development of space law

Due to the development in the field of space and today space is being in use for the man in his daily activities various other legal problems have started to emerge and the principles in the outer space treaty of 1967 aren’t sufficient to conduct peaceful activities in outer space today. Report of the Committee on the Peaceful Uses of Outer Space, fifty-ninth session (June 8–17, 2016). Shortly after the launch of the first manmade satellite in 1957, the United Nations (UN) took the lead in formulating international rules governing space activities. Brief commentaries appeared in the 1930s and 1940s. However, as the term “principles” indicates, these provisions were drafted in a very general manner (Clute, 1970). In a sense, the scope of space law is much broader than has been previously considered. The negotiation process was not smooth; the sensitivity of basic telecommunications services delayed the whole process (Mashayekhi & Gibbs, 1999). The dual-use nature of the satellites and space technologies means that space commercialization and privatization is a natural result of satellite usage and space activities.

In view of the difficulty in concluding new space treaties at the international level, future development of space law will be more likely to take a decentralizing and softening approach through national space legislation and soft-law drafting.

Further the activities by the private players are more of profit oriented than of prompting common welfare.
3. The UN played a key role in the first stage of the development of space law (Larsen & Lyall, 2013). The five space treaties mainly regulate the public side of space activities (Larsen & Lyall, 2013); with space commercialization becoming increasingly important, there was an urgent need to enact rules to regulate the private and commercial side of space activities (Blount, 2011).

UN Doc. (2013, December 11, 2013). From a national regulatory viewpoint, several issues should be taken into consideration along with space commercialization, namely licensing for commercial space activities (including the conditions for space projects, the qualification of the entity to conduct space activities and insurance requirement, etc. Therefore, there was an alarming need to bring an international legal framework which could control such activities to happen in and to make the space a peaceful place for conducting explorations by not allowing such activities to take place in the space.

For peaceful and sustainable use of outer space, the European Union (EU) put forward a nonbinding document entitled International Code of Conduct for Outer Space Activities for the consideration of international society (Rohrer, 2012). The third examines the latest development of space law to support space commercialization.
The zero-gravity environment in outer space provides an excellent condition for scientific experiments, with the scientific results readily available for commercialization (NASA, 2015; David, 2014).

The first doctoral dissertation dealing with space law appeared in 1953.

What is SpaceX and is it the future of space exploration?

This led to the formation of the united nations committee for peaceful uses of outer space (COPOUS). This article tries to explore various phases involved in the development of space law, the role of various organizations for its development and the role of developed countries and the developing countries in creating a legal framework for the regulation of activities in the outer space. Thus, a flight beyond the airspace should be free of the control of the sovereignty. 1962, 1963). It is too early to draw a conclusion as to whether this position should be welcomed; however, this piece of legislation vividly demonstrates that national space legislation can play an important role in filling in the gap in the legal regime and that it can provide a testing bed for certain new rules. The quest for knowledge in man to know what is beyond the earth is a driving force for such explorations.

Outer space was soon found to be a place with abundant opportunities for commercialization. Militarization Militarization is to put weapons and military forces in and during the world war there was a rapid development of nuclear arms and the major players of the world were trying to explore new dimensions in which they could showcase their power. The evolution of space law began with U.S. President Dwight D. Eisenhower’s introduction of the concept into the United Nations in 1957, in connection with The UNCOPUOS set space law capacity building as a main task in the new era (UN Doc. The second part provides an overview of the UN legal framework for space activities and its inadequacy in coping with new legal issues arising from the ongoing process of space commercialization.

These claims led to the need for a different law.

These documents, supplementing the UN space treaties, further enrich the substance of space law by addressing new legal issues arising from space activities.

A/AC.105/C.2/112 (2017), “Report of the Working Group on the Review of International Mechanisms for Cooperation in the Peaceful Exploration and Use of Outer Space on the Work Conducted under its Multi-year Workplan.”. Following the launch of sputnik, international talks began to take place with the world community and the jurists of the world for a law for relating to human activities in outer space by addressing possible principles, requirements, and prohibitions as to contemplate a law in outer space. In the Conference on Disarmament (CD) in 2008, China and Russia cosponsored the draft treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects (PPWT) with the aim of banning arms race in outer space (Conference on Disarmament, 2008). 68/74.

1. United Nations. Such issues include liability and responsibility, registration of space objects, insurance, environmental protection, and peaceful uses of outer space (Dempsey, 2016).

PRINTED FROM the OXFORD RESEARCH ENCYCLOPEDIA, PLANETARY SCIENCE (oxfordre.com/planetaryscience).

Lastly, in the 2000s and 2010s, with the continuous development of satellite technologies and related applications, the satellite launch market is not only trying to reduce satellite costs and risk, but also accelerating the development cycle.8 In this context, the small satellite is becoming prevalent, as it can undertake a single dedicated task and be networked easily (Jakhu & Pelton, 2014). 51/122.

In 1963 the Nuclear Test Ban. As many private entities had started to show their interest in the exploration of space and this may lead to many issues. (1984).

A/AC.105/C.2/2017/CRP.12. The space era started with the use of satellites. Later in the same year a UN General Assembly declaration acknowledged a free international interest in space development and outlined rules assigning on each nation which is individual responsible for dealing with transgressions of international law and for any resulting destruction. Capacity-building in space law. This involves two aspects of the work: encouraging more countries to accede to the existing five space treaties and the members to the five treaties to implement the treaty obligations through national space legislation (UN Doc.

In the area of dispute resolution, with more commercial entities involved in space activities, the traditional state-to-state dispute resolution mechanism does not appear to be sufficient or appropriate. The UN space treaties adopted in the last century, when states were the sole player in the space field, helped to set up a legal framework for the smooth and orderly development of space activities; it is obvious that these rules are insufficient to tackle new legal issues arising from space commercialization and privatization. Symbol Year Title Available languages ST/SPACE/61/Rev.2 2017 International Space Law: United Nations Instruments عربي 中文 English Français Русский Español


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