The European Union Initiative for an International Code of Conduct on Space Activities A Model for Soft Law in Outer Space? Jean-François Mayence, LLM Belgian Federal Office for Science Policy

Soft Law (1) technical and specific areas where peer regulation / standardisation process is justified sensitive areas where traditional legal enforcement mechanisms are not appropriate SCoC (as of ) : Convinced that the formation of a set of best practices aimed at ensuring security in outer space could become a useful complement to international space law (Preamble) This Code, in endorsing best practices, contributes to transparency and confidence-building measures and is complementary to the existing framework regulating outer space activities (Art. 1.3)

Soft Law (2) ‘ Soft Law ’ is : law (legal effect) not directly sanctioned by traditional enforcement mechanisms (contractual, administrative, criminal)

Soft Law (3) direct sanctions: political sanction reciprocal behaviour indirect sanctions: establishment of a reference behaviour establishment of a practice

SCoC (1) A ‘ voluntary ’ instrument: Art. 1.4 SCoC (as of ): Adherence to this Code and to the measures contained in it is voluntary and open to all States. ‘ Adherence ’ is voluntary by nature ‘ Compliance ’ with the Code?  voluntary or mutual commitment? ‘ Voluntary ’ could mean that the purpose of SCoC is not to prohibit an intentional action by a State which would be justified by interests superseding those protected by SCoC

SCoC (2) double nature : political commitment : for EU and its Member States for future subscribing States legal commitment : for operators (through national space laws)? for States (through the notion of ‘fault’)?