Abstract
Governance structures are comprised of some combination of norms, rules, adjudication procedures, and enforcement mechanisms. Norms are general principles; rules are specific stipulations with regard to specific behaviours; adjudication procedures are established to decide when rules have been broken; enforcement mechanisms impose penalties when it has been determined that a rule has been violated. For instance in international trade the general principle informing the World Trade Organization is that free trade is good; a specific rule would refer, for instance, to the circumstances that define dumping or state subsidies; the dispute settlement mechanism of the WTO adjudicates disagreements about the rules; the enforcement mechanism in the WTO is the withdrawal of concessions. Governance structures are necessary in situations where the unconstrained behaviour of actors will result in sub-optimal outcomes; situations in which without governance structures the Pareto frontier would not be reached.
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Notes
- 1.
See Keohane R. (1986). Neorealism and Its Critics. Columbia University Press: Chapter 6.
- 2.
See Dutton P. (ed.) (2009). Military Activities in the EEZ: A U.S.-China Dialogue on Security and International Law in the Maritime Commons. China Maritime Studies Institute U.S. Naval War College Newport, Rhode Island, for a discussion of these issues.
- 3.
International Seabed Authority (2015). Overview. http://www.isa.org.jm/deep-seabed-minerals-contractors/overview. Accessed 4 June 2015.
- 4.
Perry J. (2012). Deep Seabed Mining Emerges From the Depths. King & Spalding Energy Newsletter. http://www.kslaw.com/library/newsletters/EnergyNewsletter/2012/December/article6.html. Accessed 5 June 2015.
- 5.
It was also apparent that coordination should be adjusted on a continuous basis in order to respond to relevant technological change in the use of the radio spectrum.
- 6.
Hulsroj, P. (2002). Beyond Global: the international imperative of space. Space Policy Vol. 18 (2): pp. 107–116.
- 7.
The article affirms “the freedom to seek, receive, and impart information and ideas through any media and regardless of frontiers”.
- 8.
De Rosen M. (2014). Orbital slots and spectrum use in an era of interference. Interference and freedom of information. Secure World Foundation. http://swfound.org/media/178208/Michel%20de%20Rosen%20Discours%20ifri%209%20octobre%202014_EN%20prononce.pdf. Accessed 10 June 2015.
- 9.
Tronchetti F. (2009). The exploitation of natural resources of the moon and other celestial bodies: a proposal for a legal regime. Martinus Nijhoff Publishers: p. 176.
- 10.
The resolutions adopted at the 1979 WRC affirmed the equal rights of all states in the use of the GEO resources and called for a new WRC in 1985 specifically dedicated to the planning of space services using GEO. Ibid., p. 178.
- 11.
See 1982 ITU Convention Article 33.: “In using frequency bands for radio services, Members States shall bear in mind that radio frequencies and any associated orbits, including the geostationary-satellite orbit, are limited natural resources and that they must be used rationally, efficiently and economically, in conformity with the provisions of the Radio Regulations, so that countries or groups of countries may have equitable access to those orbits and frequencies, taking into account the special needs of the developing countries and the geographical situation of particular countries”
- 12.
International Committee on Global Navigation Satellite Systems. (2009). Providers Forum Working Principles of Compatibility and Interoperability and their Further Definition. ICG/WGA/REC2/SEP2009
- 13.
United Nations Office for Outer Space Affairs. (2015). International Committee on Global Navigation Satellite Systems (ICG). http://www.oosa.unvienna.org/oosa/SAP/gnss/icg.html. Accessed 10 June 2015. The stated mission of the ICG is to “encourage coordination among providers of global navigation satellite systems (GNSS), regional systems, and augmentations in order to ensure greater compatibility, interoperability, and transparency, and to promote the introduction and utilization of these services and their future enhancements, including in developing countries, through assistance, if necessary, with the integration into their infrastructures. The ICG also serves to assist GNSS users with their development plans and applications, by encouraging coordination and serving as a focal point for information exchange”.
- 14.
United Nations Office for Outer Space Affairs. (2007). International Committee on Global Navigation Satellite Systems (ICG). http://www.unoosa.org/pdf/publications/icg_book01E.pdf. Accessed 10 June 2015.
- 15.
See Gibbon G. (2011). GNSS Interoperability. Not So Easy, After All. Inside GNSS. Vol. 6 (1): pp. 28–31.
- 16.
This is to be found in Principle IV, XI and XIII, which refer to a sensed state, not a state to be sensed.
- 17.
Marchisio S. (2004). The 1986 United Nations Principles on Remote Sensing: A critical assessment. In: Scritti in onore di Gaetano Arangio- Ruiz. Napoli: pp. 1311–1340.
- 18.
Committee on Earth Observation Satellites. (2008). The Earth Observation Handbook—Climate Change Special Edition 2008. ESA Communication Production Office: pp. 21–25.
- 19.
Group on Earth Observations. GEOSS. http://www.earthobservations.org/geoss.php. Accessed 10 June 2015.
- 20.
See Weeden B. (2014). Space Traffic Management: Preventing a Real Life Gravity. Hearing of the Committee on Science, Space, and Technology. U.S. House of Representatives. http://science.edgeboss.net/sst2014/documents/5.9.14_charter.pdf. Accessed 10 June 2015.
- 21.
Not all the locations are known with accuracy. In several cases the calculated orbital locations are incorrect, because the Center does not receive and process information about upcoming maneuvers of third satellite operators.
- 22.
Some of the more accurate data contained in the High Accuracy Catalog can be accessed through the SSA Sharing Program which is subscribed on a bilateral basis.
- 23.
The fragility of the system also stems from the lack of a clear common, mutually agreed approach to processing the information. Given that conjunction assessments are almost entirely based on predictive techniques, the methodology behind them is key to the accuracy or reliability of the information received. At international level, however, there are no agreed models for obtaining and processing information, or methods of interpretation and practical use of the information. See United Nations Committee on the Peaceful Uses of Outer Space (2014). Draft Report of the Working Group on the Long-term Sustainability of Outer Space Activities. United Nations General Assembly. A/AC.105/C.1/L.343.
- 24.
The stated purposes of the IADC are to exchange information on space debris research activities between member space agencies, facilitate opportunities for cooperation in space debris research, to review the progress of ongoing cooperative activities, and to identify debris mitigation options.
- 25.
See United Nations Office for Outer Space Affairs. (2007). IADC Debris Mitigation Guidelines. http://www.unoosa.org/pdf/spacelaw/sd/IADC-2002-01-IADC-Space_Debris-Guidelines-Revision1.pdf. Accessed 10 June 2015.
- 26.
The International Organization for Standardization has also endorsed a series of space debris mitigation requirements based on the IADC guidelines.
- 27.
US Department of Defense. (2011). National Security Space Strategy. Unclassified Summary. http://www.defense.gov/home/features/2011/0111_nsss/docs/NationalSecuritySpaceStrategyUnclassifiedSummary_Jan2011.pdf. Accessed 10 June 2015.
- 28.
Ibid., p. 2.
- 29.
Ibid., p. 9.
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Aliberti, M., Krasner, S.D. (2016). Governance in Space. In: Al-Ekabi, C., Baranes, B., Hulsroj, P., Lahcen, A. (eds) Yearbook on Space Policy 2014. Yearbook on Space Policy. Springer, Vienna. https://doi.org/10.1007/978-3-7091-1899-3_3
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