The relations existing among the space law and treaties law on the context of the new internationals juridical relations
By Gabriele Sapio*
Considering the evident fact of that the Space Law constitute itself in a recent field of the Public International Law, once that appeared with the emergence of the Space Age it happened short time more than 50 years ago with the Sputnik mission in 1957 October the 4th. Meanwhile, on these 50 years of space exploration was recording notables progresses since the throwing of the first mankind satellite by the at that time Soviet Union, in full Cold War period, and consequently too verified advancements too in the built ‘s process of the Space Law. Process these last one still in progress, by the simple fact of that the aforesaid field of the Public International Law is recent and still is being edified, as much in doctrinaires proper form, as jurisprudential and techno-legals its.
And as the Space Law encounter itself on its great part founded on 5 big international’s treaties that to treat of space’s matter, is obvious that exists one deep relations among the Treaties Law and the Space Law. These reality, is becoming every time more tangible and easily verifiable by reason of the fact of that since the signature ot the Space’s Treaty of 1967, the most part of the aspects arises on the sphere of the spatial matter were rising aim of consecration by Treaties ‘Law.
Reality these last that had intensified itself in the decades that follow at the feat of Sputnik, by the simples fact of that the most part of the spatial matter becoming to be ruled in others internationals ‘treaties as for example the Moon Treaty of 1979. Furthermore, we’re must of the same form emphasize to effects of analysis the character essentially conventional of the Space Law, the one that become deep the his relation with the Treaties Law. Fulfill still we’re distinguish that by reason of the process of intensification of the necessity of rule itself the most diverse matters of spatial nature as well as with the amplification of themselves as much in proper form of contents as technical nature is obvious that for a better treatment of these matters progressively more relevant in the international sphere, is that will do evermore more necessary the standardization of the spatial legislation and law in a whole scale, of that by this time already grant edge at the necessity of create itself one universal convention that comprise the most different matters in Space Law, in conformity with same specialists on Space Law of the most diverse countries of the world of these first times of the XXIth century.
These undeniable reality can be understood at we’re make na attempt on the fact of that the Spatial Age, which already encounter itself in a new phase of its historical[s development, conduct inexorablely at that stimulate the jurists in the specific way of solve some of the news problems and questions give risen to and still not solved by the mains spatial streaties at the moment in vigor, as well as: the delimitation and definition of out space, the control on spatial pollution and the reduction of the spatial dejects, the management of the spatial traffic, the definition of the term – spatial activity -, the protection of the intellectual property resulting from spatial activities, the rulement of the scientific search as well as of the trade activities in the space and the rulement of the spatial tourism. Being that the existence as well as the persistence of such juridical and techno-legals lacks give cause to the elaboration of na new universal international treaty that coming to treat of uniform form and to become harmonizer of all of this new questions that is rising with the ampliation and the growing progress of the spatial activities. And is therefore, justly this it s the intent of the present search’s proposal, that is of show the growing and every time more deep relations existing among the Spatial Law and the Treaties Law as consequence of the notables advances and conquests proportionate by the defined second spatial ‘s run and its perspectives of make deep of itselves on the elapse of the XXIth century.
As consequence of such search’s proposal, it will do necessary that concentrate ourselves our analyticals attentions on the eventuality of the possible future’s rising of an spatial international juridical order as consequence of the make deep of the relations among the Spatial Law and the Treaties Law. It’s equally, foreseeable we’re investigate if it will be possible the constitution of an authentic spatial law universal’s code as consequence of the elaboration of one universal convention on spatial law, at has the same value and character of applicable for all the countries’ community and not only for the defined spatial powers. As well as we still can to argue about if not will be necessary one correspondent reformation of the juridical teachings not only those of the spatial power effectively recognized as such but of all the world community, of such form at become viable the futures necessaries reforms for the eventual creation of one international spatial juridical’s order that would favor the development of the spatial activities with notable influx on the world economic development too, as last consequence of the process of uniformate of the spatial legislation and law of all the world countries on the way to make asks to the news challenges and demands that elapses of the renewed interest by space by the mains world powers and of the more different world countries on these beginnings of the XXIth Century.
In according to the fact of the present search’s proposal has as objective to demonstrate the relations existing among the Spatial Law and the Treaties Law is that will do necessary we’re analyze the evolution at medium and long term of the amplification of the matters of diverse nature direct and indirectly connected at the spatial exploration, such as trade, technical, scientific and enterprising matters. This fact, is easily comprehensible by the simple fact of that the Treaties Law will enlarge every time more the contents of its international conventional heap considering the process of the become growing complex and every time more accelerate of the internationals juridical relations and this will necessarily implicate on the concentration of the analytical attentions on its intrinsic bulge of the scientific and technical matters, includes among itselves the of nature essentially spatial.
As consequence of that, it will be studied as essentials sources the customs, principles and rules of international law that are commons at the Treaties Law and at the Spatial Law, such as the principle “Pacta Sunt Servanda” and its importance every time more on that concern the evolution of the Spatial Law in the XXIth Century, above all on that concern the growing relevance of the Spatial Tourism and the Intellectual ‘s Protection of the objects made on orbital station and spaceships, the one who will give occasion the existence of an branch of the Treaties Law that come to treat exclusively of contractual matter. They will put on equally one notable importance as key secondary sources for the comprehension of the real measure and dimension of the relations growing deep among the Spatial Law and the Treaties Law the judicial decisions and the doctrine, considering the necessity of one comprehension more scientific and objective of the growing process of become deep of the relations existing among both the referred branches of the international law on the elapse of the XXIth century, by means of the which will may be possible itself foresee the emergence of one authentic Treaties Law applied at the spatial exploration.
Furthermore, fulfill at this respect equally emphasize that will may till the same itself determinate as well as identify one possible process of evolution interlacing progressively the Spatial Law and the Treaties Law, can till the same demonstrate by means of the resort at the cited mains secondary sources at will be utilized on the elapse of the present search the conjoined influence of the sames on the future process of creation of one juridical order altogether new, as for example the Martian Law, as consequence of the eventual future terrestrial colonization of the planet Mars. This is therefore inside of the hypothetical possible expectations resulting of the search’s proposal direct at the corroboration of the growing interchange of the relations existing among the Spatial Law and the Treaties Law considering itself the hypothesis of search with reasonable probability of futurely verify itself of has till the same one fusion among the two branches of the referred kind of law with the finality of give life at one juridical order altogether new in an future not more far.
Considering that the search is theoric, the basic methodology applied on the development of the same will be at of bibliographic search joined at the authors, reviews, scientific works and diverse specialized matters on Spatial Law and Treaties Law. It will be of the same form utilized bibliographic raising at the sources the more diverse.
* Master in Constitutional Law at UFC - Brazil and Doctoring in Juridical and Social Sciences at UMSA - Argentina