T019 // Dispute Resolution in the Space Sector

ALSO: The increased congestion of Earth's orbits, a nuclear disaster from space, latest investments in the Space Economy, and Sweet Dreams (Are Made of Space)

Read time: 10 minutes

G’day Trailblazers!

We’re Trailblazers, the Space Newsletter that doesn’t shy away from dispute resolutions in space—even when conflicts are as vast as the cosmos, we find a way to bring them down to Earth for a peaceful resolution!

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In today’s edition

  • Dispute Resolution in the Space Sector

  • StarGraph: Significant Incidents & Close Calls in Human Spaceflight

  • 5 Resources to Boost Your Workflows

  • DealFlow: The Latest Investments in the Space Economy

  • OutOfThisWorld: Anti-Gravity Technology: A Glimpse into the Future

  • GhostInTheMachine: Sweet Dreams (Are Made of Space)

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#NEWS

🍪 Space Economy Bites & Snaps

Bites…

Orbital congestion: A new report from Slingshot Aerospace warns that Earth's orbits are becoming dangerously crowded, with over 12,500 satellites currently in orbit, including 3,356 inactive ones.

SES Strategy: SES outlines its strategic reasons for the long expected takeover of Intelsat. SES's $3.1 billion all-cash acquisition of Intelsat will create a satellite communications powerhouse with expanded capabilities, improved financials, and greater value for customers across key market segments.

… and Snaps

  • Policy Boon: India’s space policy fuels startup boom, propelling nation's space industry to new heights.

  • Innovation: NASA selects nine companies to explore Mars mission concepts, boosting space economy.

  • STM Subscription: NeuraSpace launches free and pro tiers for Space Traffic Management, aiding satellite safety.

  • OZ Launch: Koonibba to host largest domestic commercial rocket launch, expanding Australia's role in the space economy.

  • Space Solar: South Korea's space-based solar plan could outpower all US nuclear facilities.

#REALLY?

🤨 Kosmos 954: The Nuclear Disaster from Space

Kosmos 954 was a Soviet reconnaissance satellite launched in 1977, powered by a nuclear reactor. It malfunctioned and crashed into the Northwest Territories, Canada, on January 24, 1978, scattering radioactive debris over a large area. The incident prompted a significant cleanup operation, "Operation Morning Light," involving Canadian and US forces. Despite efforts, only a small fraction of the satellite's nuclear fuel was recovered.

This incident raised international concerns about nuclear-powered satellites and led to a diplomatic dispute between Canada and the Soviet Union. It culminated in a settlement where the Soviet Union agreed to pay Canada 3 million Canadian dollars in compensation. The settlement, formalized in a protocol signed in Moscow in 1981, resolved all matters connected with the satellite's disintegration, including Canada's claim for damages. This agreement underscored the application of international law to space accidents and set a precedent for handling similar incidents.

#MARKETWATCH

💹 Investing in the Universe

Here's a list of funds that track companies in the space sector, giving investors access to the expanding space economy. These funds include firms in space exploration, satellite technology, and related areas, offering potential growth aligned with future technological advancements.

  • Procure Space ETF (UFO) ▲ $15.49 (+1.2%)

  • RK Space Exploration and Innovation (ARKX) ▲ $14.72 (+0.3%)

  • S&P Kensho Final Frontiers (ROKT) ▲ $43.57 (+0.1%)

Prices as of May 1, 2024, 11:41 a.m. ET

Financial Disclaimer: The information provided in this newsletter is for educational and informational purposes only. It should not be considered as financial advice. We do not make any guarantee about the completeness, reliability, or accuracy of this information. Any action you take upon the information in this newsletter is strictly at your own risk. We are not liable for any losses or damages in connection with the use of the information provided. It is recommended that you consult with a qualified financial advisor or conduct your own research before making any investment decisions.

#BEYONDTHEHYPE

💬 Thoughts and Opinions from Across the Interspace

Dispute Resolution in the Space Sector

By Laura Yvonne Zielinski, Founder, Space Arbitration Association

As readers of this publication are well aware, the space sector is growing at exponential rates. With this growth comes an increased risk of disputes. In addition to typical contractual disputes such as late delivery or manufacturing disputes for example, increased risk arises out of the growing scarcity of orbital resources. The Lower Earth Orbit (LEO), where much of the current economic developments are taking place, is starting to be crowded, and so is the radiofrequency spectrum that satellites use to emit and receive signals. As a consequence, disputes are likely to arise out of the growing collision risk in LEO as well as out of the increased risk of harmful interference in the radio frequency spectrum. In addition, the space industry is a highly regulated industry that depends on government authorizations and licenses, meaning that the space industry is facing a high political risk. Disputes can arise, and have already arisen, out of political change that results in the modification or cancellation of licenses and government contracts. Finally, legal uncertainty surrounding the exact definition of where outer space begins and ends, as well as regarding the ownership of space resources, have the potential of giving rise to disputes in the future.

How will these disputes be solved? Any dispute can be brought before a domestic court. However, this can be complicated by doubts over which court would be competent to hear a certain dispute, language barriers, potential bias or sovereign immunity issues in disputes with States or public entities, and the likely lack of familiarity of (some) domestic judges with the details of the space industry. Alternatively, contractual disputes can be solved through international arbitration, if the contract contains an arbitration clause, or the parties agree to arbitrate a dispute once it has already arisen. International arbitration has many advantages such as the right of the parties to choose the decision-makers, the language and timetable of the proceedings, and enhanced confidentiality. Arbitration awards are also more easily enforceable internationally than foreign court judgments.

Investors in the space industry should also know that their investments, if made in a foreign country, might be covered by so-called investment protection treaties. Under these treaties, governments make mutual commitments to protect foreign investors and their investments in their territories. Typical protections include, for example, the prohibition of direct and indirect expropriation without just compensation, as well as the guarantee of “fair and equitable treatment” and “full protection and security”. If a State breaches these international obligations, the investor in question has the right to claim compensation before an international arbitral tribunal. The applicable standard of compensation is to put the investor into the position in which it would have been but for the treaty breaches, and is often favorable to the investor.

In a growing industry that is likely to see a rise in disputes in the coming years, participants should be aware of options they have beyond domestic courts and domestic law. The space industry is international with most single transactions involving at least two or more jurisdictions. This opens the door for international dispute resolution and space actors should be familiar with these options.

📚 Additional reading for a deeper dive:

The thoughts and opinions shared in this article are strictly the authors’ own and might not match up with what we think over here at Trailblazers, The Space Newsletter™. We're all about sharing diverse views, but remember, just because we're publishing it doesn't mean we're giving it our stamp of approval or guarantee its accuracy. Enjoy the read!

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#STARGRAPH

📊 Significant Incidents & Close Calls in Human Spaceflight

Source: NASA | JSC SMA Flight Safety Office | https://sma.nasa.gov/SignificantIncidents/ | Last updated: September 30, 2019

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🎛️ 5 Resources to Boost Your Workflows

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#DEALFLOW

🌄 The Latest Investments in the Space Economy

NASA allocates $3.9 million in grants to bolster STEM diversity through academic partnerships.

Astroscale to go public on Tokyo Stock Exchange, aims to raise $100 million for space debris removal services.

Portal Space Systems emerges with over $3M for Supernova spacecraft to revolutionize space maneuverability.

Millennium Space Systems secures $414M Space Development Agency contract to develop fire-control satellite constellation.

SES acquires Intelsat in a strategic $3.1 billion deal to enhance satellite services and competitiveness.

Nominal secures $27 million to advance hardware and software innovation for engineering.

Blue Skies Space secures over £2M for 2025 launch of first stargazing satellite.

PLD Space secures €120 million to expand facilities and boost rocket production capacity.

Nabhdrishti Aerospace raises ~$360K in pre-seed funding to pioneer gas turbine engine development.

Seraphim Space launches new VC fund to drive innovation in space tech, focusing on AI and in-orbit computing.

Dhruva Space raises $15 million in Series A to expand manufacturing and pursue strategic acquisitions.

ICEYE secures $93M to expand synthetic aperture radar (SAR) satellite operations and develop new Earth observation technologies.

ispace secures $45M loan to fund upcoming lunar lander missions and plans satellite communications network.

Dark extends seed round to $11M with new US investor Long Journey joining Eurazeo and Frst.

#OUTOFTHISWORLD

🛸 Anti-Gravity Technology: A Glimpse into the Future

What is it?

Anti-gravity technology, a concept often found in science fiction, refers to the theoretical ability to counteract or negate the force of gravity. This technology would allow objects to float or fly without the need for conventional propulsion methods. Despite its prevalence in novels and movies, anti-gravity remains largely speculative and unproven in the realm of real-world physics.

The Details

The exploration of anti-gravity technology spans various approaches and theories, from manipulating electromagnetic fields to experimenting with exotic matter. One notable endeavor is the research conducted at CERN with the ALPHA experiment, which investigates the gravitational behavior of antimatter. Another one is from US Navy scientist Salvatore Pais, who proposed the "Pais Effect," described as the controlled motion of electrically charged matter via accelerated spin and/or accelerated vibration under rapid acceleration transients. This effect, if proven, could potentially lead to breakthroughs in propulsion and energy generation.

Dr. Salvatore Pais. High frequency gravitational wave generator. Google Patents.

Another area of interest is the investigation of Unidentified Aerial Phenomena (UAPs), such as the "Tic Tac" objects encountered by Navy pilots. These encounters, documented and analyzed by military and civilian researchers, suggest the existence of objects with flight characteristics beyond current technological capabilities, possibly hinting at anti-gravity or advanced propulsion mechanisms.

“Tic Tac” Unidentified Aerial Phenomenon. U.S. Department of Defense.

The Gravity Research Institute of the Göde Scientific Foundation has offered a €1M reward for a reproducible anti-gravity experiment, highlighting the ongoing interest and investment in understanding and potentially harnessing gravity. This initiative, along with others like the Alt Propulsion community, underscores the diverse and interdisciplinary efforts to explore and possibly realize anti-gravity technology.

Why It Matters

The potential applications of anti-gravity technology are vast and transformative. In transportation, it could lead to vehicles that float above the ground, reducing friction and energy consumption. In space exploration, anti-gravity could revolutionize spacecraft propulsion, making interstellar travel more feasible by reducing the need for massive fuel reserves.

Moreover, anti-gravity technology could have significant implications for energy generation, transport, real estate, manufacturing, and even medical fields by enabling new forms of mobility and support for individuals with physical disabilities. The ability to control or negate gravity would also have profound effects on construction, allowing for the creation of structures that defy current architectural limitations.

Despite the exciting prospects, the path to realizing anti-gravity technology is fraught with scientific and technological hurdles. Our current understanding of physics does not support the existence of anti-gravity as we imagine it in science fiction. However, the ongoing research into the fundamental nature of gravity and the properties of antimatter, along with speculative theories on mass manipulation and space-time curvature, keep the dream of anti-gravity alive.

While anti-gravity technology remains within the realm of speculation and theoretical physics, its potential to revolutionize multiple aspects of human civilization makes it a captivating subject of study. And we should keep studying it! As our understanding of the universe expands, so too does the possibility of one day turning the science fiction dream of anti-gravity into reality.

#GHOSTINTHEMACHINE

🤖 Inspiration from the World of AI

Sweet Dreams (Are Made of Space)

Until Next Time

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