NUS Law partners McGill University to lead discussions on Air & Space Law

Two research centres at the National University of Singapore Faculty of Law (NUS Law) joined forces with McGill University’s Institute for Air and Space Law to co-organise a two-day conference on emerging legal and policy issues around air and space navigation. It was held at the NUS Law’s Bukit Timah Campus from 1-2 August 2024.

Titled “New Horizons in Air and Space Law: Treaties, Technologies, and Tomorrow’s Challenges”, the conference—co-organised by the EW Barker Centre for Law & Business; and the Centre for Technology, Robotics, Artificial Intelligence & the Law (TRAIL)—provided a timely platform for legal academics and practitioners, policymakers and other stakeholders to come together and discuss legal and policy matters associated with our air space, as new technology like remotely piloted cargo drones and even flying taxis redefine our relationship with the skies.

In his keynote speech, Deputy Attorney-General Mr Lionel Yee highlighted the legal framework in aviation established by the Convention on International Civil Aviation, and the legal framework in outer space, established through various multilateral treaties, including the Outer Space Treaty.

In discussing whether the legal frameworks in aviation and outer space possess sufficient flexibility and robustness to adapt to our constantly changing times, Mr Yee said: “Aviation and space law will have to respond to evolving technologies and the human activities that these technologies enable. The current legal system governing aviation is fairly well placed to deal with the changes. The legal system governing outer space, on the other hand, is still developing, but analogous legal regimes provide useful reference points for various possible policy responses. We have the tools in our toolkit to articulate legal norms and frameworks in response to developments in the air and in outer space. The question is what we want to build with these tools.”

Conference convenor, Professor David Tan, Co-Director of TRAIL and Head (Intellectual Property) at the EW Barker Centre for Law & Business, said: “It may take a few lifetimes before humanity gets anywhere close to the future imagined in Star Wars and Star Trek. But it is never too early for academics, practitioners, policymakers and students to come together and discuss how we want to regulate such developments.”

Close to 40 international aerospace experts, spread over 10 panel sessions, led discussions on international law and space governance, including the safe, equitable and sustainable use of airspace, commercial opportunities in space travel and exploration, and opportunities for airports and airlines in the future as the potential of our air space develops quickly.

There was also a special academic panel at the conference to discuss a landmark article, which is still being cited today, published by Prof Tan in 2000 on the protection of outer space as the province of all mankind when he was at Harvard Law School on the Lee Kuan Yew scholarship.

Associate Professor Donal Hanley, Associate Director of the Institute for Air and Space Law at McGill University, said: “The conference will be a unique forum for exploring the challenges, changes, and innovations in the rapidly evolving fields of air and space law. With its diverse and international participant base and series of keynote presentations from leading experts, we expect to foster engaging discussions and groundbreaking research.”

While Singapore’s global status as an aviation hub is well-cemented, its more fledgling spacefaring capabilities are being developed. In 2013, the Economic Development Board established the Office for Space Technology and Industry to spearhead the development of small satellite capabilities and new sensor technologies. By 2020, the office received an expanded mandate to serve as Singapore’s national space office to develop the nation’s space industry, space policy, space talent and workforce as well as to grow international partnerships and strengthen global space governance.

More info on the “New Horizons in Air and Space Law: Treaties, Technologies, and Tomorrow’s Challenges” conference

The EW Barker Centre for Law & Business and the Centre for Technology, Robotics, Artificial Intelligence & the Law, both research centres housed at the NUS Faculty of Law, are the co-organisers of this conference with the Institute of Air and Space Law at McGill University in Canada. The participants hail from over a dozen countries including Australia, Canada, China, Japan, the Netherlands, the United States, and Singapore.

Advanced supersonic aircraft, remotely-piloted cargo drones, and even flying taxis are on the horizon. But all these developments necessitate a re-evaluation of traditional air law. As these technology developments redefine our relationship with the skies above, the need for robust and forward-thinking legal frameworks becomes increasingly urgent to ensure safe, equitable, and sustainable use of airspace. Similarly, space, once the exclusive realm of governmental agencies, is now a vibrant theatre of commercial opportunities, with private companies leading the charge in space travel and exploration. This new era is marked by rapid technological innovation, from reusable rockets to advanced satellite constellations offering global connectivity, signalling a shift towards more accessible and economically driven space ventures. These developments, from asteroid mining to lunar tourism, suggest vast commercial potential. But they also bring to the fore crucial questions of international law and space governance. Amid this rapidly evolving commercial landscape, technology means that air and space domains are increasingly converging.

The official conference website may be accessed here.

This story was first published on 1 August 2024 on NUS News. Click here for more NUS News stories.