The Commonality Principle in Social Obligations of States with Regard to the Exploitation of Outer Space
In: International journal of politics, culture and society, Band 12, Heft 1, S. 165-185
ISSN: 0891-4486
The principle of commonality & emergent trends in recognition of related international law are examined in conjunction with the provisions of the Outer Space Treaty. The principle of commonality is rooted in the jurisprudential theory of monism, which holds that international law is supreme over national law. In its application to space law, the principle means that outer space belongs to mankind in common & no state can claim sovereignty. The use of space technology also follows the principles of customary international law. Thus, space law, in following international & treaty law, addresses responsibility & liability where a state as user of space technology courses harm to other states. Cases of public international law & treaty law in following international & treaty law that support space law are discussed. M. Pflum