The place of the Missile technology control regime (MTCR) in international space law

Abstract

This paper aims to discover the legal relation between the principle of ballistic missile non-proliferation, as fixed in the MTCR, on one side, and the principles of outer space free exploration and use (free access) and non-appropriation, as set up by the 1967 Outer Space Treaty, on the other side. It is an attempt to establish the hierarchy of these two sides to determine which of them is the top one and, consequently, takes priority over the othr. So it is supposed to answer the question whether the right of free access to outer space and the obligation not to appropriate outer space could be subordinated to the rule of ballistic missile non-proliferation, as happens today in some cases. This paper seeks to define and quality the present place of the MTCR in international space law, as well as to point out what should be done to make sure it is applied as effectively as possible.