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There is a treaty called ³Outer Space Treaty´
Treaty formed of 45 countries of major developed countries.
Treaty forbids any member state from claiming ³planet, satellite, asteroid, or
other celestial body´ as part of territory of the member state.
State X is not a member of the treaty.
State X sent a spacecraft to the moon.
State X claimed 1,000 square kilometer .
State X construct a small building on the moon earth.
State Y is a member of the treaty.
State Y brought a suit against state X in the ICJ ³International Court of Justice´
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State X argues that even if there is an opinio Juris, none of the members of
the world community have acted to prevent the annexation of parts of
surface of the moon and therefore there is no uses.
The problem is:
- Does state Y have the right to brought suit against sate X, although State
X is not a party to the treaty?
- Would State X will be obliged towards ICJ ?
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ϞϤθΗ ΎϤϛ ˬϥϮοΎϘΘϤϟ ΎϬϴϠϋ ΎϬοήόϳ ϲΘϟ ΎϳΎπϘϟ ϊϴϤΟ ΔϤϜΤϤϟ Δϳϻϭ ϞϤθΗ - 1
ϲϓ ϭ "ΓΪΤΘϤϟ ϢϣϷ" ϕΎΜϴϣ ϲϓ ΔλΎΧ ΔϔμΑ ΎϬϴϠϋ ιϮμϨϤϟ ϞΎδϤϟ ϊϴϤΟ
ΎϬΑ ϝϮϤόϤϟ ΕΎϗΎϔΗϻϭ ΕΪϫΎόϤϟ
- ϖΒτΗ ϲϫϭ ˬϲϟϭΪϟ ϥϮϧΎϘϟ ϡΎϜΣϷ Ύ˱Ϙϓϭ ΎϬϴϟ· ϊϓήΗ ϲΘϟ ΕΎϋίΎϨϤϟ ϲϓ ϞμϔΗ ϥ ΔϤϜΤϤϟ Δϔϴχϭ
:ϥ΄θϟ άϫ ϲϓ
.ΔϋίΎϨΘϤϟ ϝϭΪϟ ΐϧΎΟ Ϧϣ ΔΣήλ ΎϬΑ Ύ˱ϓήΘόϣ ΪϋϮϗ ϊπΗ ϲΘϟ ΔλΎΨϟϭ ΔϣΎόϟ ΔϴϟϭΪϟ ΕΎϗΎϔΗϻ( )