Ricerc@Sapienza

The core of space law, by nature and by necessity, forms part of international law. Article III of Outer Space Treaty
specifically obliges States to act in accordance with international law including the UN Charter. It is generally
accepted by scholars that Article III does not imply an automatic extension of international law to outer space and
celestial bodies, including the UN Charter in toto. However, even though space law claims to some extent priority
over general international law, it does not mean that it is a self-contained regime. Despite the peculiarity of space
environment Article III provides that space law is intrinsically and extensively linked with international law and its
other branches, defining their interactions and synergies. This paper examines that international law clarifies and
develops basic principles applicable to outer space in order to guarantee space sustainability. Nowadays, due to the
rapid expansion of space activities and the lack of international binding instruments this process is coming into being
throughout UN resolutions, guidelines, TCBMs and codes of conduct. These no legally binding instruments are
important tools in the evolving process of international law for providing to the States a conduct in order to cover
fundamental areas of concerns. Throughout the International Court of Justice decisions and international practice, the
notion of sustainable development has softly grown as a concept firstly, and then qualified as an objective.
Accordingly, the need for adopting measures most likely to achieve the objective with which specific States conduct
must be consistent also in carrying on space activities. In consideration of the difficulties and complexity of the
traditional law-making process in adapting the existent corpus iuris spatialis to the new needs, the flexibility of the
wording of Article III ascertains that not only international norms specifically applicable to the protection of the
space environment, but also rules of international law at large, whether its nature is customary, conventional or other.
These principles and rules of international environmental law, especially those related to the concept/objective of
sustainable development, can contribute to the protection of space environment strongly.