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University of Nebraska - Lincoln
Public Affairs, Public Policy and Public Administration
Space, Cyber, and Telecommunications Law Program: Faculty Publications
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Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk
Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
Discusses the issue of 'soft law' in the context of space activities, the characteristics of 'law' and '(international) space law,' the role of 'law' per se in the context of space activities, the use of qualified language in legal documents (including clauses beginning with words like should or may).
It is finally submitted that, while never losing sight of the benefits of a clear and coherent legal framework probably still best reflected through a treaty regime, in the arena of space activities there is considerable benefit from such mechanisms usually labelled 'soft law', whether in the context of customary …