This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming’; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.

This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming'; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.

This paper reviews the origins of a key, universal concept used in the international and domestic (United States) regulation of radio frequency communications: “harmful interference.” It also explores the etymology of the term “interference” and related terms as they evolved from the earliest days of wireless spectrum regulation. These terms and their official definitions are often criticized as cryptic, vague, amorphous, and ambiguous, resulting in excessive regulatory uncertainty and delays. Several technical experts frustrated with the current definitions have attempted to suggest alternative concepts and approaches to defining or quantifying interference. Others have defended the “flexible” definition of “harmful interference.” However, no one has explored the original meaning of these key concepts in the context of the regulation of radio frequency communications.This paper digs deep into primary sources including international treaty documents, their original translation (and potential mistranslation) from the official language (French), and the deliberations of technical committees and national regulators. The paper starts with today's interference terminology as embodied in the longstanding regulatory definitions, then traces their roots from international treaties (some of which were lost in translation) and U.S. Navy reports of the early 1900s. We reveal the evolutionary path through the 1940s to the 1970s and 1980s when the current definitions were solidified by international and domestic regulators. Understanding the original purposes, context, and usage of these definitions shed light on modern-day critiques and misuses of the vocabulary. This leads to follow-up research efforts that should explore the interpretations and applications of these concepts with, for example, the century-old, principal ex ante approach to avoiding “harmful interference”: the international and domestic Table of Frequency Allocations.

This paper is intended to begin the development of fair and expedient processes for resolving disputes involving “harmful interference,” an oft-alleged and scarcely understood regulatory concept that is integral for the establishment, modification and enforcement of spectrum usage rights. There has been a continuous clamor to clearly define these substantive rights, especially those related to interference among disparate, neighboring and competing spectrum users. However, enforcement - or adjudication - of those rights is an equally, if not more, important feature of wireless regulation. If, as many suggest, Coasian bargaining through private negotiations among disputing parties is generally preferred over time-consuming regulatory intervention, then equitable and efficient procedural mechanisms, along with alternative institutions and venues, should be readily available if and when negotiations fail or are otherwise futile. This is especially true in a post “command-and-control” wireless world that relies on market-based mechanisms and flexible usage rules in the context of exclusive licensing and non-exclusive spectrum access models. In studying current and potential procedural mechanisms, many questions need to be addressed such as: what are the elements of harmful interference claims? what are the defenses to such claims? and who has the burden of presenting, proving and rebutting the facts of each claim and defense? This paper offers a framework for evaluating the case law developed over the decades by spectrum regulatory bodies to help answer these and other pertinent questions and identify best (and worst) practices and alternative solutions. This proposed framework centers around three broad categories of regulatory conflicts involving spectrum rights and claims of potential or actual interference: (1) disputes over establishment of new rights (typically through ex ante rulemakings) that pit new entrants against incumbent users; (2) clashes over modification or clarification of existing rights involving, e.g, adjacent incumbent neighbors in ex ante rulemakings or informal ex post adjudications; and (3) cases enforcing existing rights, which often is the regulator vs. interferers in ex post adjudications. Category 3 cases are significantly under-evaluated and deserve more attention. The purpose of this taxonomy is to foster development of a more consistent and data-driven analytical approach to evaluating existing procedural options (or lack thereof) for resolving the wide range of spectrum access and interference disputes. Under each category, case studies representing a variety of procedural and substantive situations would be thoroughly and empirically evaluated. A detailed technical analysis of the substantive interference and coexistence issues at the heart of such disputes would be deferred except to the extent that such issues affected process and results. Content analysis, the systematic reading and empirical analysis that legal scholars have used to gather data from the texts of judicial opinions, is the recommended approach. The analysis of a broad set of interference cases would test common presumptions of unpredictability, unfairness and lengthy duration surrounding interference matters. While the outcomes of the content analysis will likely depend on the number and types of cases that are evaluated, this future research should present a strong quantifiable basis for developing key features of the overall spectrum regulatory framework. And therefore, the major implication for spectrum policy would be that most, if not all, of the substantive rights for wireless operations need not be better defined by spectrum regulators before negotiations among interested parties can take place. Rather, emphasis would be on fair and expedient processes for any aggrieved party. Over time, as in other areas of the law, these processes can more reliably establish, modify, interpret or adjudicate undefined, conflicting and ambiguous rights. Note: An earlier draft version of this paper was prepared as a contribution to the University of Colorado Silicon Flatirons Summit on “Efficient Interference Management: Regulation, Receivers, and Right Enforcement” held on October 18, 2011. I appreciate the constructive assistance and encouragement from Pierre de Vries, Ellen Goodman, Coleman Bazelon and Giulia McHenry. And, thanks especially to Matthew Montgomery for uncovering some interesting cases in his own research.

Cybersecurity Key Legal Considerations for the Aviation and Space Sectors Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules. Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices. The broad range of issues and topics covered includes the following and more: whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks; substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities; jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors; vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference; various challenges for critical infrastructure resulting from, e.g., its interdependency, cross-border nature, public-private ownership and dual civil-military uses; safety and security in international air transportation, with special attention to the Chicago Convention and its Annexes; aviation liability and compensation in cases of cyberattacks, and insurance coverage against cyber risks; review of malicious relevant actors, malicious cyber operations, the typical life cycle of a cyberattack and industry responses. This book clearly responds to the need to elaborate adequate legal rules for ensuring that the multiple inlets for malicious cyber operations and the management of cybersecurity risks are addressed appropriately. It will be welcomed by all parties involved with aviation and space law and policy, including lawyers, governments, regulators, academics, manufacturers, operators, airports, and international governmental and non-governmental organisations. Review / Testimonial: ”In conclusion, I highly recommend this book for all scholars and practitioners of space and aviation law who need (and we all do!) a highly accurate and comprehensive background to these issues of cybersecurity.” Larry Martinez / German Journal of Air and Space Law (Zeitschrift für Luft- und Weltraumrecht) issue 2, 2021

Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.

As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.

Frans von der Dunk, a leading authority on space law, presents a nuanced introduction to the topic, explaining the legal rules, rights and obligations applicable to activities in outer space and activities that precede operations in space. He analyzes the interaction of these elements as well as how international organizations relate to the core tenets of space legislation.

Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space and deep seabed mining and natural resources in the arctic region. In its section on regional developments, EYIEL 9 addresses two regional integration systems which are usually not at the centre of public interest, but which deserve all the more attention due to their special relations with Europe: The Eurasian Economic Union and the Caribbean Community (CARICOM). Further EYIEL sections address recent WTO and investment case law as well as developments at the IMF. The volume also contains review essays of important recent books in international economic law and other aspects of international law which are connected to international economic relations. The chapter "Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice" by Lorenzo Cotula is open access under a CC BY 4.0 license via link.springer.com.