Small States and Space
- Paper number
IAC-06-E6.5.02
- Author
Prof. Dr. Francis Lyall, University of Aberdeen, United Kingdom
- Year
2006
- Abstract
States are inherently equal as a matter International Law, having all the same rights and duties irrespective of their size or power. But the development of space activities and particularly the involvement of private enterprise may produce problems. Small ‘states’ may not have the personnel, knowledge or abilities to meet obligations in relation to space particularly as to the duties of licensing and supervision prescribed in Art. VI of the Outer Space Treaty, 1967, and also in regard to similar ITU obligations. Some ‘states’ are seeking to establish themselves in ‘space business’ by offering tax and other advantages. If private entrepreneurs seek incorporation and license their businesses in ‘states’ where they are subject to minimal constraints, an important lacuna emerges in the legal regime applicable in outer space. The creation of a new state involves ‘recognition’ by other existing states expressed formally by a ‘grant of recognition’ or otherwise. One of the ‘tests’ for recognition used to be ‘willingness and ability to fulfil international obligations’. The paper will discuss whether it is time to revive such considerations, and if so, how.
- Abstract document
- Manuscript document
IAC-06-E6.5.02.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.