Space Law Academy 2024 Discover how space capabilities are revolutionizing industries and creating new legal challenges and opportunities.

08:00

Registration and arrival

Speakers

08:30

MC welcome

08:40

The Australian domestic space law regime

In this session, you will gain insights into Australian space law and regulation. From licensing to international treaties, learn everything needed to hit the ground running and effectively navigate space law.

What You'll Explore:
- Global Influence: See how international treaties and law influence Australian space operations.
- Get to Know the Rules: Understand the ins and outs of ITU filings, licenses required for using spectrum, and launch licences.
- The Regulators: Learn about the roles of key agencies like the Australian Space Agency (ASA) and the Civil Aviation Safety Authority (CASA).
- Risk and responsibility: Understand how you can manage risk in your contracts (including liability and insurance essentials) and launch your space projects with confidence
- Real-World Insights: Through case studies, grasp the practical challenges and opportunities in the space industry.
- Future Forward: Wrap up with a peek into emerging trends and potential reforms in space law.

This session is perfect for anyone eager to master the legalities of space activities and steer through the regulatory cosmos with confidence!

Annabel Griffin
Partner
King & Wood Mallesons

Kate Creighton-Selvay
Partner
King & Wood Mallesons

Lauren Bourke
Senior Associate
King & Wood Mallesons

09:20

Securing the Stars: The Role of Insurance in Space Business

The realm of space activities has evolved from being predominantly driven by government initiatives to a dynamic arena influenced by private sector innovation. As the use of satellites becomes integral to various sectors including telecommunications and navigation, the importance of managing the associated risks has spurred the development of a specialized insurance market.

This session aims to delve into the role of space insurance in supporting the commercial and operational viability of space missions.

Key Takeaways:
- Understanding Space Insurance: How space insurance provides coverage for the myriad risks from the construction phase of satellites to their operational life in orbit, including physical loss, damage, and third-party liability.
- Risk Mitigation Strategies: How insurance policies designed to safeguard against significant financial losses during critical phases such as launch and post-launch, and how they are pivotal in making ambitious space activities feasible.
- Current Trends and Future Outlook: Explore how the space insurance market is responding to recent industry developments, including the challenges posed by increased traffic in low Earth orbit (LEO) and the advent of private space travel.
- Legal and Regulatory Framework: Understand the impact of international conventions on liability and how insurance plays a role in compliance and risk management for space missions.

10:00

10:30

How the physical qualities of space impact contracting, and what to expect in space related contracts.

As commercial activities in space grow, effective contracting becomes increasingly important to manage risks, responsibilities and rights among stakeholders in this evolving legal landscape.
 
This session will look at common commercial contract terms and how the characteristics of space impact on the drafting and operation of those terms.

The session will also consider how to contractually address risk allocation on matters including warranties, defects, asset ownership, schedule responsibilities, launch, launch failures and termination.

11:10

Due Regard for ‘Due Regard’ under the Outer Space Treaty’.

The Outer Space Treaty requires that States give ‘due regard to the corresponding interests of other States’.

In the decades since the Outer Space Treaty was finalised, many differing opinions have been offered as to what this practically requires.

In this presentation, derived from a forthcoming article in the Melbourne Journal of International Law, I examine what the orthodox rules of treaty interpretation can tell us about the obligation. Considering the context, object and purpose, available State practice, and the preparatory work of the treaty, I conclude that due regard is a significant standalone obligation, intrinsically tied to and representative of the key principles underlying the outer space legal regime.

In my analysis, it requires that States
(1) respect and protect the right of other States to use outer space;
(2) assess the general benefit/detriment globally of potential space activities; and
(3) co-operate where possible to ensure this resource is protected.

I also consider the relevance of analogical reasoning based on the law of the sea and what this can – and cannot – tell us about the meaning of due regard in outer space.

11:50

Lunch & networking

12:35

Space Law, Security, and Geopolitics in the Modern Era

Space has transcended its role as merely a frontier for exploration and scientific achievement; it is now a pivotal domain for global infrastructure, influencing vast segments of the world economy, military strategies, and national security. As nations increasingly engage in space activities, the extension of the geopolitical landscape beyond Earth highlights the pressing need for robust space law and enhanced international cooperation.

Key takeaways:
- Major Space Powers: Understand the influence of nations like the USA, China, Russia, India, and Japan in space.
- Satellites' Role: Recognize the essential support satellites provide to global infrastructure.

- Geopolitical Challenges: Explore the impact of terrestrial geopolitics on space activities.
- International Regulations: Understand the role of international treaties in governing outer space activities.
- Australian Space Law: Examine Australia's laws regarding space and their impact on national security.

- Legal Challenges: Discuss the complexities arising from the dual use of space technologies for civilian and military purposes.

Dale Stephens CSM FAAL
Director - Research Unit on Military Law and Ethics (RUMLAE)
The University of Adelaide
 

13:15

13:45

Space and Cyber Law

The security of space assets is essential to the space economy as well as to the strategic uses of space by Governments and their defence forces. This session covers the intersection of space law and the law applicable to cyber security and cyber operations. Key take aways will include the role of international norms and regulations, the significance of space as a critical infrastructure sector and the importance of cyber security plans for space operators in Australia. The session will also look at cyber security obligations arising from the Technology Safeguards Agreement between Australia and the US as well as reforms to Australia’s export controls arising out of the AUKUS trilateral partnership with the US and the UK. 

Event close