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Conclusion
In conclusion, to cope with the challenge of space activities, a wellrecognised
and concluded treaty, the “hard law,” is the best and first choice.
But, because of the different interests in different countries, it is hard to
make a treaty. The thirty-five year standstill of treaty-making after 1979
indicates the lack of consensus. The ICoC initiated by the EU is a good try
to make “soft law,” which can be used as forging consensus among the
international community. Based on this consensus, a new treaty in this area is
desirable. Though voluntary “rules of the road” have their advantages, “soft
law” is not enough for dealing with more and more complicated space
activities. Rules with legally binding force are better for the international
community. It is the destination of the ICoC, to be transformed into new
“hard law.”
“Soft law” can help
the establishment of
“hard law.” Though it
is not law, it can be
used to forge
consensus among the
international
community, which is
the first place to
create “hard law.” As
“hard law,” a treaty
means an
international
“agreement”
concluded between
subjects of
international law.
Consensus is the
basis of the
“agreement.”
Mission Completed and Mission Ahead: ICoC to the Future | www.orfonline.org 43