Soft Law in Outer Space : : The Function of Non-binding Norms in International Space Law / / Irmgard Marboe.

• HerausgeberIn: Marboe, Irmgard,
• Place / Publishing House: Köln : : Böhlau Verlag, , [2012]; ©2012
• Year of Publication: 2012
• Language: English
• Series: Studien zu Politik und Verwaltung ; Band 102.
• Physical Description: 1 online resource (420 pages).
• Notes: Bibliographic Level Mode of Issuance: Monograph

Non-binding norms have become increasingly popular in the law of outer space. After the 1979 Moon Agreement, no further international treaty has been adopted. Instead, a number of non-binding instruments, has been produced. This book analyzes to what extent such “soft law” – even if the term is sometimes criticized – fulfills its function and has in fact an influence on States and private actors in their conduct of space activities. The authors are academics and practitioners and discuss, after a general theoretical introduction, the different instruments in the fields of space debris, nuclear power sources, remote sensing, registration practice, liability, and demilitarization.

Table of Contents

Frontmatter -- Editor’s Preface -- Content -- The Role of ‘Soft Law’ in Public International Law and its Relevance to the International Legal Regulation of Outer Space -- Contradictio in terminis or Realpolitik ? -- The Function of ‘Soft Law’ in the Development of International Space Law -- ‘Regulatory Impact Assessment’ — A Tool to Strengthen Soft Law Regulations -- Soft Law in Space Activities — An Updated View -- The Importance of Guidelines and Codes of Conduct for Liability of States and Private Actors -- The ‘Declaration of Legal Principles Governing the Activities of States in the Exploration of Outer Space’ : The Starting Point for the United Nations’ Law of Outer Space -- The 1982 UN Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting -- The UN Principles Relating to Remote Sensing of the Earth from Outer Space and Soft Law -- The Launching State and the Registration Practice Resolutions as ‘Kick Off’ for a New Phase in Space (Soft) Law Development -- The United Nations Principles Relevant to the Use of Nuclear Power Sources in Outer Space : the Significance of a Soft Law Instrument after nearly 20 Years in Force -- The STSC/IAEA Safety Framework for Space Nuclear Power Source Applications — Influence of Non-binding Recommendations -- The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States -- The Legal Status of the 1996 Declaration on Space Benefits : Are Its Norms Now Part of Customary International Law ? -- Space Debris Mitigation -- The role of binding and non-binding norms in the implementation of small satellite programmes -- The European Union’s Initiative for a Code of Conduct on Space Activities: A Model of Soft Law for Outer Space ? -- A Soft Law Approach to Prevent the Weaponisation of Outer Space -- Analysing International Reactions to Soft Law Initiatives on Space Security -- Selected Bibliography on Soft Law in Outer Space -- List of Authors -- Index -- Backmatter