FUNDAMENTAL PRINCIPLES OF OUTER SPACE (COSMIC) LAW DEVELOPMENT

The article presents the results of a philosophical and legal study on the search for fundamental principles on which Outer Space Law should be developed. The study substantiates the fact that Outer Space Law cannot be established by analogy with other types of law and it is undesirable to create it based on classical law. The research identifies fundamental principles on which the entire process of Outer Space Law development can be based. The first fundamental principle states that Outer Space (Cosmic) Law is a “Tabula Rasa Juris” (blank slate for law). Under the second fundamental principle, the Cosmos has always remained the territory of “Res Communis Animal Rationale” (the territory available to all intelligent beings). The third fundamental principle says that Cosmos is the territory of “Res Nullius Civitatis” (the territory that does not belong to any state). That is, according to these three principles, the Cosmos is a common territory for all intelligent beings and does not fall under the jurisdiction of any state. Outer Space Law should be accessible to all intelligent beings who wish to participate in its development from the very beginning. At the same time, based on the mentioned principles, it may be concluded that the regulation of human relations in the Cosmos (which also includes outer space and celestial bodies) and, accordingly, the creation of Outer Space Law is the exclusive prerogative of “Animal rationale” (except for Outer Space Public Law that regulates relations between or among states). It is also possible that other principles may influence the process of Outer Space Law development. However, these principles cannot contradict the three fundamental principles outlined in this study.