ANALOGUES BETWEEN SPACE LAW AND LAW OF THE SEA/INTERNATIONAL MARITIME LAW: CAN SPACE LAW USEFULLY BORROW OR ADAPT RULES FROM THESE OTHER AREAS OF PUBLIC INTERNATIONAL LAW?

摘要

Space Law is a part of (or a sub-specialtywithin) public international law. Space law borrowedin its formation from the Antarctic Treaty and morerecently suggestions have been made that the spacelaw regime could usefully draw models frominternational air law. Less explored are possiblemodels the space law regime could borrow, withappropriate adaptations, from the Law of the Sea andinternational maritime law. Indeed, this examinationreveals that the Law of the Sea, specifically thedetailed duties it lays out for flag states regardingvessels, and international maritime law, specificallyprinciples of liability salvage or salvage awards basedon efforts to protect the environment, may provideuseful analogues, if appropriately adapted, in thespace law regimes' efforts to combat space debris.Thus, space law in its evolution must be careful tolook towards multiple other public international lawregimes in its search for adaptable models to solvevexing problems of outer space activities, such as theissue of space debris.