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Loopholes are a subset of lacunae
- Loopholes are a subset of lacunae. A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas).
en.wikipedia.org/wiki/Non_liquet
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Are loopholes a subset of lacunae?
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What is a loophole in law?
Why are laws replete with loopholes?
Loopholes are a subset of lacunae. A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas).
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities.
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Loopholes are a subset of lacunae. A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas).
- Introduction
- 2 The Outer Space Treaty, 1967
- Historical Background of The Outer Space Treaty
- Loopholes in The Outer Space Treaty
- Loophole I: States Arming Outer Space
- Loophole II: Competing Interests of Private Individuals and Companies
- Loophole Ii.I: States That Did Not Signn Up to The Treaty
- Potential Solutions to Loophole Ii.I
- Loophole Ii.Ii: Inadequate Domestic Law of Signed States
- 1 The Most Powerful Solution to Loopholes: Customary International Law
As the commercialisation of space advances, more states and a wider range of private corporations and high net worth individuals are beginning to engage in space activities. Humanity is dependent on the satellites orbiting the Earth to provide us with GPS, WiFi, digital maps and weather forecasts. A review of private and nation state space aspirati...
The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies — which is more commonly known as the Outer Space Treaty (OST) — is a multilateral treaty that sets forth the underlying basis for the international regulation of space activities. Moreover, it establi...
At the end of World War II, the Union of Soviet Socialist Republics (USSR) and the United States of America (USA) emerged as formidable world powers. Considering that tension occurred between both parties during the War, the vehemence of the rivalry between them only increased further after the war. On 12 March, 1947, this rivalry engendered the co...
Despite being the backbone of international space law, the OST was drafted during the Cold War, with geopolitical and technological circumstances differing materially from the 21stcentury. One may therefore ask: “Is the Outer Space Treaty well-suited for contemporary challenges?” It may be argued that states, private individuals and companies can t...
Article IV of the OST outlines the responsibilities of the parties to the treaty. The first paragraph declares: ‘States Parties to the Treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in ou...
Predominantly, it must be asserted that only states can be parties to treaties. Therefore, treaties are meant to regulate the activities of states, not private individuals or companies. The same also applies for the OST. The OST does not regulate the space activities of private individuals and companies (16). Having said this, Article VI of the tre...
There are countries that are not signed up to the OST as well as signatories that have not ratified the treaty. (Please refer to Appendix II to access the document on the status and application of the five UN treaties on outer space.) Therefore, without having consented to the OST, they are not bound to abide by its articles. This situation gives a...
There are two fundamental solutions to fix this loophole: the first is to encourage or otherwise force other states to sign up through the instruments of international relations, and the second is to create another form of law, and thus ensure enforceability. The second point will be explored later as it has the potential to fix all of the loophole...
There may exist states that have ratified the OST but do not have sufficient national legislation and regulation, or do not have adequate control mechanisms, to regulate their private citizens and companies.
The most useful legal tool to resolve almost all present and potential future loopholes is passing the OST into customary international law. Customary international law is an international source of law that comprises rules that arise from ‘a general practice accepted as law’ and exists independent of treaty law. Treaties solely bind the states tha...
Oct 26, 2021 · LACUNAS AND LOOPHOLES IN STATUTES. Laws are known to be replete with loopholes. The Exploitation of loopholes is something everyone likes to profess outrage about, and yet I would maintain that is central to legal practice. Practical constraints supposedly make laws avoidably over or underinclusive.
Most loopholes have nothing to do with the over- or underinclusiveness of rules. This is best seen by exploring a particular subset of rules that reveal most clearly what is going on: the rules of voting. Arrow’s famous theorem teaches us that all halfway decent voting rules are vulnerable to agenda manipulation.
Legal loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law, such as a situation where the details are under-specified.
