Broadcast 3967 Michael Listner, Atty

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The Space Foundation Conference

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Guest:  Michael Listner;  Topics:  Michael review space law and policy actions, policy and considerations for the year 2022.  This resulted in multiple and various discussion topics.  Use the Tags as a guide to the topics talked about on this program.

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We welcomed Michael Listner back to the show to sum up space law/policy for 2022.  Multiple topics and issues were talked about so follow the Tags as they do a good job of hitting high points and main topics in the order discussed.  The Tags are repeated below for your convenience.

"Tags: Michael Listner, space law 2022 review, streamlining commercial space by executive order, National Space Council, FAA, FCC & Dept. of Commerce regulation, Congress, congressional bickering, Musk triggering congressional action against commercial space, payload review, mission outcome, arms control, unilateral test ban, PRC and Russia, ASAT tests, Ukraine war, commercial space and national security, NASA and the Moon, consequences for bad actors, Artemis sustainability, SLS, the Musk-SpaceX human lunar lander for 2025, PRC trends, South China Sea concerns, Taiwan concerns, India and China concerns, space as a campaign issues for 2024, Virgin Galactic litigation, international space treaties, nuclear weapons, Article 6 of the OST is not self-executing, customary international law, norms, Art. 9 concerns, unpeace, UAE, ispace lunar mission, space rescue, space and the Middle East for 2023, Saudi Arabia, Israel, Artemis Accords, Georgia spaceport problems."

Several phone calls were received on many topics but it seems Artemis, SLS, Starship, Musk, the Ukraine war, Starlink and China controlled the discussion and topics of interest.  The U.S. Congress was mentioned quite a bit for its role, good or bad plus Michael covered regulatory agency territorial disputes with the FAA, FCC, DOD and even NOAA getting in on the act.  Dual use regulations were mentioned a few times as were issues that seem to have the capability to challenge the Outer Space Treaty re Articles 6 and 9.  You can hear Michael talking about the respective issues with them, especially as it concerns China and Russia.  Arms control was talked about in the guise of a Universal Test Ban.  This was all part of the ongoing ASAT story.  You might be surprised to hear who the parties are to each side of this important discussion.

Michael brought up payload review which we have discussed on many earlier programs.  He thought going to a mission review with a payload review as part of the overall mission was a better way to go about regulations than just based on a payload review.  Be sure to listen to all of what he had to say on this topic.  Throughout the program Michael talked about norms, also a topic he has addressed on other Space Show program.  He expressed reasons for concern re the establishment of norms but listen to his commentary to fully understand this as not all norms are worrying material.  Later, Tony called to mention the Japanese ispace mission with its lunar lander.  This was followed by a short mention of some sort of legal space rescue system.  Before the program ended, Michael said to pay attention in 2023 to the Middle East.  After you listen to his comments you will know why he said that.

Please post your comments/questions on our blog for this show.  You can reach Michael through his space law website, hwww.spacelawsolutions.com.  

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Michael's classic space legal & policy review this year and upcoming next year.

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18 Dec 2022 Michael Listner
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  • The Space Foundation Conference

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