Contracting for Space: Contract Practice in the European Space Sector

Contracting for Space: Contract Practice in the European Space Sector

By: Dr. Ingo Baumann (author), Prof Lesley Jane Smith (editor)Hardback

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Description

Recent significant developments in the European space sector have had an impact on business and the growth of national and European commercial space law. This book analyses and assesses the legal issues and key factors influencing the space sector in Europe. It 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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About Author

Lesley Jane Smith is a Professor of Law at Leuphana UniversitAt LA neburg 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.

Contents

Contents: Foreword, Sir Martin Sweeting; Introduction, Lesley Jane Smith and Ingo Baumann; Part I Introduction: The impact of the European space policy on space commerce, Kai-Uwe Schrogl and Christophe Venet; The relationship between EU and ESA within the framework of European space policy and its consequences for space industry contracts, Bernhard Schmidt-Tedd; Toward a European space-specific procurement policy?, Jean-Jacques Tortora. Part II The Legal Framework for Space Projects in Europe: The principles of international space law and their relevance to space industry contracts, Lesley Jane Smith; The impact of national space legislation on space industry contracts, Michael Gerhard and Kamlesh Gungaphul-Brocard; The legal framework for EU activities in the space sector, with a particular focus on GMES, Leopold Mantl and Sylvia Kainz-Huber; The geographical return principle and its future within the European space policy, Bernhard Schmidt-Tedd; Regulatory framework for authorising satellite applications: the case of telecommunications, Philippe Achilleas and Romain Loubeyre; Reforming national licensing and agency structures: a current overview of the UK space agenda, Richard Tremayne-Smith; Consequences of the French space law on space operations (FSOA) on CNES's mission as a contracting space agency, Philippe Clerc; The complexities of international space industry contracts, Cristian Bank; Developing space markets in small jurisdictions: the case of the Isle of Man, Timiebi U. Aganaba. Part III General Aspects of Space Industry Contracts: Typology of contracts in the space sector, Laurence Ravillon; Space contracting within the frame of the European Space Agency, Gunilla Stjernevi and Eleni Katsampani; Procurement in the space sector, Oliver Heinrich; Economics of the procurement process, Vasilis Zervos; 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, Dietrich Weber-Steinhaus and Deirdre Ni Chearbhaill; Research and development contracts, Martin J. Mittelbach; Contract management, Mustapha Elriz and Peter Newman. Part IV Specific Aspects of Space Industry Contracts: Performance and warranty articles in space industry contracts, Ines Scharlach; Cost overruns in space contracts: mitigation methods and strategies, Walter Peeters; Space insurance, Philippe Montpert; Export control issues in space contracts, Matthias Creydt and Kay-Uwe Horl; The use of service level agreements in space projects, Ingo Baumann; Space contracts: the legal and financial liability regime under the new French space legislation, Mireille Couston; Intellectual Property Issues in the Use and Distribution of Remote Sensing Data, Lesley Jane Smith and Catherine Doldirina; Negotiating the security aspects of satellite communications services contracts, Tare C Brisibe; The legal framework for space projects in Europe: aspects of applicable law and dispute resolution, Frans von der Dunk; The ITU filing of satellite systems, Ingo Baumann and Hans Dodel. Part V Specific Aspects of Satellite Services Contracts: Specific clauses of launch services agreements, Claude-Alain du Parquet; Specific aspects and characteristics of satellite capacity agreements in the satellite communications business, Oliver Huth and Rafael Roelandt; ESA Earth observation data policies: principles, current status and reforms, Gisela Suss. Part VI Conclusions and Outlook: Conclusions and outlook, Lesley Jane Smith and Ingo Baumann; Index.

Product Details

  • publication date: 29/09/2011
  • ISBN13: 9781409419235
  • Format: Hardback
  • Number Of Pages: 456
  • ID: 9781409419235
  • weight: 1132
  • ISBN10: 1409419231

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