The Applicability of Prohibition of the Use of force or the Threat to use of force in Outer Space

Authors

1 Assistant Professor of Faculty of Law and Political Sciences at Allameh Tabataba`i University

2 Ph.d Student of International Law at Science and Research Branch of Islamic Azad University

3 Ph.d Student of International Law at Zanjan Islamic Azad University

Abstract

Outer space is a kind of space which begins with the last point of the upper airspace of territory of any country and consists of moon and other celestial bodies. The law of outer space is also consisted of laws on exploring and exploiting this space which begins to develop and improve since the first launching satellite into space in 1957 by men . One of the important principles of international law which emerge in the form of jus conges is the rule, which prohibits the use of force by states. Based on this rule, states are forbidden to use force in their relations. One of the manifestations of origin of relations between states might be in the outer space. Hence, this matter is considered that whether this rule is governing or not in the context of outer space. And if it’s applicable, is it encountered with any exception such as the one in earth? With investigating the legal regime of outer space, it need to be mentioned that also in the field of outer space like the earth, this jus conges is applicable and encountered with exceptions such as self-defense and collective action by security council too.

Keywords

Judgment
Volume 15, Issue 84
March 2016
Pages 49-74

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History

  • Receive Date: 17 August 2015
  • Revise Date: 10 October 2015
  • Accept Date: 25 November 2015

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