The Integration Between National and International Regulation of Space Resources Activities Under Public International Law

in Journal of Space Law (2019), 43(1), 60-85

In light of the current tendency of regulating space resources activities through national legislation, this article addresses the validity of such emerging practice under Public International Law (PIL ... [more ▼]

In light of the current tendency of regulating space resources activities through national legislation, this article addresses the validity of such emerging practice under Public International Law (PIL). To this end, the article first recalls the traditional debate between Monism and Dualism about the relationship between municipal and international law. This analysis is further completed by focusing also on the counter-position between two cornerstones of PIL, the principles of State sovereignty and Pacta Sunt Servanda. Next, the article assesses the exposure of national law “integrating” international law, focusing on ex post conflicts between the two sources as regulated by Article 27 of the Vienna Convention on the Law of Treaties. Accordingly, the article will show that States not willing to adapt their national laws will have to face international responsibility under the Draft Articles on State Responsibility for Internationally Wrongful Acts. Based on the above, the article then presents the related legal consequences, both at the international and national levels. Finally, the article closes by assessing the role of interpretative declarations and the defense of persistent objector as possible legal tools for dissenting States. [less ▲]