Treaty, Geneva, 20 December 1996, United Nations, Treaty Seriesvol. 2186, p. 121.

Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning cooperation on the civil international space station, Washington, 29 January 1998.

Convention of the Asia-Pacific Space Cooperation Organization (APSCO), Beijing, 28 October 2005, United Nations, Treaty Seriesvol. 2423, p. 127.

Convention on international interests in mobile equipment, Cape Town, 16 November 2011, United Nations, Treaty Seriesvol. 2307, p. 285.

Protocol to the convention on international interests in mobile equipment on matters specific to space assets, Berlin, 9 March 2012.

National

United States of America, Export Control Act of 1949, 63 Stat. 7.

United States of America, Arms Export Control Act of 1976, Title II of P.L. 94-329, 90 Stat. 729, 22 U.S.C. chap. 39.

United States of America, International Traffic in Arms Regulations, 22 C.F.R. parts 120-130.

Canada, Export and Import Permits Act, R.S.C., 1985, chap. E-19.

People’s Republic of China, Regulations on Control of Military Products Export (2002).

People’s Republic of China, Regulations on Export Control of Missiles and Missile-related Items and Technologies (2002).

People’s Republic of China, Foreign Trade Law (2004).


Satellite Applications and International Space Law
A. Legal Instruments
International
National

United States of America, National Defense Authorization Act for Fiscal Year 1997, P.L. 104-201, 110 Stat. 2422.

India, Remote Sensing Data Policy, 2001.

Canada, Remote Sensing Space Systems Act, S.C., 2005, chap. 45.

Germany, Act on Satellite Data Security, 2007.

B. Documents

General Assembly resolution 37/92 of 10 December 1982 (Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting).

General Assembly resolution 41/65 of 3 December 1986 (Principles relating to remote sensing of the Earth from outer space). 

Charter On Cooperation To Achieve The Coordinated Use Of Space Facilities In The Event Of Natural Or Technological Disasters, 25 April 2000.

Joint United Kingdom–United States Statement Regarding Global Positioning System (GPS) Intellectual Property, 17 January 2013.

C. References

For the latest version of the Radio Regulations, see the official website of the International Telecommunication Union.

For more information on the International Committee on Global Navigation Satellite Systems, see the official website of the United Nations Office for Outer Space Affairs.


The International Law relating to the Military Use of Outer Space
A. Legal Instruments

Convention Respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, The Hague, 18 October 1907.

Convention concerning Bombardment by Naval Forces in Time of War, 18 October 1907.

Charter of the United Nations, San Francisco, 26 June 1945.

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 31.

Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 85.

The Antarctic Treaty, Washington, 1 December 1959, United Nations, Treaty Series, vol. 402, p. 71.

Treaty banning nuclear weapon tests in the atmosphere, in outer space and under water, Moscow, 5 August 1963, United Nations, Treaty Seriesvol. 480, p. 43.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

Treaty between the United States of America and the Union of Soviet Socialist Republics on the limitation of anti-ballistic missile systems, Moscow, 26 May 1972, United Nations, Treaty Seriesvol. 944, p. 13.

Convention on the prohibition of military or any other hostile use of environmental modification techniques (with annex), New York, 10 December 1976, United Nations, Treaty Seriesvol. 1108, p. 151.

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I), Geneva, 8 June 1977, United Nations, Treaty Series, vol. 1125, p. 3.

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, New York, 5 December 1979, United Nations, Treaty Seriesvol. 1363, p. 3.

B. Jurisprudence

Permanent Court of International Justice, The Case of the S.S. “Lotus” (France v. Turkey), Judgment of 7 September 1927, Series A, No. 10, p. 1.

International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996, I.C.J. Reports 1996, p. 226.

C. Documents

General Assembly resolution 1962 (XVIII) of 13 December 1963 (Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space).

The Hague Code of Conduct against Ballistic Missile Proliferation (formerly the International Code of Conduct against Ballistic Missile Proliferation), The Hague, 25 November 2002 (A/57/724, annex).

Security Council resolution 1540 (2004) of 28 April 2004.

Security Council resolution 1718 (2006) of 14 October 2006.

General Assembly resolution 61/75 of 6 December 2006 (Transparency and confidence-building measures in outer space activities).

General Assembly resolution 65/68 of 8 December 2010 (Transparency and confidence-building measures in outer space activities).

Report of the Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities (A/68/189).

D. References

For more information on the proposal for a Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects and other documents, see the official website of the Conference on Disarmament.

For more information on the proposal for an International Code of Conduct for Outer Space Activities, see the official website of the European Union.

For the latest version of the Missile Technology Control Regime (MTCR) Guidelines and the Equipment, Software and Technology Annex, see the official website of MTCR.

For more information on the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, see its official website.


The International Law Applicable to Space Transport Operations and Traffic Management
A. Legal Instruments
International

Convention on International Civil Aviation, Chicago, 7 December 1944, United Nations, Treaty Series, vol. 15, p. 295.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, New York, 19 December 1966, United Nations, Treaty Seriesvol. 610, p. 205.

National

United Kingdom of Great Britain and Northern Ireland, Outer Space Act 1986.

Australia, Space Activities Act 1998.

Netherlands, Rules Concerning Space Activities and the Establishment of a Registry of Space Objects (Space Activities Act), 13 June 2006.

France, Space Operation Act, 3 June 2008.

B. Documents

International Academy of Astronautics, Cosmic Study on Space Traffic Management (2006).

C. References

For a collection of national space laws and regulations, see the official website of the United Nations Office for Outer Space Affairs.