Cosmic Public Law

Cosmic Public Law is a legal system of permanent obligations assumed by public subjects of space activities (various forms of political-territorial organization of society such as States and similar organizations as well as their unions and associations) regulating the activities of such subjects and the relationships between or among them in Cosmos.

As practice has proved, public international law lacks mechanisms to ensure its implementation. That is, neither the State, the union of states, nor the international community as a whole has a generally recognized executive apparatus capable of legally forcing any State to fulfill its international obligations (except for unlawful force or economic coercion). Moreover, this is impossible in outer space beyond the jurisdiction of all States. Thus, it shall be recognized that in public international law, it is impossible to establish binding rules for all States but only to agree on negotiated obligations.

In this regard, Outer Space Public Law would also consist only of the legal obligations of States (and then only until the relevant States renounce them).

At the same time, such obligations of public actors can be of several types, for example contractual (mutual) obligations (the fulfillment of which is carried out only if they are fulfilled by all parties to the relevant international treaty), unilateral obligations (stipulatio), joint unilateral obligations (Conventionalis stipulatio), and others types of obligations.

These obligations, in formal terms, can be assumed by public subjects together with responsibility for the failure to fulfill such obligations or without such responsibility. However, given the absence of a mechanism for holding public subjects and entire nations accountable, such responsibility would be only a formal element of this law.

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