Sources of Int'l Law
This Article of the ICJ Statute identifies treaties, custom, and general principles as primary sources of international law.
What is Article 38(1) of the ICJ Statute?
This principle means agreements must be kept.
What is pacta sunt servanda?
Outer space is free for the exploration and this by all states.
What is use?
The Beresheet mission controversy centered on accidental inclusion of this biological material.
What are tardigrades?
This agreement requires returning astronauts to the launching authority.
What is the Rescue and Return Agreement?
This source develops from state practice plus opinio juris.
What is customary international law?
Under VCLT interpretation rules, treaty terms are interpreted in good faith according to their ordinary meaning, in context, and in light of this aspect of the treaty.
What are object and purpose?
The Outer Space Treaty provides that space is not subject to this by claim of sovereignty, use, occupation, or any other means.
What is national appropriation?
This international body publishes planetary protection guidelines.
What is COSPAR?
This treaty establishes a registry system for space objects.
What is the Registration Convention?
These are not binding law but often shape state behavior in space governance.
What are soft law instruments (guidelines, principles, political commitments)?
These materials may be used when interpretation remains ambiguous.
What are supplementary means of interpretation (travaux préparatoires, negotiating history)?
States are internationally responsible for national activities in space, including private actors, under this article.
What is Outer Space Treaty Article VI?
COSPAR guidelines are generally considered this type of law.
What is non-binding soft law?
Registration supports legal clarity regarding this principle of jurisdiction.
What is jurisdiction and control over space objects?
In space law, widespread consistent licensing or registration practices may contribute to the formation of this.
What is customary international law?
This VCLT article explains that treaties generally do not create obligations for states that are not parties (pacta tertiis nec nocent nec prosunt).
This responsibility from Article VI, OST, explains why states supervise private launch and satellite activity.
What is the responsibility for authorization and continuing supervision?
The tardigrade case raised concerns about this obligation under the Outer Space Treaty.
What is avoiding harmful contamination (Article IX)?
This agreement calls the Moon and its natural resources the “common heritage of mankind.”
What is the Moon Agreement?
This doctrine related to the formation of customary international law is helpful to address the reality that few states conduct space activities.
What is specially affected states?
A treaty norm from which no derogation is permitted is called this.
What is jus cogens?
Article IV prohibits states from placing these in orbit.
What are nuclear weapons and weapons of mass destruction?
This broader concern was raised in the third tardigrade article.
What is the concern that fragmented national oversight may be insufficient, and more international governance may be needed?
One reason the Moon Agreement is controversial is that major spacefaring states largely did not do this.
What is ratify/accede to it?