The resurgent interest in lunar exploration makes an urgent need for a clearer policy on the economic utilization of space. Evolving legal frameworks for space activities will soon be put to the test
First of all, many space lawyers argue that Liability convention mechanisms were involved during Kosmos 954 incident settlement, ex. Pietkiewicz, M., 2023. THE “LIABILITY CONVENTION” IN A CLASH WITH PRACTICE – EXAMPLE OF THE “KOSMOS 954” SATELLITE. Studia Iuridica, vol. 97, pp. 54-69. https://doi.org/https://doi.org/10.31338/2544-3135.si.2023-97.4.
Therefore citing this incident as an example of convention application is doubtful.
Second, I am really doubtful that unilaterally developed "Artemis accords" is the way forward to develop sustainable and future-proof legal basis fir future Moon exploration. As they are not signed and anyhow accepted by two significant space powers: China and Russia - they can not be, therefore, anyhow bound with its provisions. It lays the ground for the future conflicts in Outer space, instead of uniting the mankind in quest for space exploration.
Even if the provisions of Accords are reasonable, it is necessary that they would be jointly developed and agreed with all space-faring nations. It can be UN or other international organization, but the dialogue and consensus even with the countries that don't share your own opinion on many important topics is something that must be in basis of any agreement related to Outer Space.
First of all, many space lawyers argue that Liability convention mechanisms were involved during Kosmos 954 incident settlement, ex. Pietkiewicz, M., 2023. THE “LIABILITY CONVENTION” IN A CLASH WITH PRACTICE – EXAMPLE OF THE “KOSMOS 954” SATELLITE. Studia Iuridica, vol. 97, pp. 54-69. https://doi.org/https://doi.org/10.31338/2544-3135.si.2023-97.4.
Therefore citing this incident as an example of convention application is doubtful.
Second, I am really doubtful that unilaterally developed "Artemis accords" is the way forward to develop sustainable and future-proof legal basis fir future Moon exploration. As they are not signed and anyhow accepted by two significant space powers: China and Russia - they can not be, therefore, anyhow bound with its provisions. It lays the ground for the future conflicts in Outer space, instead of uniting the mankind in quest for space exploration.
Even if the provisions of Accords are reasonable, it is necessary that they would be jointly developed and agreed with all space-faring nations. It can be UN or other international organization, but the dialogue and consensus even with the countries that don't share your own opinion on many important topics is something that must be in basis of any agreement related to Outer Space.