International and National Provisions of Space Law Regulating the Use of Outer Space

• Author: Oleksandr Kobzar and Anna Danylenko
• Position: Doctor of Law/Postgraduate Student, Scientific Institute of Public Law (Kyiv, Ukraine)
• Pages: 48-62

Advanced Space Law, Volume 3, 2019

48

International and National Provisions of Space Law

Regulating the Use of Outer Space

Oleksandr Kobzar1

Doctor of Law,

E-mail: kaf_forever@i.ua

https://orcid.org/0000-0002-5422-235X

Anna Danylenko2

Postgraduate Student, Scientic Institute of Public Law (Kyiv, Ukraine)

E-mail: danilenko07@bigmir.net

https://orcid.org/0000-0001-8263-1364

In the article, the authors reveal the role and place of international and national provisions of law

in regulating the use of outer space under the new scientic paradigm of outer space. The authors prove

that the new technologies of using outer space contradict the existing international sources of space

law. Consequently, the spacefaring nations independently approve the national legislation. However,

sometimes the national provisions of space law of one State are not recognized by other spacefaring

nations. This leads to intergovernmental political tension. The authors oer possible solutions to this

problem.

Keywords: international law, space activities, outer space, international guarantees, provisions of

law, public administration.

Received: March 01, 2019; accepted: April 07, 2019

Advanced Space Law, Volume 3, 2019: 48-62.

https://doi.org/10.29202/asl/2019/3/4

Introduction

What is outer space? Can it exist without Man, and if so why? What is the essence of human

relations in space? What place do provisions of law occupy in public space relations? It would

seem that these questions are distant for an average person and relate exclusively to scientic

considerations of highly specialized experts. However, probably, sometimes gazing at the

starry sky, every representative of humankind thought at least once about why, how and when

space arose. What place does a person take in it? What future destiny is expecting humanity in

it? How can it be used in favour of oneself and others? As soon as people moved from abstract

© Kobzar, Oleksandr, 2019

© Danylenko, Anna, 2019