In search of the current legal status of the registration of space objects

研究成果: Conference contribution

抄録

The legitimate source of the "jurisdiction and control" over a space object and personnel thereof is supposed to be the registration of a space object in accordance with Article VIII of the Outer Space Treaty and the Registration Convention. However, it is not rare that a State which retains "jurisdiction and control" in accordance with such treaties cannot revoke a license or impose civil penalty in case of the unlawful act through the space objects because it lacks control. This article studies the legal status of the registration of space objects to consider the attribution of international responsibility in space activities. The study of states practices will lead to the conclusion that in many cases, ownership of a space object is used as a test by which a state exercises jurisdiction and that link functions stronger than the authentic link of the act of registration. Such situation makes it difficult to identify which country or countries are internationally responsible for a certain space objects and space activities, thereby compromising the healthy development of space activities, especially those of the private sector. Under such circumstances, practical measures to address the problem are considered taking into account the recent developments of the international space law including the 2007 UN recommendations on enhancing the practices in registering space objects. The conclusion is that the remedies of the registration system of space objects will be enabled if the legitimate enforcement jurisdictions will be exercised through the internal arrangements and national space laws.

本文言語English
ホスト出版物のタイトル61st International Astronautical Congress 2010, IAC 2010
ページ6624-6634
ページ数11
出版ステータスPublished - 2010 12 1
イベント61st International Astronautical Congress 2010, IAC 2010 - Prague, Czech Republic
継続期間: 2010 9 272010 10 1

出版物シリーズ

名前61st International Astronautical Congress 2010, IAC 2010
8

Other

Other61st International Astronautical Congress 2010, IAC 2010
CountryCzech Republic
CityPrague
Period10/9/2710/10/1

ASJC Scopus subject areas

  • Aerospace Engineering
  • Astronomy and Astrophysics

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