9: Outer Space and Diplomacy Flashcards
outer space
moon and celestial bodies as common heritage of mankind and cannot be appropriated
international space subject to international legal regime
- never subject to appropriation
typically begins 100km above Earth
sources of space law
5 international legal treaties
- outer space treaty, 1967
- liability convention, 1972
- registration convention, 1975
- moon treaty, 1979
5 sets of legal principles governing space-related activities
- UN GA resolutions
customary rules
- states began to enter other space in the late 50s
- US and Russia promptly agreed on basic principles of the legal regime
bilateral treaties
- ISS as a project of several states (European space agency, Russia, China, etc.)
national legislation
- need to adopt appropriate national legislation
basic principles of space law
prohibition of national appropriation
- Art 2 of OST
freedom of exploration, scientific investigation and use
- freedom of access to outer space
state jurisdiction and control over objects launched into outer space and over any personnel
- Art 8 of OST
international responsibility of a state for national activities in outer space
- Art 7 of OST
international liability for damage to another state by an object launched in air/outer space
- Art 7 of OST
presumption of free exploitation of celestial natural resources
- Art 1 of OST, Art 11 of Moon Treaty
prohibition of the use of force in outer space
- Art 3 of OST
- all rules from UN Charter apply in any domain whether it is land, water or outer space
principle of cooperation and reciprocity
status of astronauts as an envoy of mankind in outer space
diplomatic law
traditional domain of law, earliest expressions of IL
objectives
- regulation of diplomatic discourse (monitor situation in host country as a direct, credible source)
- grants protection to diplomatic agents
functions of a diplomatic mission
representing the SS to RS
protecting interests of SS and nationals
negotiation
ascertain by all lawful means conditions and developments in RS and reporting on them
promoting friendly relations
developing economic, cultural and scientific relations
sovereign prerogative of each state and no state can be coerced to establish diplomatic relations (mutual consent)
persona non grata where any member can be declared as such and the SS is obliged to recall the agent
protection of diplomatic mission
privileges and immunities to ensure the efficient performance of the functions of the diplomatic mission since they represent a sovereign state
family members accompanying the diplomat exercise same privileges/immunities since you can exert coercion/force over them and therefore the diplomat
protection of diplomatic mission: privileges
additional rights/advantages to foreign diplomats in comparison with the local population
positive
exemption from all dues and taxes, personal or real, national or regional or municipal, etc.
exemption from personal services, public service and military obligations
exemption from customs duties and inspections
exemption from social security provisions in force
right to use flag and emblem of SS
respect laws and regulations of RS and duty not to interfere in internal matters
protection of diplomatic mission: immunities
allow foreign diplomats to be exempted from national jurisdiction
negative
principle of inviolability
- physical protection of embassies, buildings, premises, person of a diplomat, etc.
- cannot enter premises without consent of the head of the mission
- immune from search, requisition, attachment or execution
personal inviolability
- person of diplomatic agent shall not be liable to any form of arrest/detention
- due respect and RS needs to take appropriate steps to prevent attack on person, freedom and dignity
- rules respected from mutual interest
immunity from jurisidiction
- full immunity from criminal jurisdiction of RS and partial immunity from civil and administrative jurisdiction of the RS which are exercised outside of the professional function
- RS can only resort to calling them persona non grata
- immunity from jurisdiction can be waived by the SS with an express waiver
consular law
representation of a state in administrative issues
- visa issuing, registry office, commercial interests, etc.
assistance to nationals abroad
not a political role but in the capital
some privileges and immunities