New insights into space activities regulation: ab origine to contemporary

Abstract

The research presents new perceptions on the process of regulating space activities based on a synthesis of innovative approaches to regulating such activities and analysis of documents adopted by the international community in this area over the entire period of development of space activities. First of all, the research raises the issue of the format of the existing Space Law (including the form of Conventionalis stipulatio) as well as the question of the possibility of the emergence in the future of several new legal systems to regulate space activities. In this regard, the list of subjects and objects of space activities and space law is revised, and options for their classification and new interpretations are proposed. In addition, at this stage of the research, a proposal is presented for applying a new approach to organizing the legal space of the Universe taking into account the principles of “domestic room” and “alien room”. At the same time, this proposal also includes the use of new methods to determine the spatial-territorial jurisdiction of States. Thus, instead of searching for the border between airspace and outer space (which has not yet been successful), the question of the possibility of dividing the entire aerospace into several special layers is considered, namely, a layer of spatial security of States, a layer of spatial security of humanity, and open space. Additionally, the research emphasizes the gradual formation in 1958 – 1963 of the first four most important General Principles for Space Activities, which in the future may become the basis for the development of Outer Space Public Law aimed at the benefit of all humanity. According to the author, the findings of this research can be useful to form a new insight into the process of regulating space activities and develop new forms and types of Space Law that will change the international situation in this area for the better.