ISSUES OF INTERPRETATION

We have to admit the fact that as of today there is practically no official interpretation of the terms of Outer Space Law (even such controversial terms as “Outer space law”, “objects launched into space”, “spacecraft”, “peaceful purposes” and similar).

In the scientific literature many researchers also often do not provide any interpretation of the terms of Outer Space Law but use them by default.

All in all, existing scientific interpretations of a limited number of terms in some scientific works often have significant differences.

Take for instance the term “Space law” (or “Outer space law”).

Francis Lyall underlines in his book “Space Law” that «At its broadest space law comprises all the law that may govern or apply to outer space and activities in and relating to outer space»

At the same time, Francis Lyall compares “Space law” with “family law” or “environmental law” and explains his interpretation by the fact that “Space law” is determined by the object to which it is applied and not by its classical rational development.

In turn, Fabio Tronchetti in his book “Fundamentals of Space Law and Policy” gives a more specific interpretation of “Space law” (which most scientists adhere to): «The term ‘‘space law’’ is used concerning the set of international and national rules and regulations governing human activities in and relating to outer space».

That is, both researchers provide different interpretations of the same term. And if Francis Lyall’s interpretation presupposes the existence of private regulation of space activities, then Fabio Tronchetti’s interpretation has a purely state character.

Under these circumstances, the mentioned interpretations do not take into account that Cosmos is an “alien room” for states and for people in which they cannot establish their own rules. Therefore, the legal acts of the United Nations and other international organizations, which form the basis of Public Space Law mainly take the form of “Conventionalis stipulatio” and accordingly cannot establish binding rules for everyone.

Moreover, existing interpretations of “Space law” do not imply the possibility of the emergence of multiple legal systems regulating space activities built on different ideologies and principles, including those created by both people and extraterrestrial intelligent beings.

At the same time, it is worth noting that Francis Lyall suggested that “Space law” can consist not only of official legal acts but also of contracts and similar documents created by private individuals, with which the author fully agrees. Furthermore, the author believes that private agreements would form a new legal system of “Space Law”, – the so-called Outer Space Private Law (or Cosmic Private Law).

In turn, Fabio Tronchetti indicated that one of the main goals of “Space law” concerning States is «preventing the emergence of tensions and conflicts among the subjects involved in outer space activities», with which the author also agrees. Moreover, the author believes that any agreements between or among States (including international treaties, Resolutions, Declarations, and UN Conventions) would form a separate legal system of “Space Law”, – the so-called Outer Space Public Law (or Cosmic Public Law).

It shall be noted that the problem of interpretation of terms significantly slows down the development of “Outer Space law” and makes it ineffective, and therefore, in other studies, which at the same time are being conducted by the author along with other researchers, scientific interpretations of many terms will be presented as well as legal conditions of space activities, including those related to the delimitation of outer space and the spatial-territorial domain of the State (that is, delimitation of jurisdiction) and many others.

However, it shall be recognized that all these interpretations have a scientific basis but are not official interpretations recognized by States at least at the level of the United Nations.

Pursuant thereto, the author insists on the need for the most rapid official approval of the terminology and interpretations of all terms of the Outer Space law, which would make it possible to clearly understand the provisions of the Outer Space law and avoid “Fraus legi fit” as well as effectively use it for cooperation and prevention of conflicts in “Cosmos”.