National Space Legislation

Abstract

This chapter will discuss the selected national space legislation in chronological order based on the date the main act was first adopted, i.e. Sweden (Sect. 3.1), the UK (Sect. 3.2), Australia (Sect. 3.3), China (Sect. 3.4), Belgium (Sect. 3.5), the Netherlands (Sect. 3.6), France (Sect. 3.7), Austria (Sect. 3.8), Indonesia (Sect. 3.9), Denmark (Sect. 3.10) and New Zealand (Sect. 3.11). Each analysis will follow the same model. First, the analysis will consist of a discussion of the rationale and policy underlying the decision to enact national space legislation. Although the main rationale for enacting national space legislation will coincide with the general rationale set out in the previous chapter, the rationale will still be discussed per country. This is to highlight more unique considerations and give a more complete and precise overview of each state’s national space legislation. Second, the scope of the legislation will be determined. This determination will include the ratione loci, ratione materiae and ratione personae of the legislation, i.e. to which activities the legislation is applicable geographically, to which types of activities the legislation is applicable and to whom the legislation is applicable. Finally, the content of the legislation will be ascertained. Primarily, the regulation of authorisation, insurance, recourse and liability, registration, environmental protection and enforcement of the legislation will be discussed because they are regulated in each jurisdiction. Furthermore, some legislation regulates additional matters, such as the measures and obligations that need to be taken when an incident occurs and the return of space objects of other states that have returned to Earth on the territory or under the jurisdiction of the state. These additional subjects will also be considered for each jurisdiction that regulates them. Procedural, administrative and technical requirements will not be discussed in detail. The procedural and administrative requirements are country specific and do not specifically pertain to space law as such, while the technical requirements can be very extensive and specific.