Taking a Firm Step: Reviving International Law
摘要
Finally, this chapter of the monograph proposes solutions “towards a firm step for international law”: It explains why a State agreement on a series of “soft law” principles or guidelines will ultimately not overcome the current legal impasse, as such instruments can only operate intra legem. It warns that the long-term development of customary rules based on existing national legislations will result in a fragmentation of engagements and will therefore fail to deliver the desired universality. Instead, it advocates for the establishment of a binding international legal regime—either through an ad hoc instrument or as part of a new comprehensive treaty on outer space—as the most effective and secure path forward. This treaty-based approach could be modeled on existing, well-tested frameworks, such as the international legal regime governing the exploitation of the deep seabed, which is approached in detail. However, should the international space community remain reluctant to undertake new treaty obligations, the book proposes a solution that has never before been pursued: referring the matter to the International Court of Justice for an advisory opinion, through the mechanism provided by Article 96 of the UN Charter.