Scholarly record

CUSTOMARY NORMS IN INTERNATIONAL SPACE LAW: CURRENTS STATUS AND FUTURE PERSPECTIVES

Irina Chernykh

Abstract

This paper explores the role and the place of the customary norms in the international space law – the branch of international public law. The main aim is to analyze current international customary norms from the historical and contemporary point of view and to define perspectives for appearance of new customary norms in international space law. The paper strives to identify whether the current customary norms exist and internationally recognized or not and whether international community is ready for new customs, providing security and effectiveness of space activities. The research has accumulated the data from the national legislation and practice of the Participant-States in space activities on transformation of current customary norms. The paper includes the comprehensive analysis of the Member-States proposals on the meaning of the customs for international legal regulation of space activities in the framework of the United Nations Committee on the Peaceful Uses of Outer Space. The research methodology rests on the practice of the States that are engaged in space activities or have national space legislation. The paper ends up with the contradiction of the existence some customary norms in the sphere of the international space law, but at the same time with the acknowledgement of the important role of international customary norms for sustainable development of space activities and international space law in the whole.

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