Comprehensive Space Law Treaty: new wine in new bottles
- Paper number
IAC-10,E7,1,17,x6187
- Author
Mr. Patthara Limsira, Yuth Law Office, Thailand
- Coauthor
Ms. Lalin Kovudhikulrungsri, Thailand
- Year
2010
- Abstract
Space law is one of dynamic fields in international law plane and becomes more mature. The principles have been established since the Sputnik launched into space. In the beginning of space age there were only two States which had advanced technique for space development. Nowadays there is increasing numbers of space capacity States and other space actors {\it i.e.} the international and regional organizations and the private sectors. In space activities, the international cooperation is the essential requirement. In addition, it could not deny the fact that space law was developed from instant customary of international law. As a result, the international legal instruments governing space activities are various and fragment. After the Outer Space Treaty until now with the proliferation of space instruments era, which some debated issues during in drafting process are considered as settled now. There are manifest reasons why international community should revise and codify space law at this time. For example the rapidly improvement in technical and science, an unsuccessfulness to accept the so-called Moon treaty, and the requirement in regulation of the space commercial user. Therefore, this paper would like to propose the new concepts for the future of space law. Instead of discussing particular international legal instruments, the author would recommend that the United Nations should set up the working group to draft comprehensive space law treaty. On the other hand, I am also well aware that the major space States do not want to lose their advantages under the present arrangements. Furthermore, the worst scenario would be the collapse of existing space legal system due to the absence of States and withdraw themselves from those ratified agreements. The history of international law should repeat itself as the codification experience in the past with United Nations Convention on Law of the Sea. It is the high time to count space law from zero-based. The opposite interests between States and individuals created the truly major challenge which is not focus on legal issues. The possible solution to this achievement could not let it be in the hands of the conventional international persons alone. I maybe young and naïve that why I still have a good faith in humanity and international law. The humankind should speak loudly of space cardio-theme as {\it res communis humanitatos} more than in the past to make the echo impact upon the treaty to over come the problems.- Abstract document
- Manuscript document
(absent)