ADVANCES IN SPACE SCIENCE AND TECHNOLOGY
CONTENTS PART I AN EXAMINATION OF PRELIMINARY CONCERNS – CONTEXTUAL LENSES TECHNICAL CHARACTERISTICS OF SPACE GOODS AND TECHNOLOGY THAT ARE RELEVANT TO EXPORT CONTROL DE?NING SPACE TECHNOLOGY DUAL-USE CHARACTERISTICS STRATEGIC MILITARY AND INTELLIGENCE CHARACTERISTICS EXPORT CONTROLS AND SATELLITE LAUNCHES THE FUTURE OF SPACE GOODS AND TECHNOLOGY CHAPTER SUMMARY AND CONCLUSIONS SOVEREIGNTY AS THE LEGAL BASIS OF EXPORT CONTROLS: INTERNATIONAL LAW AND SPACE TECHNOLOGY CONTROLS SOVEREIGNTY AS A PRECONDITION TO EXPORT CONTROL SOVEREIGN AUTHORITY AND EXPORT CONTROL DOMESTIC SOVEREIGNTY AND INTERDEPENDENCE EXPORT CONTROLS AND SOVEREIGN JURISDICTION INTERNATIONAL LEGAL OBLIGATIONS OF A STATE TO CONTROL EXPORTS OF SPACECRAFT AND LAUNCH VEHICLE TECHNOLOGY SECURITY COUNCIL RESOLUTIONS TREATIES NON-BINDING ARRANGEMENTS AND GUIDELINES CUSTOMARY AND PEREMPTORY NORMS OF INTERNATIONAL LAW SOVEREIGNTY AND THE FORM AND STRUCTURE OF THE U S COMMERCIAL COMMUNICATION SATELLITE (COMSAT) TECHNOLOGY EXPORT CONTROL REGIME POLICY, ECONOMIC, AND TECHNO GLOBALIZATION THREE PHENOMENA OF GLOBALIZATION POLICY GLOBALIZATION ECONOMIC GLOBALIZATION TECHNO GLOBALIZATION THE RELATIONSHIP BETWEEN THESE THREE PHENOMENA OBSERVED MANIFESTATIONS OF GLOBALIZATION PART II A CASE STUDY OF U S COMSAT EXPORT CONTROLS – A REGIME IN NEED OF REFORM? THE U S APPROACH TO COMSAT EXPORT CONTROLS AND THE CHALLENGE OF U S-E U REGULATORY DIVERGENCE AN OVERVIEW OF THE U S MUNITIONS AND DUAL-USE EXPORT CONTROL SYSTEM MUNITION EXPORT CONTROLS: THE ARMS EXPORT CONTROL ACT OF 1976 COMMERCIAL EXPORT CONTROLS: THE EXPORT ADMINISTRATION ACT OF 1979 COMPARATIVE ANALYSIS OF ITAR AND EAR REGULATIONS CONSTITUTIONALITY JUDICIAL REVIEW U S COMSAT EXPORT CONTROLS CHINA, THE COX COMMISSION AND THE THURMOND DEFENSE ACT OF THE NEED FOR REGULATORY CONVERGENCE AND U S CONTROLS AS A DE FACTO “UNILATERAL” INTERNATIONAL REGIME EUROPEAN COMSAT EXPORT CONTROLS COMPARATIVE ANALYSIS OF U S – E U COMSAT CONTROL COMSAT CATEGORIZATION CHINA FOREIGN POLICY CONTROLS ENFORCEMENT SANCTIONS COMPARATIVE ANALYSIS FINDINGS U S – E U COMSAT EXPORT CONTROL REGULATORY DIVERGENCE: AN ECONOMIC IMPACT ASSESSMENT IN LIGHT OF STRATEGIC EFFECTIVENESS ECONOMIC IMPACT OF THE STDA ON THE U S SATELLITE INDUSTRIAL BASE BRIEF NOTE ON MANUFACTURING TIERS ASSESSING THE EMPIRICAL SOURCES CONCLUSIONS AS TO THE VALIDITY OF THESE PRIMARY SOURCES ALTERNATIVE SOURCES CONCERNS REGARDING THE ACADEMIC LITERATURE EXTRACTING EMPIRICAL FINDINGS ON THE BASIS OF THESE SOURCES CONCLUSIONS ECONOMIC IMPACT OF THE CHINA LAUNCH BOYCOTT OVERVIEW OF COMMERCIAL SPACE TRANSPORTATION MARKET OPERATIONS MARKET SNAPSHOT CONCLUSIONS AS TO THE ECONOMIC IMPACT OF THE LAUNCH BOYCOTT STRATEGIC EFFECTIVENESS OF THE STDA COMSAT USML MANDATE POLICY OBJECTIVE #1 POLICY OBJECTIVE #2 POLICY OBJECTIVE #3 STRATEGIC EFFECTIVENESS OF THE CHINA LAUNCH BOYCOTT EFFORTS TO REFORM THE STDA AND CHINA LAUNCH BOYCOTT: A PUBLIC CHOICE THEORY ANALYSIS OVERVIEW OF PUBLIC CHOICE THEORY APPLICATION OF PUBLIC CHOICE THEORIES RECALIBRATING VALUE AND COST THEORY ASYMMETRIC OF?CIAL INCENTIVES THEORY INEF?CIENT GOVERNMENT THEORY LEGAL REFORM “INSIDE-THE-BOX” OF THE CURRENT NATIONAL CENTRIC PARADIGM: A LACUNA OF LONG-TERM STRATEGIC VISION NATIONAL EXPORT CONTROLS: THE CURRENT PRESUMPTIVE PARADIGM OF SPACE TECHNOLOGY TRADE AND PROLIFERATION CONTROLS OVERVIEW OF TYPES OF REFORMS PROCESS LEVEL REFORM PROPOSALS POLICY LEVEL REFORM PROPOSALS STRATEGIC LEVEL REFORM PROPOSALS LITERATURE REVIEW ANALYSIS OF REFORM PROPOSALS EXAMPLES OF COMSAT AND SPACE TECHNOLOGY EXPORT CONTROL REFORM PROPOSALS IN THE PUBLIC DISCOURSE CONFORMITY APPROACH V THE ESCALATION APPROACH PENDING LEGISLATIVE AND EXECUTIVE REFORMS: THE CONFORMITY APPROACH THE DUNCAN-HUNTER AMENDMENT: THE ESCALATION APPROACH INSIDE THE BOX REFORM PROPOSALS U S POLICY ADRIFT, THE LACUNA OF LONG-TERM STRATEGIC VISION DRIFTS OCCURRING WITHIN THE INTERNAL OSCILLATIONS OF POLICY DRIFT RESULTING FROM THE FAILURE OF THE U S TO ADVANCE THE EVOLUTION SOVEREIGN STATE EXPORT CONTROLS INTER-STATE RELATIONS AS A CONSIDERATION 7 10 SUMMARY AND CONCLUSIONS 7 11 KEY FINDINGS OF THE U S COMSAT EXPORT CONTROL CASE STUDY PART III TRANSCENDING THE CASE STUDY – INTERNATIONAL SPACE LAW AND POLICY SECURITY AND GLOBAL CIVIL SPACE COOPERATION: SPACE TECHNOLOGY TRADE AND PROLIFERATION CONTROLS AS ONE PART OF THE LARGER PUZZLE THE IMPACT OF THE CURRENT INTERNATIONAL REGIME OF SPACE TECHNOLOGY TRADE AND PROLIFERATION CONTROLS ON INTERNATIONAL CIVIL SPACE COOPERATION THE OUTER SPACE TREATY GENERAL IMPACT OF CURRENT INTERNATIONAL SPACE TECHNOLOGY TRADE AND PROLIFERATION CONTROL REGIME ON INTERNATIONAL CIVIL SPACE COOPERATION OUTER SPACE ARMS CONTROL, DISARMAMENT, AND PROLIFERATION: ITS LINK TO INTERNATIONAL COOPERATION AND SPACE TECHNOLOGY TRADE AND PROLIFERATION CONTROLS ARMS CONTROL, DISARMAMENT, AND PROLIFERATION AGREEMENTS AND/OR ARRANGEMENTS ASSOCIATED WITH OUTER SPACE LACUNA IN THE CURRENT FRAMEWORK OF ARMS CONTROL, DISARMAMENT, AND PROLIFERATION AGREEMENTS AND/OR ARRANGEMENTS THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY GENERAL DUTY TO MAINTAIN INTERNATIONAL PEACE AND SECURITY OUTER SPACE AND INTERNATIONAL PEACE AND SECURITY EXAMPLES OF EMERGENT SPACE-BASED THREATS TO INTERNATIONAL PEACE AND SECURITY THE ENHANCEMENT OF GLOBAL SECURITY SPACE TECHNOLOGY AND INTERNATIONAL PEACE AND SECURITY LIMITATIONS OF THE CURRENT INTERNATIONAL TECHNOLOGY TRADE AND CONTROL FRAMEWORK COOPERATION AND MUTUAL UNDERSTANDING FOR THE BENE?T AND INTERESTS OF ALL COUNTRIES – AND HENCE MANKIND OUTER SPACE AS THE COMMON INTEREST OF MANKIND MANKIND AS AN INTERNATIONAL LEGAL DEVELOPMENT UNDER CORPUS JURIS SPATIALIS SUBSTANTIVE LEGAL RIGHTS OF MANKIND FOR THE BENE?T AND INTEREST OF ALL COUNTRIES AND HENCE MANKIND CURRENT ISSUES THAT REQUIRE GLOBAL COOPERATION IN CIVIL SPACE ENDEAVORS PARALLEL DEVELOPMENTS OF THE INTERESTS OF MANKIND UNDER INTERNATIONAL LAW A WORLD SPACE ORGANIZATION POLITICAL SUPPORT FOR A WSO UNIQUE ORGANIZATIONAL ATTRIBUTES OF A WSO PRACTICAL NEEDS THAT COULD BE SERVICED BY A WSO REPRESENTATIVE OF MANKIND’S INTEREST IN OUTER SPACE WSO BASIC PROVISIONS WSO COMPLEMENTARY AGREEMENTS THE WSO SPACE TECHNOLOGY TRADE AND PROLIFERATION REGIME: A GLOBAL COOPERATIVE PARADIGM OF CONTROL A SELF-JUSTI?ED SECURITY DILEMMA AND THE PERPETUATION OF UNILATERALISM AN OLIGARCHIC FUTURE OF STATE RELATIONS, EXPORT CONTROL, AND SPACE TECHNOLOGY TRADE 8 10 ANALOGY TO KANT’S COSMOPOLITAN CONDITION 8 11 CHAPTER SUMMARY AND CONCLUSIONS A SUMMARY OF MONOGRAPH FINDINGS FINAL CONCLUSIONS: OVERCOMING THE DILEMMA OF NATIONAL SECURITY AND INTERNATIONAL COOPERATION IN OUTER SPACE