Full Description
Jan Klabbers, Disagreement Reduced to Writing: Rethinking the Law of Treaties
The law of treaties, embodied in the Vienna Convention on the Law of Treaties, is in a state of disarray, with several key topics having been returned - without much success - for further study to the International Law Commission, and several other well-documented issues relating to the Convention's application. The present contribution aims to explain why the Convention is in disarray, and how state practice and judicial practice aim to overcome this, leading to a slow re-thinking of the law of treaties.
Stephan Hobe, Perspectives for Space Law in the Twenty-First Century
The legal order for human activities in outer space has been written in the 1960ies and 1970ies. However, in view of numerous new commercial space activities, so called New Space, the question is at stake whether this legal order is still sufficient. The author denies this question by criticizing that the current legal order is too liberal in character, putting too little emphasis on the limitation of freedoms, e.g. for the preservation of the environment. He designs a framework for a new international legal order which, by limiting some freedoms for the preservation of the environment of outer space and the celestial bodies for future use, still guarantees progress and autonomy.
Contents
Disagreement Reduced to Writing: Rethinking the Law of Treaties
Foreword
Chapter I. Messiness in the law of treaties
A. Introduction
B. Putting the ILC to work, again
C. Some further messiness
D. The coverage of the law of treaties
E. Causes of messiness
F. Responses to messiness
G. Three fundamental problems
H. Final remarks
Chapter II. Toward the archetype
A. Introduction
B. An overworked instrument
C. Treaty conflict
D. The interim obligation
E. Objective regimes
F. Final remarks
Chapter III. The limited archetype of the VCLT
A. Introduction
B. Toward the archetype: The first circle
C. The second circle
D. The third circle
E. The fourth circle: Integral treaties
F. The fifth circle: The constitution
G. Circle zero: "Unilateral agreement"
H. Final remarks
Chapter IV. The circumvention of disagreement
A. Introduction
B. Escaping binding force: Reservations
C. Rewriting binding force: Interpretation
D. Ending binding force: Termination and withdrawal
E. Avoiding binding force: The (ostensibly) non-legally binding agreement
F. Redirecting binding force: Framing and reframing
G. Final remarks
Chapter V. Conclusions: Rethinking the Vienna Convention?
A. Introduction
B. Some conclusions
C. The invisible college
D. What then?
E. Final remarks
Bibliography
Cases
International tribunals
Domestic jurisdictions
Perspectives for Space Law in the Twenty-First Century
Introduction
Part A. Development of general international law
Chapter I. International law as a law of coexistence
Chapter II. International law as a law of cooperation
Chapter III. International law in the era of globalisation
Part. B. Space law
Chapter IV. One century of development of space technology (1923-2024)
Chapter V. Development of space law
1. The five space treaties
2. Resolutions of the UN General Assembly
3. End of space lawmaking around 2000
Chapter VI. A new space era in the twenty-first century?
1. Space transportation
2. Micro-launchers
3. Large constellations (infrastructures) of satellites
4. Suborbital or non-orbital space activities
5. Spaceports
6. Space stations
7. Mining on celestial bodies (space resource activities)
8. Living on celestial bodies (space settlement)
Chapter VII. A new space law?
1. Legal requirements for new space activities
2. Analysis of existing space legislation in light of new space activities
3. Key requirements for revised or new space legislation compared to existing space law
Summary
4. Can such changes be implemented? Methods of space lawmaking
Part C. Changes to outer space legislation - possible solutions
Chapter VIII. Charges for using outer space
1. The use of outer space costs money
2. Clarification of the legal status of space resource activities: A new law according to Article 11 (5) of the Moon Agreement?
3. Intermediate result
Chapter IX. Space traffic management
1. What is space traffic management?
2. Elements of STM
3. STM and space law: Final remarks
Chapter X. An international fund for space debris remediation
Conclusion Space law in the era of globalisation
Bibliography
