Suchergebnisse

On the occasion of the 50th anniversary of the Outer Space Treaty this book gives a first insight into where the next generation considers room for further improvement of the Outer Space Treaty in order to cope with upcoming aspects such as providing solutions for the emerging commercial, economic, environmental and social questions. At the time of the adoption of the Outer Space Treaty in 1967 the purpose of this treaty was to avoid conflicting military situations in space. However, 50 years later the Outer Space Treaty is n demand to meet the ever increasing space activities and the different actors involved such as the rise of the private sector players

AbstractThis article examines the legal principles governing the sharing of benefits deriving from the exploration and use of outer space. It shows that, over time, three strands of State practice have developed different understandings of the content of the obligation contained in Article I, paragraph 1 of the Outer Space Treaty. While drawing parallels with other areas of international law, the article examines the role of equity in the structure of the obligation and evaluates the possibility of replacing considerations of equivalence with a proportionality test to facilitate the fulfilment of the benefit sharing obligation under the Outer Space Treaty.

Abstract. The challenge of ensuring the space environment's long-term sustainability in the context of the exploration and commercialisation of outer space raises several important issues and dimensions with respect to both international environmental law and sustainable development. The research question analyses the extent to which such exploration benefits humanity and expands the province of all humankind. In this article, historical achievements of the international legal framework governing the area of space exploration are presented. Opportunities for further developing and strengthening this framework to ensure the cooperative, transparent, inclusive and equitable development of space exploration are deliberated, notably those that do not limit the interests and opportunities of space-faring countries. The key finding and proposition of this article is that while discussing the need to improve and strengthen the international regulatory framework, developing countries' needs and interests should also be effectively incorporated. More equitable, inclusive and sustainable development is as much in the interest of developed countries as it is of developing countries. Keywords: The Outer Space Treaty, space law, UNCOPUOS, space commercialisation, Sustainable Development Goals, inclusive and balanced development, international environmental law

Abstract: This paper analyses the ongoing debate surrounding proposed amendments to the 1967 Outer Space Treaty. The paper aims to outline the multiplicity of suggested amendments and practically reconcile them with the developing geopolitical climate and international legal principles. It assesses the several key aspects of the OST which remain in contention; addressing the economic, national security, and environmental concerns through a holistic approach, considering the relevant articles of the OST and how these articles have been interpreted. It finds that growing access to resources and militarization makes cooperation on certain issues impractical, and that the adoption of transparency and confidence-building measures, coupled with the independent development of opinion juris by subordinate IGOs, represents the most viable opportunity for amendments to be incrementally instituted by consensus. The adoption of transparency and confidence-building measures will facilitate mutual trust and understanding between UN members, reinforce the rule of law, and preclude the possibility of competition and conflict in outer space. This analysis provides an updated insight into developments within international law jurisprudence, and represents an exhaustive record of proposed OST amendments.