Proceedings of the Workshop - United Nations Office for Outer ...

In this respect emphasis should be placed upon the dramatic growth in the number ofprivate companies which plan or are already engaged in space transportation services, as well asin other fields of applied space technology for commercial purpose.A published information note circulated within the UNCOPUOS titled 'PrivateEnterprise and the Exploration of Outer Space', illustrated already in 1983 the general tendencytowards increasing privatization in the field of space activities. The publication stressed, interalia, the potential legal problems to be anticipated centred on fundamental questions ofresponsibility and regulations.Moreover, it is possible that the individual State uses a combination of criteria to qualifya space activity as a “national activity”. As the considerations involved in employing a certaincriterion and applying it to a specific case often involve rules of international conflict law, itneeds little imagination to realize the complexity and variety of cases, as well as the diversity ofoutcome according to the different law systems and regulations.If any expectations might be forthcoming from such a national approach to serving theaims of international law, and those of space law in particular, it is clear that only intensifiedresearch in the field of comparative law, and a progressive development towards theuniformization of international conflict law on a worldwide basis, or at least among space-faringnations, would have a fair chance of success in establishing international legal security in thisrespect. The way to arrive at a solution to the coverage of the term 'national activities' in outerspace derives from international law.Whereas, as noted above, the same Article provides specific demands in the form ofauthorization, etc., in the event of participation by private entities, it does not elucidate the term'national activity', nor, by using the neutral description 'appropriate state', does it lay down anycriterion for the relationship between the private entity involved in space activity and theauthorizing state.IV.Authorization and Supervision in Article VI of Space TreatyWhereas, as noted above, the same Article provides specific demands in the form ofauthorization and supervision etc., in the event of participation by private entities, it does notelucidate the term 'national activity', nor, by using the neutral description 'appropriate state', doesit lay down any criterion for the relationship between the private entity involved in space activityand the authorizing state.As space activities are of a transnational character, so it is necessary and desirable for usto create a standard for the uniform licensing regime and uniformity of technical requirementsand common safety standards under the UNCOPOUS in the near future.V. International Organizations of Article VI of Space TreatyThe last part of the Article VI deals with the responsibility issue in the context ofinternational organizations. As this subject is a very complicated and controversial matter, I willnot treat the issue comprehensively, but restrict myself to the following observations.While the existence of international law is based on the State concept and in fact, traditionally,only States have been considered subjects of international law, the very establishment of theprovision of Article VI of the Space Treaty regarding international organizations and theirresponsibility for compliance with the Treaty is controversial.