Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

8
Tensions in the Development of the Law of Outer Space

Katherine Gorove and Elena Kamenetskaya


I. Introduction

The laws pertaining to activities in outer space developed rapidly during the more than two decades following the first satellite launching and led to the emergence of a new field of international law -- international space law. Although the development of new laws governing outer space activities has tapered off in the 1980s and early 1990s, the conduct of space activities has still resulted in the accumulation of a vast amount of space law.

Several trends in the pursuit of these activities have greatly affected the law and brought about long-standing debates over what to regulate and how to regulate. Clearly, the most important of these trends is the increase in commercial opportunities arising from outer space activities, which has created a burgeoning desire in private entities to engage in space-related activities and resulted in a larger number of space ventures. Yet because of the expense of pursuing activities in outer space which may or may not have commercial results, states have had to pool their financial and technical resources to ensure that their expenditures on space activities do not vastly outweigh the benefits of space activities, at least as perceived by the public. Because of the need to justify the expense of space activities, more countries are expressing an interest in carrying out activities, such as participating in maimed space flights, to pique the interest of the public and keep their support.

The possibility of commercial uses for outer space activities has led to an increase in national space laws as states have had to legislate domestically either to carry out international treaty obligations or to oversee

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Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
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