I have set up the data base about space related policies, treaties,
international agreements, joint communiques, government ordinances, laws,
bills and so on, by utilizing the " original space laws" edited by Chuogakuin
University Local Autonomy Research Center. Since I arranged data in a chronological
order, it is possible to find data you are looking for, by searching the
date of data formation. Please note that all copyright related to the contents
of the data base belongs to Chuogakuin University Local Autonomy Research
Short Description of Space Law and A Basic Way of Thinking in Editing
This Data Base
Even if its theoretical origin preceded human aerospace activities, space
law has been formed in fact with start of man's space activity after the
Second World War. As a great french internationalist, Albert de La Pradelle
rightly said, "it is not the metaphysical argument of philosophers
nor legal texts made by lawyers but the inventions of engineers and scientists
that form law and make it progress". Owing to unforeseeable speed
of scientific and technological progress, space activity passed through
an explorative stage and quickly proceeds to the stage of commercial use.
As its consequence, space law becomes more than more transnational law,
by involving not only States but also private entities as its subject.
There is no need to say that the development of domestic space law in
space faring States accelerates this tendency. Now, such sources of international
law as international conventions, international custom, general principles
of law, the decisions of international organizations or conferences so
called "soft law", international judicial precedents and legal
theories to be enumerated as supplementary means of deciding legal rules
form the most important part of space law sources. Moreover, we may add
the domestic law sources to these. The present data base includes both
sources, but quantitative restrictions obliged us to exclude legal theories.
This data base is based on the academic work "Genten Uchuho (Space
Law Material)", published by Chuo Gakuin University in 1999 and edited
by Prof. Dr. TATSUZAWA Kunihiko in collaboration with the following Professors:
HASHIMOTO Yasuaki, Associate Professor of the Institute of Self Defense
Kim Doowhan, Honorary Professor of the Song Cil University
KOSUGE Toshio, Professor of Tokyo Electronic-Communication College
NAKAMURA Megumu, Associate Professor of Nippon University
SAITO Hiroshi, Associate Professor of Heisei Kokusai University
SATO Hiroshi, Associate Professor of the Chuo Gakuin University
TAKAI Susumu, Professor of the Institute of Self Defense Forces
TANAKA Hozumi, Professor of Sapporo University
YONEDA Tomitaro, Visiting Professor of Chuo Gakuin Univeristy
In adopting the method of analysis regarding space law in the context
of historical dynamism of the movement from interdependence to globalization,
the original "Space Law Material" was systematized according
to two sorts of distinctions between positive law texts and the texts
of legal policy, on the one hand, and domestic law and international law
texts, on the other hand. The people who were used to a law may understand
these distinctions easily.
If what is important from the viewpoint of law is not the thing or activity
in itself, but the relation between the subjects of law, I think that
a change of this relation can necessarily give influence to the development
of law. This way of thinking becomes a basis for editing this data base.
In the root, it exits the understanding that the observation of turning
points in international relations concerning the use of outer space including
the moon and other celestial bodies since the success of launching of
an artificial satellite in 1957 clarifies a space law devlopment process.
I expected that the work contributes to systematize space law and to fix
the keys of its application.
As Funk Brentano & A.Sorel said, "ce n'est pas en speculant sur
les rapports abstraits de nations ideales que les hommes apporteront plus
d'ordre et de justice dans les relations des Etats;c'est en considerant
les faits dans leur realite et en recherchant , sans illsusion, sans passion
et sans defaillance, les lois qui les regissent." (Brentano F. &
Sorel A., Precis du Droit des Gens,p.496) It is the essence of such law,
in other words, what the current law is that we seeked here. As Bossuret
said, "le plus grand dereglement de l'esprit, c'est de croir les
choses, parce qu'on veut qu'elles soient, et non parce qu'on a vu qu'elles
sont en effet."
This does not mean that law is merely an empty material reality which
obeys to the law of determinism.
As M.Virally pointed out it, Law is an intellectual and cultural construction.
We can make a step forward for seeking the ideal law only after grasping
current law rules as a whole.
I would like you to think that this data base is the clue for this.
Prof. Dr. Kunihiko TATSUZAWA
College of International Relations, Ritsumeikan University