The Future Challenges of the Corpus Juris Spatialis Internationalis

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초록

This article addresses the present law and the future challenges of the Corpus Juris Spatialis Internationalis (International Space Law). The former will be explained by a brief overview of the treaties and soft law such as declarations and resolutions forming the lex lata (current law-the law as it exists) of the Corpus Juris Spatialis Internationalis. Future challenges will focus on major subjects such as Delimitation of Outer Space, Militarization & Weaponization of Outer Space, Space Mining Activities, Space Debris and Space Tourism creating the lex ferenda (future law-what the law should be) of the Corpus Juris Spatialis Internationalis. It is believed that the issue of space delimitation is not a matter to be solved by lawyers, but rather a decision to be made by scientists interpreting data and ongoing research. As for the militarization & weaponization of outer space, the debate between the Soviet Union’s ‘non-militarization’ and America’s ‘non-aggression’ for the ‘peaceful uses of outer space’ in the Art. IV of the Outer Space Treaty of 1967 is meaningless. Because Russia (including USSR) has already launched numerous military satellites into outer space as has the United States. China and Russia’s Draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects (PPWT) will not be resolved in the near future due to the U.S. strongly opposition. As far as space mining activities are concerned the U.S. and Luxembourg’s domestic laws will soon be modeled and adopted by many countries. The international community should start regulating the scope and duration of resource development in the resource competition of countries because states will go to the Moon and other celestial bodies including asteroids based on ‘first-come, first-served’ principle. Considering the failure of the Moon Agreement of 1979, it is more desirable to use a soft law such as a declaration and resolution by the General Assembly. With respect to the space debris issue, the UN Space Debris Guideline might serve as a new soft law, but at least it should be developed in principle or declaration to provide a stronger message to countries. The rapidly growing space tourism industry needs legal regulation not addressed in space related treaties including the Outer Space Treaty. Since space related treaties were created during the Cold War, new legislation or modernization of the treaties should be prepared in consideration of the reality of the role of international organizations and private companies instead of states in the space activities.

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