9: Outer Space and Diplomacy

Question 1

outer space

Answer 1

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

Question 2

sources of space law

Answer 2

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

Question 3

basic principles of space law

Answer 3

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

Question 4

diplomatic law

Answer 4

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

Question 5

functions of a diplomatic mission

Answer 5

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

Question 6

protection of diplomatic mission

Answer 6

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

Question 7

protection of diplomatic mission: privileges

Answer 7

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

Question 8

protection of diplomatic mission: immunities

Answer 8

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

Question 9

consular law

Answer 9

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