Broadcast 1413 (Special Edition)

Guest: Professor Joanne Gabrynowicz. Topics: Space law updates, U.S. Constitution and space law, commercial space. We welcomed back Professor Joanne Gabrynowicz to update us on space law issues of which there were many. You can find her paper, "One Half Century and Counting: The Evolution of U.S. National Space Law and Three Long-Term Emerging Issues" that we discussed during the first segment at http://hlpronline.com/2010/06/gabrynowicz_space. The Res Communis blog that our guest referred to is at http://rescommunis.wordpress.com. The Space Law Center at Ole Miss can be found at www.spacelaw.olemiss.edu. In Segment One, we started out with space history which is the first part of the Harvard Law Journal article referenced in the first link above. We covered many important topics including Article VI of the Outer Space Treaty (OST), space as a global commons, jurisdiction, and more. In this segment, commercial space companies were discussed and we looked at what constituted a commercial venture. Legal licensing regimes were introduced, defined, and explained. Industrial policy for U.S. businesses was a discussion topic which you will definitely want to hear as part of our commercial space component. In Segment Two, we led off with a discussion about jurisdiction followed with a discussion about the Permanent Court of Arbitration drafting new Optional Rules for Arbitration of Disputes Relating to Outer Space and using satellite imagery as legal evidence. Toward the end of the segment, questions came up about the U.S. Constitution and its interpretation. This is a must hear analysis regarding the constitution as a living document and strict constructionist doctrine. In Segment Three, Joanne talked about the Space Law Archives at Ole Miss and very important additions to the collection. We talked about the need for a technical background in space law and our guest had much to say about this and various backgrounds useful for studying, understanding, and implementing space law. The subject of intellectual property for space came up as well as what might have to happen for China to become an ISS partner. Our guest listed two things so be sure to listen to this discussion. ITAR was discussed as was the entire issue of the U.S. government and others regulating space field and space industry. Toward the end of the program, property rights, liability, and accountability were introduced via listener questions as examples where there might be too much government regulation for space. Joanne referenced Article 6 of the OST in her reply to the listeners. Again, don't miss what our guest had to say about these important issues as she did not agree that space was too heavily regulated. See if you agree with what she said on this issue. Close to the end of the program, we talked about treaty law as the supreme law of the land and what that actually means. We concluded today's discussion with my asking Joanne if she had ever visited the home of Elvis in nearby Tupelo, MS. If you have a question or comment for Professor Joanne Gabrynowicz, please visit the Space Law Center website at www.spacelaw.olemiss.edu/Gabrynowicz.html.