Study-Unit Description

Study-Unit Description


CODE ERL4001

 
TITLE Space Activities and Environmental Law

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION The study-unit will look into the legal regime governing the conduct of space activities. In particular students will be introduced to the concepts of international responsibility of States and liability for damage caused by such activities. It will provide an overview of the international treaties governing the conduct of space activities and the way in which international responsibility of States functions in the context of outer space and space activities. The study-unit will examine some of the major issues including the problems caused by space debris and the pollution of the space environment. As a number of States have developed regulatory frameworks to govern the conduct of space-related activities the study unit will also look into these frameworks to assess the protection afforded to the environment in the conduct of such activities.

Study-unit Aims:

The aim of the study-unit is to provide a comprehensive grounding of the current legal issues concerning environmental problems related with space activities and to what extent these are addressed.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

• Appreciate the history; of the development of space law and legal scholarship;
• Identify the main structure and elements of international space law;
• Critically identify issues arising from activities arising from the space industry which lead to environmental degradation;
• Identify the role of national governments and international organisations in the regulation of space activities and space applications.

2. Skills
By the end of the study-unit the student will be able to:

• Present a written in-depth analysis of current environmental issues arising from space activities;
• Identify legal issues connected with these activities and recommend solutions;
• Identify and apply relevant case law according to the circumstances.

Main Text/s and any supplementary readings:

Main Readings (available from HyDi Database)

- Brisibe, Tare C; Customary International Law, Arms Control and the Environment in Outer Space (Chinese journal of international law (Boulder, Colo.), 2009, Vol.8 (2), p. 375-393)
- Dennerley, Joel A; State Liability for space object collisions: The proper interpretation of “fault” for the purpose of international space law (European Journal of International Law, 2018, Vol.29 (1), p.281-301)
- Gupta, Vishakha; Critique on the International Law on Protection of the Outer Space Environment, (Astropolitics, 2016, Vol.14 (1), p. 20-43)
- Halunko, Valentyn; Space Law: the Present and the Future (Advanced Space Law (Online), 2019, Vol.3, p. 30-47)
- Hosseini, Seyed Mohammad; Fathpour, Fatemeh; Chanda, Subhrajit; Space Debris Mitigation: Some Lessons from International Environmental Law (Environmental policy and law, 2021, Vol.51 (6), p. 391-401)
- Ivanishchuk, Audrey; Markina, Maria; Space Activity Regulaory Matters of Space Law,
(Advanced Space Law (Online) 2020, Vol. 6, p.23-28)
- Muraviov, Kyrylo; Didenko, Serhii; Mkrtchian, Roman; Liability in International Space Law (Advanced Space Law (Online), 2019, Vol. 3, p.71-82)
- Stubbe, Peter; State accountability for space debris: a legal study of responsibility for polluting the space environment and liability for damage caused by space debris (Leiden, The Netherlands; Boston, Massachusetts : Brill Nijhoff 2018)

United Nations Conventions (available from UN website)

- Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, (London, Moscow and Washington 27 January 1967, entered into force 10 October 1967) 610 UNTS 205
- Convention on the International Liability for Damage Caused by Space Objects, (London, Moscow, and Washington 29 March 1972, entered into force 1 September 1972) 961 UNTS 187
- Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, (New York, 18 December 1979, entered into force 11 July 1984) 1363 UNTS 3
- Convention on the Registration on Objects launched into Outer Space, (New York, 14 January 1975, entered into force 15 September 1976) 1023 UNTS 15

Other Agreements (available from UN website)

- Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water (Moscow, 5 August 1963, entered into force 10 October 1963) 480 UNTS 43
- Convention for the Establishment of a European Space Agency (ESA) (Paris, 30 May 1975, entered into force 30 October 1980) 14 ILM 864
- Agreement on Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes (Moscow, 13 July 1976, entered into force 25 March 1977) 16 ILM 1

Guidelines or Consultation Documents (available from the internet)

- Guidelines for the Reduction of Light Pollution in the Maltese Islands (2020, ERA Public Consultation Document) (source: https://era.org.mt/wp-content/uploads/2020/06/Guidelines-for-the-Reduction-of-Light-Pollution-in-the-MI-PC-Draft.pdf )
- International Dark Sky Association – Model Lighting Laws and Policy (source: https://www.darksky.org/our-work/lighting/public-policy/model-lighting-laws-policy/ )

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Antoine Grima

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit