Space Law: the Present and the Future

AuthorValentyn Halunko
PositionDoctor of Law, Professor, Research Institute of Public Law (Kyiv, Ukraine)
Pages30-47
Advanced Space Law, Volume 3, 2019
30
Space Law: the Present and the Future
Valentyn Halunko1
Doctor of Law, Professor, Research Institute of Public Law
(Kyiv, Ukraine)
E-mail: halunko@i.ua
https://orcid.org/0000-0003-1619-5028
The article suggests a comprehensive analysis of the current trends in the development of space law.
The principles of space law have been adjusted. The limits of understanding of space law have been
expanded and supplemented with the scientic understanding of the sources of space law. The authors
disclosed trade regulation factors in outer space. The legal aspects of the militarization of outer space
and space debris have been claried. The advanced tasks of space law have been identied, namely:
standardization of legal space terms, approval of private space law, stimulation of private capital
involvement in space programs, development of the theory of the right to use space bodies, regulation
of the rights and legitimate interests of space tourists, development of sanctions agreed by the world
community for violation of space law, subjects and procedures for their application.
Keywords: space body, state, Earth, outer space, space, man, international sanctions, space law,
private companies, space debris, weapons
Received: March 01, 2019; accepted: April 07, 2019
Advanced Space Law, Volume 3, 2019: 30-47.
https://doi.org/10.29202/asl/2019/3/3
Introduction
Humanity is actively developing. In the spatial dimension, the most promising direction
of human development is boundless outer space, which extends from the atmosphere, from a
height of 100-110 kilometres, the cradle of humanity — the planet Earth, at least 13.8 billion
world years. The ancients wisely determined that the cosmos is the order (from the ancient
Greek κόσμος — “order”). This word was used as a counterbalance to the world disorder. Now
a signicant kind of space order is the legal space order, as a system of norms of space law.
More than 100 years of history has the category of “space law”, which was rst mentioned
in the scientic works of French scientists (1910). Space law of that time was an amorphous
idea without form and content. The rst special monograph on space law was published in
1932. Short scientic publications that were devoted to space law appeared in the 1930s and
1940s, the rst doctoral dissertation on this subject was defended in 1953 [Doyle, 2014].
© Halunko, Valentyn, 2019
Space Law: the Present and the Future
by Valentyn Halunko
Advanced Space Law, Volume 3, 2019 31
Therefore, the period before 1957 is a mythological, Sci-Fi and theoretical elucidation of
probable social relations that could potentially arise and be governed by the law in the alleged
human activity in outer space.
However, practical space law emerged in the most democratic way, with the instant Prince
at the time of entering earth orbit on October 4, 1957, the rst articial earth satellite.
Further, in the 60 years of the XX century, the international community under the auspices
of the UN approved the practical principles and norms of space law, which for almost 60 years
successfully and without signicant changes regulated social relations in outer space.
From the spatial point of view, it is not dicult to understand the limitless possibilities that
humanity faces in outer space. Space exploration is the art of self-knowledge. The formation
of space law is the art of creating norms of international and private space law in order for a
person to live in harmony with other people, both in comic space and on the planet Earth, using
the results of space research.
Space law actively developed in the 60 years of the XX century, then there was a period of
long stagnation. In recent years, the development of space legislation has begun to revive. For
example, in the UK in 2018, the “Law on the space industry” was adopted. Which spelt out
licensing issues, regulatory requirements, legal liability and compensation for damage caused
by the activities of private space companies [Smith & Leishman , 2019].
All of this is due to the emergence of private business in outer space, a signicant increase
in the amount of space debris and potential attempts by some States to move the arms race into
outer space. An increasing number of private actors operate in the space industry. This raises
concerns about the adequate, both domestic and generally international legal framework for
the regulation of commercial activities in space.
The business goes to space, classically see there is a prot. Accordingly, it is unlike the
state will not invest in useless things for people. The private business invests only where it
can make a prot. As a result, the business will provide new and cheaper useful space services
in space or through space to individuals and legal entities. Mobile communication, global
Internet system and navigation — all these factors of comfortable existence of modern man
are inextricably linked with comic services.
In General, it should be emphasized that outer space is a limitless opportunity for its
exploration and use. Including the limitless possibilities for the creation of a theory of space
law, the theory of colonial space settlements and even States in space outside the planet Earth.
A separate line should be noted the need to update the theory of guarantees of human rights,
freedoms and legitimate interests in outer space, such as space tourists.
However, space law does not keep pace with the current pace of technology development.
In addition, space law today is built largely outside the UN Committee on the peaceful uses
of Outer Space (the Committee on the Peaceful Uses of Outer Space (hereinafter COPUOS)).
Moreover, COPUOS is not always informed of new national legal developments in space law.
It is also necessary to understand that the development of international space conventions
and agreements, their harmonization and adoption requires much more time than is necessary
for the development, testing and launch of new space technology. Accordingly, the role of
COPUOS should be much higher. He has to work creatively ahead of the curve. Provide for
relevant legal space issues and produce relevant scientic doctrines that require long debates
of representatives of space powers. At a minimum, this will draw attention to a certain space
problem, or may even lead to the harmonization and adoption of the texts of new international
space agreements. [Benkoe & Schrogl, 2005].

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