A natural system of law? Andrew Hayley and the international legal regulation of outer space

Steven Freeland

    Research output: Contribution to journalArticlepeer-review

    Abstract

    In the end, however, Haley's vision of a natural system of space law did not crystallize entirely as he would have wished. For a whole range of reasons, the international legal order for outer space is at least partially influenced by 'municipal' concerns, even though the underlying principles do emphasize the common interests that all stakeholders have in adhering to the fundamental principles. Yet, as space technology continues to expand at what appears to be an ever increasing rate, and the realm of space fantasy very quickly becomes space reality, there are undoubted challenges, and even threats, to the stability of this legal order. Issues such as the military uses of outer space, its (possible) future weaponization, the problems of space debris and our sometimes apparent disregard to the integrity of outer space, mean that those with space capability find themselves faced with difficult decisions as to how to prioritize their technological prowess. As we celebrate the 50th anniversary of his seminal work, Space Law and Government, therefore, it is very timely that we heed Haley's strong convictions concerning the fundamental sentiments of 'humanity' that should underpin the legal regulation of outer space, in order to avoid the possibility of alternate 'nefarious' scenarios that may be too frightening to contemplate.
    Original languageEnglish
    Pages (from-to)77-98
    Number of pages22
    JournalJournal of Space Law
    Volume39
    Issue number1
    Publication statusPublished - 2013

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