Space law, as one of the branches of international law, has unique and special characteristics. The effect of these features is such that space law can be viewed as an isolated regime that has not been able to adapt itself to general international law. Creating a special rule for attribution, instances of humanization of space law incorporated in the provisions of the space law treaties and the lacunae left by the space law instruments on designing dispute settlement mechanism are regarded as some examples reflecting the distinct feature of space law system. This paper aims at answering to this main question that considering the distinct features of space law on the one side and lex specialis rules set forth in the five space law treaties on the other side, how and to what extent space law can be considered as a stronger form of lex specialis, i.e., self-contained regime.

Since the beginning of space activities, the low-Earth orbit has remained one of the most sought-after destinations in space. At the time the 1967 Outer Space Treaty was adopted as the foundation of international space law, its drafters could not foresee such a rich variety in space activities. Lex lata therefore only defines the basic principles of the exploration and use of outer space and does not contain a detailed regulation to ensure safety of space navigation. The growing number of satellites and space debris leads to an increase of dangerous approaches in space. Сurrent space regime is no longer able to ensure safety of space activities. This article outlines the need to establish the legal regime of space navigation. The author suggests defining safety zones for space objects in orbit including satellites.

The current and future exploitation of space is driving scientific and technological developments and offers the opportunity for productive international cooperation among nations and space agencies. The continuous involvement of private companies in space developments intensifies the current debate on establishing a legal framework that could provide adequate protection. In fact, the protection of intellectual property rights on discoveries and products linked to these developments will be one of the most important challenges in the exploitation of space. From the beginning, outer space has undeniably been recognized as a unique field that belongs to all humankind and needs to be regulated extraordinarily. In the same vein, space activities require the development of a new generation of patent law, while regulations apply on Earth should serve only as an inspiration. Furthermore, current and emerging Blockchain Technology and its application, named smart contracts, can be employed as a single-window system and provide a transparent and reliable infrastructure for hierarchical storing of patent digital records and accurate enforcement, leaving no space for disputes. Undoubtedly, the interface of patent rights with Blockchain technology and smart contracts in the light of outer space activities creates a suis generis legal framework and forms new legal and ethical challenges that spacefarers should take up.

While the Outer Space Treaty and Liability Convention establish a liability system that primarily focuses on damage caused by space objects, there is an absence of a specific regime tailored to address the unique characteristics of commercial human spaceflight. Despite various provisions on liability issues found in national space legislation of major space-faring nations, as well as the 1998 IGA and supporting legal documents from commercial space companies’ tourism projects, these efforts have not resulted in an internationally recognized damage liability regime for commercial human spaceflight. This lack of a predictable and specific legal system may potentially discourage investment in this industry. Therefore, establishing a foreseeable and stable international liability regime for damages would directly contribute to encouraging active participation from multiple parties in commercial activities within outer space while also fostering greater economic and social benefits, ultimately promoting long-term sustainable development of outer space activities.

The existing space governance model characterized by ambiguous and outdated laws requires improvement. Scholars and experts suggest that institutional innovation and a decentralized governance model hold the potential for addressing challenges in governing space environmental protection. This paper aims to propose feasible and efficient methods for managing concerns related to the environment in outer space while advocating a polycentric approach towards addressing issues arising from factors such as human-generated space debris. Furthermore, it emphasizes that multiple entities including state governments, international organizations, and non-state actors should take measures to strengthen bottom-up approaches toward effectively protecting the environment in outer space. Within a decentralized model of space governance, sustainable development and exploitation of the space environment become achievable goals. Thus, human interests can be comprehensively considered and safeguarded in an era characterized by the commercialization of outer space.

The Artemis Accords are a series of non-binding bilateral agreements forming part of the Artemis campaign launched by NASA and the US Department of State and aimed at exploring space, establishing a permanent presence on the Moon and facilitating human missions to Mars. The Artemis Accords’ aim is to promote outer space exploration for peaceful purposes and can be extremely demanding both in terms of financial and technological capacity, especially for small and medium space agencies and developing countries. Transparency and Confidence-Building Measures (TCBMs), which could help to address these challenges, are lacking in the Accords. This gap is relevant, especially taking into account that various instruments, such as the Guidelines for Long-Term Sustainability of the Outer Space, encourage supporting emerging space countries in pursuing space activities for civil purposes. Nevertheless, as the purpose of these Accords is “to establish a common vision via a practical set of principles, guidelines, and best practices to enhance the governance of the civil exploration”, it is argued that TCBMs can be developed and implemented within the framework of the Artemis Accords. TCBMs are indeed consistent with the principles enshrined in the Artemis Accords, which require signatory countries to, inter alia, transparently and in good faith disseminate information regarding domestic space policies, plans for space exploration, results of the activities carried out under the Artemis missions, in compliance with Article XI of the Outer Space Treaty. This paper discusses how TCBMs can help developing countries to pursue their policy goals in the context of the Artemis campaign and how these measures can be formalized into the context of the Artemis Accords.

As space-faring States are preparing their return to the Moon, the concept of ‘safety zones’ has made its appearance, invoking heated discussions among the members of the legal community. In this context, the present paper aims to focus on a necessary balance between the rights of access and use under Article I OST and the obligations of due regard and avoidance of harmful interference under Article IX OST on the other. Particularly, the authors assume that the scenario of overlapping safety zones on the Moon is inevitable, especially with respect to favorable lunar locations. Accordingly, the authors will attempt to suggest realistic and efficient legal solutions for the delimitation of overlapping safety zones based on an analogy with delimitation rules applicable in air law and the law of the sea, where safety zones have by far been regulated. In this aim the Artemis Accords of 2020 will be taken into particular consideration in order to comprehend the notion of celestial safety zones as perceived by major space-faring States.