THE CATHOLIC UNIVERSITY OF AMERICA

COLUMBUS SCHOOL OF LAW

SPACE LAW – FALL 2010

SYLLABUS / READING ASSIGNMENTS

William H. Carroll

202-362-9989

Materials

1.  WILLIAM H. CARROLL, Space Law Course Materials - 2010

2.  Periodic Handouts

August 24

Course Overview

Part I – Outer Space Environment –Human Objects and Humans in

Space, 1- 7

Course Paper

Sample Candidate Topics and Schedule, 15-16

Moot Court Opportunity

Discussion -International Institute of Space Law 2011 Competition

Historical Background of U.S. and former Soviet Union Space Programs

View/discuss NOVA Documentary, “Sputnik Declassified”

August 31

Course Overview (Cont’d)

Part II – Space Law as a Branch of International Law and Relevant United States Domestic Law and Regulations; 7-12

Introduction To The Outer Space Treaty

Overview of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 67

Continue

General International Law Predicates Applicable To Space Law

United Nations Charter, Articles 2 and 51, 19

United Nations Arbitration Award, Trail Smelter Case, 23

Terrestrial Treaties:

Extract - International Civil Aviation Treaty; 31

High Seas Convention; 39

Antarctic Treaty; 47

Limited Nuclear Test Ban Treaty; 55

September 7

The Outer Space Treaty

More Specific Review of Principle Articles of the Outer Space Treaty, 67

DEMBLING & ARONS, “Evolution of the Outer Space Treaty;” 59

Begin Review of Additional Space Treaties

Rescue and Return of Astronauts and Objects Launched Into

Outer Space; 67

Registration Convention; 97

September 14

Continue Review of Additional Space Treaties

Convention on International Liability for Damage Cause by Space Objects; 79

Crash of Cosmos 954 Satellite - Canada’s Claim against the USSR under the Liability Convention; 79

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (“The Moon Treaty”), 103

REYNOLDS, Summary of “Key Objections to the Moon Treaty;” 111

The Bogota Declaration, 115

PAPER TOPICS DUE

September 21

United States Space Policies-Generally

Policy Issued by President George W. Bush, August, 31, 2006; 123

Policy Issued by President Barack Obama, June 28, 2010; 135

ROBERTS, “Needed: A Private Property Standard For Space ; 153

CARROLL, “Moon, Mars and Beyond Congress, The President’s Commission and Property Rights in Space;” 159

U. S Policies, Legislation and Implementing Regulations Governing Commercial Space Launch

Overview of Space Launch Technology; Revisit pages 4 and 5

Extracts: Commercial Space Launch Act 49 U.S.C. 70101 et seq.; 175

President Obama’s Remarks (Edited for this course), April 15, 2010,

Kennedy Space Flight Center; 169

SpaceX Bid Protest Against NASA Contract Award

September 28

Space Debris, International and U.S. Orbital Debris Mitigation Policies

U.S. Air Force Fact Sheet – Space Surveillance, 197

SCHWETJE: Current Initiatives to Control Space Debris; 203

[International] Interagency Space Debris Coordination Committee

U.S. Government Launches: Department of Defense and NASA Policies

U.S. Commercial Launches: Federal Communications Notice

Disclosure of Orbital Debris Mitigation Plans; 215

ABSTRACT DUE

October 5

Satellite Telecommunications – Technology Overview and International Telecommunications Organizations

Overview: The Orbit/Spectrum, Resources and the Technology of Satellite Communications of Satcom Technology; 251

History and Legal Framework of the International Telecommunications Union (ITU); 265

October 19

Begin Review of Military Activities in Space

Role of U.S. Agencies and Assigned Lawyers in the Development of International Space Law;

United States Space Command Fact Sheets; 223; 229

Flight of Intercontinental Ballistic Missiles (ICBMs) Through Outer Space

Recapitulation: Limited Nuclear Test Ban Treaty; 55

Recapitulation: Outer Space Treaty, Article IV; 67

October 26

Continue Review of Military Activities in Space

Arms Control In Space

National Security Policies in August 31, 2006 and June 28, 2010 Presidential Statements; 123 and 135

The Anti-Ballistic Missile (ABM) Treaty; 233

April 25, 2010 Article: U.S. Air Force X37B launched

November 2

Remote Sensing of Earth from Outer Space

U.N. General Assembly Remote Sensing Principles; 275

Department of Commerce Private Remote Sensing Systems Licensing Regulations;

Global Survey – National Land Remote Sensing Laws and Policies

Remote Sensing Technology in Law Enforcement

OUTLINE DUE

November 9

Evolution of Reusable Reentry Vehicle Technology, Initiation of Space Tourism Industry and Related U.S. Legislation and Regulations

Technology Review – General Background Discussion

Post- Space Shuttle/ U.S. Government Programs

Private Sector Investment – X-Prize Competition

Sales of Virgin Galactic Flights

Legislation and Regulation

Commercial Space Launch Act Amendments of 2004 (CSLAA)

Federal Aviation Administration Paper Re: CSLAA Experimental Permit Authority; 401

FAA Fact Sheet Re: CSLAA Private Human Space Flight Requirements; 409

November 16

The International Space Station (“ISS”)

ISS Intergovernmental Agreements; 351

ISS Crew Code of Conduct; 377

ISS Crew Selection Criteria; 385

DRAFT OF PAPER DUE

November 23

Satellite Telecommunications (Continued); Satellite Navigation; and

Inventions In Space

UNGA Principles on Direct Broadcast Satellites; 425

Satellite Navigation and Global Positioning

Fact Sheet – NAVSTAR Global Positioning System (“GPS”); 329

JENNISON, “The Civilization and Internationalization of Satellite Navigation; 333

GPS and Law Enforcement

Inventions in Space

U.S. Patents in Space Statute and Related Senate Judiciary Committee Report; 317

November 20

Space Nuclear Power Sources (“NPS”)

U.N. General Assembly Principles on Use of NPS in Outer Space; 413

U. S. Interagency Nuclear Safety Review Panel

Space Nuclear Power Systems Launched by the U.S. and U.S.S.R; 419

Semester Overview and Wrap-up

FINAL PAPER MAY BE TURNED IN AT THIS CLASS OR DELIVERED TO ME BY FRIDAY, DECEMBER 17, 2008

E-MAIL OR TELEPHONE FOR MY MAILING ADDRESSES