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Hosenball, S. N.

Publications and source records attributed to Hosenball, S. N..

14 records
All sourcesNASA NTRSDOE OSTI
NASA NTRS1986

A study of factors related to commercial space platform services

In the past four years, the issue of the commercial development of space has come to the forefront of the U. S. national space policy. Though the Administration, Congress and NASA have all shown strong support for encouraging the private sector to become more actively involved in the commercial utilization of space, the question remains whether they must do more to foster the creation and development of a viable U. S. commercial space industry. Marketing aspects, insurance and risk loss, tax related factors, space transportation, termination liability, institutional barriers, and procurement laws and regulations are discussed.

Hosenball, S. N.↗
NASA NTRS1985

NASA and the practice of space law

The paper discusses the need for increased awareness in space law due to advances in space technology and a trend toward commercialization of space. A list of national and international treaties, conventions, agreements, laws, and regulations relevant to space activities is presented. NASA lawyers specialize in international and municipal laws that affect the NASA space mission; an example of the lawyers working with insurance companies in negotiating the first Space Shuttle liability policy is provided. The increased participation of the public sector in space activities, for example, the commercialization of the Space Shuttle transportation system, is examined.

Hosenball, S. N.↗
NASA NTRS1985

The Space Station - Past, present and future with some thoughts on some legal questions that need to be addressed

The history of the concept of a space station is briefly considered, taking into account a story written by Hale (1869), quantitative work provided by Oberth and Tsiolkovsky, von Braun, and the U.S. decision regarding the establishment of a space station. Arguments in favor of constructing a space station are related to the utility of a laboratory in earth orbit, the importance of a repair and maintenance base for satellites, the provision of capabilities for the commercial utilization of space, and the employment of a space station as a staging base for missions to the moon, Mars, and, possibly, the asteroids. Plans for the implementation of the Space Station concept are discussed, taking into account also legal issues involved in such an implementation. Attention is given to questions regarding the applicability of the Liability convention, U.S. domestic law, the domestic law of other countries, and four treaties.

Hosenball, S. N.↗
NASA NTRS1984

Legal considerations and cooperative opportunities for space commercial activities

It is a national policy to make the capabilities of the Space Transportation System available to a wide range of potential users. This includes its availability as a space manufacturing facility for commercial activities, which may be carried out on a reimbursable basis or as a joint endeavor with NASA, but with substantial private investment. In any high risk, long lead-time research and development activity directed towards commercialization, the protection afforded the results of the research and development under the laws relating to intellectual property rights may provide an important incentive for private investment. The policies and practices of NASA directed towards the protection of privately-established intellectual property rights involved in STS use are reviewed with particular emphasis on reimbursable launch agreements and joint endeavor agreements.

Hosenball, S. N.↗
NASA NTRS1983

The law applicable to the use of space for commercial activities

The general principles of space law that have an impact on commercial space activities are discussed. The Outer Space Treaty guaranteed the right of private enterprise in space, with jurisdiction over the participating parties residing in the country of origin. The liability for damages caused to a third party is also assigned to the country of origin. Government consent is necessary in the U.S. before a private firm is permitted to launch an object into space, with the relevant statute sections being part of the Arms Export Control Act; launches are legally treated as exports. FAA regulations define the safe area and flight conditions that must be satisfied for a private launch, although NASA, in the 1958 act which formed the agency, potentialy has the power to regulate space launch activities. The DoD must be notified of any launches in order to notify the U.S.S.R., filings must be made with the Bureau of Alcohol, Tobacco, and Firearms, and fees must be paid to the IRS. It is presently U.S. government policy to encourage and facilitate private sector development of commercial launch services.

Hosenball, S. N.↗
NASA NTRS1983

The politics of space - Who owns what? Earth law for space

Topics of concern in developing space law, i.e., international disagreements, the present status of space law, and requirements for future space activities, are discussed. Factors inhibiting agreements include governments that wish to control specific regions of GEO, the refusal of several countries to permit international DBS television broadcasts over their boundaries, the possibility that weapons may be placed in space, and the lack of international laws governing humans and industries in space. It is noted that any state entering an international agreement has relinquished some of its sovereignty. The Outer Space Treaty has removed celestial bodies from claims of national appropriation. States retain sovereignty over their citizens who travel in space, a problematical concept once internationally-manned settlements in space or on the moon are established. It is recommended that space law develop mainly in reaction to the implementation of new space capabilities in order to avoid hindering space activities.

Hosenball, S. N.↗
NASA NTRS1983

Delimitation of air space and outer space - Is such a boundary needed now?

A discussion is presented of the question of establishing a boundary between air space and outer space. Four theories and approaches for establishing a delimitation between air space and outer space are examined. Spatial approaches include demarcation based on the division of the atmosphere into layers, demarcation based on aerodynamic characteristics of flight instrumentalities (von Karman Line), demarcation according to the lowest perigee of an orbiting satellite, and demarcation based upon the earth's gravitational effects. The functionalist approach is based on the delimitation or definition of the air space/outer space regime by the purpose and activities for which an object is designed in air space or outer space. The arbitrarist approach is supported by those who wish to draw an arbitrary line between air space and outer space. It is proposed that a pragmatist approach will be more useful than the other three approaches. The pragmatist approach advocates not establishing a boundary between air space and outer space at the present time or in the immediate future. It is argued that there are at present no serious problems that can be resolved by the definition/delimitation of air space and outer space.

Hosenball, S. N.↗
NASA NTRS1983

Space Shuttle, private enterprise and intellectual properties in the context of space manufacturing

It is a national policy to make the capabilities of the Space Transportat ion System available to a wide range of potential users. This includes its availability as a space manufacturing facility for commercial activities, which may be carried out on a reimbursable basis or as a joint endeavor with NASA, but with substantial private investment. In any high risk, long lead-time research and development activity directed towards commercialization, the protection afforded the results of the research and development under the laws relating to intellectual property rights may provide an important incentive for private investment. The paper reviews NASA's policies and practices for the protection of privately-established intellectual property rights involved in STS use, with particular emphasis on reimbursable launch agreements and joint endeavor agreements.

Hosenball, S. N.↗
NASA NTRS1983

Space law - Current status and issues

The evolution of space law over the past 25 years is surveyed, with attention also given to the procedures that were followed. The treaties now in existence are given, as are issues currently before the United Nations Committee on the Peaceful Uses of Outer Space. Projections that were made 25 years ago are discussed in the light of subsequent developments. It is noted that nearly all the technological advances in space activities forecast 25 years ago have come to pass. Various provisions of the 1967 Outer Space Principles Treaty relating to stricture against weapons and the militarization of space are discussed.

Hosenball, S. N.↗
NASA NTRS1981

The Space Shuttle in perspective

Commercial aspects of the Space Shuttle are examined, with attention given to charges to users, schedule of launches and reimbursement, kinds of payload and their selection, NASA authority, space allocation, and risk, liability, and insurance. It is concluded that insurance to reduce the risk, incentives that NASA is willing to make available to U.S. industry, and the demonstrated willingness of industry and the financial community to invest their funds in space ventures indicate that the new Shuttle capabilities will exponentially increase commercial activities in space during the 1980s.

Hosenball, S. N.↗
NASA NTRS1978

Nuclear power sources in outer space

Legal problems associated with nuclear power sources in space are discussed with particular reference to the Cosmos 954 incident. Deliberations of the Legal and Scientific and Technical Subcommittees on the Peaceful Uses of Outer Space on this subject are discussed.

Hosenball, S. N.↗
NASA NTRS1976

Free acquisition and dissemination of data through remote sensing

Free acquisition and dissemination of data through remote sensing is discussed with reference to the Landsat program. The role of the Scientific and Technical Subcommittee of the U.N. General Assembly's Committee on the Peaceful Uses of Outer Space has made recommendations on the expansion of existing ground stations and on the establishment of an experimental center for training in remote sensing. The working group for the legal subcommittee of the same U.N. committee indicates that there are common elements in the three drafts on remote sensing submitted to it: a call for international cooperation and the belief that remote sensing should be conducted for the benefit of all mankind.

Hosenball, S. N.↗
NASA NTRS1974

Current issues of space law before the United Nations

The United Nations' activities in the area of space law and the accomplishments of the Outer Space Committee are discussed. Two draft conventions, the draft treaty on the moon and the draft treaty on the registration of space objects are considered. Other issues covered include the direct broadcast by satellite, the boundary between air space and outer space, and remote sensing from space.

Hosenball, S. N.↗