Max Planck Institute for Comparative Public Law and International Law Logo Max Planck Institute for Comparative Public Law and International Law

You are here: Publications Periodic Publications of the Institute Heidelberg Journal of International Law Abstracts of the last 4 Issues

Abstracts of the last 4 Issues

Mitigating International Norms Through Contestation: Peaceful Purposes in Space Law and the Security Dilemma

The present contribution proposes to analyse the evolution of the meaning
of ‘peaceful’ in space law as an example of how international norms can be
emptied of their substance without putting their legality into question. By
highlighting different phases of the evolution of the ‘peaceful purposes’
principle and linking it to the peculiar context and security dilemmas of the
time, the motivations and the form in which the principle was contested are
fleshed out. Drawing on this case study of legislative contestation, it concludes
that in matters related to international security, security dilemmas can
shape subsequent State practice, allow for a translation of the power dynamics
of the international community into international law, and lead to the
erosion of norms. In these circumstances, the importance given to the subsequent
practice of the states should be reduced in relation to the other
interpretive tools.

[back]