Broadcast 2133 (Special Edition)

The Space Foundation Conference

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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, 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 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: National Space Transportation Policy: Established Practices for Human Spaceflight Occupant Safety Space Review article on commercial spaceflight self-regulation:; FAA decision: 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



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01 Dec 2013 Michael Listner
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  • The Space Foundation Conference

  • The Space Foundation Conference

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