Recueil des cours, Collected Courses, Tome 447

Erscheinungsjahr 2025
ISBN: 978-90-04-74174-4
Verlag: Brill

Buch, Französisch, Band 447, 496 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 853 g

Reihe: Collected Courses of The Hague Academy of International Law - Recueil des cours

Jan Klabbers, Disagreement Reduced to Writing: Rethinking the Law of Treaties

The law of treaties, embodied in the Vienna Convention on the Law of Treaties, is in a state of disarray, with several key topics having been returned – without much success - for further study to the International Law Commission, and several other well-documented issues relating to the Convention’s application. The present contribution aims to explain why the Convention is in disarray, and how state practice and judicial practice aim to overcome this, leading to a slow re-thinking of the law of treaties.

Stephan Hobe, Perspectives for Space Law in the Twenty-First Century

The legal order for human activities in outer space has been written in the 1960ies and 1970ies. However, in view of numerous new commercial space activities, so called New Space, the question is at stake whether this legal order is still sufficient. The author denies this question by criticizing that the current legal order is too liberal in character, putting too little emphasis on the limitation of freedoms, e.g. for the preservation of the environment. He designs a framework for a new international legal order which, by limiting some freedoms for the preservation of the environment of outer space and the celestial bodies for future use, still guarantees progress and autonomy.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Disagreement Reduced to Writing: Rethinking the Law of Treaties

Foreword

Chapter I. Messiness in the law of treaties A. Introduction B. Putting the ILC to work, again C. Some further messiness D. The coverage of the law of treaties E. Causes of messiness F. Responses to messiness G. Three fundamental problems H. Final remarks

Chapter II. Toward the archetype A. Introduction B. An overworked instrument C. Treaty conflict D. The interim obligation E. Objective regimes F. Final remarks

Chapter III. The limited archetype of the VCLT A. Introduction B. Toward the archetype: The first circle C. The second circle D. The third circle E. The fourth circle: Integral treaties F. The fifth circle: The constitution G. Circle zero: “Unilateral agreement” H. Final remarks

Chapter IV. The circumvention of disagreement A. Introduction B. Escaping binding force: Reservations C. Rewriting binding force: Interpretation D. Ending binding force: Termination and withdrawal E. Avoiding binding force: The (ostensibly) non-legally binding agreement F. Redirecting binding force: Framing and reframing G. Final remarks

Chapter V. Conclusions: Rethinking the Vienna Convention? A. Introduction B. Some conclusions C. The invisible college D. What then? E. Final remarks

Bibliography

Cases

International tribunals

Domestic jurisdictions

Perspectives for Space Law in the Twenty-First Century

Introduction

Part A. Development of general international law

Chapter I. International law as a law of coexistence

Chapter II. International law as a law of cooperation

Chapter III. International law in the era of globalisation

Part. B. Space law

Chapter IV. One century of development of space technology (1923-2024)

Chapter V. Development of space law 1. The five space treaties 2. Resolutions of the UN General Assembly 3. End of space lawmaking around 2000

Chapter VI. A new space era in the twenty-first century? 1. Space transportation 2. Micro-launchers 3. Large constellations (infrastructures) of satellites 4. Suborbital or non-orbital space activities 5. Spaceports 6. Space stations 7. Mining on celestial bodies (space resource activities) 8. Living on celestial bodies (space settlement)

Chapter VII. A new space law? 1. Legal requirements for new space activities 2. Analysis of existing space legislation in light of new space activities 3. Key requirements for revised or new space legislation compared to existing space law Summary 4. Can such changes be implemented? Methods of space lawmaking

Part C. Changes to outer space legislation – possible solutions

Chapter VIII. Charges for using outer space 1. The use of outer space costs money 2. Clarification of the legal status of space resource activities: A new law according to Article 11 (5) of the Moon Agreement? 3. Intermediate result

Chapter IX. Space traffic management 1. What is space traffic management? 2. Elements of STM 3. STM and space law: Final remarks

Chapter X. An international fund for space debris remediation Conclusion Space law in the era of globalisation

Bibliography

Über Autor(innen)

Jan Klabbers, born 13 August 1963, in Heumen, the Netherlands.

Professor of International Law at the University of Helsinki. Whewell Professor of International Law-elect, Cambridge University (as of 1 October 2025). Member of the EU Panel to select panelists under bilateral trade and sustainable development agreements. Alternate Arbitrator, OSCE Court of Conciliation and Arbitration. Member, Finnish Academy of Arts and Sciences (elected 2014).

Visiting Professor/Fellow (invited) at Hofstra Law School (2007); Graduate Institute for International and Development Studies (2008, 2013); Straus Institute for the Advanced Study of Law and Justice, New York University (2009-2010); Université Paris-II, Panthéon-Assas (2011); Armenian Diplomatic Academy, Yerevan (2015, 2016, 2021, 2022, 2023, 2024); New York University Law School (2015); Erasmus Law School, Rotterdam (2016-2018); Université Paris-I, Sorbonne (2017, 2022); LUISS Guido Carli (2021, 2022, 2023); La Sapienza University, Rome (2024).

Stephan Hobe was born in Bremen, Germany, on 11 December 1957.

He is the Director of the Institute of Air Law, Space Law and Cyber Law and Co-Director of the International Investment Law Centre Cologne. He is a member of various scientific associations, including President of the German Society of International Law, Vice-President of the German Association of International Law (the German ILA), a former member and now honorary member of the Board of Directors of the International Institute of Space Law, Chairman of the Panel of Legal Experts of the International Telecommunications Satellite Organization and Committee, and Board Member of the European Air Law Association as well as of the European Centre for Space Law. He is currently the Director of the Space Law Committee of the International Law Association and is still representing parties in litigation and active in investment arbitration.

His scientific oeuvre spans more than 200 publications in public international law, European law, air law and space law, including Einführung in das Völkerrecht (most recently, 11th ed., 2020), Europarecht (11th ed., 2023) and Space Law (2nd ed., 2023). He is also the co-editor of the three-volume Cologne Commentary on Space Law and the collective work Cologne Compendium on Air Law. He edits the Zeitschrift für Luft- und Weltraumrecht / German Journal of Air and Space Law / Revue allemande de droit aérien et spatial, and has published approximately 350 articles on German public law, public international law, international investment law, air law, space law and cyber law.

He teaches as a guest professor at various universities in Europe, Africa and Asia, is the co-founder of the Institute of Air and Space Law at the Gujarat National Law University, Gandhinagar, Gujarat, India, and holds honorary doctoral degrees from the Universities of Sofia, Bulgaria, and the Aviation University in Kiev, Ukraine.