A r t i g o
United
Nations/Nigeria Workshop on Space Law
21-24 November 2005, Abuja, Nigeria
Benefits
of becoming a party to Treaties
and conducting space activities
in accordance with the Principles
José Monserrat
Filho
Vice-President,
Brazilian Association of Air and Space Law (SBDA);
Member of the Board, International Institute of Space Law (IISL);
Member, Space Committee, International Law Association (ILA).
E-mail:
<monserrat@alternex.com.br>
My intention here is to
briefly present you with some general thoughts on the benefits of becoming a
party to international treaties today, including treaties related to outer
space and space activities.
I would like to invite you
to not only keep in mind the specificities of Space Law, but also to see this
new branch of law as an integral part of the contemporary General International
Law – a cultural achievement of the mankind, which in the present time of the
history of our planet must be defended, preserved and developed with the best
resources of our intelligence.
In my view, there
are at least three great benefits of becoming a party to Treaties, in
particular multilateral ones are:
First Benefit:
International Rule of Law
·
To contribute to the establishment and consolidation of a Rule of Law in
international relations, including those related to the dissemination and
access to the most important science and technology advancements;
·
In the world of today we can note a strong and harmful tendency to the
relativization of social, cultural, ethical, and legal values, confusing and
weakening them. The Rule of Law is a suitable way to put the most important
values in the appropriate and deserved level of respectability.
·
In our time the Rule of Law is much more effective inside countries than
in international life;
·
We all know very well the alternatives to Rule of Law: disorder, chaos,
fear, uncertainty, insecurity, iniquity, injustice, dominance of the stronger;
·
Rule of Law is a strong safeguard against arbitrary rulings and actions
in all areas, including outer space and internal space activities;
·
It means clarity and transparency of rights and obligations;
·
Rule of Law is an essential component of civilization, peaceful and
friendship relations and constructive understanding among countries, peoples
and individuals;
·
It is fundamental to cultivate and strengthen a really open society and
a democratic political regime, according to the best national and international
values;
·
Rule of Law is indispensable in all stages of the international
cooperation.
Second benefit:
Predictability
·
All States and all peoples can clearly know in advance the rules of the
game; the possible, probable and permitted developments; and the expected point
of arrival;
·
No surprises, no deviations, no coups, no suspicions, no misgivings, no
stress;
·
Transparency, certainty, security, reliability, safety, sound and
constructive environment, tranquility, better conditions of working and
negotiations;
·
Best stimulus for accurate and responsible planning and decision-making
process;
·
Best stimulus for developing, improving and increasing plans, programs,
and projects;
·
Best stimulus for social and economic, political, cultural and legal
development, and general progress;
Third benefit: pursuing of
justice and order
On the basis of the Rule of
Law, all parties:
·
Can defend their legitimate rights and interests in better conditions;
·
Can take a legal action in a suitable form;
·
Can fight for the equality of parties before the law, as well as for its
equitable application;
·
Can evaluate the effectiveness of the existing treaties and principles
and propose their reviewing, updating and/or renewal;
·
Can propose new agreements, instruments, declarations and legislation to
regulate new areas or activities; the use of new technologies.
In conclusion
Let me remind you the words
of one of the greatest jurists of our time, Judge Manfred Lachs, former
Chairman of the International Court of Justice and the International Institute
of Space Law (IISL), who presided the difficult and historic process of
elaboration and approval, at the Legal Subcommittee of the United Nations
Committee on the Peaceful Uses of Outer Space (COPUOS), of the 1967 Treaty on
Principal Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies, the cornerstone of
all the building of International Space Law:
"If all activities
connected with outer space are to be conducted for the benefit of all and to
the detriment of none, international cooperation is essential, and if all the
possibilities opened up are to be used in a responsible manner, the conduct of
States in regard to outer space must be submitted to the rule of law."
(Manfred Lachs, The Law
of Outer Space: An Experience in Contemporary Law Making, 1972)
