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  • The Global Exploration Strategy: Legal Perspectives

    Paper number

    IAC-08.E8.5.4

    Author

    Mrs. Corinne Contant-Jorgenson, Advancing Space Consulting Group, United States

    Coauthor

    Mr. Karl W. Abendschein, Berliner, Corcoran & Rowe, L.L.P., United States

    Year

    2008

    Abstract
    The Global Exploration Strategy (GES) is an initiative by 14 space agencies that establishes a collaborative strategy for exploring the solar system.  
    
    The GES proposes the creation of a Coordination Mechanism, which is a voluntary non-binding forum where countries have the opportunity to present their space exploration programs and identify areas of collaboration that would be mutually beneficial.
    
    Implementation of the GES will require developing new and innovative technologies, many of which will come from the private sector, such as space-based resource extraction, and efficient power generation and energy storage.  Governments, through the Coordination Mechanism, can assist industry in this critical role.
    
    For industry to operate in a healthy sustainable environment, governments will need to address among others, any legal impediments to industry participation in activities in furtherance of the GES.  Some of the legal challenges that need to be addressed at the early stages of this endeavor are intellectual property rights and national export control regimes.
    
    The GES states that “the Coordination Mechanism will provide a forum to discuss these important issues,” and assess whether any additional legal agreements are necessary.”  As currently envisioned, this “assessment” by the Coordination Mechanism does not appear to require the participants to reach concrete solutions to these important legal questions.
    
    In order to start a discussion regarding the efficacy of the proposed Coordination Mechanism, it is of interest to identify and analyze these legal issues and their potential impact on the GES. This paper will also discuss whether the Coordination Mechanism structure is sufficient to reach compromises that will result in tangible actions to address the important legal issues identified herein.
    Abstract document

    IAC-08.E8.5.4.pdf

    Manuscript document

    IAC-08.E8.5.4.pdf (🔒 authorized access only).

    To get the manuscript, please contact IAF Secretariat.