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Michael Listner, Monday, 8-25-14 August 26, 2014

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Michael Listner, Monday, 8-25-14

http://archived.thespaceshow.com/shows/2303-BWB-2014-08-25.mp3

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Guest:  Michael Listner.  Topics:  Space law, ARM & property rights, SpaceX-AF litigation, RD-180 engine & more.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See http://www.onegiantleapfoundation.org/amazon.htm.  For those listening to archives using live365.com and rating the programs, please email me as to why you assign a specific rating to the show. This will help me bring better programming to the audience.

We welcomed Michael Listner back to the program for this update regarding specific space law issues and theories.  In the first segment of the this 1 hour 48 minute program, Michael talked about the proposed Asteroid Bill in Congress and how to maybe get some limited property rights for asteroid mining by being able to move a small asteroid as in the NASA ARM project.  Michael theorized that if one moves an asteroid, its no longer in its natural orbit and then no longer defined as a celestial body.  We spent most of the first segment and a good part of the second segment discussing this theory and why it might work.  When asked if it would apply to lunar property rights or other space property rights, Michael was clear that it only applied to a small asteroid that could be moved.  He also said it would require an administration to endorse such a plan and that it would be difficult to establish as customary and it would certainly be an uphill effort.  BJohn and others sent in email comments about this.  As you will hear from BJohn’s emails which I read on air, not every thought positively about Michael’s idea.  Michael also talked about other forms of international agreements being much easier to obtain than treaties.  He also said the property rights policy battles would be fought diplomatically.

In the second segment, we talked about the SpaceX-US Air Force litigation and the AF Motion to Dismiss.  Next, we covered the RD-180 rocket motor issue and Michael noted that a new shipment of RD-180 motors had been received.  He also said there was new information suggesting Russia might want to expand the mission time for the ISS (http://www.parabolicarc.com/2014/08/25/russia-agree-iss-extension).  Property rights and moving an asteroid came back as a topic in this segment & Michael again talked about treaties which he said were top down in policy making while transparency, etc. was considered bottom up policy making.  We talked quite a bit about property rights being US one sided and he said that the Asteroid Bill actually enabled those outside the U.S. to put their projects under U.S. law for U.S protection.  We moved on to cubesats and oversight/regulation issues.  Near the end, Michael updated us on the Code of Conduct in which there should be another draft emerging in the near future.  As the program was drawing to a close, I asked Michael for remaining 2014 legal issues that might get a 2014 resolve.  We looked forward to early next year & our guest commented on issues involving Russia, China, and ESA.

Please post your comments on TSS blog above.  You can reach Michael through me or using the email address he gave out on air as the program was ending.

John Batchelor Show Hotel Mars, Michael Listner, Wednesday, 7-9-14 July 10, 2014

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John Batchelor Show Hotel Mars, Michael Listner, Wednesday, 7-9-14

http://archived.thespaceshow.com/shows/2276-BWB-2014-07-09.mp3

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Guests: John Batchelor, Michael Listner, Dr. David Livingston.  Topics:  USAF Motion to Dismiss SpaceX lawsuit regarding block buy launches.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Written Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We do not permit the commercial use of any Space Show program or part thereof, nor do we permit Space Show programs to be edited, placed on YouTube, or other private channels & websites. Space Show programs can be quoted in news articles, papers, academic & research work but must be cited or referenced in the proper citation format. Contact Dr. Livingston for questions about our copyright and trademark policies which we do enforce.This program is archived on The Space Show website, podcasting, and blog sites with permission from John Batchelor. Please visit the John Batchelor Show website for more information about this fine program, www.johnbatchelorshow.com.  Remember, your Amazon Purchases Can Help Support The Space Show/OGLF (www.onegiantleapfoundation.org/amazon.htm).  For those of you listening to archives on live365.com & rating the programs, please email me the reasons for your rating.  This will definitely help improve Space Show programming. Thank you.

We welcomed back space attorney Michael Listner to explain and discuss the Air Force Motion to Dismiss the SpaceX lawsuit regarding launch block buys.  Michael took us through the motion which claims SpaceX does not have standing to bring their suit.  Michael explained the Air Force & ULA reasoning behind this position which they documented in detail in their motion.  We talked about the evolution of space law, where it is going, and how it relates to various components of the space industry.  Michael thought the Air Force motion was solid but one never knows what a judge might do.  Also, he pointed out that these cases are decided in a way that is most favorable to SpaceX who brought the original action against the Air Force.  Finally, this is not a regular court.  This case is in the Court of Federal Claims.  SpaceX has not yet replied but they have around 20 days from the date the Air Force filed their motion to respond.  We will follow up on this story with the SpaceX response.

Please post any comments/questions you might have on The Space Show blog.  You can contact any of  us through drspace@thespaceshow.com.

Michael Listner, Monday, 5-5-14 May 6, 2014

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Michael Listner, Monday, 5-5-14

http://archived.thespaceshow.com/shows/2238-BWB-2014-05-05.mp3

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Guest:  Michael Listner.  Topics:  Space law issues regarding the SpaceX litigation against the Air Force/U.S. Government & Russia & NASA re moving forward on ISS & more.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See http://www.onegiantleapfoundation.org/amazon.htm.  For those listening to archives using live365.com and rating the programs, please email me as to why you assign a specific rating to the show. This will help me bring better programming to the audience.

We welcomed Michael Listner back to the program to explain the legal issues involved in the SpaceX-Air Force lawsuit and to discuss the Russian-NASA issues regarding the ISS as a result of U.S. sanctions on Russia and Russian leaders due to the crisis in the Ukraine & Crimea.  In the first segment of our 90 minute program, Michael addressed the SpaceX law suit.  He explained that it was a bid protest law suit, he explained the background and the legal issues involved.  He also said SpaceX was not asking for money but for a Declaratory Judgment that they are eligible to bid on bulk buy launch services which up to now have been the exclusive domain of ULA.  He also said it was the court that picked up on the national security issue regarding ULA, the RD180 engine and the continued purchase of the engines from Dmitry Rogozin & Russia in spite of the Executive Order that may prevent such new purchase activity.  On this issue, the court issued a temporary injunction in favor of SpaceX.  He also explained the process wherein ULA has joined the action as an interested party.  Our entire first segment was devoted to Michael responding to listener questions, explaining the legal concepts, and making sure we understood what this law suit was about and the legal issues the lawsuit focuses on.

In the second segment, Michael started off with a few clarifications dealing with the lawsuit and mentioned that as he understood it, ULA had offered the Air Force a guarantee to replace the launch and satellite if one of their launches failed.  Given ULA resources, that would not be that unusual but it would be a hard act for SpaceX to follow given the fact that SpaceX is young and still growing/developing.  We then switched to the topic of Russia and NASA.  Here, Michael talked about legal agreements and treaties, including the ISS Agreement among partners known as the IGA (he said it amounts to a treaty).  He did not think it would be that easy for the current problems with Russia as a result of our sanctions given the Ukrainian and Crimean issues to escalate to taking down the ISS agreement and other space activities underway with Russia and NASA.  Michael was asked about the likelihood of NASA getting more funding and working with SpaceX to fastback the Dragon development for taking humans to the ISS.  Other questions took us back to the lawsuit discussed in the first segment.  As we neared the end of the program, Michael also talked about the PR campaigns by SpaceX and ULA and how this was a high stakes lawsuit.

Please post your comments/questions on The Space Show blog.  You can contact Michael through me.  For Twitter use Michael J. Listner@ponder68.

The John Batchelor Show Hotel Mars, Wednesday, 4-30-14 May 1, 2014

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The John Batchelor Show Hotel Mars, Wednesday, 4-30-14

http://archived.thespaceshow.com/shows/2235-BWB-2014-04-30.mp3

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Guests: John Batchelor, Michael Listner, Atty, Dr. David Livingston. Topics: China & space militarization, Russia & ISS, SpaceX DOD litigation, & RD180 engine. You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Written Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We do not permit the commercial use of any Space Show program or part thereof, nor do we permit Space Show programs to be edited, placed on YouTube, or other private channels & websites. Space Show programs can be quoted in news articles, papers, academic & research work but must be cited or referenced in the proper citation format. Contact Dr. Livingston for questions about our copyright and trademark policies which we do enforce.  This program is archived on The Space Show website, podcasting, and blog sites with permission from John Batchelor. Please visit the John Batchelor Show website for more information about this fine program, www.johnbatchelorshow.com. Remember, your Amazon Purchases Can Help Support The Space Show/OGLF (www.onegiantleapfoundation.org/amazon.htm). For those of you listening to archives on live365.com & rating the programs, please email me the reasons for your rating. This will definitely help improve Space Show programming. Thank you.

We welcomed back to Hotel Mars attorney Michael Listner to help us discuss recent statements by the Chinese President indicating that China should pursue the militarization of space. Coupled with this were the new warnings from Russia that our new sanctions against Russia may force Russia to cease working with the U.S. in space. Finally, we talked with Michael about the SpaceX lawsuit against the DOD so that they can break the ULA launch monopoly for Air Force high value satellites. Michael took us through discussion points on each of these issues and from a legal perspective.

Please post any comments/questions you might have on The Space Show blog. You can contact any of us through drspace@thespaceshow.com.

Michael Listner, Sunday, 12-1-13 December 1, 2013

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Michael Listner, Sunday, 12-1-13

http://archived.thespaceshow.com/shows/2133-BWB-2013-12-01.mp3

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Guest:  Michael Listner.  Topics:  Space law Review for 2013.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See www.onegiantleapfoundation.org/amazon.htm.

We welcomed Michael Listner back to the program for this space law review for 2013.  On The Space Show blog at the end of the summary, you will find two presentations uploaded at Michael’s request.  In the first segment of this 1 hour 57 minute discussion, Michael said it was a fruitful year for space law and policy.  He suggested that the paradigm changer was private space development, at both the state and the federal legal picture.  He talked much about the Outer Space Treaty (OST) which provides the legal basis for the U.S. to exercise control over its citizens launching anything to space anywhere in the world.  This subject came up in reference to Mars One and some statements Michael made regarding there wanting to go elsewhere to avoid Dutch law.  Michael explained how the OST presents the Dutch government with the same obligation for its citizens around the world as is the case with the U.S.  Michael then brought us current with the European Code of Conduct, current modifications, and the impact it might have on U.S. space entrepreneurs and launchers such as SpaceX.  He talked about how regulations get enforced as law & how they would make the voluntary code legally binding in our country.  We talked about the need to get an FAA launch license for private companies and how that might be unavailable depending on regulations and political issues.  For a government mission, there is no launch license requirement.  This point was stressed when using SLS for Inspiration Mars came up for discussion.

In the second segment (note we had a phone interruption so there was a short additional break though most of it was edited out), there were several email questions and comments regarding Tito’s recent Inspiration Mars congressional testimony and what it might mean for space law issues if the mission became a NASA project.  Allen asked a question about state law, specifically in California.  Michael explained the relationship between state and federal law in space matters.  During the discussion, Michael referenced many papers by different authors applicable to our discussion. Here are the links to those papers:  Henry Hertzfeld & Scott Pace: http://science.time.com/2013/11/28/hands-off-our-lunar-landing-sites-not-so-fast; National Space Transportation Policy:
www.whitehouse.gov/sites/default/files/microsites/ostp/national_space_transportation_policy_11212013.pdf; Established Practices for Human Spaceflight Occupant Safety www.whitehouse.gov/sites/default/files/microsites/ostp/national_space_transportation_policy_11212013.pdf; Space Review article on commercial spaceflight self-regulation: www.thespacereview.com/article/2252/1; FAA decision: www.gpo.gov/fdsys/pkg/FR-2013-12-02/html/2013-28405.htm.  Our guest talked about these items during both segments of our show, stressing the geopolitical component.  Near the end of the program, we talked about laws to protect the lunar Apollo landing sites and artifacts.  In his concluding remarks, our guest stressed the need to play by the rules.  Such rules may consist of state, federal, and international laws and regulations. Michael also talked about Bigelow Aerospace and his lunar cots like program suggested with NASA.

If you have questions/comments for Michael, post them on The Space Show blog. You can reach Michael through his website at www.spacelawsolutions.com.

Relationship of space law with traditional law

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John Batchelor Hotel Mars, Wednesday, 7-24-13 July 25, 2013

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John Batchelor Hotel Mars, Wednesday, 7-24-13

http://archived.thespaceshow.com/shows/2056-BWB-2013-07-24.mp3

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Guests: John Batchelor, Michael Listner, Dr. David Livingston:  Topics:  The legalities & issues regarding asteroid and resource mining in space.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Written Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We do not permit the commercial use of any Space Show program or part thereof, nor do we permit Space Show programs to be edited, placed on YouTube, or other private channels & websites. Space Show programs can be quoted in news articles, papers, academic & research work but must be cited or referenced in the proper citation format. Contact Dr. Livingston for questions about our copyright and trademark policies which we do enforce.  This program is archived on The Space Show website, podcasting, and blog sites with permission from John Batchelor. Please visit the John Batchelor Show website for more information about this fine program, www.johnbatchelorshow.com.  Remember, your Amazon Purchases Can Help Support The Space Show/OGLF (www.onegiantleapfoundation.org/amazon.htm).

During our 11 minute plus discussion, John, Mike Listener, and I talked about the legalities of asteroid mining, resource usage in space, potential issues such as profit sharing, treaty constraints, liability, and government regulation.  I believe Michael summed it up well when near the end of our segment, he said that this type of activity was still possibly 20 years away and during that time, the legal issues should be addressed and hopefully resolved.

Please post any comments/questions you might have on The Space Show blog.  You can contact any of  us through drspace@thespaceshow.com.

Michael Listner, Monday, 5-6-13 May 6, 2013

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Michael Listner, Monday, 5-6-13

http://archived.thespaceshow.com/shows/2003-BWB-2013-05-06.mp3

Guest:  Michael Listner.  Topics:  Space debris issues and ideas for solutions.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com. Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information.

We welcomed Michael Listner back to the program to discuss space debris and Apollo artifact issues along with his ideas for possible solutions to the debris problem.  On The Space Show blog, you will find three of Michael’s Space Review articles on the subject plus his Power Point slide presentation at the end of the blog summary statement.  In addition, Michael had an article in the current Space Review on the preservation of Apollo historic sites. For this article, see www.thespacereview.com/article/2290/1.  In the first segment of our 1 hour 44 minute show, Michael offered us his definition of space debris and pointed us to his slides which I urge you to have available when listening to this show. Again, his slide presentation is uploaded to the blog for this program and is the last item of the uploads.  He summarized the space debris issue as both legal and thorny!  After defining debris and the issues using the first few of his slides, he talked about other issues including ITAR, property rights, technical, and even national security issues.  Listeners asked him several questions, mostly focused on LEO as that is the most crowded region at this time and the priority for debris mitigation.  CubeSat issues came up given the potential debris problem should the cubesats manifest in the quantity talked about and planned.  We talked policy issues and different strategies as suggested by China and Russia.  We also talked about weapons issues and dual use for the military as well as for civilian use.  Michael went over Transparency Confidence Measures (TCMs) instead of new treaties and mentioned the proposed Russian/Chinese treaty, PPWT, which does not have wide support in the UN.  Late in the segment, Michael talked about the OST and the definition of a space object. We also talked about space salvage compared to ocean salvage. He told us to check out Project Azorian www.gwu.edu/~nsarchiv/nukevault/ebb305) (but did not tell us what this was.

In our second segment, Michael wanted to focus on solutions & he offered us some of his ideas on the subject. Still referring to his PPT slides.  One suggestion was to offer limited liability to third parties or those working to mitigate a debris issue, similar to what many of the commercial spaceports are doing with the suborbital spaceship companies and manufacturers.  He talked quite a bit about the proposed Swiss concept for debris mitigation which he liked very much. Michael wrote another Space Review article on this concept last year which you can read at http://www.thespacereview.com/article/2032/1.  Toward the end of the program, we talked about the need to preserve the Apollo landing sites as historical sites and some of the issues and challenged faced in doing so.

Please post your comments/questions on The Space Show blog. Michael can also be contacted at michael.listner at spacesafetymagazine dot com.

Legal issues surrounding space debris remediation

Addressing the challenges of space debris, part 1: defining space debris

Addressing the challenges of space debris, part 2: liability

Addressing the challenges of space debris, part 3: policy

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Michael Listner, Tuesday, 11-27-12 November 28, 2012

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Michael Listner, Tuesday, 11-27-12

http://archived.thespaceshow.com/shows/1902-BWB-2012-11-27.mp3

Guest:  Michael Listner.  Topics:  Space law & policy review for 2012.  Please direct all comments & questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com. Comments & questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright & are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. We welcomed Michael Listner back to the show to do our first ever annual review of space law issues. Michael had several topics to discuss including the Code of  Contact, Transparency & Confidence-Building Measures (TCBMs), Cube sat regulation, ITAR, Planetary resources & space property rights, Space debris with an emphasis on EnviSat, Austria’s space law in particular the launch of Austria’s first satellite in December, Commercial space in particular limited liability laws, Delineation of air space & outer space, the Moon Treaty & the ascension of Turkey & Saudi Arabia, Rules of Arbitration, & the preservation of Apollo landing sites.  We started with two main space law issues of 2012, the European Code of Conduct & TCBMs.  Michael did a good job explaining the history of these items, where are today with them & what is likely to happen with them in 2013.  We also talked about space taking on the role of being normal & we both pointed out ways in which it interacts with regular law even if consumers are behind a firewall & have no awareness of space law issues.  Our discussion turned toward benefit sharing & this took us into an extensive Moon Treaty discussion. I urge people not blow off what to many of us are radical departures from how we have been conducting space affairs & how we want to see commercial space evolve.  There are longer term potential risks given trends in benefit sharing, more countries signing on to the Moon Treaty, & even listener feedback I get right here on The Space Show.  Michael urged us to pay attention if other nations sign the Moon Treaty, particularly if Russia or China agree to it.  Michael talked about legal theories that can make the Moon Treaty enforceable given it is a legal treaty, even if the U.S. & others do not sign it.  Again, I urge our audience to not discount this potential longer term risk.
     In the second segment, Michael talked about the issue of just where space starts.  He mentioned two theories on this & why it is an important issue. The U.S. position tends to discount the debate & operates as if the 100km point is the edge of space.  It appears we abstain from the debate with the opinion it is a settled issue but evidently not in some circles as it is a hot button issue.  We also talked about the limited liability laws for suborbital space, especially in New Mexico which is having a problem accepting it in its legislature.  We mentioned the potential impact limited liability might have on Spaceport America so it deserves watching.  Michael talked about cubesat regulation & an upcoming European conference on that subject.  He said it is something we need to be carefully watching.  ITAR reform, especially in terms of getting satellites off the munitions list to the dual technology list was also a key issue for the year & will be next year.  We also talked about space debris issues & the impact of ESA’s EnviSat.  As our program was ending, I asked Michael for some future 2013 assessments of hot button issues.  Among those he mentioned included the Code, TCBMs, ITAR, possibly the Moon Treaty & Planetary Resources types of issues.  A listener asked about our withdrawal from the OST but Michael did not think that would mean much. Our last topic dealt with the historical preservation of the Apollo 11 & 17 landing sites.
    Please post your comments/questions on The Space Show blog.  You can email Michael at michael@spacelawsolutions.com.

Michael Listner, Monday, 1-2-12 January 2, 2012

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Michael Listner, Monday, 1-2-12

http://archived.thespaceshow.com/shows/1681-BWB-2012-01-02.mp3

Guest:  Michael Listner.  Topics:  National and international space law issues including property rights, the Moon Treaty & more.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com.  Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright.  We welcomes Michael Listner to the program to discuss national and international space law issues and related matters.  We started out discussing the new Austrian domestic space law and inquiring of our guest why we should take note of this Austrian law here in the U.S.  As you will hear from Mr. Listner, the new Austrian law relates specifically to the UN space treaties and plays a role in international space law.  Our guest wrote a recent article on this subject in The Space Review on Dec. 12, 2011.  You can read his article at www.thespacereview.com/article/1988/1.  Another interesting article of his you might value is in DefensePolicy.org from July 7, 2011 and titled “TCBMs: A New Definition and New Role for Outer Space Security.”  You can download it at www.defensepolicy.org/2011/michlis/tcbms-a-new-definition-and-new-role-for-outer-space-security. Our discussion then focused on launching country issues and liability, satellite operations in different countries and both the Liability and the Registration U.N. Conventions.  This discussion led us to talking about the European Code of Conduct for Outer Space Activities and Michael updated us on the status of this voluntary agreement, both on the international front as well as here in the U.S.  Other issues discussed in this segment included space debris and the Draft Russian Chinese Treaty On The Prevention Of The Placement Of Weapons In Outer Space (PPWT).  We also talked about the Chinese GPS system covering Asia, its military focus, and Chinese geo political intersects.  Michael then introduced us to Transparency and Confidence Building Measures (TCBMs) as alternatives to treaties. This prompted several listener questions and comments about “so called” government transparency, the word of governments, and their effectiveness so far.  This was an interesting discussion, especially when I asked our guest for his personal opinion on these types of agreements.  Space tourism became a subject and we spent some time on the liability issues and the states that have passed liability protection laws for the space companies.  Jack from Virginia was listening and provided us with important information about the Virginia law which he largely authored and which has become a model for the laws in Florida, Texas, and New Mexico.  We spent the rest of the first segment talking about liability and space tourism issues. In the second segment, Helen asked if funding levels for NASA and space interests correlated to up’s and downs in space policy.  As you will hear, most policy is driven by politics, not funding levels.  There were lots of questions about the legality of the Moon Treaty and its applicability to commercial space, even Google Lunar X Prize contestants.  We fielded questions on lunar mineral extractions as well as messing with Apollo artifacts on the Moon.  We then jumped over to property rights and what this actually means regarding space issues.  As we were nearing the end of our discussion, I asked Michael if space law was largely an academic field or if it was becoming a career choice field in terms of practical application.  He said it was becoming more and more practical and more and more schools were offering commercial law classes.  If you have comments or questions for Michael Listner, please post them on the blog URL above.

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