One of the resounding themes of yesterday’s Space Law and Policy 2010 symposium was that of the need for holistic solutions – that take into account the role of a variety of players- to solve the regulatory issues facing the space community.

The need for increased Space Situational Awareness (SSA) to avoid scenarios like the Iridium-Cosmos collision of February 2009 is one such issue that affects every satellite operator on the planet. The founders of the Space Data Association aim to complement the government services that track objects on orbit by establishing exchange of data procedures and providing conjunction analysis for commercial operators. Richard DalBello, Vice President of Intelsat General, explained how this approach would help address some of the limitations of the U.S. Strategic Command’s (StratCom’s) Space Surveillance Network, including the fact that the data StratCom makes public is incomplete or “dumbed down,” while not ignoring the concerns that call for such measures: “you [as a satellite operator] get information relevant to your satellite; no one’s downloading the entire database.”

Restrictions on satellite exports under the International Trade in Arms Regulations (ITAR) was another major topic. ITAR and export control reform were mentioned repeatedly during a panel composed of representatives of key U.S. companies answering the question – what keeps you up at night? The implications of ITAR require both education and translation for the investment community that the commercial sector depends on, explained Alexandra (Sasha) Field, Senior Vice President and Deputy General Counsel of TerreStar Networks. Education is key not only between industry and investors, but also between industry and regulators. Dean Manson, Senior Vice President of Hughes Network Systems, called it a “dual educating process” and said that industry also needs to “look inward” to understand how Washington works.

While export control reform is underway, discussions over the possibility of reforming the underlying international legal regime based on the 1967 Outer Space Treaty are still ongoing. Some argue the existing regime is sufficient to ensure the free and safe access of all countries to space, while others point to the need to ensure the rights of private actors in space and look to international measures to do so. Ken Hodgkins, from the U.S. Department of State, responded to a question about the possibility that the Obama Administration may reverse the Bush Administration’s policy against new international regulations saying that existing laws were “insufficient in some respects” due to the “changing nature of space activities” and that there are “gray areas that need to be looked at.” Ben Baseley-Walker, Legal and Policy Advisor for the Secure World Foundation, in turn, expressed enthusiasm at the Obama Administration’s “greater willingness to engage” with the international community.

Although some resistance to change can be expected, many are criticizing the long tradition of overhauling U.S. space policy each time a new Administration comes into office. Phil Meek, U.S. Air Force (ret.), said the constant reorganizations were akin to the process of getting a new commander: “by the time you get through the learning period, a new [one] comes aboard to change everything.” President Obama has pushed for change, particularly in NASA’s exploration program with the transformation of the Constellation Program and a renewed focus on technology development. NASA Deputy Administrator Lori Garver, who gave the last keynote speech of the event, argued that the President’s proposals – while definite changes – do not veer far from NASA’s foundational mandate in the 1958 National Aeronautics and Space Act. The FY2011 proposals follow the original goals “laid down in the founding document.” The President’s commitment to supporting the commercial sector is not new, she explained, but the focus on commercial procurement is – by providing sufficient resources up front and a guaranteed market.

The Space Act also directed the United States not to explore space alone, said Ms. Garver, and by providing funds not only for the continuation of the International Space Station, but for its increased utilization, the FY2011 proposal does just that. This cooperative initiative seeks to enhance a tradition that in the last 50 years has led to more than 3,000 agreements with more than 100 nations. This, she added, is just one of the benefits of the new proposal that seeks to “take us even further” in providing benefits for the country and the world, thus painting the “big picture.”

Space Law and Policy 2010 was the first International Institute of Space Law (ISSL) – International Academy of Astronautics (IAA) Symposium, in partnership with Secure World Foundation, Arianespace and the European Space Policy Institute. The event brought together experts from law, policy, military and academia to look at developments and challenges in the regulatory environment of U.S. space activities.

The 2007 editions of the Journal of Space Law are now available for free online. Journal editor Joanne Gabrynowicz notes that online access to the Journal is free for issues more than three years old and the collection dates back to 1973 when the journal started. More recent editions are available by subscription.

The International Institute of Space Law (IISL) is accepting abstracts until March 5, 2010 for papers to be presented at its annual Colloquium on the Law of Outer Space. The colloquium will be held in Prague, Czech Republic, as part of the International Astronautical Congress (IAC) from September 27-October 1, 2010. The IAC is a joint conference of the IISL, International Astronautical Federation (IAF) and International Academy of Astronautics (IAA). For instructions on how to submit an abstract for the IISL colloquium and other IAC sessions, visit this website. The IISL sessions are on the following topics:

• 30 Years of the Moon Agreement: Perspectives
• Legal Aspects of Space Security
• Current Status on the Rule of Law with Regard to Space Activities
• Recent Developments in Space Law, with special attention to Solar Power Satellites and to international intergovernmental agreements on space cooperation and space activities
• Joint IAF-IISL Session on Legal Framework for Collaborative Human Space Missions

Last week the House passed H.R. 3237, which would create a new Title of the U.S. Code for the laws that Congress already has passed regarding national and commercial space programs. Currently the space-related laws are in Title 15, Title 42 or Title 49. H.R. 3237 would group them into a new Title 51 as well as tidy them up by repealing obsolete provisions (e.g. a requirement for a report to be submitted a decade ago), correcting technical errors and making other non-substantive changes. As the bill report (H. Rept. 111-325) explains:

“In restating existing law, this bill consolidates various provisions of law which have been enacted separately over a period of many years, reorganizing them, conforming style and terminology, modernizing obsolete language, and correcting drafting errors. These changes are not intended to have substantive effect, or to impair in any way the precedential value of earlier judicial decisions or other interpretations.”

The House Judiciary Committee’s efforts to create a new Title for space-related laws began in 2005 (the 109^th Congress), but the previous bills were never reported from committee.

S. Neil Hosenball, who served as NASA’s General Counsel from 1975-1985, passed away on December 23. His obituary appears in today’s Washington Post. He succumbed to cancer.

Editor’s Note: Among his many legacies, Neil Hosenball was instrumental in negotiating what is commonly known as the 1979 “Moon Treaty” through the United Nations Committee on Peaceful Uses of Outer Space (COPUOS) — formally the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. Although U.S. policy on certain language in the treaty changed and the United States ultimately decided not to sign the treaty, Neil’s indefatigable pursuit of the agreement was testament to his skills as a space lawyer and negotiator.

The Moon Treaty was negotiated at the same time as the Law of Sea Treaty. The two were philosophically and politically joined in the sense that both invoked the principle of “common heritage of mankind.” At that time, some argued that natural resources in the deep sea bed and on the Moon were the common heritage of mankind and economic benefits deriving from them should be shared equitably among all nations. Although the United States initially was a strong supporter of the common heritage language — against the objections of the Soviet Union, among others — and successfully fought for consensus to include it, by the time the Moon Treaty reached Washington, forces were aligned against that principle and the United States did not sign it. The Law of the Sea Treaty met the same fate. The Moon Treaty entered into force in 1984 after the requisite five countries signed and ratified it (a total of 13 have done so now), but none of the major spacefaring countries is among them. (France and India signed but did not ratify it.) An interesting paper recounting the political defeat of the Moon Treaty in the United States was presented at the 2008 AIAA Aerospace Sciences meeting by Thomas Gangale.

Though many will remember Neil because of his role in the Moon Treaty negotiations, he was involved in many other issues as NASA’s General Counsel. In addition to being a great lawyer, Neil was a really nice person. I was a relative youngster back then and Neil was always more than willing to explain the intricacies of space law and COPUOS to me. It has been many years since our paths crossed, but I very much appreciate the time he spent sharing with me his excitement and enthusiasm for space law.

Economic and Societal Benefits of Peace in Space: Today and Tomorrow, by Corinne Contant and Marcia Smith, is a paper presented to the 4th Eilene M. Galloway Symposium on Critical Issues in Space Law on December 10, 2009.

• Full Text
• Oral Presentation
• Powerpoint Presentation

Other presentations from the symposium, sponsored by the University of Mississippi’s National Center for Remote Sensing, Air and Space Law and the International Institute of Space Law will be posted on the Center’s website.

The report of the 64th session of the United Nations Committee on Peaceful Uses of Outer Space (COPUOS) is now available from the U.N. Office of Outer Space Affairs. The meeting was held June 3-12, 2009 in Vienna, Austria. The report is available in all the official languages of the United Nations.

Dr. Eilene M. Galloway was a legend in the fields of space policy and space law, having been instrumental in the formation of the National Aeronautics and Space Administration (NASA). From 1941-1975, she worked for the U.S. Congress as a staff member of the Legislative Reference Service (later the Congressional Research Service) and was called upon by then-Senate Majority Leader Lyndon B. Johnson to advise him on how to respond to the Soviet Union’s launch of Sputnik 1 on October 4, 1957. She assisted Senator Johnson as well as then-Speaker of the House John McCormack in crafting the National Aeronautics and Space Act, which created NASA. She was particularly influential in drafting Section 205 of the act, which encourages NASA to conduct international space activities. She remained very active in the space policy and space law communities after her retirement until her death in 2009, two days short of her 103rd birthday. Throughout her space career, Dr. Galloway devoted herself to the principles that space should be used only for peaceful purposes and that international cooperation in space is essential. An article she wrote for publication in 2008 to celebrate NASA’s 50th birthday recalls the early days of the Space Age.

Eilene Galloway’s Space-Related Publications: 1957-2009

Dr. Galloway was a prolific author. A list of her known publications is available here. The list is incomplete, however. Anyone knowing of additional publications by her is encouraged to contact Marcia Smith at marcia.s.smith@gmail.com with the citation information and, if possible, a copy of the article or report.

Recordings from the Memorial Service, June 6, 2009

Dr. Galloway passed away on May 2, 2009, two days short of her 103rd birthday. Many of her friends and family members spoke at her memorial service on June 6, 2009, some traveling from great distances. The audio (MP3) files from the service are available below. The larger files may take a moment or two to load; please be patient.

• Jennifer Galloway, Eilene’s granddaughter (introduction)
• Jonathan Galloway, Eilene’s son
• Jennifer Galloway, Eilene’s granddaughter (tribute to Eilene)
• Marcia Smith, friend and colleague
• James Peoples, Eilene’s devoted helper
• Deborah Cobin Gilman, former colleague
• Margaret Roberts, friend and colleague
• Rosemary Marcuss, friend and neighbor
• Joanne Gabrynowicz, friend and colleague (who came from Mississippi for the service)
• Stan Marcuss, friend and neighbor
• Tanja Masson-Zwaan, friend and colleague (President of the International Institute of Space Law, who came from the Netherlands for the service)
• Judy Galloway, Eilene’s daughter-in-law
• Steve Doyle, friend and colleague (who came from California for the service)
• Linda Billings, friend and colleague
• JoAnn Clayton-Townsend, friend and colleague
• Amanda Moore, friend and colleague (who came from New York for the service)
• Jennifer Galloway, Eilene’s granddaughter (closing remarks)

The public memorial service for Eilene M. Galloway will be held this Saturday,June 6, from 10:00-12:00 at the Cosmos Club, 2121 Massachusetts Ave., N.W., Washington, D.C. Directions and parking information are available here. Please note that traffic may be difficult because of construction on two of the bridges connecting Virginia and Washington (14th Street Bridge and Chain Bridge), and the Susan G. Koman Race for the Cure that will be taking place that morning. Information on road closings is available here, and message boards on Canal Road say that it will be closed between Arizona Ave. and Georgetown beginning at 6:00 am on June 6.

Joanne Gabrynowicz of the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi reports that “The Pacific Rim National Space Law Summit hosted by the Center at the East-West Center at the University of Hawaii on May 19-20 was a success. It was attended by the leading space law scholars in the Pacific Rim and the Head of the U.N. Office of Outer Space Affairs. The papers will be published in the next issue of the Journal of Space Law. They will be published in English as well as translations of the native language of the authors, e.g., Chinese, Japanese, Thai, etc.
The meeting was blogcast live in both English and Chinese. See http://rescommunis.wordpress.com/2009/05/26/pacific-rim-national-space-law-summit-wrap-up/.”