The Dilemma Of Article ? Of Outer Space Treaty

Outer space,a new field of exploration,contains countless resources and contains inestimable strategic value,which has become the goal pursued by various space powers.From the beginning of human outer space activities,States have hoped to develop and use outer space through the adaptation and regulation of international law.Article I of Outer Space Treaty and Article II of Outer Space Treaty are the fundamental principles of international law established by the Outer Space Treaty in the current era,on the basis of which the existing international relations in Outer space and the system of international law in outer space are constructed.The establishment of Article II has not only the historical background of the complex struggle of great powers,but also the legal background of constructing an orderly international order based on the factors of political reality.Article II of Outer Space Treaty,from the perspective of traditional international political realities,the most direct and primary role is to limit the further extension of State sovereignty to outer space,but in a realistic and legal sense,it has progressive and positive significance for the peaceful use of outer space by mankind.Outer space,in accordance with the provisions of the current Outer Space Treaty and international practice at this stage,is positioned as a “global public domains”.However,the strategic value and various interests inherent in outer space are extremely tempting for any country.The outer space technology of the countries of the world has developed considerably,the outer space activities with the State as the main body of action are becoming more frequent,and the fields related to the state power and national interests involved in space activities are constantly widening.At the same time,the development of international law in outer space is largely stagnant,and the legal system of outer space,which was formed in the 20 th century,has not been substantially modified or adjusted since its inception.At this stage,many factors of political reality impinge on the existing basic principles of international law,as result,the complex realistic factors constitute the basic picture of the international political reality of outer space in this era.Sovereignty is the natural attribute of national state,and the principle of sovereignty is the cornerstone of modern international system,diplomatic principles and international laws.With the increasing maturity of space technology,whether the existing principle of prohibition of sovereignty in outer space and the international relations in outer space based on the principle of sovereignty will undergo profound and far-reaching changes? Should the sovereign attribute of outer space be defined and regulated in the future when the attribute of nation state has not changed qualitatively? From the longitudinal point of view of human developing history,whether it is land sovereignty,maritime sovereignty or space sovereignty and the formation,adjustment and evolution of the relevant international law system,are all closely related to the evolution of international political reality in different historical periods,and show a dynamic mutual structure.Therefore,there is neither a static and unchanging political reality and political pattern,nor is there a static international practice and system of international law.From the perspective of realism,in the current international system,in which the nation-state is the subject of behavior,only the power and interests of the state are immutable.With the continuous deepening of the impact and weakening of the international political reality of outer space in the current era on the Article II of Outer Space Treaty,the existing normative system of outer space may have a fundamental faltering.From the point of view of political behavior and political reality,it means that under the modern international political system,conflicts of rights and interests based on State sovereignty and power conflicts will have the potential to spill over into outer space.The analysis and study of this phenomenon are of great significance and value to the international relations of Outer space and the development of international law in outer space.