regarding formation of the international space private law
- Paper number
IAC-08.E8.1.1
- Author
Ms. Mariam Yuzbashyan, Moscow State Institute of International Relations (University), Russia
- Year
2008
- Abstract
For several years international lawyers specializing in the field of the international space law are talking about formation of the international space private law. This opinion is also supported by a number of countries’ official delegations at UN COPUOS and its Legal Subcommittee. But nevertheless this issue has not been comprehensively analyzed in any scientific research.
The aim of this presentation is to raise the issue of formation of the international private space law, to give an analysis of its legal sources, principal institutions, to evaluate the perspectives and tendencies of its development.
In light of the growing tendencies of globalization, commercialization and privatization it seems that international space private law could provide the most adequate legal regulation for private space activities.
The author of this presentation defines international space private law as a body of substantive and conflict norms regulating connected with space activity property and personal non-property relations complicated with “foreign element”. International space private law is characterized by its specific subject of legal regulation comprising connected with space activity property and personal non-property relations complicated with “foreign element”; and methods of legal regulation such as: substantive law method, method of conflict of laws, international and national methods of legal regulation.
Principal existing and potential legal sources of the international space private law are:
• The 2001 Cape Town Convention on International Interests as Applied to Space Assets (the title in accordance with the Art. II of the Preliminary Draft Space Assets Protocol) where is emphasized the primary character of UN space treaties;
• National space legislation ( its growing role can not be denied but it would not be right to rely only on civil and national methods in commercial space activity regulation);
• Space law cases (for those states where they are applicable).
This presentation also contains a brief analysis of legal status of subjects of the international space private law, of problems of space activity licensing, responsibility of private legal entities, space insurance and other actual issues.
Finally the author analyzes the perspectives and tendencies of development of the international space private law.
The author hopes that rather soon his ideas will come from his “imagination” to reality as the objective and principal legal background for it already exists even if it is still much to be done.
- Abstract document
- Manuscript document
IAC-08.E8.1.1.pdf (🔒 authorized access only).
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