Soft Law in Outer Space: The Function of Non-Binding Norms in International Space Law

✍ Scribed by Irmgard Marboe (editor)

• Publisher: Böhlau Verlag
• Year: 2012
• Tongue: English
• Leaves: 420
• Series: Studien zu Politik und Verwaltung
• Category: Library

✦ Synopsis

Non-binding norms have become increasingly popular in the law of outer space. After the 1979 Moon Agreement, no further international treaty has been adopted. Instead, a number of non-binding instruments, has been produced. This book analyzes to what extent such "soft law" - even if the term is sometimes criticized - fulfills its function and has in fact an influence on States and private actors in their conduct of space activities. The authors are academics and practitioners and discuss, after a general theoretical introduction, the different instruments in the fields of space debris, nuclear power sources, remote sensing, registration practice, liability, and demilitarization.

✦ Table of Contents

Editor’s Preface
Content
Part I.
The Role of ‘Soft Law’ in Public International Law and its Relevance to the International Legal Regulation of Outer Space
Contradictio in terminis or Realpolitik ?
The Function of ‘Soft Law’ in the Development of International Space Law
‘Regulatory Impact Assessment’ — A Tool to Strengthen Soft Law Regulations
Soft Law in Space Activities — An Updated View
The Importance of Guidelines and Codes of Conduct for Liability of States and Private Actors
Part II.
The ‘Declaration of Legal Principles Governing the Activities of States in the Exploration of Outer Space’ : The Starting Point for the United Nations’ Law of Outer Space
The 1982 UN Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting
The UN Principles Relating to Remote Sensing of the Earth from Outer Space and Soft Law
The Launching State and the Registration Practice Resolutions as ‘Kick Off’ for a New Phase in Space (Soft) Law Development
The United Nations Principles Relevant to the Use of Nuclear Power Sources in Outer Space : the Significance of a Soft Law Instrument after nearly 20 Years in Force
The STSC/IAEA Safety Framework for Space Nuclear Power Source Applications — Influence of Non-binding Recommendations
The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States
The Legal Status of the 1996 Declaration on Space Benefits : Are Its Norms Now Part of Customary International Law ?
Space Debris Mitigation
The role of binding and non-binding norms in the implementation of small satellite programmes
The European Union’s Initiative for a Code of Conduct on Space Activities: A Model of Soft Law for Outer Space ?
A Soft Law Approach to Prevent the Weaponisation of Outer Space
Analysing International Reactions to Soft Law Initiatives on Space Security
Selected Bibliography on Soft Law in Outer Space
List of Authors
Index