/begin/ INTERVIEW QUESTIONS FOR DR. RAM JAKHU Assoc. Prof. of Law; Director, Centre for the Study of Regulated Industries To be conducted March 30 at 11:30am to 12:30pm Moderated by Katie Miller, Lauren Chung, and Geoff Cooper Questions contributed by Josh Brosius, Lauren Chung, Chris Churchill, Geoff Cooper, Matt Hughes, Chris Hynick, Katie Miller, and Brock Pronko. ----------------------------------------------------------------------------- Personal ----------------------------------------------------------------------------- 1. What sparked your interest in pursuing the specialized and relatively new field of space law? -Katie Miller 2. Is the Institute of Air and Space Law only unique to McGill University? What are some of the features of the program? -Geoff Cooper ----------------------------------------------------------------------------- National Security ----------------------------------------------------------------------------- 1. What types of national security threats could the U.S. face in the future if some type of international space law isn't enacted to protect our technology in space? -Josh Brosious 2. In 1996, a commercial communications satellite built by Loral Space and Communications was launched on a Chinese rocket and exploded on take-off. Loral investigated the incident and provided an unauthorized report to the Chinese. The Pentagon reportedly concluded that because of the report, American space technology was transferred to China, which has significantly enhanced the reliability of its ballistic missiles. This resulted in the authority for satellite export licensing being transferred from the Commerce Dept. to the State Dept. The added conditions and provisions to the licensing process due to security concerns have slowed down the export of US satellites. What can be done to resolve this dual-use national security concern for a policy standpoint? -Brock Pronko 3. Which nation do you think will be the most resistant towards forming an international alliance? What will it take to convince all nations that space colonization must happen? -Matt Hughes ----------------------------------------------------------------------------- Sovereignty/Ownership/Enforcement ----------------------------------------------------------------------------- 1. According to the Outer Space Treaty, outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. However, there's apparently no restriction on individuals owning land in outer space. Private ownership of land is the backbone of capitalism, and space entrepreneurs such as Jim Benson of SpaceDev have their minds set on owning a piece of the rock (and asteroid, in this case). Another entrepreneur is selling acres of Mars online. (a) Can individuals legally claim ownership of land on other celestial bodies? -Brock Pronko (b) What policy do you think is appropriate for private ownership, and what will be the impact of that policy on space commerce and space colonization? -Brock Pronko 2. The old Roman law doctrine "usque ad coelum ("to the heavens") was discarded for obvious reasons in the 1967 Outer Space Treaty and the Moon Treaty (which could be extended to asteroids and Mars, etc). The Moon Treaty is viewed as impractical (an toothless?) with regard to the setting up of "turf" by individual nations. How do you view the weaknesses of this treaty and what are you suggestions for workable laws that would promote development on the Moon? - Chris Churchill 3. How will business regulations be upheld in the vastness of space? Will there be an interplanetary trade police? To whom would fines be paid? By what executive power would the law be enforced. How much will that be a factor in the commercialization of space? That is, do we need to legislate as much as we can ahead of the game, or legislate as we go? -Matt Hughes ----------------------------------------------------------------------------- Social ----------------------------------------------------------------------------- 1. Do you feel it is possible for third world countries to catch up to developed countries, economically, by the implementation of an international space regulatory agency or by some other method? What would some of the more general benefits or hindrances that such an international agency may yield? -Josh Brosious 2. What are your thoughts on the Common Heritage of Mankind which states that all natural resources of space should be equally distributed among all countries, including the third world countries? Doesn't this put the countries who are putting all the money into space colonization at a disadvantage to those whom have no money or interest in space colonization programs. If so, what would be the best method to include these third world countries in the potential for economic development and growth? -Chris Hynick & Josh Brosious 3. Could you please comment on your 1992 publication entitled, International Regulation of Satellite Telecommunications. This is a topic of interest because of the growing dependence on satellite technology in modern society. -Lauren Chung ----------------------------------------------------------------------------- Commercial Incentives... Liability Insurance ----------------------------------------------------------------------------- 1. Where markets do not already exist, or where they are clearly not profitable in the short term for commercial capital investment, do you think that the government should provide financial and capital "loans". What about tax incentives? Would something like this need to be done by an international regulatory body in order to be globally effective? -Chris Churchill 2. Insurance costs and the possibility that a company could go bankrupt due to liability constitutes a major economic barrier for the settlement of space. How is liability currently handled (legislated) in the government sector? How is it handled in the private sector? How is it handled for joint government/private sector programs? What type of legislation do think is required in order to insure companies that they will not go bankrupt or be stifled by high liability insurances costs? Does the present legislation for the airline industry serve as a useful model? -Chris Churchill /end/