فصلنامه علوم و فناوری فضایی (Mar 2020)

The current framework of Space Law approach to commercial space activities: prescriptive or restrictive

  • s. Hadi Mahmoudi,
  • Rohollah Rohami,
  • Hamid Heidaree

DOI
https://doi.org/10.30699/jsst.2020.1166
Journal volume & issue
Vol. 13, no. 1
pp. 25 – 38

Abstract

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By incorporating provisions in Space Law documents, gateway for commercial space activities was opened. From the era of space treaties, commercial uses always are getting faster Due to the increasing of players and development of new technologies. Although the current framework does not comply with the legal issues arising from rapid and ongoing process, the provisions of these instruments have so far been the basis for action by governments & Non-governmental Orgs. in carrying such activities. This paper assuming the need to further development of space law in terms of its commercial dimension, but intends to consider the possibility or refusal of commercial activities and the status of soft law through international cooperation and development of national space legislation to relative normality of space. An initial review indicates the prescription of these activities, despite the cessation of contractual normalization and existence of constraints derived from principles such as the prohibition of appropriation, the common heritage of mankind & equitable sharing.

Keywords