Chikujokaisetsu Uchuniho (Commentary on two Space Laws)

The Act on Launching of Spacecraft, etc. and Control of Spacecraft (Space Activity Act) and the Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data (Satellite Remote Sensing Act) were enacted on November 9^th, 2016 and promulgated on November 16^th, 2016. Both laws are sometimes collectively called the Two Space Acts. This is the only book that provides a step-by-step commentary on the Space Activity Act and Satellite Remote Sensing Act. Before providing a step-by-step commentary on either of the laws, this book explains why the enactment of these laws was necessary, what kind of legislation has been implemented in these areas in other countries, and the history of such a legislation in Japan. A future issue for the Satellite Remote Sensing Act is the need to carefully investigate its relationship with the legislation on the protection of personal information, with there being an increased resolution enhancement of satellite remote sensing data.
 
The Space Activity Act does not just function as a collateral law for the various outer space treaties related to privately-operated space activity, it also ensures public safety when launching satellites and promptly protects victims when compensations for the damages are needed. Furthermore, the necessity of this law to promote the space industry has also been pointed out in this book. The Satellite Remote Sensing Act prevents the misuse of satellite remote sensing data. It is also expected to improve predictability and establish institutional infrastructure that will promote new services and new industries via the use of satellite remote sensing data. These are carried out by clarifying in advance the rules that should be observed by business operators.
 
While both the Space Activity Act and the Satellite Remote Sensing Act are new regulatory laws, these laws also have the characteristic of laws that are meant for promoting new industries. This book is written to enable the readers to understand the discussion on the legislative process examining how regulatory law should be, while taking into consideration the promotion of the space industry. The Space Activity Act also requires the government to conclude a contract of indemnification for damages in the event of a rocket fall or other incidents, making it an important law from the perspective of the government indemnification scheme. In the light of this viewpoint, this book endeavors to highlight the characteristics of the indemnification contract for damages in the event of a rocket fall or other incidents in the Space Activity Act. The Satellite Remote Sensing Act has aspects of a law concerning information security, which makes it an important law from the perspective of information law. Considering this viewpoint, this book clarifies the characteristics of the Satellite Remote Sensing Act as a law on information security.
 
I hope this book can be of use to the people involved in the launching and managing of satellites, using of satellite remote sensing equipment, and handling of satellite remote sensing data, as well as to the people who are researching on the Two Space Acts.
 

(Written by UGA Katsuya, Professor Emeritus, Graduate Schools for Law and Politics / 2021)