Space Law today

MAUREEN WILLIAMS

Viena

Conferencia; Perspectives for Space Law; 2011

European Space Policy Institute (ESPI)

ABSTRACT When the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies[1] (or Treaty on General Principles, as usually referred to) came into force, the United Nations began the progressive development and codification of a new branch of international law which departed, in many ways, from the traditional principles of international law applied on Earth. Highly influenced by the advances of science and technology it may be assumed that the changes introduced thereby are modelling, inter alia, a modern concept of sovereignty far more consistent with the world of today. In fact, the only time the term ´sovereignty´ is mentioned in the 1967 Space Treaty is to deny, in no uncertain terms,  any possibility of claims of sovereignty based on use or occupation, or by any other means[2]. I shall come back to this later but it should be said from the outset that this was an effective way of minimizing a powerful source of international tension. [1] Hereinafter  the "1967 Space Treaty", the "Treaty on General Principles" or, simply, the "Space Treaty". The text of this Treaty was embodied in UNGA Resolution 2222 (XXI) of 19 December 1966. [2] This provision is supplemented by article I of the Space Treaty proclaiming freedom of access to all areas of celestial bodies.