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1.7 Learning by analogy: the legal regime of outer space and
the law of the sea regime
Inspiration for possible solutions to policy and legal gaps in relation to the law of the sea
regime, derived from other regimes, are also explored in this topic. Chapter 11 focuses on an
analogy between problems and solutions of the legal regime of outer space and those of the
law of the sea, with the idea that we can learn from such an analysis while tackling emerging
and unresolved issues related to the oceans.
Outer space is defined as the area of space beyond the limits of national jurisdictions.
The legal regime of space is often associated with other common space regimes such as the
high seas, the deep seabed, and Antarctica.
Principles governing the use of outer space had already been anticipated in the late
1920s.Duringthe1950s,possibleanalogieswithboththelawoftheseaandAntarcticawere
considered from the perspective of their possible implications with regard to the future legal
regime forspace law.Analogies with airlaw were rejected, duetotheensuing fragmentation
of cosmic space into areas subject to different sovereignties, which would have implied that
the use of outer space would be subject to the permission of the national state or states con-
cerned. The historical political context was also a factor in determining that issues related
to space law should be dealt with by the United Nations within the framework of peaceful
use. The dominant presumption in those years was establishment of a free common area not
subject to national jurisdiction, thus creating the enabling conditions for the freedom to use
outer space.
In1961,theUNGeneralAssemblydecidedthatactivities carriedoutinouterspaceand
celestial bodies should be in compliance with international law, including the Charter of the
United Nations, and proclaimed the freedoms of exploration and use for peaceful purposes
in outer space and celestial bodies which are not suitable for national appropriation. Prin-
ciples governing space law were codified in the form of the Treaty on Principles Governing
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