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  • Series: Leuven Global Governance series x
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Leonie Reins

This chapter provides an overall introduction to the volume. More precisely it describes the research agenda for the chapters to come, the overall challenges to a coherent regulation of shale gas, the associated environmental impacts, as well as the overarching research questions and overall structure. Key words: research agenda; environmental impacts; shale gas; coherent regulation

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Leonie Reins

This chapter analyses the ‘constitutional’ context to shale gas at European level. It describes the vertical and horizontal competences prior and after the Lisbon Treaty, the corresponding legal basis and explains why a non-binding Recommendation is the only possible regulatory tool for shale gas regulation in the European Union. The chapter further discusses the quest for a common energy policy in the European Union. Key words: shale gas; Common Energy Policy; legal basis; environment, energy; vertical and horizontal competences; significance

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Leonie Reins

This chapter establishes how the regulatory design and policy impacts the development of a technology and the current procedure of dealing with cross-cutting energy and environmental issues. More precisely, the regulation of CCS and nanotechnology will be studied and compared to the regulatory approach taken to shale gas. The analysis focuses on the parameters of the degree of newness of a technology, bindingness of regulatory measures, underlying risk management principle, management of the public debate and business case of the technology. In addition the prevention, precautionary and conservatism principle as tools for regulation of new technologies will examined. Key words: new technologies; carbon capture and storage; nanotechnology; shale gas; risk regulation; precaution, prevention and conservatism

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Leonie Reins

This chapter combines the findings of the analysis of the overall regulatory and policy framework on shale gas, departing from the very specific (the case of shale gas) – over the discussion of competence-related issues – to more conceptual issues, namely the regulation of ‘new’ technologies. It answers the question to what extent does the regulation of ‘new’ technologies such as shale gas highlight the challenges of a coherent regulation of energy and environment in the European Union. Key Words: shale gas; new technologies; legal basis; energy law and policy; environmental law and policy

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Regulating Shale Gas

The Challenge of Coherent Environmental and Energy Regulation

Leonie Reins

Regulating Shale Gas discusses the regulatory context of shale gas in the European Union and draws conclusions on the EU’s broader approach towards the regulation of new technologies. Providing the first dedicated examination of the overall regulatory context of shale gas in the EU, Leonie Reins reveals how the EU’s new constitutional setup after the Lisbon Treaty has complicated rather than facilitated the EU’s quest for a common energy policy.
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Lesley Jane Smith

This chapter focuses on the impact of sub-orbital flight on the existing air and space transport liability regimes. It discusses whether the future sub-orbital or orbital aircraft services, designed to deliver new forms of faster and further aerospace travel, can be pegged with existing aerospace liability regimes, or whether a new sui generis sector-specific approach to liability for this growth sector is needed. It reviews the regulatory options available at national and international level, identifies the importance of dialogue and consultation across the national licensing systems, and highlights some of the considerations involved in identifying the best possible approach to a liability regime for this sector. The technical considerations involved in certifying and licensing sub-orbital craft are not addressed. Keywords: sub-orbital flights; liability; licensing; aerospace transport

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Steven Wood

This chapter discusses the impact of manned commercial space activities on the legal definition of space tourists. Specifically, the chapter aims to answer the question whether space tourists are eligible to receive rescue assistance in outer space under the 1967 Outer Space Treaty and the 1968 Astronaut Return and Rescue Agreement. Answering this question depends, in turn, upon the resolution of several other challenging questions, including whether space tourists qualify as ‘astronauts’ or ‘personnel of a spacecraft’, as well as determination of the precise criteria required by the OST and RRA rescue provisions. The author raises and discusses a number of arguments to support the position that these definitions should be interpreted as inclusive of space tourists, taking into account the meaning of the verb ‘have alighted’ in the relevant provisions, and the underlying humanitarian objectives and purposes of the RRA to provide for search and rescue for all spacecraft personnel in danger. Keywords: space tourist; astronaut; personnel of a spacecraft; rescue and return; definitions

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Ward Munters

This chapter discusses the legal challenges under international law associated with the planned implementation of large constellations of small satellites by a number of commercial space operators, including OneWeb, SpaceX and Boeing. The international community is increasingly aware of the challenges that the paradigm shift posed by these constellations may hold with regard to, inter alia, effective regulation and sustainability. Using the real-world example of the forthcoming OneWeb constellation as well as scientific studies on its ostensible impact on the space debris environment in low Earth orbit, the chapter seeks to critically frame a number of concerns relating to large constellations vis-à-vis international space debris mitigation guidelines, liability and reparations, the prevention of transboundary harm and the precautionary principle. Keywords: space debris mitigation; small satellites; large satellite constellations; international environmental law; transboundary harm; precautionary principle

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Andrea J. Harrington

Several US states have pioneered the adoption of space tourism industry-sponsored Spaceflight Liability and Immunity Acts for spaceflight participants in the past decade. These Acts specify the conditions under which a spaceflight entity will not be liable for a participant injury resulting from the risks of spaceflight activities. This trend in US space law is likely to have an impact on the emerging space tourism industry. The current chapter sets forth the context in which these Acts exist, by defining key terms and discussing the relevant distinctions between orbital and suborbital transportation. The chapter presents the federal setting in which the US Acts have come to exist, both in terms of liability with regard to commercial spaceflight and conflict with federal law generally. Finally, the language of the Acts is analysed, comparing key differences among them, and the potential applicability of such acts in non-US jurisdictions is considered. Keywords: space tourism; spaceflight liability and immunity; liability waiver; US state and federal law

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Daniel P. Murray

This chapter details the performance-based regulatory framework for space transportation developed by the US Federal Aviation Administration Office of Commercial Space Transportation (FAA AST). The aim of the framework adopted by the FAA AST is to ensure the protection of the public, property and the national security and foreign policy interests of the United States during commercial launch or re-entry activities, and it encourages, facilitates and promotes US commercial space transportation. In fulfilling its safety mission FAA AST grants a licence or a permit to a launch vehicle operator based on the operator’s demonstration that it has met the applicable requirements of the US Code of Federal Regulations. Given the success of this approach, the FAA AST has recently started undertaking international cooperation efforts to assist other administrations in developing a similar approach. Keywords: commercial space transportation; US federal law: safety; international cooperation