Abstract
This paper is dedicated to the research of the concept of jus cogens norms in international space law. The author is proving existence of the peremptory norms in international space law by the global public interest of the international community in outer space, which occurs first of all because of nature of outer space, its physical characteristics and prospects of exploration and use it gives to States. The author is analyzing opinions of some highly qualified publicists in sphere of international law according to the specific jus cogens norms regulating outer space activities. The theoretical basis of this paper includes studying the scientific researches of such authors as A.D. McNair, A. Cassese, A. Orakhelashvili, R. Jakhu. This paper also includes researching legal nature of some of jus cogens norms in international space law, in particularly, the principle of non-appropriation of outer space and the principle of freedom of exploration and use of outer space for the benefit of all States. DOI: 10.5901/mjss.2015.v6n6p421
Highlights
The concept of jus cogens norms has occurred in the positive international law recently and since it has been covered by the mist of uncertainty
If we look at the first part of definition of peremptory norm which is embodied in the Vienna Convention of 1969, which says that jus cogens norm is a norm accepted and recognized by “the international community of States as a whole” (Vienna Convention on the Law of Treaties, art.53), we will see the similarity to development of customary norm, where one of the elements is “general practice” (Statute of the ICJ, art.36)
This research allows me to draw some conclusions about the origin and existence of jus cogens norms in international space law
Summary
The concept of jus cogens norms has occurred in the positive international law recently and since it has been covered by the mist of uncertainty. The Commission has specified that the full content of the article dedicated to the jus cogens norms has to be developed by States and international courts practices (Yearbook of the ILC, 1966, Vol II). Both States and judicial authorities use this concept very carefully and unwillingly and avoid classifying norms as peremptory ones. We should agree with this remark and in my opinion this excessive myphologization of the jus cogens norms negatively affects the progress of international legal doctrine and the system of international law itself
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