About the Project
When exploring Outer Space Law, it is necessary to understand that its main creators are diplomats and politicians who have not participated in space activities and/or lack the necessary experience in legal scientific, and/or practical activities in this area.
Since the 1960s, legal professionals began to participate in developing Space Law, mainly through their activities in The Committee on the Peaceful Uses of Outer Space (COPUOS). However, the final decision remained with politicians (diplomats, ministers, and presidents), who constantly interfered in the creation of Space Law. At the same time, politicians often adopted legal acts considering only their political interests and to the detriment of legal principles and the interests of humanity.
Accordingly, most legal acts developed with their participation are full of pathos and demagoguery but have little practical effect. Moreover, most of the provisions of the main legal acts on Space were formed directly by the leaders of several space superpowers. They still dictate the conditions to the whole world.
It shall be recognized that today Space Law has been usurped by a small group of states that have the best technology and the greatest influence in the world. Unfortunately, some well-known legal scholars in Space Law directly or covertly lobby the interests of these states. They created a kind of caste of “Lawyers of Space Law”, making Space Law inaccessible to other lawyers and to ordinary people.
In this regard, as of today Outer Space Law can hardly be called a system of legal norms or even a complex of legal provisions and theses, and even more so it cannot be called a well-functioning and effective legal mechanism.
It is more than likely that Outer Space Law can be compared to a web consisting of hundreds of international and national legal acts and thousands of legal norms and theses, often contradictory to each other or existing in parallel and independently of each other.
In some ways, current Outer Space Law is somewhat reminiscent of the pirate laws of the Middle Ages, which consisted of general pirate non-binding regulations (on the similarity of the Resolutions and Declarations of the United Nations General Assembly) and strict pirate ship-specific rules (similar to national legislation).
In this regard, it is difficult not only for an average person but even for a professional lawyer to understand which legal provisions are common and binding for everyone, and which ones contradict each other in the context of international and national legislation.
There are several possible reasons for this state of affairs.
The first reason is the complete absence of an analytical legal database containing all legal acts in the field of regulation of space activities and publicly available legal analysis of specific legal provisions and theses of these acts. Furthermore, such a database shall contain legal acts issued by both the United Nations and national legislative bodies.
Moreover, all states shall have international obligations to timely provide such a database with their national legal acts concerning space activities regulation (including provisions that may contradict international norms).
In turn, all lawyers and other specialists in the regulation and implementation of space activities from all over the world shall have access to legal analysis and discussion of specific legal provisions and theses of these acts.
The second reason is the inability to track the evolution of the norms and legal theses of Outer Space Law and their changes, additions, or repeals over time.
The third reason is the lack of access for all humanity to discuss and vote on the legal provisions of Outer Space Law that make Cosmos the property of a small group of States and space activities inaccessible to all humanity.
The above reasons have led to shortcomings in Outer Space Law, its ineffectiveness and confusion. In turn, the current situation requires immediate scientific research in the field of Outer Space Law to find positive solutions that will eliminate the above reasons and, as a result, avoid national rivalry and military conflicts in space activities.
Оne solution may lie in the development of the unified worldwide analytical legal platform of Outer Space Law (Cosmic Law Portal), which shall allow for solving the following tasks:
– development of a database of Outer Space Law that shall contain legal acts of the United Nations and national legal acts of all countries as well as a legal analysis of their provisions;
– enabling tracking of the evolution of legal theses, provisions, and principles that were formed in the process of adopting the above acts;
– providing access to everyone who wants to participate in the regulation and implementation of space activities.