Is There A Need For A Single Comprehensive Space Law Convention?
- Paper number
IAC-07-E6.5.10
- Author
Mr. C. Jayaraj, Supreme Court of India, India
- Year
2007
- Abstract
Given the fact that the International Space Law (ISL) is not only a younger branch of International Law, but also witnessing an internal churning, this paper will begin by evaluating the scope and content of the existing legal framework of ISL and would seek to know whether they are outmoded, if so, how and by what means to reenergize them. Since the International Space Law is basically technology driven no legal or jurisprudential visualization is possible unless space technology results in concrete and legally permissible space activities, this paper will emphasis the constant search for viable and practical legal frame work. This paper will also examine the need to progressively codify the existing General Assembly principles in areas such as remote sensing, direct television broadcasting etc. keeping in mind the recent state practice. Further it will consider the possibility of establishing a convention or a General Assembly resolution as suitable formats regarding space debris etc. in the context of the on-going debate in this regard in UN COUPUS and elsewhere. Methodologically the paper will critically examine the possible, workable and legal formats and propose a suitable format for future multilateral law making in the field of space law. The glaring gaps in the existing legal framework and fragmentation of corpus of ISL have triggered recently the question of a comprehensive general convention on space law resulting in opposing positions though with some centricism. Despite absence of any clear-cut rationale for such demand, the idea of the comprehensive convention has been taken from the analogy of the United Nations convention on the Law of the Sea, perhaps uncritically. In this regard this paper will firstly, argue that historically UNCLOS format is an exceptional one and it cannot be a model for space law making because it is an experimental and contingent field. Secondly, it will provide instances of failure of the international community to establish comprehensive multilateral conventions in areas such as, international terrorism and that the UNCLOS model will be shown as problematic in certain areas such as marine scientific research, piracy etc. necessitating the need for amendment. Further the paper will evaluate the emergence of new customary law rules in the field of space law and the possibility of making policy declarations on space activities as independent source of International Space Law which seems to be a practically possible way. Moreover, to make the International Space Law a functional one, proposal will be made how to unify and harmonize the principles and the legal positions of various national legislations especially the practices of space faring nations.
- Abstract document
- Manuscript document
IAC-07-E6.5.10.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.