LAW 7172 - Strategic Space Law

North Terrace Campus - Quadmester 2 - 2019

This course will examine the legal aspects of space security, globally and domestically. The content of the course will range across the spectrum from peace to conflict and will cover international law and some domestic law applicable to space situational awareness, sharing of technology, expertise and data, space launch, the space component of ballistic missile defence, space-based intelligence, surveillance and reconnaissance and means to counter these systems, space-based Position, Navigation and Timing (PNT), satellite communications, use of the radio-frequency spectrum and electronic warfare, counter-space operations and force application from space. On successful completion of this course students should be able to demonstrate advanced knowledge of the intersection of law, strategy and outer space; critically analyse complex problems arising from the application of law to space security; and broadly understand the interests and stakeholders in a variety of contexts associated with strategic space law.

  • General Course Information
    Course Details
    Course Code LAW 7172
    Course Strategic Space Law
    Coordinating Unit Adelaide Law School
    Term Quadmester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Prerequisites Students without a Bachelor of Laws must have completed LAW 7177
    Course Description This course will examine the legal aspects of space security, globally and domestically. The content of the course will range across the spectrum from peace to conflict and will cover international law and some domestic law applicable to space situational awareness, sharing of technology, expertise and data, space launch, the space component of ballistic missile defence, space-based intelligence, surveillance and reconnaissance and means to counter these systems, space-based Position, Navigation and Timing (PNT), satellite communications, use of the radio-frequency spectrum and electronic warfare, counter-space operations and force application from space. On successful completion of this course students should be able to demonstrate advanced knowledge of the intersection of law, strategy and outer space; critically analyse complex problems arising from the application of law to space security; and broadly understand the interests and stakeholders in a variety of contexts associated with strategic space law.
    Course Staff

    Course Coordinator: Professor Dale Stephens


    For enrolment enquiries please email Dale.stephens@adelaide.edu.au

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course, students will be able to:

    1. To undertake legal research at a high level of complexity.
    2. Effectively structure and articulate written legal arguments.
    3. Deploy advanced skills in statutory and treaty interpretation to resolve complex legal problems.
    4. Analyse a complex factual scenario and identify the relevant legal issues.
    5. Articulate complex legal arguments orally.
    6. Identify and evaluate relevant ethical and moral issues in legal situations.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    3,4
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2,5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    Materials and resources will be made available on MyUni
    Online Learning
    MyUni will be used to post announvements, additional lecture material (including slides, and where available, recordings of lectures) and announce assignment tasks.  It will also contain electronic copies of the Course Profile and Course materials.  Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Learning and Teaching Actvities amounting to 24 hours (across lecture, seminar and structured learning and activity formats) will be offered to students in this course. 
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies.  This means that you are expected to commit approximately 9 hours of private study in addition to your regular class.
    Learning Activities Summary
    A combination of lecture/seminar format with group activitiy and presentation.  As an intensive course student participation is critical and occupies a key assessment element of the course. This course attracts many post graduate students from different backgrounds and the richness of the learning experience of draws on the diversity of the students participating.

    The following table of activities is subject to change - an updated course timeline will be provided on MyUni.


     

    Mon 3 June

    Tues 4 June

    Wed 5 June

    Thurs 6 June

    Fri 7 June

    10.00am  – 11.00am

    Welcome, Introduction, Assessment Stephens/de Zwart 

    Australian Military Space Policy

    Blake

     

    European Space Policy and Military Uses of Outer Space

    de Zwart

    Jus ad bellum and Jus in Bello Exercise

    Stephens

    Space Mining and Space Colonization – Legal and Military Issues

    Stubbs/Henderson

    11.00am  – 12.00 noon

    Review of Basic Space Law Principles Stephens

    Law on space applications – PNT, ISR, SSA, Ballistic missile early warning and missile defence

    Blake

    Australian Space Regulatory Regime issues and challenges – ANGELS Project

    US Strategic Thinking in Space -

    60 minutes Video

    Space Security Index (SSI) Contemporary Strategic Indicators 2018.

    (SSI team)  

     

    12.00 noon – 1.00pm

    Review of Basic Space law Principles Stephens

    Law on space applications – PNT, ISR, SSA, Ballistic missile early warning and missile defence

    Blake

     

    Jus Ad bellum and Military Space Operations

    Stephens

    US Strategic Space Policy/Russian Strategic Space Policy/Chinese Strategic Space Policy

    Beard

     

    Future Developments in Strategic Space Policy/Law

    Beard

    1.00pm – 2.00 pm

    Lunch

    Lunch

    Lunch

    Lunch

    Lunch

    2.00pm – 3.00pm

    Weaponization of Space and Hard/Soft law proposals Beard

    Liability and State Responsibility in Space

    Stubbs

     

     

    Jus In bello and Military Space Operations

    Stephens

    US Strategic Space Policy/Russian Strategic Space Policy/Chinese Strategic Space Policy

    Beard

     

    The Woomera Manual and the role of normative projects.

    Stephens

    3.00pm – 4.00pm

    ‘Peaceful Purposes’ and Interpretative Methodology Beard

    Civil and Commercial Uses of Space and Privatization

    de Zwart

    Jus in Bello and Military Space Operations

    Stephens

    Technology, Space and the Law

    de Zwart

    Wrap up and Close

    Stephens/de Zwart/Beard

    Specific Course Requirements
    None
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary


    Assessment Task Task Type (Group or Individual)
    Due Weighting Length Redeemable Course Learning Outcome
    Class participation Individual

    End of week of intensive class

    10% N/A No 1,3,4.5,6
    Short Issues paper Individual TBA 30% 2000 words No 1,2,3,4,6
    Research Essay Individual  TBA 60% 4000 words No 1,2,3,4,6
    ** Please note that due to the International cohort of students in this Course, due dates are announced on MyUni and discussed with students in class
    Assessment Detail
    Class Participation: Students will have ample opportunity to participate in class discusison.  In addition, there will be at least one in class exercise where students will have the opportunity to present their considered analysis.  Numerous legal, ethical and policy issues will be presented throughout the course and students will have ample opportunity to develop their own perspectives and to articulate those perspectives.  Please note that this mark will be principally based on quality of engagement not frequency of engagement. 

    Short Issues Paper: The scope of this topic is large and there will be numerous legal, ethical and policy issues encountered through the course.  Studnets will be required to identify a particular issue that has resonance with them and to write a 2000 word paper examining that particular issue.  

    Research Essay: While students will be free to design any relevant (and approved) topic they would like, selected possible topcs will be presented progressively through the course for consideration.  These proposed topics will be mostly based on the themes that attract particular student engagement during the week.  All topics must be approved by the Course Coordinator by the last day of the course. 
    Submission
    Students must retain a copy of all assignments submitted.

    The essay and short issues paper must be submitted in accordance with the specific directions contained in the essay instructions which will be made available on MYUni.

    Extentions: Requests for extensions must be made electronically, according to law school policy.

    Extensions  will be granted only for unexpected illness, harship or on compassionate grounds in accordance with University Policy.  Work commitments, travel, holidays or sporting engagements for example are not unexpected circumstances.

    Late submission: 5% of the total mark possible will be deducted for every 24 hours or part therof that it is late, including a day on a weekend.   For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%.  An essay that is two days late will receive a penalty of 10%, three days late a penalty of 15% etc.

    Word length - 5% penalty for every 100 words that exceed the word limit.  Applied to the total mark as illustrated in the formula above.   






    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework
    Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the  appropriate channels for academic review (such as an official re-mark).

     
    Moderation

    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

     
    *assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    *detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    *sharing of example marked assessments at various grade bands across markers;
    *reviewing of selected marked assessments from each marker by the course coordinator;
    *comparison of the marks and their distribution across markers;
    *automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    *the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.


    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.