(Outer) Space - Fascination since the first days of mankind In general:
It is as old as mankind and the source of many dreams: immense, intangible, unknown, to reach out for the stars - everything seems possible.
The names of planets and stars are often mentioned related to God and other important figures of mythology. Countless books and films are dealing with space travels.
It is comparable to the attraction of the deep sea and of places which still keep their secrets.
For lawyers in particular:
It means dealing with legal problems arising from the exploration and utilisation of outer space (commercial, scientific, military use etc).
Examples:
Who is liable for damages caused by a satellite, a space station or burnt-out engines of a rocket crashing down on earth?
Is the moon subject to property rights?
Does international law allow spying out individuals with satellites? Which legal remedies does an individual/a country have against it?
What happens if an astronaut (or a tourist) on International Space Station (ISS) causes the death of another person by negligence or even with premeditation? Under the jurisdiction of which court is he? Which country's law has to be applied?
Which has to be the legal framework to make space tourism possible?
Which should be the clauses of a space transportation contract / an insurance contract?
What is Space Law
Space law is a legal framework in order to achieve goals which are connected with the exploration and utilisation of outer space and in order to avoid undesired conditions related to space.
Desired goals and undesired conditions are defined in political decision making procedures which proceed legislation.
Space law contains all legal norms which are applied to the exploration and use of outer space.
The Development of the Space Law The international community of states reacted on the beginning of the use of outer space in the 60s, with the development of the space law.
For this purpose, the general assembly of the United Nations (VN) found in 1959 a constant committee (COPUOS), that should be concerned also with the elaboration of an international legal order for space.
The first and fundamental international-law agreement of the space law is the space contract of 1967. It specifies principles, which regulate the space activities of states. Afterwards the acquisition of sovereignity rights at parts of space, at the moon is impossible and at other heavenly bodies (art. II). Weapon systems, which put back only one partial orbit, in order at their goal to arrive (ballistic rockets with nuclear explosives, or military reconnaissance satellites) are permitted.
But the free entrance to outer space is not regulated. Also "outer space" in the space contract is not defined.
The space contract also specifies the adhesion for damage by space activities (art. vii). States, which launch objects into space, let launch, offer their territory or their plants for launches, are in principle absolutely responsible for damages to property and body, which such an article on earth, in the air or in space, causes.