Space law can be described as the set of laws governing space-related activities. Space law, like general international law, encompasses a variety of international agreements, treaties, conventions and resolutions of the United Nations General Assembly, as well as rules and regulations of international organizations. The delimitation between airspace and outer space is not yet legally defined. The space treaty, “Convention on International Liability for Damage Caused by Space Objects”, known as the Liability Convention (197), describes the liability of launching States for damage caused by their space objects, both on Earth and in space, as well as the procedures for resolution of claims for damages suffered.
However, such use must be in accordance with international law, including the Charter of the United Nations, which prohibits the threat or use of force against other States (Article 2 (). The McGill Institute of Air and Space Law leads multiple international collaborative projects to help clarify international space law and promote a rules-based world order. In 1960, the International Institute of Space Law, a non-governmental organization, was established to promote international cooperation in the process of drafting space laws. The Outer Space Treaty also incorporates the Charter of the United Nations by reference, and requires parties to ensure that activities are carried out in accordance with other forms of international law, such as customary international law (the custom and practice of States).
Fundamental space treaties, with much or little support, the international space law community transitioned to the development of voluntary consensus principles and guidelines for space operations, debris mitigation and space sustainability. The treaty was the founding body of space law and has inspired several other international conventions and agreements. Since 1951, McGill Law School in Montreal, Canada, is home to the Institute of Air and Space Law and offers an LL. Article III is an operative part of the treaty and recognizes the application of the Charter of the United Nations, which respects the sovereignty of States, up to acts of aggression.
The Liability Convention describes the liability of launching States for damage caused by their space objects both on Earth and in space. It also includes instruments, institutions and mechanisms; national laws, regulations, technical standards and procedures; codes of conduct and confidence-building measures among space actors; all of which are discussed, formulated and implemented at various levels of government. The origins of space law date back to 1919, with international law recognizing the sovereignty of each country over airspace directly over its territory, later reinforced by the Chicago Convention in 1944.Under most domestic legal instruments, an individual or industry could initiate a lawsuit against another person or industry, but with respect to international space law, the Liability Convention determined that States are ultimately responsible even if an incident is caused by an actor private. Currently, the international space law regime grants legal authority to regulate and manage space activities to nation States, not international organizations, through Article VI of the Outer Space Treaty.
The space treaty “The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched to Outer Space”, called the Rescue Agreement (196), states that States must take measures to rescue and assist astronauts in the event of an accident, danger or emergency landing, and return them to their launch state, in addition to helping launch states recover space objects returning to Earth outside the native launch state. .