Private international law (conflict of law rules) for human presence of long term in the space

Souichirou Kozuka, Fumiko Masuda

Research output: Chapter in Book/Report/Conference proceedingConference contribution

Abstract

The conflict of law issues with regard to space activities has been relatively underexplored. At first sight, it appears that the provision in the Outer Space Treaty that provides for the exercise of "jurisdiction and control" by the state on whose registry the space object is carried solves the problem easily. However, a closer look at a few hypothetical cases reveal that the issue is not so simple, and that the application of the law of the state of registry does not always read to a reasonable result. Therefore, a more careful examination is necessary, referring to the general principles of conflict of laws, as well as the existent discussions on the conflict of laws with regard to the activities on or over the High Seas (namely the maritime and aviation cases of conflict of laws), with due regard to the space law rules generated by, in particular, the United Nations space law treaties.

Original languageEnglish
Title of host publication65th International Astronautical Congress 2014, IAC 2014
Subtitle of host publicationOur World Needs Space
PublisherInternational Astronautical Federation, IAF
Pages10263-10270
Number of pages8
ISBN (Electronic)9781634399869
Publication statusPublished - Jan 1 2014
Externally publishedYes
Event65th International Astronautical Congress 2014: Our World Needs Space, IAC 2014 - Toronto, Canada
Duration: Sep 29 2014Oct 3 2014

Publication series

NameProceedings of the International Astronautical Congress, IAC
Volume14
ISSN (Print)0074-1795

Other

Other65th International Astronautical Congress 2014: Our World Needs Space, IAC 2014
CountryCanada
CityToronto
Period9/29/1410/3/14

ASJC Scopus subject areas

  • Aerospace Engineering
  • Astronomy and Astrophysics
  • Space and Planetary Science

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  • Cite this

    Kozuka, S., & Masuda, F. (2014). Private international law (conflict of law rules) for human presence of long term in the space. In 65th International Astronautical Congress 2014, IAC 2014: Our World Needs Space (pp. 10263-10270). (Proceedings of the International Astronautical Congress, IAC; Vol. 14). International Astronautical Federation, IAF.