TRACKING THE EVOLUTION OF CUSTOMARY RULES IN INTERNATIONAL SPACE LAW

摘要

The established United Nations space treaties have become insufficient to tackle existing space-related problems. Moreover, there is minimal political will to create a new treaty. As a result, there is a shift from binding treaties to non-binding legal instruments in space law. This trend may also change the role of custom in space law. With the evidence of State practice and of opinio juris, these non-binding legal instruments may have attained the status of custom. As a consequence, space law instruments that are not binding initially may eventually become binding. Custom currently plays a marginal role in space law. Some provisions of the Outer Space Treaty, with the participation of sufficient evidence of State practice and of opinio juris, have eventually attained the status of customary international law (CIL). Non-binding space law instruments may be strong candidates to become CIL. With the absence of binding modern legal instruments, the CIL potential of non-binding instruments will likely have important effects on the future of space law.