About space law
Nowadays it has become a difficult task to know, and to have access to, the huge amount of legal texts available, and to have a clear, comprehensive and concrete understanding and definition of space law. However we hope to provide you with a tool that will enable you to have a better understanding of the term.
When discussing space law it is important to bear in mind at all times three important points:
-the ‘territory’ that space law regulates - outer space including celestial bodies - is outside the sovereignty of States outer space activities are to be conducted for the benefit of, and in
-the interests of, all States, irrespective of their degree of economic or scientific development
-they are the “province of all humankind”
Space law is a branch of international law, similar to air and maritime law, but which has the specificity of being influenced by other sources of law, both of public and private character. As a consequence, the law applicable to space activities is not limited to outer space law, on the contrary, there are many other laws and regulations that should be applied as well, particularly in view of the increase in privatisation.
The reason for laws on space is not just to facilitate access to, and the use of, space, but to favour cooperation between all nations, not only between space powers. Today, the situation has evolved and the aim is to increase the use of space by all and in all areas to improve the knowledge of the Universe, to help the management of risk, to protect the environment, to maintain peace and security, and to achieve a high degree of cooperation in the interests of humanity as a whole.
Factors such as the increase in daily activities dependent on space technology, the national interests of the countries involved, the arrival of new actors interested in space apart from States, and the commercialisation/privatisation of outer space, have been fundamental in making States aware of the need for a legal and political framework, to permit them all to benefit from outer space in a peaceful way.
The necessity of outer space law to regulate outer space activities commenced with the launch of Sputnik 1 on 4 October 1957 and developed within the UN, which has the principal responsibility for the development and codification of international law. In particular the Committee on the Peaceful Uses of Outer Space (COPUOS) and its legal subcommittee, and the UN General Assembly, had the merit of establishing the foundation stones that are still valuable today.
Proof of this is the adoption in 1963, by the General Assembly, of the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space and the development, within the UN, of five treaties and principles; the basic one being the Outer Space Treaty that entered into force on 10 October 1967, and to which some 100 States are parties
More and more States are becoming parties to these treaties, negotiating cooperative agreements based on their provisions and promulgating national space law. As a result, the work of COPUOS and its legal subcommittee has gained in appreciation and continues to give guidelines for the development of activities.
However, it is of concern that not all countries are parties to all these legal instruments. It is to be hoped that with the interdependence of law and technology, and the increased repercussion of space activities on the Earth, more States will become aware of the necessity for space law and will became part of international treaties. Similarly, it is to be hoped that ESA, which has declared its acceptance of the Rescue Agreement, the Liability Convention and the Registration Convention, will be an example for other international organisations.
New actors and new subjects are appearing, and new topics are being discussed in COPUOS, such as the problem of space debris and the promotion of space law. Therefore, the existence of international colloquia such as IISL and ECSL is recognised as being important both to improve knowledge and organisation.
The outer space law born in the UN is complemented by many bilateral and . multilateral agreements concluded outside the UN such as that for the International Space Station). Therefore, to embrace the entirety of all laws, regulations, customs, contracts, etc and literature concerning activities in outer space a guide is needed.
This site has been created to help all those involved or interested in space to find information about space laws and regulations by searching through its database, and to assist them in learning more about the laws governing space activities.
