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Alex de Ruyter, Muhammad Irfan Syaebani, Riani Rachmawati, David Bailey and Tonia Warnecke

This chapter explores the labour market experiences of vendors (particularly street vendors), a prominent category of informal worker. Accordingly, the chapter reports on findings of interviews with vendors in the Greater Jakarta region of Indonesia, so as to shed light on the aspects of labour market vulnerability that they face, and hence highlight some lessons for labour law enforcement. The findings of the research provide insights on the issues affecting workers in these sectors and, more importantly, inform policy-makers and practitioners on the effectiveness of regulation to cover informal sector workers in Indonesia and in a wider context.

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Andrea J. Harrington

Several US states have pioneered the adoption of space tourism industry-sponsored Spaceflight Liability and Immunity Acts for spaceflight participants in the past decade. These Acts specify the conditions under which a spaceflight entity will not be liable for a participant injury resulting from the risks of spaceflight activities. This trend in US space law is likely to have an impact on the emerging space tourism industry. The current chapter sets forth the context in which these Acts exist, by defining key terms and discussing the relevant distinctions between orbital and suborbital transportation. The chapter presents the federal setting in which the US Acts have come to exist, both in terms of liability with regard to commercial spaceflight and conflict with federal law generally. Finally, the language of the Acts is analysed, comparing key differences among them, and the potential applicability of such acts in non-US jurisdictions is considered. Keywords: space tourism; spaceflight liability and immunity; liability waiver; US state and federal law

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Karin Buhmann

Chapter 4 considers the background to the process that led to the BHR regime. It opens by introducing nineteenth and twentieth century initiatives towards business responsibility for their social impact, with a particular emphasis on how human rights or human rights related concerns formed part of this, for example in regard to provision of housing and exploitation of human labour. Next it describes initiatives by intergovernmental organisations in the second half of the twentieth century to develop norms for transnational corporation (TNC) conduct. Finally, it proceeds to the four case studies that offer the immediate backdrop to the main case leading the BHR regime and demonstrate the prevailing antagonism: The UN’s Draft Norms on Business and Human Rights, the UN Global Compact, the EU’s Multi-Stakeholder Forum on CSR and CSR Alliance.

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David Grant and Lyria Bennett Moses

This book presents an entirely new way of understanding technology, as the successor to the dominant ideologies that have underpinned the thought and practices of the Western world. Like the preceding ideologies of Deity, State and Market, technology displays the features of a modern myth, promising to deal with our existential concerns on condition of our subjection to them. Utilising robust empirical evidence, Lyria Bennett Moses and David Grant argue that the pathway out of this mythological maze is the production of means to establish a new sense of political, corporate and personal self-responsibility.
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Lesley Jane Smith

This chapter focuses on the impact of sub-orbital flight on the existing air and space transport liability regimes. It discusses whether the future sub-orbital or orbital aircraft services, designed to deliver new forms of faster and further aerospace travel, can be pegged with existing aerospace liability regimes, or whether a new sui generis sector-specific approach to liability for this growth sector is needed. It reviews the regulatory options available at national and international level, identifies the importance of dialogue and consultation across the national licensing systems, and highlights some of the considerations involved in identifying the best possible approach to a liability regime for this sector. The technical considerations involved in certifying and licensing sub-orbital craft are not addressed. Keywords: sub-orbital flights; liability; licensing; aerospace transport

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Ward Munters

This chapter discusses the legal challenges under international law associated with the planned implementation of large constellations of small satellites by a number of commercial space operators, including OneWeb, SpaceX and Boeing. The international community is increasingly aware of the challenges that the paradigm shift posed by these constellations may hold with regard to, inter alia, effective regulation and sustainability. Using the real-world example of the forthcoming OneWeb constellation as well as scientific studies on its ostensible impact on the space debris environment in low Earth orbit, the chapter seeks to critically frame a number of concerns relating to large constellations vis-à-vis international space debris mitigation guidelines, liability and reparations, the prevention of transboundary harm and the precautionary principle. Keywords: space debris mitigation; small satellites; large satellite constellations; international environmental law; transboundary harm; precautionary principle

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Steven Wood

This chapter discusses the impact of manned commercial space activities on the legal definition of space tourists. Specifically, the chapter aims to answer the question whether space tourists are eligible to receive rescue assistance in outer space under the 1967 Outer Space Treaty and the 1968 Astronaut Return and Rescue Agreement. Answering this question depends, in turn, upon the resolution of several other challenging questions, including whether space tourists qualify as ‘astronauts’ or ‘personnel of a spacecraft’, as well as determination of the precise criteria required by the OST and RRA rescue provisions. The author raises and discusses a number of arguments to support the position that these definitions should be interpreted as inclusive of space tourists, taking into account the meaning of the verb ‘have alighted’ in the relevant provisions, and the underlying humanitarian objectives and purposes of the RRA to provide for search and rescue for all spacecraft personnel in danger. Keywords: space tourist; astronaut; personnel of a spacecraft; rescue and return; definitions

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Jean-François Mayence

The United Nations Committee for the Peaceful Uses of Outer Space is the cradle of the five treaties on outer space and the arena wherein several resolutions of the United Nations General Assembly dealing with space activities have been drafted. It has more than seventy Member States, with more or less involvement in the space business, and several intergovernmental and non-governmental organizations as observers. This chapter seeks to review how, in almost sixty years of existence, its work has involved the representatives of the private space sector and how such involvement could be achieved in the future. Keywords: UNCOPUOS; non-State actors; global space governance; global public goods

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Jill Rubery

The current system of employment and social protection is increasingly regarded as favouring insiders and providing inadequate protection for those engaged in care work, and for the increasing numbers employed under non-standard contracts or under complex employment relationships spanning organizational boundaries. There is pressure from the mainstream to deregulate or from social policy circles to focus on universal social protection, not dependent on employment status. This chapter argues for an approach which combines more universal social protection with increased obligations on employers to extend protection across a wider variety of employment statuses. This combined approach is necessary as social protection is not sustainable if employers pass on too many decommodification costs to the state. Furthermore, employment regulation serves multiple functions, not only income and social protection: eight functions of employment regulation are identified and reforms proposed to make the regulation more inclusive and to promote employer responsibility.

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Thierry Herman and Alexander Soucek

This chapter provides elements for consideration regarding the regulation of sub-orbital flights carrying humans, in particular those carried out for commercial purposes. The authors argue that the formulation or application of law concerning this issue should be anticipated by establishing clarity in respect of two questions. First, what needs to be achieved? Second, how can this best be achieved? To answer those questions, the chapter proposes elements for discussion rather than conclusive answers. The authors argue that clarity over the purposes for regulation plays as much a role as the experience gained from existing regimes and precision in definitions and semantics. They recall characteristics of the two systems that are considered apparent ‘candidate regimes’ for regulating commercial suborbital flights. Finally, they present two examples of domestic regulatory approaches that deal with different subjects and yet reveal certain commonalities. Keywords: commercial sub-orbital flight; air law; aircraft; space object; US federal law; French law