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Friday, August 23, 2019

World Heritage Site

From Wikipedia, the free encyclopedia
 
A World Heritage Site is a landmark or area which is selected by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as having cultural, historical, scientific or other form of significance, and is legally protected by international treaties. The sites are judged important to the collective interests of humanity.

To be selected, a World Heritage Site must be an already classified landmark, unique in some respect as a geographically and historically identifiable place having special cultural or physical significance (such as an ancient ruin or historical structure, building, city, complex, desert, forest, island, lake, monument, mountain, or wilderness area). It may signify a remarkable accomplishment of humanity, and serve as evidence of our intellectual history on the planet.

The sites are intended for practical conservation for posterity, which otherwise would be subject to risk from human or animal trespassing, unmonitored/uncontrolled/unrestricted access, or threat from local administrative negligence. Sites are demarcated by UNESCO as protected zones. The list is maintained by the international World Heritage Program administered by the UNESCO World Heritage Committee, composed of 21 "states parties" that are elected by their General Assembly.

The programme catalogues, names, and conserves sites of outstanding cultural or natural importance to the common culture and heritage of humanity. Under certain conditions, listed sites can obtain funds from the World Heritage Fund. The program began with the Convention Concerning the Protection of the World's Cultural and Natural Heritage, which was adopted by the General Conference of UNESCO on 16 November 1972. Since then, 193 state parties have ratified the convention, making it one of the most widely recognized international agreements and the world's most popular cultural program. 

As of July 2019, a total of 1,121 World Heritage Sites (869 cultural, 213 natural, and 39 mixed properties) exist across 167 countries. China and Italy, both with 55 sites, have the most of any country, followed by Spain (48), Germany (46), France (45), India (38), and Mexico (35).

History

Convention concerning the Protection of the World's Cultural and Natural Heritage
Signed16 November 1972
LocationParis, France
Effective17 December 1975
Condition20 ratifications
Ratifiers193 (189 UN member states plus the Cook Islands, the Holy See, Niue, and Palestine)
DepositaryDirector-General of the United Nations Educational, Scientific and Cultural Organization
LanguagesArabic, English, French, Russian, and Spanish

In 1954, the government of Egypt decided to build the new Aswan High Dam, whose resulting future reservoir would eventually inundate a large stretch of the Nile valley containing cultural treasures of ancient Egypt and ancient Nubia. In 1959, the governments of Egypt and Sudan requested UNESCO to assist their countries to protect and rescue the endangered monuments and sites. In 1960, the Director-General of UNESCO launched an appeal to the member states for an International Campaign to Save the Monuments of Nubia. This appeal resulted in the excavation and recording of hundreds of sites, the recovery of thousands of objects, as well as the salvage and relocation to higher ground of a number of important temples, the most famous of which are the temple complexes of Abu Simbel and Philae. The campaign, which ended in 1980, was considered a success. As tokens of its gratitude to countries which especially contributed to the campaign's success, Egypt donated four temples: the Temple of Dendur was moved to the Metropolitan Museum of Art in New York City, the Temple of Debod was moved to the Parque del Oeste in Madrid, the Temple of Taffeh was moved to the Rijksmuseum van Oudheden in the Netherlands, and the Temple of Ellesyia to Museo Egizio in Turin.

The project cost $80 million, about $40 million of which was collected from 50 countries. The project's success led to other safeguarding campaigns: saving Venice and its lagoon in Italy, the ruins of Mohenjo-daro in Pakistan, and the Borobodur Temple Compounds in Indonesia. UNESCO then initiated, with the International Council on Monuments and Sites, a draft convention to protect cultural heritage.

Convention and background

The United States initiated the idea of cultural conservation with nature conservation. The White House conference in 1965 called for a "World Heritage Trust" to preserve "the world's superb natural and scenic areas and historic sites for the present and the future of the entire world citizenry". The International Union for Conservation of Nature developed similar proposals in 1968, and they were presented in 1972 to the United Nations Conference on the Human Environment in Stockholm. Under the World Heritage Committee, signatory countries are required to produce and submit periodic data reporting providing the World Heritage Committee with an overview of each participating nation's implementation of the World Heritage Convention and a "snapshot" of current conditions at World Heritage properties.

Based on the draft convention that UNESCO had initiated, a single text was eventually agreed on by all parties, and the "Convention Concerning the Protection of the World Cultural and Natural Heritage" was adopted by the General Conference of UNESCO on 16 November 1972.

The Convention came into force on 17 December 1975. As of May 2017, it has been ratified by 193 states parties, including 189 UN member states plus the Cook Islands, the Holy See, Niue, and the State of Palestine. Only four UN member states have not ratified the Convention: Liechtenstein, Nauru, Somalia and Tuvalu.

Nomination process

A country must first list its significant cultural and natural sites; the result is called the Tentative List. A country may not nominate sites that have not been first included on the Tentative List. Next, it can place sites selected from that list into a Nomination File.

The Nomination File is evaluated by the International Council on Monuments and Sites and the World Conservation Union. These bodies then make their recommendations to the World Heritage Committee. The Committee meets once per year to determine whether or not to inscribe each nominated property on the World Heritage List and sometimes defers or refers the decision to request more information from the country which nominated the site. There are ten selection criteria – a site must meet at least one of them to be included on the list.

Selection criteria

Up to 2004, there were six criteria for cultural heritage and four criteria for natural heritage. In 2005, this was modified so that there is now only one set of ten criteria. Nominated sites must be of "outstanding universal value" and meet at least one of the ten criteria. These criteria have been modified or/amended several times since their creation.

Cultural

Site#252: The Taj Mahal, an example of a World Heritage Site.
Site#252: Taj Mahal, an example of a cultural heritage site.
  1. "represents a masterpiece of human creative genius and cultural significance"
  2. "exhibits an important interchange of human values, over a span of time, or within a cultural area of the world, on developments in architecture or technology, monumental arts, town-planning, or landscape design"
  3. "to bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared"
  4. "is an outstanding example of a type of building, architectural, or technological ensemble or landscape which illustrates a significant stage in human history"
  5. "is an outstanding example of a traditional human settlement, land-use, or sea-use which is representative of a culture, or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change"
  6. "is directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance"

Natural

Site#156: Serengeti National Park, an example of a natural heritage site.
 
Site#274: Historic Sanctuary of Machu Picchu, an example of a mixed heritage site.
  1. "contains superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance"
  2. "is an outstanding example representing major stages of Earth's history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features"
  3. "is an outstanding example representing significant on-going ecological and biological processes in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems, and communities of plants and animals"
  4. "contains the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation"

Legal status

UNESCO designation as a World Heritage Site provides prima facie evidence that such culturally sensitive sites are legally protected pursuant to the Law of War, under the Geneva Convention, its articles, protocols and customs, together with other treaties including the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and international law.

Thus, the Geneva Convention treaty promulgates:

"Article 53. PROTECTION OF CULTURAL OBJECTS AND OF PLACES OF WORSHIP. Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954,' and of other relevant international instruments, it is prohibited:
(a) To commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;
(b) To use such objects in support of the military effort;
(c) To make such objects the object of reprisals."

Extensions and other modifications

A country may request to extend or reduce the boundaries, modify the official name, or change the selection criteria of one of its already listed sites. Any proposal for a significant boundary change or modify the site's selection criteria must be submitted as if it were a new nomination, including first placing it on the Tentative List and then onto the Nomination File.

A request for a minor boundary change, one that does not have a significantly impact on the extent of the property or affect its "outstanding universal value", is also evaluated by the advisory bodies before being sent to the Committee. Such proposals can be rejected by either the advisory bodies or the Committee if they judge it to be a significant change instead of a minor one.

Proposals to change the site's official name is sent directly to the Committee.

Endangerment

A site may be added to the List of World Heritage in Danger if there are conditions that threaten the characteristics for which the landmark or area was inscribed on the World Heritage List. Such problems may involve armed conflict and war, natural disasters, pollution, poaching, or uncontrolled urbanization or human development. This danger list is intended to increase international awareness of the threats and to encourage counteractive measures. Threats to a site can be either proven imminent threats or potential dangers that could have adverse effects on a site.

The state of conservation for each site on the danger list is reviewed on a yearly basis, after which the committee may request additional measures, delete the property from the list if the threats have ceased or consider deletion from both the List of World Heritage in Danger and the World Heritage List.

Only two sites have ever been delisted: the Arabian Oryx Sanctuary in Oman and the Dresden Elbe Valley in Germany. The Arabian Oryx Sanctuary was directly delisted in 2007, instead of first being put on the danger list, after the Omani government decided to reduce the protected area's size by 90 percent. The Dresden Elbe Valley was first placed on the danger list in 2006 when the World Heritage Committee decided that plans to construct the Waldschlösschen Bridge would significantly alter the valley's landscape. In response, Dresden City Council attempted to stop the bridge's construction, but after several court decisions allowed the building of the bridge to proceed, the valley was removed from the World Heritage List in 2009.

The first global assessment to quantitatively measure threats to Natural World Heritage sites found that 63 percent of sites have been damaged by increasing human pressures including encroaching roads, agriculture infrastructure and settlements over the last two decades. These activities endanger Natural World Heritage sites and could compromise their unique values. Of the Natural World Heritage sites that contain forest, 91 percent of those experienced some loss since the year 2000. Many Natural World Heritage sites are more threatened than previously thought and require immediate conservation action.

Statistics

UNESCO World Heritage Sites

The World Heritage Committee has divided the world into five geographic zones which it calls regions: Africa, Arab states, Asia and the Pacific, Europe and North America, and Latin America and the Caribbean.

Russia and the Caucasus states are classified as European, while Mexico and the Caribbean are classified as belonging to the Latin America & Caribbean zone. The UNESCO geographic zones also give greater emphasis on administrative, rather than geographic associations. Hence, Gough Island, located in the South Atlantic, is part of the Europe & North America region because the government of the United Kingdom nominated the site.

The table below includes a breakdown of the sites according to these zones and their classification as of July 2019:

Zone/region Cultural Natural Mixed Total % State Parties with inscribed properties
Africa 53 38 5 96 8.56% 35
Arab states 78 5 3 86 7.67% 18
Asia and the Pacific 189 67 12 268* 23.91% 36
Europe and North America 453 65 11 529* 47.19% 50
Latin America and the Caribbean 96 38 8 141* 12.58% 28
Total 869 213 39 1121 100% 167
*The properties "Uvs Nuur Basin" and "Landscapes of Dauria" (Mongolia, Russian Federation) are trans-regional properties located in Europe and Asia and the Pacific region. They are counted here in the Asia and the Pacific region.
*The property "The Architectural Work of Le Corbusier, an Outstanding Contribution to the Modern Movement" (Argentina, Belgium, France, Germany, India, Japan, Switzerland) is a trans-regional property with component sites located in three regions – Europe and North America, Asia and the Pacific, and Latin America and the Caribbean. It is counted here in Europe and North America.

Countries with fifteen or more sites

Countries with fifteen or more World Heritage Sites, as of July 2019.

Consequences

Despite the successes of World Heritage listing in promoting conservation, the UNESCO administered project has attracted criticism from some for perceived under-representation of heritage sites outside Europe, disputed decisions on site selection and adverse impact of mass tourism on sites unable to manage rapid growth in visitor numbers.

A sizable lobbying industry has grown around the awards because World Heritage listing has the potential to significantly increase tourism revenue from sites selected. Site listing bids are often lengthy and costly, putting poorer countries at a disadvantage. Eritrea's efforts to promote Asmara is one example.

In 2016, the Australian government was reported to have successfully lobbied for Great Barrier Reef conservation efforts to be removed from a UNESCO report titled 'World Heritage and Tourism in a Changing Climate'. The Australian government's actions were in response to their concern about the negative impact that an 'at risk' label could have on tourism revenue at a previously designated UNESCO World Heritage site.

A number of listed World Heritage locations such as George Town, Penang, and Casco Viejo, Panama, have struggled to strike the balance between the economic benefits of catering to greatly increased visitor numbers and preserving the original culture and local communities that drew the recognition.

Thursday, August 22, 2019

Space law

From Wikipedia, the free encyclopedia
 
NASA Hubble Telescope's Deep Field image of space.
Hubble Deep Field (full mosaic) released by NASA on January 15, 1996.
 
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.

The origins of space law date back to 1919, with international law recognizing each country's sovereignty over the airspace directly above their territory, later reinforced at the Chicago Convention in 1944. The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e. the International Geophysical Year) initiated by the International Council of Scientific Unions. The Soviet Union's 1957 launch of the world's first artificial satellite, Sputnik 1, directly spurred the United States Congress to pass the Space Act, thus creating the National Aeronautics and Space Administration (NASA). Because space exploration required crossing transnational boundaries, it was during this era where space law became a field independent from traditional aerospace law.

Since the Cold War, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty") and the International Telecommunications Union have served as the constitutional legal framework and set of principles and procedures constituting space law. Further, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with its Legal and Scientific and Technical Subcommittees, are responsible for debating issues of international space law and policy. The United Nations Office for Outer Space Affairs (UNOOSA) serves as the secretariat of the Committee and is promoting Access to Space for All through a wide range of conferences and capacity-building programs. Challenges that space law will continue to face in the future are fourfold—spanning across dimensions of domestic compliance, international cooperation, ethics, and the advent of scientific innovations. Furthermore, specific guidelines on the definition of airspace have yet to be universally determined.

Early developments

At Caltech in 1942 Theodore von Kármán and other rocket scientists banded together to form Aerojet rocket company with the help of lawyer Andrew G. Haley. To toast the new corporation, Kármán said, "Now, Andy, we will make the rockets – you must make the corporation and obtain the money. Later on you will have to see that we behave well in outer space...After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence." Indeed, twenty years later Haley published the fundamental textbook, Space Law and Government.

Beginning in 1957 with the Space Race, nations began discussing systems to ensure the peaceful use of outer space. Bilateral discussions between the United States and USSR in 1958 resulted in the presentation of issues to the UN for debate. In 1959, the UN created the Committee on the Peaceful Uses of Outer Space (COPUOS). COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of international agreements relating to outer space.

In 1960 the International Astronautical Congress met in Stockholm and heard several submissions including a survey of legal opinion on extraterrestrial jurisdiction by Andrew G. Haley.

In 1963 Yale University Press published Law and Public Order in Space by Myres McDougal, Harold Lasswell and Ivan Vlasic.

International treaties

Five international treaties have been negotiated and drafted in the COPUOS:
  • The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty").
  • The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").
  • The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").
  • The 1975 Convention on Registration of Objects Launched into Outer Space (the "Registration Convention").
  • The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").
The Outer Space Treaty is the most widely adopted treaty, with 104 parties. The rescue agreement, the liability convention and the registration convention all elaborate on provisions of the outer space treaty. UN delegates apparently intended that the moon treaty serve as a new comprehensive treaty which would supersede or supplement the outer space treaty, most notably by elaborating upon the outer space treaty's provisions regarding resource appropriation and prohibition of territorial sovereignty. The moon treaty has only 17 parties  however, and many consider it to be a failed treaty due to its limited acceptance. India is the only nation that has both signed the moon treaty and declared itself interested in going to the moon. India has not ratified the treaty; an analysis of India's treaty law is required to understand how this affects India legally.

In addition, the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water ("Partial Test Ban Treaty") banned the testing of nuclear weapons in outer space.

International principles and declarations

The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space and the settlement of disputes."

The United Nations General Assembly adopted five declarations and legal principles which encourage exercising the international laws, as well as unified communication between countries. The five declarations and principles are:
  • The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)
All space exploration will be done with good intentions and is equally open to all States that comply with international law. No one nation may claim ownership of outer space or any celestial body. Activities carried out in space must abide by the international law and the nations undergoing these said activities must accept responsibility for the governmental or non-governmental agency involved. Objects launched into space are subject to their nation of belonging, including people. Objects, parts, and components discovered outside the jurisdiction of a nation will be returned upon identification. If a nation launches an object into space, they are responsible for any damages that occur internationally.
  • Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979)
  • Apollo 15 Moon landing. Jul 26, 1971 – Aug 7, 1971
    The agreement exists to promote the exploration of outer space but to keep the moon and other celestial bodies in pristine conditions for the common heritage of man, meaning that no nation may claim sovereignty over any part of space. All countries should have equal rights to conduct research on the moon or other celestial bodies. Weapons of mass destruction of any kind including nuclear and bases built for military purposes are specifically banned by the treaty. The United Nations resolution also states that all State Parties may conduct their enterprises below the surface of the moon or any celestial body so long as efforts are made to protect it from contamination. All activities in space are required to be attached to a nation and any damages to other nations equipment or facilities caused by another party must be repaid in full to that nation. Any discovery of a dangerous hazard such as an area that is radioactive must notify the United Nations Secretary General and the greater international scientific community immediately.
All missions in space lasting longer than 60 days must notify the UN Secretary General and the greater scientific community every 30 days of progress. Any samples that are collected from space must be made available at earliest convenience to the scientific community. The agreement does not include objects that fall to earth by natural means. Currently not a single nation that conducts its own missions in space has ratified the agreement. This likely signifies that the 'Moon Treaty is likely a failed treaty because none of the nations that actually go into space signed or ratified the agreement.
 
  • The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982)
 
Activities of this nature must be transpired in accordance with the sovereign rights of States. Said activities should "promote the free dissemination and mutual exchange of information and knowledge in cultural and scientific fields, assist in educational, social and economic development, particularly in the developing countries, enhance the qualities of life of all peoples and provide recreation with due respect to the political and cultural integrity of States." All States have equal rights to pursue these activities and must maintain responsibility for anything carried out under their boundaries of authority. States planning activities need to contact the Secretary-General of the United Nations with details of the undergoing activities.
  • The Principles Relating to Remote Sensing of the Earth from Outer Space (1986)
 
Fifteen principles are stated under this category. The basic understanding comes from these descriptions given by the United Nations Office for Outer Space Affairs:
 
(a) The term "remote sensing" means the sensing of the Earth's surface from space by making use of the properties of electromagnetic waves emitted, reflected or :diffracted by the sensed objects, for the purpose of improving natural resources management, land use and the protection of the environment;
(b) The term "primary data" means those raw data that are acquired by remote sensors borne by a space object and that are transmitted or delivered to the ground :from space by telemetry in the form of electromagnetic signals, by photographic film, magnetic tape or any other means;
(c) The term "processed data" means the products resulting from the processing of the primary data, needed to make such data usable;
(d) The term "analysed information" means the information resulting from the interpretation of processed data, inputs of data and knowledge from other sources;
(e) The term "remote sensing activities" means the operation of remote sensing space systems, primary data collection and storage stations, and activities in :processing, interpreting and disseminating the processed data.
  • The Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992)
 
"States launching space objects with nuclear power sources on board shall endeavour to protect individuals, populations and the biosphere against radiological hazards. The design and use of space objects with nuclear power sources on board shall ensure, with a high degree of confidence, that the hazards, in foreseeable operational or accidental circumstances, are kept below acceptable levels..."
  • The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries (1996)
 
"States are free to determine all aspects of their participation in international cooperation in the exploration and use of outer space on an equitable and mutually acceptable basis. All States, particularly those with relevant space capabilities and with programmes for the exploration and use of outer space, should contribute to promoting and fostering international cooperation on an equitable and mutually acceptable basis. In this context, particular attention should be given to the benefit for and the interests of developing countries and countries with incipient space programmes stemming from such international cooperation conducted with countries with more advanced space capabilities. International cooperation should be conducted in the modes that are considered most effective and appropriate by the countries concerned, including, inter alia, governmental and non-governmental; commercial and non-commercial; global, multilateral, regional or bilateral; and international cooperation among countries in all levels of development."

Consensus

The United Nations Committee on the Peaceful Uses of Outer Space and its Scientific and Technical and Legal Subcommittees operate on the basis of consensus, i.e. all delegations from member States must agree on any matter, be it treaty language before it can be included in the final version of a treaty or new items on Committee/Subcommittee's agendas. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is easier to achieve consensus when language and terms are vague. In recent years, the Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement (the idea of which, though, was proposed just by a few member States). It is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time-consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.

1998 ISS agreement

In addition to the international treaties that have been negotiated at the United Nations, the nations participating in the International Space Station have entered into the 1998 Agreement among the governments of Canada, Member States of the European Space Agency, Japan, Russian Federation, and the United States concerning cooperation on the Civil International Space Station. This agreement provides, among other things, that NASA is the lead agency in coordinating the member states' contributions to and activities on the space station, and that each nation has jurisdiction over its own module(s). The agreement also provides for protection of intellectual property and procedures for criminal prosecution. This agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars, where the first off-world colonies and scientific/industrial bases are likely to be established.

National law

Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty gives responsibility for regulating space activities, including both government and private sector, to the individual countries where the activity is taking place. If a national of, or an organization incorporated in one country launches a spacecraft in a different country, interpretations differ as to whether the home country or the launching country has jurisdiction.

The Outer Space Treaty also incorporates the UN Charter by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as customary international law (the custom and practice of states). 

The advent of commercial activities like space mining, space tourism, private exploration, and the development of many commercial spaceports, is leading many countries to consider how to regulate private space activities. The challenge is to regulate these activities in a manner that does not hinder or preclude investment, while still ensuring that commercial activities comply with international law. The developing nations are concerned that the spacefaring nations will monopolize space resources.[citation needed] Royalties paid to developing countries is one reason the United States has not ratified the United Nations Convention on the Law of the Sea, and why some oppose applying the same principles to outer space.

Several nations have recently updated their statutory space law, among them Luxembourg in 2017, the United States in 2015, and Japan, with the Basic Space Law in 2008. Due to the expansion of the domain of space research and allied activities, in India, the Draft Space Activities Bill was introduced in the year 2017.

Geostationary orbit allocation

A diagram showing different positions of geostationary orbits, along with depictions of where certain satellites are located.
Source: Own work, Earth bitmap is File:North_pole_february_ice-pack_1978-2002.png by Geo Swan. Creative Commons Attribution-Share Alike 3.0 Unported license. (No changes made.)

Allocative Limitations

Objects in geostationary orbits remain stationary over a point on the earth due to gravity. There are numerous advantages in being able to use these orbits, mostly due to the unique ability to send radio frequencies to and from satellites to collect data and send signals to various locations. The United Nations Committee on Peaceful Uses of Outer Space has approved seven nonmilitary uses for these orbits: communications, meteorology, earth resources and environment, navigation and aircraft control, testing of new systems, astronomy, and data relay. The requirement to space these satellites apart means that there is a limited number of orbital "slots" available, thus only a limited number of satellites can be placed in geostationary orbit. This has led to conflict between different countries wishing access to the same orbital slots (countries at the same longitude but differing latitudes). These disputes are addressed through the ITU allocation mechanism.

Countries located at the Earth's equator have also asserted their legal claim to control the use of space above their territory, notably in 1976, when many countries located at the Earth's equator created the Bogota Declaration, in which they asserted their legal claim to control the use of space above their territory.

Political Controversy

Future developments using geostationary orbits may include an expansion of services in telecommunication, broadcasting, and meteorology. As a result, uses for geostationary orbits may stir political controversy. For example, broadcasting and telecommunication services of satellites orbiting above Earth from certain nations may accidentally "spill over" into other nations' territory. This may prompt conflict with nations that wish to restrict access to information and communication. Current and future political and legal concerns allocation may pose may be addressed by international legislatures, such as the United Nations Committee on the Peaceful Uses of Outer Space and the International Telecommunication Union.

Ethics

Ethics can be defined as "the task of being human." In space law, ethics extend to topics regarding space exploration, space tourism, space ownership, the militarization of space, environmental protection, and distinguishing the boundaries of space itself.

Commercial Use

Early discussions regarding space ethics revolved around whether or not the space frontier should be available for use, gaining prominence at the time of the Soviet Union and United States' Space Race. In 1967, the "Outer Space Treaty" dictated that all nations in compliance with international regulation are permitted to exploit space. As a result, the commercial use of space is open to exploitation by public and private entities, especially in relation to mining and space tourism. This principle has been the subject of controversy, particularly by those in favor of environmental protection, sustainability, and conservation.

Environmental Protection

More recent discussions focus on the need for the international community to draft and institute a code of space ethics to prevent the destruction of the space environment. Furthermore, the advancement of life in space pertain to questions related to the ethics of biocentrism and anthropocentrism, or in other words, determining how much value we place in all living things versus human beings specifically. Currently, researchers in the bioengineering field are working towards contamination control measures integrated into spacecrafts to protect both space and earth's biosphere.

Defining "space"

Many ethical questions arise from the difficulty of defining the term "space." Scholars not only debate its geographical definition (i.e. upper and lower limits), but also whether or not it also encompasses various objects within it (i.e. celestial objects, human beings, man-made devices). Lower limits are generally estimated to be about 50 kilometers. More difficulties arise trying to define the upper bounds of "space," as it would require more inquiry into the nature of the universe and the role of earth (along with within it.)

Future developments

Exploitation

American Society of International Law Space Interest Group 2014 Board meeting
 
While this field of the law is still in its infancy, it is in an era of rapid change and development. Arguably the resources of space are infinite. If commercial space transportation becomes widely available, with substantially lower launch costs, then all countries will be able to directly reap the benefits of space resources. In that situation, it seems likely that consensus will be much easier to achieve with respect to commercial development and human settlement of outer space. High costs are not the only factor preventing the economic exploitation of space: it is argued that space should be considered as a pristine environment worthy of protection and conservation, and that the legal regime for space should further protect it from being used as a resource for Earth's needs. Debate is also focused on whether space should continue to be legally defined as part of the “common heritage of man,” and therefore unavailable for national claims, or whether its legal definition should be changed to allow private property in space.

As of 2013, NASA's plans to capture an asteroid by 2021 has raised questions about how space law would be applied in practice.

In 2016, the nation of Luxembourg has set out a formal legal framework which ensures that private companies engaged in mining resources in space have rights to those resources.

Legal profession

Michael Dodge, of Long Beach, Mississippi, was the first law school graduate to receive a space law certificate in the United States. Dodge graduated from the National Center for Remote Sensing, Air and Space Law at the University of Mississippi School of Law in 2008. He is now an assistant professor in the Department of Space Studies at the University of North Dakota.

The University of Mississippi School of Law continues to be the only law school in the United States to offer a Master of Laws (LL.M.) Program in Air and Space Law.

The University of Sunderland is the first UK University to offer a space law module as part of its LLB programme.

The University of Nebraska College of Law offers the U.S.’s first and only LL.M. and Doctor of the Science of Law (J.S.D.) in space, cyber, and telecommunications law. Professor Frans von der Dunk, former Director of space law research at Leiden University joined the program in 2007. In addition to the LL.M., students can earn a J.D. at Nebraska Law with an emphasis in space and telecommunications law. The program also hosts three space and telecommunications conferences each year.

For more than 10 years, the University of Paris-Sud with the Institute of Space and Telecommunications Law have offered a Master's degree in Space Activities and Telecommunications Law. This Master is supported by numerous companies of space and telecommunications sectors.

In August 2012, students at the University of the Pacific, McGeorge School of Law in Sacramento, California created the McGeorge Society for Space Law and Policy.

In September 2012, the Space Law Society (SLS) at the University of Maryland Francis King Carey School of Law was established. A legal resources team united in Maryland, a "Space Science State," with Jorge Rodriguez, Lee Sampson, Patrick Gardiner, Lyra Correa and Juliana Neelbauer as SLS founding members.

In August 2014, students at Northeastern University School of Law founded the school's Space Law Society. 

Since 1951, the McGill Faculty of Law in Montreal, Canada hosts the Institute of Air and Space Law, and offers an LL.M. in Air and Space law. Leiden University, Netherlands hosts an International Institute of Air and Space Law and offers an LL.M. degree. 

In 2014, students at American University Washington College of Law founded the school's Space Law Society, with the help of Pamela L. Meredith, space lawyer and adjunct professor of Satellite Communications and Space Law.

The Mars Generation

From Wikipedia, the free encyclopedia
 
The Mars Generation Logo.jpg
AbbreviationTMG
FormationJanuary 1, 2015; 4 years ago
FounderAbigail Harrison "Astronaut Abby"
TypeNGO Nonprofit corporation 501(c)(3)
Legal statusThe Mars Generation is a "public charity" and is eligible to receive tax-deductible charitable contributions
PurposeSTEM education and space advocacy for human mission to Mars
HeadquartersMinneapolis, Minnesota, United States
Key people
Board of Directors: Advisory Board:
Student Space Ambassador Program Advisory Board:
  • Ken Buckley (Chair)
  • Morgan Irons (Vice Chair)
  • Nicole Chase (Director of SSA)
Websitethemarsgeneration.org

The Mars Generation is an American internationally active, non-governmental nonprofit organization involved in public outreach and advocating for human space exploration and science, technology, engineering, and mathematics (STEM) education.

The mission of The Mars Generation is to educate and inspire people of all ages about science, technology, engineering, and mathematics (STEM) and human space exploration and the importance of space and STEM to the future of humankind. The Mars Generation is volunteer-driven by executive and advisory boards with leaders from the space industry including astronauts, engineers and scientists as well as nonprofit, education and business sectors.since its founding in 2015.

In June 2017, The Mars Generation was recognized with a business innovation award for their use of technology to build the organization and its programs. This unique approach to creating a nonprofit is credited to the organization's founder and leader Abigail Harrison leveraging her own internet personality as Astronaut Abby to grow the organization. As of August 2017, The Mars Generation and Astronaut Abby have over one million followers of their combined social media channels and have reached an estimated 25 million.

History

The Mars Generation was founded in 2015 by 18-year-old Abigail Harrison, popularly known as "Astronaut Abby" and has the support of high-level advisory board members which includes astronauts, engineers and scientists as well as nonprofit, education and business professionals.

Harrison started STEM and space advocacy work at the age of 13 by initially setting up a Twitter account under her childhood nickname "Astronaut Abby." She used her @AstronautAbby Twitter account to connect with NASA employees to try and procure a quote for her National History Day project. Her account biography stated that she was aspiring to be an astronaut and had a goal to be the first person to set foot on Mars. After she received the NASA quote, she began to share her journey to Mars which included tweets about space events, school and her personal life with the goal of not only exciting people about mars exploration but creating advocates for human space exploration.

In May 2013, at 15-years old, Harrison partnered with her mentor, Astronaut Luca Parmitano as his Earth Liaison and shared his experience living in space on the International Space Station during Expedition 36 and Expedition 37. Harrison setup an international outreach program consisting of classroom web chats, an email pen pal program, classroom visits, blogging on AstronautAbby.com, writing for other publications, speaking at events, and sharing on social media. Initially called the Soyuz Adventure, after Astronaut Parmitano returned to Earth, it was renamed "The Future of Space" and Harrison continued to run the program. This program was the basis for the development of The Mars Generation nonprofit in 2015.

Programs

Core programs

The Mars Generation offers 3 core programs that are focused on helping the organization reach its mission of exciting and educating people of all ages about STEM education and human space exploration.

The Future of Space Outreach Program

The Future of Space Outreach program excites and educates people of all ages about human space exploration as well as STEM education and encourages the support of space exploration and STEM education.

Student Space Ambassador Leadership Program

The Student Space Ambassador Leadership Program (SSA) is a dual program in mentorship and leadership designed to provide school and career guidance to students ages 13–24. The program also provides encouragement for students to share their passion and excitement about space exploration and STEM education as ambassadors within their communities.

Space Camp Scholarship Program

This program provides full paid scholarships to include transportation, flight suits and a small spending stipend for students demonstrating financial need to attend U.S. Space Camp. In order to apply for consideration students need to be age 15–17, demonstrate interest in space exploration and an aptitude in STEM and complete the application, including obtaining a recommendation from a teacher and/or mentor.

Additional programs and initiatives

24 Under 24 Leaders and Innovators In STEAM and Space Awards

In March 2017, The Mars Generation announced the launch of the 24 Under 24 Leaders and Innovators In STEAM and Space Awards, a program designed to recognize and encourage students and young adults who are making a significant impact in the world through space and/or STEAM (science, technology, engineering, arts and mathematics).

Train Like A Martian Challenge

The Train Like A Martian Challenge is an annual event sponsored by The Mars Generation that raises awareness about human space exploration and STEM education while encouraging people of all ages to become more physically active. The event challenges participants to participate in a daily activity and share videos and photos of the activity on social media channels using the #TrainLikeAMartian hashtag.

Membership program

In 2016, The Mars Generation launched its membership program providing a way for people to support the organization while receiving perks that are only available to members. These membership perks include invitations to special events, discounts, updates and offers.

Partnerships and engagements

Partnerships

The Mars Generation has several strategic partnerships with organizations to help promote advocacy and excitement for STEM and space exploration.

Team America Rocketry Challenge

An outreach partnership was formed in 2016 between The Mars Generation and the Team America Rocketry Challenge (TARC), a nationwide American model rocketry competition that is sponsored by the Aerospace Industries Association and the National Association of Rocketry.

Explore Mars

In 2016 an outreach partnership was formed with Explore Mars the organization that hosts the annual Humans to Mars Summit, a leading Mars advocacy and information conference.

National Geographic Kids

An outreach partnership was formed in 2017 between The Mars Generation and National Geographic Kids to promote STEAM awareness through their Guinness World Records rocket project.

Engagements

As an international outreach organization, The Mars Generation has been invited to attend multiple engagements to talk about the nonprofit and outreach work they do to excite and educate people about space exploration and science, technology, engineering, and mathematics (STEM) education.

TEDx Snowlibaries

(2015) – The Mars Generation Advisory board member, Astronaut Dorothy Metcalf-Lindenburger gave a TEDx talk titled "The Mars Generation" where she shared her own journey to becoming an astronaut, the past and present of human spaceflight|human space exploration and how The Mars Generation nonprofit is playing a role in the future of human spaceflight|human space exploration.

Humans to Mars Summit

(2016 & 2017) – The Mars Generation founder Abigail Harrison represented The Mars Generation as a speaker for the 2016 and 2017 Humans to Mars Summit hosted by Explore Mars in Washington D.C. 

Project Space Forum

(2017) – The Mohammed bin Rashid Space Centre located in Dubai, United Arab Emirates invited The Mars Generation founder Abigail Harrison to tour their space agency and speak at their Project Space forum as an representative of The Mars Generation and an international space ambassador.

STEM in 30 show

(2017) – The Mars Generation founder, Abigail Harrison represented The Mars Generation as a guest on the live broadcast of the STEM in 30 show produced by National Air and Space Museum of the Smithsonian Institution and sponsored by NASA. The show is geared towards elementary and middle school classrooms.

Kennedy Space Center Visitors Center Complex

(2017) – As part of the NASA Kennedy Space Center Visitors Center Summer Of Mars Initiative The Mars Generation founder Abigail Harrison appeared to speak and for a photo opportunity to represent the nonprofit.

Political psychology

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