THE PLACE OF THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR) IN INTERNATIONAL SPACE LAW

This paper aims to discover the legal relation between the principle o f ballistic missile non-proliferation, as fixed in the MTCR, on one si de, and the principles of outer space free exploration and use (free a ccess) and non-appropriation, as set up by the 1967 Outer Space Treaty , on the other side. It is an attempt to establish the hierarchy of th ese two sides to determine which of them is the top one and, consequen tly, takes priority over the other. So it is supposed to answer the qu estion whether the right of free access to outer space and the obligat ion not to appropriate outer space could be subordinated to the rule o f ballistic missile non-proliferation, as happens today in some cases. This paper seeks to define and qualify the present place of the MTCR in international space law, as well as to point out what should be don e to make sure it is applied as effectively as possible.