TY - JOUR

T1 - The nortvis of behaviour in space

T2 - Our space - Whose rules?

AU - Smith, Lesley Jane

PY - 2018/11

Y1 - 2018/11

N2 - Among the many challenges outer space activities face today, two are worth mentioning, particularly from the perspective of "norms of behaviour"; firstly, how to transpose complex, non-binding rules of "post-treaty" soft law onto those involved in outer space activities? Secondly, how to measure the resilience of national authorities in complying with their international space treaty obligations, should their national stakeholders and actors fail to comply with the "soft-law" rules? The increasingly "soft law" requirements for participation in space activities may, paradoxically, drive the call for enforcement of black letter rules one step further. In space, given the urgency posed by debris in LEO, the best practice responses must become evident in the shorter term. Most importantly, the accountability of states for overseeing the enforcement of soft-law rules could assume a central "best" regulator role; these norms could be made legally enforceable at national level, with further scope for recognition as international state obligations which, when breached, may result in state responsibility for wrongful acts. This perspective is a challenge for legal theory and practice alike. If states have to apply soft law rules in managing their risk-benefit analysis, can they also be called to account for failure to ensure their enforcement? With many states currently reviewing their national licensing mechanisms and considering involvement in overarching efforts relating to space traffic management (STM), enforcing soft law at national level could be a useful tool if combined with further economic instruments that foster sustainability.

AB - Among the many challenges outer space activities face today, two are worth mentioning, particularly from the perspective of "norms of behaviour"; firstly, how to transpose complex, non-binding rules of "post-treaty" soft law onto those involved in outer space activities? Secondly, how to measure the resilience of national authorities in complying with their international space treaty obligations, should their national stakeholders and actors fail to comply with the "soft-law" rules? The increasingly "soft law" requirements for participation in space activities may, paradoxically, drive the call for enforcement of black letter rules one step further. In space, given the urgency posed by debris in LEO, the best practice responses must become evident in the shorter term. Most importantly, the accountability of states for overseeing the enforcement of soft-law rules could assume a central "best" regulator role; these norms could be made legally enforceable at national level, with further scope for recognition as international state obligations which, when breached, may result in state responsibility for wrongful acts. This perspective is a challenge for legal theory and practice alike. If states have to apply soft law rules in managing their risk-benefit analysis, can they also be called to account for failure to ensure their enforcement? With many states currently reviewing their national licensing mechanisms and considering involvement in overarching efforts relating to space traffic management (STM), enforcing soft law at national level could be a useful tool if combined with further economic instruments that foster sustainability.

KW - Law

KW - Space Law

KW - Space Treaty Law

KW - Soft Law

KW - UN Long term Sustainability Guidelines

KW - Outer Space Treaty

KW - Compliance

KW - ISO

KW - Catalogue of standards for National Space Laws

KW - Compliance

KW - Governance in Outer Space

KW - ISO Post-mission Disposal Norms

KW - Liability

KW - National Space Law

KW - Outer Space Treaty

KW - Soft Law

KW - Space Situational Awareness (SSAl)

KW - Space Traffic Management [STM]

KW - Space Treaty Law

KW - State Responsibility

KW - UN Long term Sustainability Guidelines (LTS Guidelines)

UR - http://www.scopus.com/inward/record.url?scp=85063038326&partnerID=8YFLogxK

M3 - Conference article in journal

VL - 71

SP - 431

EP - 436

JO - JBIS: Journal of the British Interplanetary Society

JF - JBIS: Journal of the British Interplanetary Society

SN - 0007-084X

IS - 11

ER -