THE OUTER SPACE (COSMIC) LAW PORTAL
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 71)Publication Date: 2024-01-31
Authors : Marinich Volodymyr; Myklush Maryna; Holub Svitlana;
Page : 148-161
Keywords : space; space law; outer space law portal; cosmic law portal; the unified world analytical legal platform of outer space law;
Abstract
This article presents the research results related to creating the Unified World Analytical Legal Platform of Outer Space Law (Cosmic Law Portal). The study's results show the uniqueness of Outer Space Law and its distinctive features, without which it is impossible to create an effective mechanism for regulating space activities. The basis of its uniqueness is the environment of application of Outer Space Law (“Cosmos”), which is not the natural habitat of a human and that nobody owns. During the study of Outer Space Law, the processes of gradual formation of terms, theses, and antitheses as well as the emergence of legal conflicts have been identified. At the same time, it is revealed that the processes of the evolution of theses and antitheses, the formation of terminology, and the creation of interpretation of terms have not occurred naturally and experimentally but through diplomatic proposals and political agreements. In turn, this led to heterogeneity, inconsistency, incompatibility, non-conformities, and ambiguity of most provisions of Outer Space Law and as a consequence the ineffectiveness of the process of regulating space activities. Thus, the study shows the urgent need for the creation of the Unified World Analytical Legal Platform of Outer Space Law (Cosmic Law Portal) and the universal cosmic language of terms. During the research process, the following elements and characteristics of the Cosmic Law Portal have been identified, the presence of which is necessary for the formation of effective Outer Space Law: 1) a database of international and national acts and documents regulating space activities; 2) mechanisms that monitor and control the evolution of legal theses and the emergence of antitheses and legal conflicts; 3) mechanisms to provide open and interactive access to professionals and scientists around the world; 4) mechanisms of legal analysis; 5) open access mechanisms for the entire world community with the possibility of voting. At the same time, the author has identified 7 main stages necessary to create the Cosmic Law Portal: 1) the comprehensive study of international and national legal regulation of space activities from the beginning to the present day; 2) the comprehensive study of the terminology of space activities and Outer Space Law; 3) the study of the principles of construction of Outer Space Law; 4) the creation of the Cosmic Law Portal; 5) involving specialists and scientists from all over the world in the discussion and analysis of legal documents in the field of Outer Space Law; 6) presenting the platform to the world community; 7) the research and application of public opinion and public position related to Outer Space Law.
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