What is NewSpace? By Charles Stotler Manfred Lachs

Transcript:What is NewSpace? By Charles Stotler Manfred Lachs:
What is NewSpace? By Charles Stotler Manfred Lachs Conference 16-17 March 2015 NewSpace… “…the entrepreneurial space industry…” – Jeff Foust, “Current issues in NewSpace,” The Space Review (5 March 2007) “…an exact, widely-accepted definition of NewSpace still eludes the space community…” Circa 2006 Evolved from ‘Alt.space’ Suborbital and orbital vehicles – Jeff Foust, “The evolving ecosystem of NewSpace” The Space Review (15 August 2011) NewSpace… “…a company that is built, formed, operated by, funded by, or has as part of its business plan the opening of the space frontier, and making a profit doing so.” – Rick Tumlinson, co-founder of Space Frontier Foundation Commercial space? Since the 1950s, the US government and aerospace contractors have maintained that the aerospace and defense industry operates on a commercial basis. US v European perspective Government contracting and infrastructure investment – Joanne Gabrynowicz, “One Half Century and Counting: The Evolution of US National Space Law and Three Long-Term Emerging Issues” (2010) 4 Harv. L. & Pol’y 405, 423-424. The era of commercialization and privatization Pre-NewSpace movements toward commercialization and privatization: 1984 Commercial Space Launch Act 1984 Land Remote-Sensing Commercialization Act 1990s political pressure to break up national and international communications monopolies and the restructuring of Intelsat in early 2000s 1990s-2000s USAF Evolved Expendable Launch Vehicle (EELV) program – Joanne Gabrynowicz, “One Half Century and Counting: The Evolution of US National Space Law and Three Long-Term Emerging Issues” (2010) 4 Harv. L. & Pol’y 405, 423-424. The era of commercialization and privatization “It can be expected that this development toward privatization and commercialization of space applications will continue as demands grow and as States and international organizations continue to have less financial resources available for space activities.” – Karl -Heinz Böckstiegel, “Chair’s Introductory Remarks” (1997) 22(1) Annals of Air and Space Law 399, 341 A nascent commercial launch market Globalization as driving a movement toward a free launch trade environment: Restrictive bilateral launch agreements set to expire; US-Russian cooperative ventures, including Lockheed purchase of the RD-180 engine – H. Peter van Fenema, “Recent Parallel Developments in Aviation and Space Launch Regulation” (1997) 22(1) Annals A & S L 363, 365-367 The brakes on globalization Strom Thurmond Act of 1999 Transferred Commercial Communication Satellites to USML Commercial satellite launch industry never materialized. – Ian F. Fergusson and Paul K. Kerr, “The U.S. Export Control System and the Presidents’ Reform Initiative,” Congressional Research Service, Report R41916 (13