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Some Preliminary Space Law Principles for Consideration by ICAO

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Regulation of Commercial Space Transport

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Abstract

United Nations Resolution 1721 (XVI) established the primary principle that international law, including the Charter of the United Nations applies to outer space and celestial bodies and that outer space and celestial bodies are free for exploration and use by all States in conformity with international law and are not subject to national appropriation.

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Notes

  1. 1.

    Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, signed at Washington, London, Moscow, January 27, 1967.

  2. 2.

    Dembling and Daniel 1968, pp. 630–663 at 643.

  3. 3.

    Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries.

  4. 4.

    In 1958 The United Nations established the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), an ad hoc committee in order to consider the activities and resources of the United Nations, the specialized agencies and other international bodies relating to the peaceful uses of outer space international cooperation and programmes in the field that could appropriately be undertaken under United Nations auspices;

    organizational arrangements to facilitate international cooperation in the field within the framework of the United Nations; and legal problems which might arise in programmes to explore outer space. In 1959, the General Assembly established the Committee as a permanent body and reaffirmed its mandate in Resolution 1472 (XIV). In 1961, the General Assembly, considering that the United Nations should provide a focal point international cooperation in the peaceful exploration and use of outer space, requested the Committee, in cooperation with the Secretary-General and making full use of the functions and resources of the Secretariat; to maintain close contact with governmental and non-governmental organizations concerned with outer space matters; to provide for the exchange of such information relating to outer space activities as Governments may supply on a voluntary basis, supplementing, but not duplicating, existing technical and scientific exchanges; and to assist in the study of measures for the promotion of international cooperation in outer space activities.

  5. 5.

    Abeyratne 2004, pp. 185–205.

References

  • Abeyratne R (2004) ICAO’s involvement in outer space affairs—a need for closer scrutiny. J Space Law 30(2):185–202

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  • Dembling PG, Arons DM (1968) The treaty on rescue and return of astronauts and space objects. William Mary Law Rev 9:630–663 at 643

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Correspondence to Ruwantissa Abeyratne .

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Abeyratne, R. (2015). Some Preliminary Space Law Principles for Consideration by ICAO. In: Regulation of Commercial Space Transport. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-12925-9_5

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