Contracting for Space

Lesley Jane Smith is a Professor of Law at Leuphana Universität Lüneburg and the Riga Graduate School of Law, University of Latvia and a practising Member of the Law Society of Scotland and the Hanseatic Bar of Bremen. She is a Partner in the law firm Weber-Steinhaus & Smith, Cotton Exchange, Bremen. After her studies and legal training in the UK, Prof. Smith went on to work for international law firms in France and Germany, followed by postgraduate study in European Law in Brussels and in Comparative law in Italy. After exposure to work in government legislative review and reform within the Scottish Law Commission, Prof. Smith became a researcher in European law at the Centre for European Legal Policy, ZERP, University of Bremen, where she completed her thesis Dr. iur. in 1990. Prof Smith has a long record of teaching within European and Comparative Law degree programmes, including the German-Dutch Hanse Law School, and was latterly appointed Rector of the Riga Graduate School of Law, University of Latvia, where she remains as a full professorial member of Faculty. She has also published widely on the subject of commercial space law, latterly liability for Galileo GNSS, and issues of spatial data. As a result of her commitment, Professor Smith was appointed a member of the International Institute of Space Law in 2003 and is currently a candidate for the International academy of Astronautics. Ingo Baumann is partner in the law firm BHO Legal based in Cologne and Munich. He holds a PhD of the Cologne Institute of Air and Space Law and is member of the International Institute of Space Law, the European Centre for Space Law and the International Bar Association Practice Groups of Space and Communications Law. Before establishing BHO Legal, Ingo Baumann was legal advisor as well as Head of the Galileo Project Office within the German Aerospace Centre. He has now more than 10 years practical experience as legal advisor in the Space Sector and has been responsible for numerous large scale satellite projects. Ingo Baumann is guest lecturer at the International Space University as well as at Leiden University and has published several works on ITU frequency matters, privatization of the International Satellite Organizations, GNSS or Geoinformation services.

'This book is a toolbox for space practitioners. Name a topic - from as general as policy to as specific as procurement - and you will find it covered. The chapters are written by a plethora of specialists, yet form a coherent guide, expertly edited by two experienced legal scholars/practitioners. At a time when the European space industry is at a cross-roads and the formulation of a European strategy for space high on the political agenda, this book is a must for any space lawyer.' Tanja Masson-Zwaan, Leiden Law School, The Netherlands 'This book is an exciting survey of the increasing number of cases and growing laws and policies applicable to space activities in Europe. It can be used by practitioners and policy makers as a valuable legal resource in the definition of regulatory, economic and policy factors of the European space policy.' Marco Ferrazzani, ESA Legal Counsel, Paris 'An essential compendium and welcome update on developments and practice in space law and business in Europe. The interaction between well-known academics and practitioners, the link between international law of outer space and private law aspects of space activities combine to make it exciting reading for practitioners and students alike.' Armel Kerrest, University of Western Brittany and Paris XI, France and Vice-Chairman of the European Center for Space Law of the European Space Agency 'A comprehensive and long awaited overview of contracting for space, this book is mandatory reading for stakeholders in the rich and complex field of international contracts. Gathering a formidable amount of information and references, it has the exceptional merit of combining very well informed analyses of space policy and current legal challenges, as well as providing a valuable tool kit for the practitioner.' Franck Germes, Head of the Navigation Procurement Division at the European Space Agency

• 1: Introduction; I: Introduction; 2: The Impact of the European Space Policy on Space Commerce; 3: The Relationship between the EU and ESA within the Framework of European Space Policy and its Consequences for Space Industry Contracts *; 4: Toward a European Space-Specific Procurement Policy?; II: The Legal Framework for Space Projects in Europe; 5: The Principles of International Space Law and their Relevance to Space Industry Contracts; 6: The Impact of National Space Legislation on Space Industry Contracts *; 7: The Legal Framework for EU Activities in the Space Sector, with a Particular Focus on GMES *; 8: The Geographical Return Principle and its Future within the European Space Policy *; 9: Regulatory Framework for Authorising Satellite Applications: The Case of Telecommunications; 10: Reforming National Licensing and Agency Structures: A Current Overview of the UK Space Agenda; 11: Consequences of the French Space Law on Space Operations (FSOA) on CNES's Mission as a Contracting Space Agency *; 12: The Complexities of International Space Industry Contracts; 13: Developing Space Markets in Small Jurisdictions: The Case of the Isle of Man; III: General Aspects of Space Industry Contracts; 14: Typology of Contracts in the Space Sector; 15: Space Contracting within the Framework of the European Space Agency *; 16: Procurement in the Space Sector; 17: Economics of the Procurement Process 1; 18: Security Rights over Satellites: An Overview of the Proposed Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets; 19: Research and Development Contracts; 20: Contract Management; IV: Specific Aspects of Space Industry Contracts; 21: Performance and Warranty Articles in Space Industry Contracts; 22: Cost Overruns in Space Contracts: Mitigation Methods and Strategies; 23: Space Insurance; 24: Export Control Issues in Space Contracts *; 25: The Use of Service Level Agreements in Space Projects; 26: Space Contracts: The Legal and Financial Liability Regime under the New French Space Legislation; 27: Intellectual Property Issues in the Use and Distribution of Remote Sensing Data; 28: Negotiating the Security Aspects of Satellite Communications Services Contracts; 29: The Legal Framework for Space Projects in Europe: Aspects of Applicable Law and Dispute Resolution; 30: The ITU Filing of Satellite Systems; V: Specific Aspects of Satellite Services Contracts; 31: Specific Clauses of Launch Services Agreements; 32: Specific Aspects and Characteristics of Satellite Capacity Agreements in the Satellite Communications Business; 33: ESA Earth Observation Data Policies: Principles, Current Status and Reforms; VI: Conclusions and Outlook; 34: Conclusions and Outlook