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Strahinja Pešić: The Future Of Space Law Is Debatable

Space Law… Many people love topic of space and aliens, but many do not know how is space regulated, which law (international and national) regulates space and which politics does their country demonstrates towards the topic of space.

It all started in 1919. when all countries got recognized their sovereignty over the airspace above each countries territory, which was all confirmed within the Chicago Convention in 1944. United States of America, Russia, and China, currently have the best technology which is used in space, therefore they are big actors in making international laws for space.

From Legal Theory aspect, space is a public place. But, de facto space has 12 planets and we still do not know if we are only ‘people or species’. If we are alone then we will easily make laws that will provide specific rules for specific situations, if we are not alone, we must see first how other ‘people or species’ regulate space and with which laws. Legal and political views show that it is important in which technology and artificial intelligence is used for space, that is important for making specific space laws and it is important that this technology is regulated by international legal agreements.

It is a big question what we need to consider when making space laws, there are many countries, with different cultures, mentality, beliefs, and politics. People need to get bigger image of space and laws which regulate so they can provide better security and legislation for nations and on the other hand for the world.

Time showed that people will accept everything, it just depends on which way it will be presented and implemented by governments. As science rise, there will be a bigger need for space legislation. It is interesting how people from the Earth will regulate and make legislation for the Mars. They will first need to live there, and to make legislation there, not from the Earth.

Space law and regulations may not survive now, but they are a must for all countries if they want to develop and expand their resources. Some things may not be in principle, for example, exploitation resources from other planets, etc. or there will be some political controversies, as it was till now. The future of space law is indeed debatable, it needs more promotion so that all countries can be included in making these laws. There is an option that the United Nations make these laws and regulations (declarations, resolutions, etc.) or governments will agree to make new international organizations that will make only regulations for space and other planets.

Currently, NASA is the lead agency in coordinating the member states of the European Space Agency activities in the International Space Station, says 1998. ISS Agreement. The role of the USA is important as the role of other developed countries in the world. Governments and people will need to make changes and adapt to these changes, that is the only way to grow and expand.

In this specific cases, jurists are important and must, they will provide good analytics of legal and political status of their country and also provide a doctrinal opinion about this topic.

Contact: Strahinja Pešić, e-mail:

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