potential uniform international legal framework for regulation of private space activities

Paper number

IAC-10.E7.1.6

Author

Ms. Mariam Yuzbashyan, Moscow State Institute of International Relations (University), Russia

Year

2010

Abstract

Increasingly developing space activities affected by tendencies of globalization, commercialization and privatization have already caused various legal debates and might precondition additional future challenges subject to space law regulation. 

  The aim of this paper is to propose a potential and most importantly adequate and uniform solution for regulation of private space activities in view of the abovementioned tendencies.
 
  {\it International space private law }(ISPL) defined as a body of substantive and conflict rules regulating connected with space activity property and personal non-property relations complicated with “foreign element” could provide such an adequate and uniform legal framework for commercial space activities as long as it is most effectively able to take account of both the private nature of the corresponding activities and the specific features of international space law and international law on the whole. 

  This paper provides a {\it general analysis }of ISPL as a new branch of law including its legal sources, principal institutions, evaluates perspectives of its development; as well as includes some {\it specific conclusions }related to formation of ISPL reached by the author in her Ph.D. Thesis. In particular these conclusions concern:

The prevailing character of international space law rules and distinctive correlation of public and private legal aspects in commercial space activities regulation;

Interconnection between change of relations subject to ISPL regulation and international legal effects for corresponding states; 

Formulation of specific conflict rules applicable within the framework of ISPL; 

Tendency of parallel and in some cases “overdue” elaboration of national legislation for private space activities regulation.

  The author believes that there is a need of a very strong and effective legal framework for turning space for human benefit and exploration, and presumes that formation of ISPL could be a step forward on this way.

Abstract document

IAC-10.E7.1.6.brief.pdf

Manuscript document

IAC-10.E7.1.6.pdf (🔒 authorized access only).

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