Abstrakti
Article VI of the Outer Space Treaty requires states to authorise and
continuously supervise national activities in outer space. Through
the duty to prevent genocide and the standard of due diligence, the
exercise of these licensing powers becomes relevant conduct under the
law of state responsibility, yet national authorisation regimes lack the
procedure needed to show how the powers were used. A comparison
of two statutory strands locates the gap. New Zealand and the United
Kingdom make consistency with international obligations a condition
of grant, Luxembourg addresses the obligations to the operator, and
the proposed EU Space Act omits the condition. None of these regimes
specifies an object of inquiry, requires reasons, grants standing to affected third parties or defines a trigger for reconsideration. Germany,
the United States and France regulate the dissemination of satellite data
through a specified object of inquiry, defined occasions of review and
documentation duties, but as security and export law. The foreign-policy
risk of commercial space activity falls between the two strands. Drawing
on arms transfer control and on English and Dutch case law on export
licensing, the article proposes six design elements that national legislation
can enact without treaty amendment, and argues that legislation rather
than judicial review must close the gap.
Fjalë kyçe
Komente
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