An Interpretation of the Outer Space Treaty After 40 Years

Paper number

IAC-07-E6.5.02

Author

Ms. Julia Neumann, University of Cologne, Germany

Year

2007

Abstract

The 40 years since the entry into force of the Outer Space Treaty have borne witness to the exponential growth in the scope of space activities and the crucial role of space law-making. In this context, the paper presents a theoretical, methodological and practical study of space law, with a special focus on the 1967 Outer Space Treaty (OST) as the most significant international agreement regarding outer space activities.
 
This paper takes into account the general rules for the interpretation of treaties of public international law as set out in Articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental criterion for treaty interpretation accordingly is the ordinary meaning of a term, to be considered in its context (including any subsequent agreement or practice relating to the treaty) and in the light of its object and purpose. Supplementary means of interpretation may include the travaux préparatoires of the treaty and the circumstances of its conclusion. 

In terms of space law-making, these criteria have to be viewed within the specific context of space law as a particular branch of public international law. The increased scope of space activities raises the question of the actual value of, for example, the legislative history in the interpretation of space law in general, and especially the OST. Moreover, the authors examine whether there are rules of customary international law concurring to the written norms of space law, and if so, how they evolved. Further, in light of the increasing volume of space legislation at the national level, the paper goes on to analyse the position and influence of the public international law framework on the creation of such national space legislation. This paper then considers the influence of the OST on the legal framework for practical applications in outer space, including remote sensing and direct broadcasting by satellites. 

Against this background, the authors then present the case for a comprehensive commentary on the written norms of space legislation and the related State practice. Although at present no such commentary exists, the paper outlines a novel step that has recently been undertaken to address this lacuna. The Cologne Commentary on Space Law (CoCoSL) is a groundbreaking initiative by the Institute of Air and Space Law of the University of Cologne and the German Aerospace Center (DLR). Its aim is to provide a critical and scientific commentary by the international space law community on forty extremely successful years of space law-making. The paper concludes with a look at the significance and impact of the CoCoSL project on the progressive development of international and national space law-making in times of increased space activity.

Abstract document

IAC-07-E6.5.02.pdf

Manuscript document

IAC-07-E6.5.02.pdf (🔒 authorized access only).

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