Essay on "International Law in Outer Space"

Essay 10 pages (1825 words) Sources: 57 January 31, 2022

[EXCERPT] . . . .

Legal Regulations of Outer Space in the 21st Century

Brief Background

The fundamental principle of international air law mentions that the aerial region above the specific territorial region is the owner of that state’s government (Cheng, 2019; Hugin, 1951). However, space over the seas was free, and the need for treaties was felt, such as the Paris Convention on the Regulation of Aerial Navigation (1919) and the Chicago Convention on International Civil Aviation (1944) (Space Legal Issues, 2022; ICAO, no date).

Also, the need arose in more intensity during the First and Second World Wars. War aircrafts had to enter from one region’s airspace to another, creating suspicions that it might be the enemy’s aircraft (Sand, Freitas, and Pratt, 1960-61). Germany’s trespassing with an air balloon over the French territory caused a stir for the safety of national interests and conflicts in international relations (Kareng, 2020). The common law jurisdictions were observed being conducted in the court during the 19th Century. The rules had to be devised for this very reason with a strict eye so that air navigation does not create a reason for war. Several decrees, doctrines, documents, and court laws and conferences had to be voiced for marking the limitations and giving a decisive attitude for civil aviation (Mosteshar, 2019; Kleinberg, 2007).

The uniformity in the international laws, especially for the international airlines, was missing in the initial days. The issue was addressed with 1919’s International Air Transport Association (IATA) conference leading to the Warsaw Convention of 1929 (Saljooqi, 1967; Beumont, 1955). It further progressed to the initiation of the Chicago Convention signing in 1944, which was deemed highly necessary during the Second World War. Gradually, several international laws came from British Commonwealth, the United States, Communist Block, and Japan (Kareng, 2020).

International Relations Theories

Conventionally, there are two major theories of international relations (I.R.): liberalism and realism (Gold and McGlinchey, 2017). In the light of the liberalism theory of I.R., it is believed to be a state of utopia where human beings’ primary desire is to have peace between nations. This need is not only anticipated but also achievable. Immanuel Kant believed that the more nations are liberal, the more there would be peace and harmony in the world (Simpson, 2018).

When it comes to the realism theory of I.R., it is found skeptical how the proponents of social order and peace came to be involved in the First and Second World Wars since the basic idea of realism originated after the Second World War. When realism theory is discussed, Thomas Hobbes’ name comes into the limelight, which was proposed that there should be a ‘social contract’ to maintain a state of nature between the ruler and his people (Gallarotti, 2013). It is human nature to have conflict; one person’s opinions would not match the others, creating a clear conflict or sometimes wars when political influence comes (Finucane, 2013).

Air and Space Laws

The air and space laws were developed a long time ago to benefit the territories whose air space has been used by other individuals. The air law was formulated by saying that the complete sovereignty of that state is owned by only that government whose air region is used by aerial vehicles (National Law University, 2012, 1). Article 1 of this law stated that if the international flights have to enter an air space of a country, they would have first to take permission of that government and then authorize their scheduled flight to enter their air territories. Usually, the states had to enter formal bilateral agreements for letting each other allow passing through their aerial regions.

The space law was devised when space was first seen majorly between the two big nations, the United States and USSR. Article 1 of the Outer Space Treaty indicated that the exploration of outer space would be done to better the specific territories’ interests so that the entire benefit could be given to humankind (National Law University, 2012, 204). The general idea was to benefit the whole of humankind, not the particular people of the territories. The interpretations of this law are subjected to one’s thinking as the boundaries are still not clear. However, other parts of the Article are noteworthy that space is one for exploration and on an equality basis.

International Relations and Air Space Laws

The traditional international law in Montevideo Convention 1933 defines the state as the region with a definite population, a governing body, and people who enjoy the benefits of the state as social welfare (Erotokritou, 2012). Article 3 in the same convention talks about the political independence of the state that should not be meddled by other states (University of Oslo, no date). The basic principles in this regard were identified by the Treaty of Westphalia that pointed out non-violation of the borders, territorial integrity, a State’s sovereignty, and the law-making body as important features (Patton, 2019).

Sovereignty can be defined as the state’s ultimate power for making decisions that would be responsible for maintaining order (Britannica, 2020). It is the supreme power of any state’s authorities that should devise even the international agreements for the benefit and peace of their nation. A sovereign state has the right to exercise its legal, judicial, and executive powers for all matters under its territorial boundaries (Beale, 1923).

After the popularity of a Latin proverb in the 13th Century, it was launched into English law by William Blackstone, cited… READ MORE

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