PDF《Overview of炉he燛xisting Mechanisms》

15 Chapter

2 Overview of?the?Existing Mechanisms of?Global Space Governance Key Facts/Issues Addressed ? The evolution of the global space governance regime, what differentiates it from other governance regimes, and whether the existing global space gov- ernance regime has succeeded or failed in serving the global public interest in outer space;

? A survey of the five existing United Nations space law treaties, their cur- rent impact, breadth, and status of ratification.

What are their main features that relate to global space governance, and what deficiencies exist? ? Is the United Nations and its specialized agencies the best organization to regulate, coordinate, or standardize space activities and practices? ? What other forums exist, and how can they contribute to effectively address issues of global space governance? ? How and to what extent do existing and emerging non-binding soft law (e.g., resolutions, guidelines, transparency and confidence-building mea- sures, etc.) instruments influence global space governance? ? Are there alternative or complementary mechanisms?C such as standards and codes of conduct?C available, and to what extent are they effective for achieving an internationally acceptable form of global governance in outer space, taking into account current and future uses of space? 2.1? Introduction and?Background This chapter poses the question of whether the existing global space governance regime is adequate in serving global public interest in outer space by supporting both current and proposed future space activities. The global public interest in outer space is understood to mean that the exploration and use of outer space,

16 including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all States, irrespective of their degree of economic or scientific development, and in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international cooperation and understanding [GA Res

1962 (XVIII);

Outer Space Treaty;

Jakhu, 2006]. In order to understand the context of global space governance, the phenomenon of global governance in general will first be discussed. This chapter will then outline the five U.?N. core space treaties, the U.?N. bodies that were tasked with space gov- ernance in the 20th century, the alternative bodies that have taken up space gover- nance given the limitations of the U.?N. system, and the non-binding soft law instruments (regimes) that have been created and are in the process of being created, as a result of this fragmented structure. The adequacy or inadequacy of each of the existing governance structures will be discussed. However, given that most of the following chapters in this study will ask the same question with respect to specific issues in outer space activities, this chapter will not carry out thorough analysis and make detailed suggestions. Rather, the focus will be on whether the global public interest is indeed being served by these systems and institutions, or whether we should be looking to create new ones. 2.1.1? The Evolution of?a?General Global Governance System Global governance is made up of legal mechanisms (e.g., norms, rules, and institu- tions), put in place through political processes and entities, that affect peace and security, and social and economic development. Global governance, as the institu- tionalization of international cooperation, largely emerged with the establishment of international law and international organizations in the 20th century. Where inter- national law provided the rules of the game for sovereign nations, international organizations were established by private and public bodies in order to promote industrial growth and development and create larger markets through the unification of transportation and communication rules and standards across national boundaries in Western Europe [Murphy, 1994]. Indeed, among the first international organiza- tions was the Central Commission for Navigation on the Rhine (CCNR), created in