INTERNATIONAL SPACE LAW IN ITS FIRST HALF CENTURY

摘要

This paper will highlight three different phases of the past 50 years of the development of international space law. This development is characterised by a first hard law phase (1956-1979), a second UNGA Resolution soft law phase (1980-1992), and a third, current phase of reinterpretation of space law (1992 up to now). Furthermore, the paper will come to conclusions with regard to the method of law-making, the effectiveness of law-making, and the question of the existence of a tendency from hard to soft law. With regard to the development of international space law, major conclusions will be that (a) public international law in the future will only be a frame for space activities filled in by more flexible special legal regimes, (b) a growing normative vagueness with regard to the major legal framework for outer space activities exists, (c) the legal regime for commercial activities on the Moon and other celestial bodies is still unclear, (d) the legal regime for touristic space activities is still growing, and could arguably combine air and space law approaches. In conclusion, the paper will underline that in the second half century of development of international space law, a reorientation of international space law back to hard law would be very welcome. In view of the various challenges, only such strengthening of the international legal framework for space activities can preserve the authority of this international legal order. Public international law will remain the necessary frame for space activities also in the future. But, most likely, there will be more distinct legal rules for specific space activities. Furthermore, there could be a growing body of national space legislation. In sum, in view of the growing private space activities, the authority of the frame of public international law must be preserved.