Contracting for Space: Contract Practice in the European Space Sector

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Lesley Jane Smith, Ingo Baumann
Ashgate Publishing, Ltd., 2011 - Law - 428 pages
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Recent significant developments in the European space sector have had an impact on European commercial space law. This book is an up-to-date guide to the regulatory background of space projects and examines the typical legal problems which need to be solved by practitioners in the field. Taking into account public and commercial international law and practice, this book examines substantive issues of law specific to launchers, satellite manufacturers and space service providers with contributions from leading experts and practitioners in the field of European space law and policy.
 

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Contents

Introduction
1
The Relationship between the EU and ESA within the Framework of European Space
25
THE LEGAL FRAMEWORK FOR SPACE PROJECTS IN EUROPE
43
The Impact of National Space Legislation on Space Industry Contracts
59
Contracting for Space
64
The Geographical Return Principle and its Future within the European Space Policy
85
The Complexities of International Space Industry Contracts
133
The Case of the Isle of Man
151
An Overview of the Proposed Protocol to
221
Contract Management
243
SPECIFIC ASPECTS OF SPACE INDUSTRY CONTRACTS
257
Space Insurance
283
The Use of Service Level Agreements in Space Projects
303
The Legal and Financial Liability Regime under
319
Intellectual Property Issues in the Use and Distribution of Remote Sensing Data
337
SPECIFIC ASPECTS OF SATELLITE SERVICES CONTRACTS
385

Space Contracting within the Framework of the European Space Agency
169
Procurement in the Space Sector
183
Economics of the Procurement Process
205
Conclusions and Outlook
417
Index
423
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About the author (2011)

Lesley Jane Smith is a Professor of Law at Leuphana Universitat Luneburg 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.

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