To see the other types of publications on this topic, follow the link: Keywords: international outer space law.
Journal articles on the topic 'Keywords: international outer space law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Keywords: international outer space law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Bulgakova, Daria. "INTERNATIONAL LAW ON SPACE TOURISM IMPLEMENTATION." Legal horizons 33, no. 20 (2020): 119–27. http://dx.doi.org/10.21272/legalhorizons.2029.i20.p119.
Full textAbstract:
As space tourism-related technology breakthrough, the outlook of mining activities having in space moves spacious to be a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to the space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition the states the freedom to explore and using space, but at the same time do not consider the national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying, the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applied as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for the further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research shows that US has national law instrument for US enforcement in the space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space-related legislation regime would let for a space journey to develop but not in the path the text of former domestic laws proposes. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting the law necessary to provide properly advanced international legal acts on flights to space with tourists on a spacecraft. Since space tourism may affect international law. The findings indicate that social awareness due to geographical indicators could improve the current situation in the legal regulation of space tourism at risk of international law gap. What is now needed is a cross-national international law study involving law researchers on the space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when the international lawmaker community able to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned with mining outer space goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be an advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation because at the international level there is no adoption of any specific acts in this area. In order for space tourism to open-up effect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states in an individual way, or through a private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fairly bring individual profits, but betters of humanity. Keywords: international law, space tourism, outer of space, commercialization of space, private space flights, International Treaty.
2
Saari, Che Zuhaida. "FAKTOR PERKEMBANGAN UNDANG-UNDANG ANGKASA LEPAS ANTARABANGSA: SATU ANALISA PERUNDANGAN (Malay)." Malaysian Journal of Syariah and Law 3 (July 10, 2017): 1–13. http://dx.doi.org/10.33102/mjsl.vol3no1.5.
Full textAbstract:
Recently, the need for the development of outer space law has become one of the main topics of discussion at the international level. It has been considered as a significant effort in ensuring that the law is corresponding with the evolution of space technology. These developments are largely driven by several factors that contribute to their sustainability. This article aims to discuss these factors and how they contribute to the development of international outer space. It is a library research that analysed data from authoritative sources in the field of space law. The article demonstrates that this development generally driven by three main factors: (1) the evolution of the early writings of the law of outer space; (2) the role and involvement of the United Nations; and (3) the institutional space law and social organization. In fact, the development of the international outer space law will not achieve the current level without the contribution of these factors. 
 Keywords: law of outer space, development factors, United Nations Committee on the Peaceful Uses of Outer Space.
 ABSTRAK
 Sejak mutakhir ini, keperluan kepada perkembangan undang-undang angkasa lepas telah menjadi antara topik utama perbincangan di peringkat antarabangsa. Malah ianya dianggap satu usaha penting dalam memastikan undang-undang ini selari dengan perkembangan teknologi angkasa. Perkembangan ini umumnya didorong oleh beberapa faktor yang menyumbang kepada kesinambungannya. Artikel ini bertujuan untuk membincangkan faktor-faktor tersebut dan bagaimana ia menyumbang kepada perkembangan undang-undang angkasa antarabangsa. Ia berupa kajian perpustakaan yang menganalisis data-data dari sumber kajian yang berautoriti dalam bidang perundangan angkasa. Hasil dapatan menunjukkan bahawa perkembangan ini umumnya didorong oleh 3 faktor utama iaitu: (1) evolusi penulisan awal undang-undang angkasa lepas; (2) peranan dan penglibatan pertubuhan Bangsa-bangsa Bersatu; dan (3) institusi undang-undang angkasa lepas dan organisasi sosial. Perkembangan undang-undang angkasa lepas antarabangsa tidak akan mencapai tahap sekarang tanpa sumbangan daripada faktor-faktor ini. Perkembangan ini mestilah dipergiatkan lagi demi menghadapi pelbagai cabaran baru di masa hadapan.
 Kata kunci: undang-undang angkasa lepas, faktor perkembangan, Jawatankuasa Penggunaan Angkasa Lepas Secara Aman Pertubuhan Bangsa-bangsa Bersatu
3
Abegunde, Babalola. "Edit TABLE OF CONTENTS Download the entire issue (PDF) Front Pages i-viii The Management of the Coronavirus Emergency by the Italian Government and the Relationship between State and Regions Gloria Marchetti 129 The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law Isaac O. C. Igwe 149 Regional Cooperation and State Sovereignty." ATHENS JOURNAL OF LAW 7, no. 2 (2021): 169–88. http://dx.doi.org/10.30958/ajl.7-2-3.
Full textAbstract:
Bearing in mind that international cooperation and solidarity are fundamental principles underlying the endeavour of international law, reflected in General Assembly Resolution 2625 (XXV) which affirms the duty of states to cooperate with one another in accordance with the Charter, as well as international agreements, such as the United Nations Convention on the Law of the Sea, the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies, and the Antarctic Treaty which reflect and address global concerns. This paper is a desk-based (non-empirical) research which examines the impacts and implications as well as theories of regional integration or cooperation on the member state’s sovereignty, among others. It reveals regional cooperation has both the upside and downside. It concludes that regional cooperation is global trend; it will have different effects in different regions and development issues. Keywords: Obstacles; Impacts State Cooperation; Regionalism; Rational; Supranationalism; State Integration; State Sovereignty.
4
Sari, Alya Azalia Permata. "Legalitas Kepemilikan Atas Hasil Penambangan Asteroid di Ruang Angkasa Berdasarkan Pengaturan Hukum Internasional." Jurist-Diction 6, no. 1 (2023): 21–48. http://dx.doi.org/10.20473/jd.v6i1.43522.
Full textAbstract:
Abstract Asteroid mining is a proposed solution for mining the elements commonly obtained from conventional mining that we know today. However, there are no Indonesian laws and regulations, nor international agreements that directly regulate what rights will be owned by miners of space resources thus far. Without certainty about what property rights exist in the extracted resource, the incentive to extract this resource will be greatly reduced. The research method in this journal uses a statutory approach, that examines the regulations related to the legal issues raised, and conceptual approach, which is an approach method based on legal concepts related to the legal issues involved. at issue. Based on the facts found, it can be concluded that the concept of property rights exists and is recognized in the space law regime, even in the absence of territorial rights over celestial bodies, although its application to resource extraction remains a contentious issue. Keywords: Mining, Asteroid, Property Rights, Outer Space. Abstrak Penambangan asteroid adalah solusi yang diusulkan untuk menambang elemen-elemen yang biasa didapatkan dari penambangan konvensional yang kita kenal saat ini. Namun sampai saat ini belum ada peraturan perundang-undangan Indonesia, maupun perjanjian internasional yang secara langsung mengatur mengenai hak apa yang akan dimiliki oleh penambang sumber daya ruang angkasa. Tanpa kepastian tentang hak milik apa yang ada dalam sumber daya yang diekstraksi, insentif untuk mengekstraksi sumber daya ini akan sangat berkurang. Metode penelitian dalam jurnal ini menggunakan pendekatan perundang-undangan, menelaah peraturan perundang-undangan yang bersangkutan dengan isu hukum yang diangkat, dan pendekatan konseptual, yaitu metode pendekatan berdasarkan konsep-konsep hukum yang berkaitan dengan isu hukum yang dipermasalahkan. Berdasarkan fakta-fakta yang ditemukan, dapat disimpulkan bahwa konsep atas hak milik ada dan diakui dalam rezim hukum luar angkasa, bahkan tanpa adanya hak teritorial atas benda-benda angkasa, meskipun penerapannya pada ekstraksi sumber daya tetap menjadi isu yang diperdebatkan. Kata Kunci: Penambangan, Asteroid, Kepemilikan, Ruang Angkasa.
5
Christol, Carl Q. "International outer space law." Space Policy 3, no. 1 (1987): 65–71. http://dx.doi.org/10.1016/0265-9646(87)90128-7.
Full text
6
Krivokapich, Boris. "Outer space law." Juridical Analytical Journal 15, no. 2 (2021): 17–35. http://dx.doi.org/10.18287/1810-4088-2020-15-2-17-35.
Full textAbstract:
Given that sudden breakthroughs in conquering the cosmos are expected, some basic questions about the law governing relations in respect to outer space and in it can be expected to be triggered, starting already with the issue how one has to call that law and what is its real content. The first part of the paper deals with the naming of this branch of law and concludes that for the time being the term outer space law is the best and widely accepted. In the second part, the author states that many scientific papers and even official documents, do not define outer space law at all. There are even opinions that the outer space is a phenomenon which cannot be defined at all, suggesting that it is not possible to define a cosmic right either. The author considers that a distinction should be made between national space law of states and international space law (space law in the narrow sense a branch of international law containing legal rules governing relations in respect to the space and in the space, and in particular the regime of that space and celestial bodies it contains, exploration and exploitation of the space, the regime of navigation in the space, the legal position of the astronauts and space objects, international legal liability for damage caused by space activities, etc.). When so is clearly stated, one can also speak of space law in a broad sense, which, in addition to the norms of space law in the narrow sense, would include norms that are part of soft law, agreements and legal customs between states and non-state entities, and even at some point so-called. metalaw (law that may one day govern relations between humanity and creatures of other worlds).
7
Danilenko, Gennady M. "International law-making for outer space." Space Policy 37 (August 2016): 179–83. http://dx.doi.org/10.1016/j.spacepol.2016.12.002.
Full text
8
Danilenko, Gennady M. "International law-making for outer space." Space Policy 5, no. 4 (1989): 321–29. http://dx.doi.org/10.1016/0265-9646(89)90052-0.
Full text
9
POPOVA, O. A. "PRINCIPLE OF INTERNATIONAL COOPERATION IN MODERN INTERNATIONAL SPACE LAW." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 14, 2021): 159–71. http://dx.doi.org/10.17803/2311-5998.2020.76.12.159-171.
Full textAbstract:
The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.
10
Mainura, Tunku Intan. "Outer Space Law in Retrospect." International Journal of Social Sciences and Humanities Invention 5, no. 5 (2018): 4661–71. http://dx.doi.org/10.18535/ijsshi/v5i5.04.
Full textAbstract:
The purpose of this article is to analyse the literature concerning legal framework for outer space activities by states. Review was conducted on the elements of national space law, including literature critiquing particular strengths or weaknesses of existing laws and literature, on the obligations placed on States under international law and on why writers make particular recommendations as to the content of legislation. The article will summarise the key elements one would anticipate finding in the outer space regulatory framework and which will form the structure of the analytical framework when considering how States implement international space law in practice.
11
Abdullatif, Abdullah, Jamal Barafi, Salam Al Kasem, and Suhaib H. Anagreh. "Safety Zones in Outer Space." International Community Law Review 27, no. 3 (2025): 254–81. https://doi.org/10.1163/18719732-bja10135.
Full textAbstract:
Abstract Safety zones under international space law are a relatively new concept, first formally introduced by the Hague Working Group in 2019, and the idea of safety zones was reintroduced under the 2020 Artemis Accords. Safety zones raise concerns about how they will be implemented, their implications, and their compliance with the general principles of international space law. This article reviews the applications of safety zones in international law and examines the possibility of finding a legal basis for safety zones in the Outer Space Treaty. This article examines the possibility of safety zones, as a subsequent practice of States, being a means of interpreting the Outer Space Treaty and implementing Article IX of the Outer Space Treaty, and argues that establishing safety zones in outer space does not necessarily violate international space law if the necessary standards are observed.
12
Idrovo Romo, Juan Felipe. "Armed Conflicts in Outer Space." USFQ Law Review 7, no. 1 (2020): 335–57. http://dx.doi.org/10.18272/ulr.v7i1.1737.
Full textAbstract:
The paper critically explores those scenarios (hypothetical, but probable) in which armed conflicts take place in outer space. First, the problem regarding the definition and delimitation of outer space will be analyzed. In this regard, the reasons why there is no consensus among the States, and even within the scientific community, will be explained. Subsequently, the relevant branches (for the topic) of Public International Law will be introduced (International Space Law, International Humanitarian Law, and Ius ad Bellum) and their key regulations will be identified. At this point, the main reasons why International Humanitarian Law shall be applied in the event that an armed conflict develops in outer space will be explained taking into account PIL formal and auxiliary sources. Likewise, specific challenges, that result from the application of International Humanitarian Law in outer space, will be exposed and analyzed. These challenges include: (i) attacks on dual-use objects; (ii) the obligations of the parties to the conflict when there is human direct or physical participation; and (iii) the applicable regulations for the development and use of new weapons. For each problem raised, possible solutions based on the rules and principles of current law will be provided. Finally, the need for the eventual creation of a specific treaty to regulate the matter will be emphasized, in view of the unique nature of this type of conflict.
13
Popova, Olesya Andreevna. "National appropriation of natural resources in the international space law." Международное право и международные организации / International Law and International Organizations, no. 1 (January 2021): 46–59. http://dx.doi.org/10.7256/2454-0633.2021.1.35099.
Full textAbstract:
This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.
14
Hosseini, Seyed Mohammad, Fatemeh Fathpour, and Subhrajit Chanda. "Space Debris Mitigation: Some Lessons from International Environmental Law." Environmental Policy and Law 51, no. 6 (2021): 391–401. http://dx.doi.org/10.3233/epl-210015.
Full textAbstract:
The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth.
15
Mahir, Al Banna. "Soft Law to Regulate Outer SpaceActivities?" Multicultural Education 7, no. 6 (2021): 77. https://doi.org/10.5281/zenodo.4902210.
Full textAbstract:
<em>The debris-generation Chinese ASAT test in 2007 and the growing threat posed by orbital space debris prompted the international community to reexamine the existing international and administrative framework that regulates military and civilian activities in outer space. This framework is founded on two sets of authorities: “hard law” and “soft law”. The hard law space regime consists of legally binding rules, derived from multilateral treaties, such as the Outer Space Treaty, the rescue Agreement, the Liability Convention, the Registration Convention, and the Moon Treaty) and the body of customary international law. But the international community composed of sovereign States could not easily reach new legally binding instruments to govern space activities. That is the reason a variety of non-binding soft law norms have been introduced for these activities.</em>
16
Ahmad, Shakeel. "India’s Anti-Satellite Test: from the Perspective of International Space Law and the Law of Armed Conflict." International Criminal Law Review 21, no. 2 (2021): 342–66. http://dx.doi.org/10.1163/15718123-bja10046.
Full textAbstract:
Abstract To enhance their strategic position, some spacefaring States are engaged in exploiting legal lacunae of international space treaties. Consequently, there is an increase of militarization of outer space. As an instance of such activities, an anti-satellite (asat) test by India represents a strategic move to enhance its deterrence capability rather than earnestly adhering to international space law. Such actions can potentially increase the element of uncertainty in international law, particularly the international space law. The pursuit of military strategic interests in space has increased the possibility of an arms race in space. This article argues that asat tests not only violate certain principles of international law but also undermine the efforts for arms control and disarmament in the outer space. In this regard, an effective role of the international community is required to curb the arms race imperative for a safe and sustainable outer space environment.
17
Polkowska, Małgorzata. "INTERNATIONAL SECURITY AND OUTER SPACE – TODAY’S LAW CHALLENGES." Studia Iuridica, no. 97 (September 20, 2023): 126–42. http://dx.doi.org/10.31338/2544-3135.si.2023-97.8.
Full textAbstract:
Space security means safe and permanent access to space and limiting threats coming from there. This definition also includes the security aspects of man-made devices sent into space and of ground stations. Space infrastructure can be described as a network of space and ground systems connected by communication channels and allowing access to space. Today, the largest space powers have begun to consider space as an operational domain of warfare. Space more and more often appears to be a field for competition, which might become an arena of conflict. The aim of this article is to present today’s many law challenges to the security of space infrastructure, such as unintentional threats (space debris, geomagnetic and solar storms, and other random disturbances), intentional threats (ASAT anti-satellite weapons, malicious interference, and cyber-attacks), the growing problems of Earth orbit congestion, and the increasing amount of space debris from devices launched into space. The article also presents the role of international organizations (such as the UN Committee on the Peaceful Uses of Outer space) in making laws that are intended to observe and react to all changes necessary in the outer space environment and to be proactive to help outer space to be safe and secure for all mankind. The conclusion is, however, not optimistic. Space security is a sensitive issue, mainly during conflicts or wars. States are not inclined to bind themselves by international law in this matter. Thus, due to the absence of hard international law (treaties), bilateral and multilateral agreements as well as the best practices from countries that organize space flights must apply. Space monitoring systems, such as the Situational Awareness System (SSA), the code of conduct in space, the UN Long Term Sustainability, or the space Traffic Management rules are legal tools to manage the above challenges in space today.
18
Navalgund, Rutwik. "Reduce, Reuse and Recycle: An Environmental Law Approach to Long-term Sustainability of Outer Space." Air and Space Law 45, Issue 3 (2020): 285–308. http://dx.doi.org/10.54648/aila2020040.
Full textAbstract:
The article conceptualizes the existing international environmental law principles to better understand their applicability to outer space. The article proposes utilizing existing international environmental legal principles to implement the idea of waste hierarchy concept of ‘Reduce, Reuse and Recycle’ to address issues concerning long-term sustainability of outer space. The primary focus is on issues pertaining to transfer of ownership, on-obit servicing, and active debris removal and how they can be used to achieve the sustainable development goals of outer space through the waste hierarchy concept. The article ultimately suggests that existing international environmental law and space law together can ensure an efficient framework to help cope with issues threatening the sustainable use of outer space. The article works towards understanding the importance of bridging the gaps in the existing international space law regime with respect to long-term sustainability of outer space. Space Sustainability, Environmental Law, Transfer of Ownership, On-Orbit Servicing, Active Debris Removal
19
van de Put, Steven, and Anne-Rixt E. Siemensma. "A giant leap for humankind: bridging space law and international humanitarian law*." Military Law and the Law of War Review 62, no. 1 (2024): 31–57. http://dx.doi.org/10.4337/mllwr.2024.01.02.
Full textAbstract:
As more parties have started to recognize the military potential of outer space, the idea of an armed conflict in outer space has become more than a theoretical possibility. Several states have conducted tests with anti-satellite weapons, NATO has officially recognized space as a military domain, and several states have started to develop specific military space capabilities. Such developments have also highlighted the consideration for a relevant legal framework for the conduct of hostilities in outer space. As a starting point, the conduct of hostilities would be governed by international humanitarian law concerning the substantive actions of parties when engaged in armed conflict. However, the specific location of these hostilities also leads to the relevance of space law, consisting of the particular obligations states have agreed upon for all conduct in outer space. Relying upon these two bodies of law, this article explores how international law might govern many of these activities. In doing so, this article aims to challenge the traditionally advanced lex specialis argument. It does so by arguing that, unlike what is typically assumed, space law does not necessarily present a conflict with international humanitarian law. Progressing from this central thesis, it advances the notion that this relationship might be best considered through systematic integration. Ultimately, it is argued that only in this way can the specific nature of the space domain be offered the required legal protection.
20
Shinkaretskaia, Galina G. "INTERNATIONAL SPACE LAW AND LEGAL ENTITIES." Proceedings of the Institute of State and Law of the RAS 15, no. 1 (2020): 59–80. http://dx.doi.org/10.35427/2073-4522-2020-15-1-shinkaretskaya.
Full textAbstract:
From the very beginning of the space activity in the middle of the XX cen tury the whole of it was considered mostly from the point of view of the military use of outer space. The only subjects of the space activity were states. All legal regulation of the activity was formatted by states. Both responsibility and liability for all activity were laid down upon states whoever was busy with the activity. Over time as technology advanced the outer space has become a place of the so calledactionoriented kinds of the use of the space. These are tele- and radio emission; the access to the Web; collection of meteorological and ecological data; communication and traffic, as well as remote sensing of the surface of the Earth and its subsoil. Practically all action-oriented kinds of the use of the space are made by means of the artificial satellites, the number of these active in the space is now estimated as about 2000. The space activity turned out to be quite profitable, so that it became an object of big investments. Naturally significant capitals of private business began to flow into outer space. Multinational corporations got interested in the space activity as well. Lately private companies began to pay attention to comets and asteroids since real technical opportunities appeared to develop their natural resources. A peculiar feature of these celestial bodies is, that some minerals are there quite pure so that the development might be much more profitable than on the Earth. But the consequences of the development are vague. The main document of the space law, the Treaty on the principals of space activity 1967 fully forbids national appropriation of space and celestial bodies.
21
Louis Haeck, Major. "DISARMAMENT LAW AND INTERNATIONAL ORDER IN OUTER SPACE." Military Law and the Law of War Review 36, no. 3-4 (1997): 116–57. http://dx.doi.org/10.4337/mllwr.1997.3-4.04.
Full text
22
Tjandra, Jonathan. "The Fragmentation of Property Rights in the Law of Outer Space." Air and Space Law 46, Issue 3 (2021): 373–94. http://dx.doi.org/10.54648/aila2021021.
Full textAbstract:
Neither customary international law nor existing outer space treaties provide clear answers as to whether property rights can exist in outer space. In this Article, I will argue that under international law, there exists a fragmented system of property rights, namely, a right to use outer space with a limited right of exclusion. This interpretation is supported by an analysis of Roman private law and common law philosophical theories of property. However, I argue that this fragmented system of property rights is insufficient to deal with the problems of scarcity and unequal distribution of technology that arise from the unique context of outer space. Space law, property rights, Roman law, territorial sovereignty, national appropriation
23
Disantara, Fradhana Putra. "The Development of Space Law: Applying the Principles of Space Law and Interpreting ‘Peaceful Purposes’ in the Outer Space Treaty 1967." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 1 (2021): 69–84. http://dx.doi.org/10.24090/volksgeist.v4i1.4352.
Full textAbstract:
This study analyzes the relevance of the proportionality, non-intervention, and unnecessary suffering principle's in the outer space perspective; and analyzes the 'peaceful purposes' at Outer Space Treaty 1967. This legal research uses primary and secondary legal materials to obtain an appropriate analysis of legal issues. This research states that the principles of international law must be applied in space activities by outer space actors. Furthermore, the ambiguity of the phrase 'peaceful purpose' in the Outer Space Treaty gives rise to different interpretations by each state. For this reason, a convention on outer space is needed to affirm the orientation of 'peace' in space activities. In the title, you focus on peaceful purposes meaning, but in this abstract, you extend it to the broader focus.
24
Yusliwidaka, Arnanda, Kholis Roisah, and Joko Setiyono. "The implementation of state's rights and obligations in outer space: is it equal?" Legality : Jurnal Ilmiah Hukum 32, no. 2 (2024): 418–32. http://dx.doi.org/10.22219/ljih.v32i2.35312.
Full textAbstract:
The provisions of Outer Space Law govern a state's activities in outer space. The implementation of such activities needs advanced technology, which limits the ability of many countries to explore and exploit outer space. Data indicates that developed nations dominate outer space management, leaving countries without access to sophisticated technology unable to participate fully in space exploration and exploitation. This dominance triggers disparity between developed and developing countries, leading to unequal application of rights and obligations as outlined in Outer Space Law. While the law promotes international collaboration to address this issue, it does not explicitly require developed countries to involve developing nations in outer space activities. This study aims to refine the concept of international collaboration to ensure fair management and exploitation of outer space by all countries. This study is normative in nature, focusing on evolving the concept of international collaboration in outer space. Primary and secondary legal materials and non-legal sources were used as secondary data collected through a literature review and analysed qualitatively. The developed concept emphasises international cooperation and mutual assistance, proposing a framework for collaboration between developed and developing countries. This concept seeks to ensure equitable management of outer space. It reshapes the rights and obligations of states by encouraging all launching states to involve developing countries in space exploration and exploitation.
25
Masson-Zwaan, Tanja. "Combating COVID-19: The Role of Space Law and Technology." Air and Space Law 45, Special issue (2020): 39–59. http://dx.doi.org/10.54648/aila2020048.
Full textAbstract:
This article looks at the relevance of space law and technology, especially the use of satellites for Earth observation, navigation and communication, in the fight against Coronavirus Disease- 2019 (COVID-19). After an indication of what various international space law instruments say about the use of outer space in this context, it provides an overview of developments and initiatives in the context of the United Nations and other relevant international, regional and national organizations and institutions, as well as the private space sector. It will demonstrate that space law and technology can greatly contribute to the fight against a pandemic such as COVID-19, by applying the advanced technological capabilities of space applications in the spirit of the concepts prescribed by international space law, such as mutual assistance, international cooperation and the benefit of all countries. history of outer space and pandemics, outer space and COVID-19, UNCOPUOS, UNSPIDER, Space4Health
26
Persad-Ford, Avin. "Houston, We Have a Problem - Jurisdictional Issues of Criminal Law in Outer Space." LSE Law Review 8, no. 1 (2022): 1–36. http://dx.doi.org/10.61315/lselr.384.
Full textAbstract:
This paper argues that the current means of prescribing criminal jurisdiction in outer space are inadequate. The Outer Space Treaty and Intergovernmental Agreement – the main international law instruments that prescribe criminal jurisdiction in outer space - fail to account for many potentially common scenarios in outer space. It would also be impractical to fully transplant the means of prescribing criminal jurisdiction on Earth to apply in outer space too. This paper argues that, although it is customary international law to not have a hierarchy of prescriptive criminal jurisdictions on Earth, the best approach for outer space would be to amend Article VIII of the Outer Space Treaty to allow for a hierarchy of prescriptive criminal jurisdictions there. In descending order of priority, the jurisdictions should be based on territoriality, active nationality, passive personality, universality, and protectivity. Such a hierarchy would respect the underlying principles governing human activity in outer space, while providing greater certainty to countries about whose criminal laws apply under which scenarios in outer space than the current regime provides for.
27
Kułaga, Łukasz. "IMPLEMENTATION OF SOFT LAW RELATING TO OUTER SPACE INTO DOMESTIC LAW." Studia Iuridica, no. 97 (September 20, 2023): 26–37. http://dx.doi.org/10.31338/2544-3135.si.2023-97.2.
Full textAbstract:
Space law is clearly oriented towards creation of soft law instruments and their subsequent implementation directly into national law. However, it is not an ideal method for regulating the peaceful use of outer space. At least a few problematic issues should be noted. Firstly, the lack of scrutiny by parliaments with regard to soft law standards accepted by States. Secondly, the multiplicity of soft law documents on the same subject matter – especially in the case of space debris (IADC, UN, ISO or ESA), which may not be fully identical. Thirdly, developments in space technology mean that existing soft law standards may nevertheless be outdated in practice. Fourthly, the creation of new soft law is not always a quick process. However, implementation of international soft law relating to outer space into domestic law ensures that international norms are binding under national law. It thus strives to guarantee both the development and the effectiveness of international space law, despite the absence of new treaty regulations.
28
Hurwitz, Bruce A. "Israel and the Law of Outer Space." Israel Law Review 22, no. 4 (1988): 457–66. http://dx.doi.org/10.1017/s0021223700009432.
Full textAbstract:
With the launching of Israel's first satellite, Offeq–1, on September 19, 1988, Israel's commitments in international space law came into practical effect. Specifically, Israel is bound through ratification to the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space; and the 1972 Convention on International Liability for Damage Caused by Space Objects. Two additional treaties, the 1975 Convention on Registration of Objects Launched Into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, have yet to be signed or ratified by Israel.
29
Larsen, Paul B. "Back to the Future: Outer Space Policy Review of the Past for Clues to the Future." Journal of Air Law and Commerce 89, no. 3 (2024): 355. http://dx.doi.org/10.25172/jalc.89.3.2.
Full textAbstract:
Sixty years later, Professor Paul B. Larsen revisits and discusses seven outer space legal issues identified by early space law experts and their current impacts on space policy. The first section addresses the ambiguous boundary of the non-sovereign outer space legal regime which, increasingly causes states to claim control of non-sovereign outer space. Second, Larsen analyzes how the lack of outer space regulation by an international agency like the International Civil Aviation Organization has encouraged states to seek to control outer space unilaterally. Third, although the original aim of space law experts was for outer space to be free for exploration and use by all states, increasingly, outer space is being controlled by competing groups of states. Fourth, outer space was originally dedicated to peaceful use with minimal allowance for the military uses then in effect, but now military uses are voluminous and growing, with conflicts possible in the near future. Fifth, all persons in outer space were originally military acting as envoys of mankind to be rescued in the event of accidents. However, the sixth section explores how persons in outer space are increasingly now employed by competing non-governmental operators or perform military functions, not acting as envoys of mankind. Lastly, the adoption of a private international law convention on liability might require non-governmental operators to obtain adequate insurance coverage to reimburse for conjunctions, as a condition for permission to enter outer space.
30
Selman Ayetey, Julia. "Non-Compliance Procedures: A Proactive Approach to Dispute Avoidance in International Space Law." Air and Space Law 45, Issue 4/5 (2020): 457–78. http://dx.doi.org/10.54648/aila2020062.
Full textAbstract:
Conflicting interests of state and non-state space actors will likely lead to a myriad of legal disputes. In turn this could intensify the militarization of space and have a destabilizing effect on international security, the New Space industry and the environmental protection of Earth and outer space. It is therefore vital that boundaries set by the UN Space Treaties are respected. Unfortunately, international space law makes no provision for non-compliance procedures (NCPs). The purpose of this article is to advocate for the integration of non-compliance procedures within international space law. Following the introduction, this article provides a brief background on the concepts of compliance and non-compliance and using examples from international environmental law, NCPs are explained. It then examines several dynamics of the New Space industry which call for the implementation of NCPs. The subsequent section critically analyses benefits and challenges likely to arise from the use of NCPs in international space law. The article concludes by suggesting that the implementation of NCPs would contribute to a proactive, holistic and effective mechanism to better protect the legal boundaries likely to be challenged by modern uses of outer space. international law, outer space, international space law, compliance, dispute avoidance, non-compliance procedures, non-state actors, proactive approach
31
Radzhabova, Rukhshona Sh. "The Issue of International Legal Regulation of the Exploiting Natural Resources in Outer Spaceon the Basis of International Law." Theoretical and Applied Law, no. 2 (June 7, 2021): 53–60. https://doi.org/10.22394/2686-7834-2021-2-53-60.
Full textAbstract:
The article analyzes the problem of international legal regulation of the exploiting natural resources in outer space. Special attention is paid to innovative proposals to amend current legislation offered by ague Space Resources Governance Working Group and Space Generation Advisory Council. The need to establish a distinction between the legal regimes of celestial bodies and resources of outer space is emphasized. Arising from the research, a conclusion about the need to update the existing rules of international space law and concretize the concepts such as celestial bodies, space resources, common heritage of mankind and use of outer space is formulated.
32
Kurlekar, Arthad. "Space The Final Frontier: Analysing Challenges of Dispute Resolution Relating to Outer Space." Journal of International Arbitration 33, Issue 4 (2016): 379–415. http://dx.doi.org/10.54648/joia2016023.
Full textAbstract:
The development of outer space law at an international level has arguably stagnated after the Moon Agreement in 1979. With the rise in private space activities from the end of the twentieth century, a robust framework for dispute resolution has become an increasingly vital necessity in the space law regime. Scholars have theorized several schemes for settlement of disputes such as consultative alternative dispute resolution, a tribunal for the settlement of space law disputes, a multi-door courthouse and so on, but very few concepts have transformed into operable mechanisms. In space law at the international level, diplomatic consultation, claims commission under the Liability Convention, the International Court of Justice and, in support of arbitration, the rules of the Permanent Court of Arbitration for the Settlement of Disputes relating to Outer Space 2012 remain the only existing viable mechanisms. The article evaluates all these forums for dispute settlement to demonstrate their inadequacies. Thereafter, having identified its long-term limitations, the article seeks to justify a multi-tiered arbitration clause as an effective means of settlement of disputes relating to outer space.
33
Aggarwal, Ambika, and Anindya Sircar. "The Hitchhiker’s Guide to Outer Space Patents." Air and Space Law 48, Issue 6 (2023): 559–80. http://dx.doi.org/10.54648/aila2023065.
Full textAbstract:
Investment in space technologies has predominantly been a prerogative of the public sector. Now increasing privatization and commercialization of space markets is creating opportunities to develop new space applications. The potential to commercially leverage intellectual property is a motivating factor behind this private financing and plays a key role in helping private companies secure returns on investment. International space law treaties remain silent on the notion of intellectual property and intellectual property treaties lay heavy emphasis on territorial application of patent law, thereby creating a theoretical disconnect. Legal machinery drafted for activities on board the International Space Station (ISS) and the US Patents in Space Act serve as good starting points in bridging the gap between patents and space law by advancing the concept of quasi-territoriality. However, in doing so, they expose the space-patent market to possibilities of forum shopping, flags of convenience and race to the bottom scenarios. Lack of a reliable legal regime to address issues of patent infringement can negatively influence the future development of the space sector. The resolution to this problem is a new international legal framework that establishes uniform conditions for enforcement of space-based patents. outer space, patents, space commercialization, extra-terrestrial jurisdiction
34
Athar ud din. "India’s Quest for a National Space Law and the Missing Piece of Possessory Rights." India Quarterly: A Journal of International Affairs 77, no. 4 (2021): 642–60. http://dx.doi.org/10.1177/09749284211047709.
Full textAbstract:
As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding the commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.
35
Żebrowski, Andrzej. "Militarisation of outer space – selected problems." Reality of Politics 3, no. 1 (2012): 288–310. http://dx.doi.org/10.15804/rop201218.
Full textAbstract:
This article aims at indicating a significant problem from the point of view of international security, i.e. militarisation of outer space and the ongoing race for domination with the participation of the United States, the Russian Federation, China and India. The ongoing development of military resources in the outer space and the existing gaps in the international law regulations concerning space law result in the fact that the concept of the cosmic theatre of war is gradually realised. One of the biggest challenges that are contemporarily faced by the international security is the proliferation of missile technology, especially in those countries that are seeking to obtain a favourable regional geopolitical position or aspiring to become supra-regional leaders. Missile defence system consists of four inter-related and complementary elements: land, sea, air and outer space.
36
Ahmad, Shakeel, Fozia Naseem, and Ahsan Riaz. "Fragmented International Law and Uncertainties Related to Dual Use Space Technology." Global Legal Studies Review VII, no. II (2022): 81–87. http://dx.doi.org/10.31703/glsr.2022(vii-ii).10.
Full textAbstract:
If an attack is ever carried out on an outer space object, it will require the relevant international law to be referenced. This includes the laws concerning international humanitarian law, international space law, and general international law. However, present legal frameworks are insufficient to provide a clear answer to which outer space may be utilized for military purposes. In this context, the advancement of space with dual applications presents a more complex situation for the application of laws. Attacks on the ground-based space systems or strikes on space-based assets are not fully covered by either international law or the IHL. The potential responses of the current legal frameworks to dealing with space weapons and dual-use technology are limited. This paper aims to explore how international law deals with the use of force in space. It focuses on the limited scope of the law dealing with dual-use technologies and space weapons.
37
PALIOURAS, ZACHOS A. "The Non-Appropriation Principle: The Grundnorm of International Space Law." Leiden Journal of International Law 27, no. 1 (2014): 37–54. http://dx.doi.org/10.1017/s0922156513000630.
Full textAbstract:
AbstractThis article discusses the normative essence of the principle of non-appropriation in outer space as envisaged in Article II of the Outer Space Treaty, as well as its standing under customary international law. The analysis is structured with reference to the general public international law framework that governs the acquisition of territory by states, following the territorially based paradigm still prevalent in international law theory in stressing that the non-appropriation principle is indeed a norm of most increased significance within the corpus juris spatialis, i.e. the Grundnorm of international space law.
38
Popova, O. A. "International Legal Regulation of the Use of Outer Space for Peaceful Purposes: Basic Concepts." Actual Problems of Russian Law 15, no. 7 (2020): 129–44. http://dx.doi.org/10.17803/1994-1471.2020.116.7.129-144.
Full textAbstract:
The paper examines the problem of the militarization of outer space, the relevance of which has significantly increased in recent years in connection with the termination of a number of important international treaties in the field of arms reduction. The problem is aggravated by the absence of a complete ban on the placement of weapons in outer space in international treaties. The paper analyzes the norms of international space law, the norms of the 1959 Antarctic Treaty, doctrinal approaches to determining the use of outer space for peaceful purposes. The author concludes that the terms “peaceful use” and “use exclusively for peaceful purposes” in relation to outer space have different meaningful boundaries: the first reflects an interest in peaceful uses (non-military) without establishing a complete ban on the use of outer space for military purposes, the second excludes any purpose other than peaceful. In order to exclude the use of outer space for military purposes the author proposes to use the second term. The use of military means for peaceful purposes is permitted in international law; therefore, it is proposed to establish the legal limits of such use in outer space, clearly defining the prohibited activities. The author notes that at present the principle of the use of outer space for peaceful purposes is a guideline reflecting the desire of the international community to prevent the use of outer space for military purposes.
39
Semenchuk, M. R. "The formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979)." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 702–7. http://dx.doi.org/10.24144/2788-6018.2023.06.121.
Full textAbstract:
This research article explores the issue of the formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979). The historical prerequisites and main provisions of key international treaties related to this issue are analyzed. The gradual formation of key agreements in the context of political confrontation and mistrust between the leading space powers, which is considered in the research, was an important step in limiting and containing the arms race in outer space. The article also discusses the limitations and gaps of the main agreements of international space law and related agreements, which only partially regulate the military use of space and do not address new types of weapons and technologies that can be deployed or used in outer space for military purposes.
 The article suggests that one of the ways to strengthen the international legal framework for outer space demilitarization is the development of new international agreements that would prohibit the proliferation and use of such weapons and technologies in space, and that would protect outer space from aggressive military activities. Moreover, the article justifies the importance of the international legal regulation of the military use of outer space as a tool for preventing an arms race in outer space. It can include such issues as regulation of new types of weapons and their deployment that are not prohibited by main international agreements of international space law and ensuring the peaceful use of outer space.
 The article also presents an explanation concerning a concept of «weaponization of space», which is part of the military use of space. In this vein, it evokes the necessity of further strengthening of the international legal regulation of the discussed topic.
40
Yuzbashyan, M. R. "Topical Trends in Outer Space Cooperation/Competition and Perspectives on Space Law." Journal of Law and Administration 20, no. 1 (2024): 103–19. http://dx.doi.org/10.24833/2073-8420-2024-1-70-103-119.
Full textAbstract:
Introduction. Immanent in all history of space activities cooperation and/or competition are currently subject to significant changes. The most meaningful by impact on activity, its forms, subject content and other features, as well as on relevant international legal and national legal framework including perspectives on their development, are the two emerging international partnerships: China and Russia, primarily on the International Lunar Research Station, as well as with other cooperating states; and the United States with partners on the Artemis Program.Materials and methods. Materials – selected by criterion of fundamental impact on the ‘space law’ development examples of international legal and national legal acts underpinning one of the alternative competing international partnerships on the exploration of the Moon and deep space. Methodology includes analysis, synthesis, analogy, as well as combination of comparative law with systematic methods, and modelling with forecasting.Results. It is justified that: 1) it is reasonable to consider the combination of relevant current factors, trends, and processes (including political, economic, and technological) as the components of the branch-specific coordinate system; 2) timely identification of factors with significant impact on the industry development significantly reduces, or absolutely offsets the negative impact of transformational potential of cooperation/competition in outer space on the efficiency of the industry-related forecasting; 3) factors of fundamental impact on the development of the “space law” system are found in the international legal and national legal approaches behind the two alternative international partnerships; 4) the necessity to determine common basis for diverging legal (and other branch-specific) approaches is grounded on economic feasibility; 5) The conditions/criteria of determination of factors of fundamental impact on the system of ‘space law’ are developed; 6) The feasibility of consideration of the combination of challenging issues of space law as the components of the branch specific legal coordinate system is confirmed; 7) It is revealed that meeting priority issues leads to an updated actualization of other unsettled issues of diverse-level within the system of ‘space law’; It is justified that: 8) under actual trends actualization of branch-specific legal issues and their regulation is less dependent on relevant state’s technological potential and more on inclusion in global economic projects and political processes; 9) consideration of matches and differences under specific criteria between international legal and national legal approaches behind the two alternative international partnerships would bring forecasting on perspectives on ‘space law’ closer to real development.Discussion and conclusion. It is reasonable to consider as conceptual foundations for branch-specific risk management the creation of conditions (primarily of economic, technological and strategic character): for transformation of ‘common denominator’ of international legal and national legal approaches of the two international partnerships to the willingness of competing states to harmonize their positions on additional multilateral treaty regulation of issues subject to international space law; as well as for that competition leads to ‘balancing’ of commitment to international obligations, and inclusive development of diverse elements of the ‘space law’ system.
41
Vestner, T. "Prevention of an Arms Race in Outer Space: Multilateral Negotiations’ Effects on International Law." Moscow Journal of International Law, no. 2 (November 19, 2020): 6–21. http://dx.doi.org/10.24833/0869-0049-2020-2-6-21.
Full textAbstract:
INTRODUCTION. Outer space is an increasingly competitive environment. This raises incentives for states to place conventional weapons in outer space. The 1967 Outer Space Treaty (OST), the applicable legal regime, is silent on the legality of the placement of conventional weapons, however. Since the early 1980’s, the multilateral diplomatic process on the Prevention of an Arms Race in Outer Space (PAROS) aims to explicitly prohibit the weaponization of outer space by a new international treaty. Yet states have not agreed on such a weapons ban treaty so far. This article analyses the multilateral negotiations’ effects on the applicable international law, namely the legal gap (lacuna) in the OST regime.MATERIALS AND METHODS. This study analyzes treaty texts, UN General Assembly resolutions, treaty proposals, states’ working papers, states’ statements, and reports from international negotiations and meetings. Th analytical framework is the rules for treaty interpretation according to the Vienna Convention on the Law of Treaties (VCLT). Consistent with explanatory and theory–building research, the methods used are those of historical legal research as well as general scientific methods, such as analysis, synthesis, analogy, description, and deduction.RESEARCH RESULTS. This article identifi s three mechanisms by which the multilateral negotiations on PAROS clarify and inform international law regarding the weaponization of outer space. First, the negotiations led states to communicate their legal positions regarding the issue. This clarifies how states interpret the law. It also allows to assess whether the continuous state practice to not place kinetic weapons in outer space represents subsequent practice of the OST according to Article 31(2)(b) VCLT. Second, the PAROS process produced annual UN General Assembly resolutions that strengthened the principle of peaceful use of outer space and linked it with states’ general understanding that this implies limits to the weaponization of outer space. As such, this is relevant for the interpretation of the gap in light of the OST’s context and object and purpose according to Article 31(1) VCLT. Third, the negotiations have produced precise language on a prohibition of weaponization in the form of the draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force Against Outer Space Objects (PPWT), which enables the emergence of a prohibition under customary international law. For the interpretation of the OST’s gap, this would constitute “any relevant rules of international law” according to Article 31(3)(c) VCLT.DISCUSSION AND CONCLUSIONS. This article argues that the multilateral negotiations have broken the legal silence regarding the placement of conventional weapons in outer space. While the three mechanisms help to identify and clarify the law, they also influence the material substance of the law. The PA-ROS negotiations have not led the existing law to clearly prohibit the weaponization of outer space. Yet the negotiations have informed the law such that the existing law hardly authorizes such action. The result is that the issue is unequivocally regulated by international law, i.e. the OST’s gap is undoubtedly a legal gap. Yet the Lotus principle according to which what is not prohibited under international law is authorized falls short of the existing legal situation. This suggests that lex ferenda, the law in the making, has effects on lex lata. Multilateral negotiations – even deadlocked or failed ones – thus may be more than the making of future law but also the shaping of existing law. Accordingly, ongoing multilateral negotiations might be analyzed as supplementary means of treaty interpretation according to Article 32 VCLT. For policymakers, this suggests that negotiations may be used to influence the existing law, even if reaching agreement on a new treaty is not possible.
42
Ispolinov, Aleksei. "International space law of the era of the beginning of the business colonization of space." Meždunarodnoe pravosudie 10, no. 4 (2020): 22–44. http://dx.doi.org/10.21128/2226-2059-2020-4-22-44.
Full textAbstract:
Traditional approach to the activity in outer space as exclusive domain of few big space faring states through special governmental agencies as a sort of natural monopolies is rapidly placing by the prevailing view that such activity could be successfully and efficiently performed by private entities and fair competition between such players shall be allowed and is even desirable. Increasing participation of private capital in exploration of the resources of outer space is a persuasive confirmation of the emerging large-scale, self-sufficient economy of the New Space attractive for potential investors. Such economy requires sufficient level of legal certainty in a form of effective legal rules adequately reflecting contemporary reality and capable to guarantee the rights of commercial players in exploration of space resources including ownership rights on space resources obtained. Arguably, such reshaping of international space law will take place outside the UN and would not be based on the concept of space as a common heritage of mankind. Main drivers of this reshaping will be unilateral national laws like the U.S. Commercial Space Launch Competitiveness Act or Luxembourg Space, bilateral agreements or international treaties with small number of participants (like the International Space Station Agreement or the Artemis Accords). Such national practice and international treaties claiming that they are adopted in implementation and in full conformity with the Outer Space Treaty will be viewed as subsequent practice and subsequent agreements clarifying, amending and even modifying rather vague provisions of the Outer Space Treaty. The values of the Outer Space Treaty will increase due to a lack of strict rules regulating or prohibiting commercial exploitation of space resources. It will allow to perform evolutionary reform of international space law using new avenues of the treaty creating new rules which will implement and improve provisions of the Outer Space Treaty.
43
Sutch, Peter, and Peri Roberts. "Outer space and neo-colonial injustice." International Journal of Social Economics 46, no. 11 (2019): 1291–304. http://dx.doi.org/10.1108/ijse-03-2019-0152.
Full textAbstract:
Purpose Recent developments in US rhetoric and policy advocating the militarisation and marketisation of outer space challenge the global commons values and regimes that developed partly in response to decolonisation. These regimes embodied aspirations to post-colonial distributive justice, as well as to international management for peaceful purposes. The purpose of this paper is to argue that global commons values should be defended against these challenges in order to avoid the risk of exporting colonial legacies of injustice into outer space. Design/methodology/approach This paper is an exercise in normative International Political Theory and so develops normative arguments by drawing on approaches in political theory and international law. Findings This paper demonstrates that the commons values endorsed in the aftermath of colonialism retain their relevance in a global politics that remains structured by post-colonial power relations. This paper also demonstrates that these commons values have evolved and found expression in central elements of international law, persisting as resources to be drawn on in normative argument. Originality/value This study places recent moves to assert US hegemony in space in the context of persistent post-colonial power relations and develops novel arguments in renewed support of commons values.
44
Williams, Sylvia Maureen. "International Law and the Military Uses of Outer Space." International Relations 9, no. 5 (1989): 407–18. http://dx.doi.org/10.1177/004711788900900503.
Full text
45
Kim, Han-Taek. "Militarization and Weaponization of Outer Space in International Law." Korean Journal of Air & Space Law and Policy 33, no. 1 (2018): 261–84. http://dx.doi.org/10.31691/kasl33.1.9.
Full text
46
Shyshkarov, K. B. "Private international law in the context of space law." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 258–61. http://dx.doi.org/10.24144/2788-6018.2023.05.45.
Full textAbstract:
This article explores the intersection of private international law and space law, shedding light on the legal frameworks and considerations that govern activities in outer space. The primary focus of the article appears to be on the evolving legal landscape as it pertains to private entities and their involvement in space-related activities.
 Key Points:
 Space Law Context: the article delves into the broader context of space law, outlining the various international agreements and treaties governing outer space activities. This context is crucial to understanding the legal framework within which private international law operates in the realm of space.
 Private Entities in Space: given the mention of "Private International Law,” the article discusses the participation of private entities, such as commercial space companies and satellite operators, in activities related to space exploration, satellite communications, and space resource utilization. This touches upon the legal rights and obligations of private actors in space.
 Jurisdiction and Dispute Resolution: the article explores how private international law concepts, such as jurisdiction and dispute resolution mechanisms, apply to space-related disputes. This includes discussions on which legal jurisdictions govern disputes involving space activities and how international treaties address jurisdictional issues.
 Liability and Responsibility: space activities inherently involve risks, and the article touches the legal frameworks for liability and responsibility in cases of accidents or damage caused by space objects, especially when private entities are involved.
 Evolving Legal Landscape: the dynamic nature of space law, with new technologies and actors continually emerging, can be a central theme. The article discusses recent developments, challenges, and adaptations in space law to accommodate private sector interests and innovations.
 Future Implications: the article speculates on the future direction of private international law in the context of space activities. This encompasses considerations of how space law may need to adapt further as commercial ventures expand into the cosmos.
 Global Collaboration: given the international nature of space activities, discussions on the importance of global collaboration and cooperation in addressing legal issues related to space.
 Overall, this article provides valuable insights into the evolving legal landscape at the intersection of private international law and space law, offering readers a deeper understanding of the legal complexities surrounding space activities conducted by private entities.
47
Spencer, Martin L. "The Use of Outer Space for Global Commonwealth: Legal Status and International Law." Science of Law 2022, no. 2 (2022): 1–13. http://dx.doi.org/10.55284/sol.v2022i2.87.
Full textAbstract:
The traditional understanding of the prohibition on territorial sovereignty in outer space is becoming more and more contentious. It is particularly the involvement of private actors that complicates the traditional understanding. This contribution aims to highlight some of the challenges to the prohibition of sovereignty in the arena of outer space, with specific reference to the lack of a clear boundary between Earth and outer space for legal purposes, the legal status of the common heritage of humankind and the commercialisation of outer spaces. In particular, it is suggested that the blanket prohibition on sovereignty is no longer tenable and that it should be re-evaluated to keep up with the fast-developing technological advancements in space exploration.
48
Leshinsky, Rebecca. "Situating real estate law for the new outer-space economy." Journal of Property, Planning and Environmental Law 13, no. 2 (2021): 152–64. http://dx.doi.org/10.1108/jppel-02-2021-0010.
Full textAbstract:
Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.
49
Gerałt, Bartłomiej. "US legal developments in outer space mining." Civitas Hominibus. Rocznik Filozoficzno-Społeczny 16, no. 1 (2022): 85–96. http://dx.doi.org/10.25312/2391-5145.16/2021_07bg.
Full textAbstract:
In December 2020 NASA (National Aeronautics and Space Administration) announced a contract with a private company to deliver Moon material to Earth, the first and only contract of this type to be concluded to date. The sum that will be paid for the services of Lunar Outpost company was set at 1 US dollar. Although the arrangement may seem like a publicity stunt to catch international media attention, it spurs a legal discussion on the actual degree of freedom to utilized outer space. This article is focused on describing the USA’s policy and legislation concerning the utilization of natural resources of outer space, and comparing it to the international legal framework of outer space activities. Keywords: space mining, outer space treaty, space industry, appropriation
50
Bittencourt Neto, Olavo De Oliveira. "Revisiting the Delimitation of Outer Space in Light of the Long-Term Sustainability of Space Activities." Air and Space Law 48, Special Issue (2023): 93–112. http://dx.doi.org/10.54648/aila2023033.
Full textAbstract:
Decades of international debates have been insufficient to build consensus over a universal, multilateral delimitation of outer space. A legal frontier, still undelimited, exists between the territorial air space (under national control and jurisdiction) and outer space (where no claim of sovereignty is authorized). As technology advances, blurring the differences between aeronautics and astronautics, this question gains renewed relevance for practical purposes. The long-term sustainability (LTS) of outer space depends upon recognizing outer space as a specific and unique domain, distinguished from any other on Earth, and subject to a specific body of rules. After considering different proposals for the delimitation of outer space, as well as domestic regulation, an alternative is suggested, acknowledging different perspectives while including conciliatory features. air law, sovereignty, space law, space sustainability, territorial principle