International space law in its first half century
- Paper number
IAC-06-E6.5.01
- Author
Mr. Stephan Hobe, Institute of Air & Space Law, Germany
- Year
2006
- Abstract
This paper will highlight five different phases of the past 50 years of the development of international space law. Furthermore, the paper will come to conclusions with regard to (1) the method of law-making, (2) the effectiveness of law-making, (3) the question of the existence of a tendency from hard to soft law, (4) the possibility of a development from a purely public international legal framework to public international legal norms as a framework and private norms as contained in national space law, (5) an overall system of the role of the United Nations from the inception of the space law age until today. With regard to the development of international space law, major conclusions will be that (a) public international law in the future will only be a frame for space activities filled in by more flexible special legal regimes, (b) a growing normative vagueness with regard to the major legal framework for outer space activities exists, (c) the legal regime for commercial activities on the moon and other celestial bodies is still unclear, (d) the legal regime for touristic space activities is still growing, and could arguably combine air and space law approaches. In conclusion, the paper will underline that in the second half century of development of international space law, a new international legal regime is likely to appear. Public international law will remain the necessary frame for space activities also in the future. But, most likely, there will be more distinct legal rules for specific space activities. Furthermore, there could be a growing body of national space legislation. In sum, due to growing private space activities, the authority of the frame of public international law must be preserved.
- Abstract document
- Manuscript document
IAC-06-E6.5.01.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.