Introduction
Concept, objects, subjects and sources of international space law
1 Concept, objects and subjects of international space law
2 Sources of international space law
Legal status of space objects and astronauts
1 Legal status of space objects
2 Legal status of astronauts
Conclusion
Introduction
Since ancient times, space has attracted human attention with its magical mystery. For centuries it has been the subject of scientific study. But the era of practical space exploration actually began in the mid-50s of the twentieth century. The launch of the first artificial Earth satellite in the USSR on October 4, 1957, the first orbital flight of the Soviet cosmonaut Yu. Gagarin around the Earth (April 12, 1961) and the first landing of the crew of the American orbital ship Apollo on the Moon (July 1969) had a stimulating role in this. G.).
After this, the scope of exploration and use of outer space began to expand rapidly. The number of space states and other subjects of space activities has increased, the scope of this activity has expanded, in addition to artificial satellites in space, international space stations and other, more advanced means of exploring and using outer space have appeared.
As man penetrates into space and expands the scope of exploration and use of outer space, a practical need arose both for international legal regulation of relevant social relations and for the development of international space cooperation. On December 20, 1961, the UN General Assembly adopted a Resolution on multilateral cooperation of states in the exploration and use of outer space. It formulated two important principles:
a) international law, including the UN Charter, applies to outer space and celestial bodies;
b) outer space and celestial bodies are free for exploration and use by all for national appropriation. This Resolution became the starting point in the development of international space law.
1. Concept, objects, subjects and sources of international space law
1 Concept, objects, subjects of international space law
international space law
Currently, international space law is understood as a branch of international law, which is a set of principles and norms that define the legal regime of outer space and celestial bodies, as well as regulating relations between subjects of international law in the field of space activities.
More specific objects of international space law are:
a) outer space;
b) celestial bodies;
c) space activities of subjects of international law;
d) space objects;
e) crews of artificial Earth satellites, other spacecraft and stations.
Outer space refers to the space beyond the Earth's atmosphere. The atmosphere is the air shell of the planet filled with various gases (nitrogen, oxygen, argon, oxygen gas, helium, etc.). Their density decreases with distance from the Earth, and at an altitude of more than 800 km, the Earth's atmosphere gradually passes into outer (interplanetary) space.
Celestial bodies as objects of international space law include, first of all, the Earth and other planets of the solar system, their satellites, in particular the Moon, comets, asteroids, meteorites, etc. Other galaxies are also of scientific interest.
Cosmic bodies are located in outer space and are closely connected with it. As man penetrates into the depths of space, more and more cosmic bodies are discovered, which are of not only scientific, but also practical interest. At the same time, the volume of outer space that falls within the scope of international space law is expanding.
Space activity as an object of international space law is directly related to the human factor. It is diverse in its manifestations, but in a concentrated form it is expressed through the formula of international space law - “the exploration and use of outer space and celestial bodies.” Regulating related relations is the main task of international space law.
Space activities are carried out both in space and on Earth. The “terrestrial” part is associated with the launch of spacecraft, ensuring their functioning, returning to Earth, processing and using the results of space launches.
The movement of artificial satellites and space stations, scientific space experiments, remote sensing of the Earth, satellite telecommunications, and other types of use of outer space are carried out in space.
An independent group of objects of international space law consists of “space objects”. These are technical devices created by man, designed for the exploration and use of outer space and located in this space or on celestial bodies. These include launch vehicles, artificial earth satellites, spacecraft, stations, etc. In contrast, “celestial bodies” have a natural origin, which is associated with the peculiarities of the legal status of these groups of objects.
The direct objects of space activities are the crews of artificial Earth satellites, other spacecraft and stations.
Initially, the subjects of international space law were almost exclusively states. By the beginning of the 21st century. The process of commercialization of space activities has actively begun to unfold, the essence of which is associated with the acquisition, sale or exchange of space goods and services. In this regard, there has been a significant expansion of the circle of non-state actors in space activities. Nowadays, most major international space projects are either carried out by private companies or are of a mixed nature. Thus, the subjects of international space law currently include states, international organizations (state and non-state), private legal entities and individuals.
2 Sources of international space law
The sources of international space law are understood as forms of expression and consolidation of the norms of this branch of international law that regulate international relations arising in connection with the exploration and use of outer space. By concluding an agreement, subjects of international law pursue the goal of creating international legal norms that are aimed at regulating relations between them. Depending on the range of participants, agreements can be universal and with a limited number of participants (bilateral, regional). All norms contained in the agreement are legally binding for the parties to the agreement, and their violation entails international legal liability. Various activities in the exploration and use of space are now regulated by various acts of international space law. These acts constitute a system of sources of the corresponding legal community. Of key importance among them are five international multilateral treaties adopted under the auspices of the UN in the 60-70s. XX century These include: Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (adopted December 19, 1966, entered into force October 10, 1967); - Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (adopted on December 19, 1967, entered into force on December 3, 1968); Convention on International Liability for Damage Caused by Space Objects (adopted November 29, 1971, entered into force September 1, 1972); Convention on the Registration of Objects Launched into Outer Space (adopted November 12, 1974, entered into force September 15, 1976); Agreement on the Activities of States on the Moon and Other Celestial Bodies (adopted December 5, 1979, entered into force July 11, 1984). These acts form the basis of the world legal order in the field of exploration and use of outer space. The most universal of them is the Treaty on the principles governing the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies (hereinafter referred to as the Outer Space Treaty). By signing this Treaty, the States Parties agreed that they would carry out activities related to the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interests of maintaining international peace and security, development of international cooperation and mutual understanding (Article 3). They also fixed in this Treaty other basic international legal principles for the activities of states in the exploration and use of outer space for peaceful purposes. The Outer Space Treaty established a general framework for the development of space law. They were specified in the four other agreements and conventions mentioned above relating to certain areas of space activity. In 1989, the European Convention on Transfrontier Television was adopted, and in the 90s. A number of multilateral agreements of a scientific and technical nature have emerged relating to international space projects and programs. Bilateral international treaties. These acts regulate numerous relations in the field of bilateral space cooperation. Let's name just a few of these types of agreements: Agreement between the governments of Russia and France on cooperation in the field of exploration and use of outer space for peaceful purposes (1996); US-Brazil Agreement on Cooperation on the International Space Station (1997); Agreement between Russia and Kazakhstan on the basic principles and conditions for the use of the Baikonur Cosmodrome (1994); Agreement between Brazil and Ukraine “On long-term cooperation in the use of the Cyclone-4 launch vehicle at the Alcantara launch center” (2003), etc. Resolutions of the United Nations General Assembly. They are not binding and are not direct sources of international law. But these resolutions belong to the category of so-called soft law and have a significant impact on the formation of binding norms of international law. These, in particular, include the Resolution of the UN General Assembly, which approved the Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space. This Declaration formed the basis of the Outer Space Treaty. Among other resolutions of the UN General Assembly related to space issues, noteworthy are those that approved: Principles for the use by states of artificial Earth satellites for international direct television broadcasting (Resolution 37/92, adopted on December 10, 1982); Principles Relating to Remote Sensing of the Earth from Outer Space (Resolution 41/65, adopted December 3, 1986); Principles Relating to the Use of Nuclear Power Sources in Outer Space (Resolution 47/68, adopted on 14 December 1992). In December 1996, the UN General Assembly adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and Interest of All States, with Particular Consideration of the Needs of Developing Countries (Resolution 51/122). Acts of international organizations. In the European context, these are acts of the European Space Agency, the European Union, the Commission of the European Communities, etc. These acts include: Decision of the European Parliament on the report of the Commission of the European Union on the issue “Europe and space: the beginning of a new chapter” (17 January 2002); Decision of the Council of the European Union “On the development of a pan-European space policy” (May 13, 2003); Framework Agreement between the European Community and the European Space Agency (2003), etc. The Framework Agreement between the European Community and the European Space Agency has two important objectives: a) creation of a joint basis and tools for mutually beneficial cooperation between two integration associations; b) progressive development of European space policy through the formation of a system of requests for space services and technologies through the joint efforts of the European Community and the European Space Agency. Specific areas of cooperation have been identified: scientific research; technologies; monitoring the Earth from space; navigation; implementation of satellite communications; human space flights; radio frequency spectrum policy, etc. A separate group consists of the constituent acts of international organizations engaged in space activities: the Convention establishing the European Space Research Organization (1962); Convention establishing the European Space Agency (1975), etc. In accordance with the first of these agreements, joint space activities are carried out by the participating states on the basis of interstate programs. The implementation of these programs is coordinated by the International Space Council. The participating states also pledged to carry out their activities in the exploration and use of outer space in accordance with current international legal norms and to coordinate their efforts in this area. 2. Legal status of space objects and astronauts 1 Legal status of space objects This status is determined both by the norms of international law and national space legislation. In the international aspect, legal relations associated with the launch of a space object into space and its return to Earth are of particular importance. The starting point in these legal relations is the requirement of international law for mandatory registration by the state of launched space objects. In accordance with the Convention on the Registration of Objects Launched into Outer Space, the launching state (i.e. the state that carries out or organizes the launch of a space object, or the state from whose territory or installations a space object is launched) is required to register these objects in a special national register. When there are two or more launching States with respect to any such space object, they shall jointly determine which of them will register the relevant object (Article 2). Data from the national register are submitted “as soon as practicable” to the UN Secretary-General for inclusion in the international register. This data must contain the following information: the name of the launching State or States; the corresponding designation of the space object or its registration number; date and territory (place) of launch; basic orbital parameters (orbital period, inclination, apogee, perigee, etc.); general purpose of a space object. The launching State also provides information on space objects that, having been launched into orbit around the Earth, are no longer in that orbit (Article 4 of the Convention on the Registration of Objects Launched into Outer Space). A number of norms concerning the legal status of space objects are also contained in the Outer Space Treaty. It notes that the State Party in whose registry a space object launched into outer space is entered retains jurisdiction and control over such an object while it is in outer space, including on a celestial body. Ownership rights to space objects launched into outer space, including objects delivered or constructed on a celestial body, and their component parts remain unaffected while in outer space, on a celestial body or upon return to Earth. Such objects or their components found outside the State Party in whose register they are entered must be returned to that State. In this case, such a state must, upon appropriate request, provide information about it before the return of the space object. Each State Party that launches or arranges for the launch of an object into outer space, including the Moon and other celestial bodies, as well as each State Party from whose territory or installations a space object was launched, shall bear international responsibility for damage caused by such objects or their constituent parts on Earth, in air or in outer space, including the Moon and other celestial bodies, to another State Party, its natural or legal persons (Article 7 of the Convention on the Registration of Objects Launched into Outer Space). 2.2 Legal status of astronauts An astronaut is a person who has participated or is participating in a space flight as a commander of a spacecraft or a member of its crew. In the USA, astronauts are called astronauts. Cosmonauts perform tasks to explore and use outer space, both during space flight and when landing on celestial bodies. The legal status of astronauts (spacecraft crew members) is determined by the Outer Space Treaty, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, as well as national space legislation. In accordance with these acts, astronauts are “envoys of humanity into space.” But they do not have supranational status. Cosmonauts are citizens of a particular state. As noted in the Outer Space Treaty, the state on whose registry an object launched into outer space is entered retains jurisdiction and control over the crew of this object while it is in that space or on any celestial body (Article 8). Some features of the rights and obligations of crew members are established by the Intergovernmental Agreement on the International Space Station (1998). These rights and responsibilities are determined by the functions of the crew members and by station standards and criteria. The general requirement in this case is the requirement to use the station in an efficient and safe manner for the life and health of crew members. A number of requirements are also recorded in the Code of Conduct for Cosmonauts. In accordance with it, each member of the station crew must meet cosmonaut certification criteria, medical and other standards. He is required to undergo basic training and receive the appropriate certificate. The Agreement on the Rescue of Astronauts concerns their legal status in the context of the obligations of states to assist them in the event of an accident or other disaster. The countries agreed that upon receipt of information that the crew of a spacecraft has suffered an accident or is in a state of distress, has made an emergency or inadvertent landing in territory under their jurisdiction, on the high seas or any other place not under the jurisdiction of any or States Parties, they shall immediately: a) inform the relevant authorities about the incident using means of communication at their disposal; b) inform the UN Secretary General about the same. These same parties are obliged to take all measures within their power to search for and rescue cosmonauts in trouble, who, after providing assistance to them, must be immediately returned to representatives of the authorities of the states that carried out the launch (Article 4). Conclusion Let us summarize the results of the study. The main sources of international space law are international treaties. These include the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 1967 (Outer Space Treaty), the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968, Convention on International Liability for Damage Caused by Space Objects 1972 (Liability Convention), Convention on Registration of Objects Launched into Outer Space 1975, Agreement Relating to the Activities of States on the Moon and Other Celestial Bodies 1979 (Moon Agreement) , regional and bilateral agreements between states, between states and international organizations. Space law has the following features: only outer space gives humanity the opportunity to go beyond the terrestrial environment in the interests of the further progress of civilization; in outer space there are celestial bodies whose territories do not belong to anyone and can in the future be used by humans; space is practically limitless; unlike land territory, the oceans and airspace, outer space cannot be divided into any zones in the process of its use; outer space poses a particular danger to human activity; In space and on celestial bodies there are physical laws that differ significantly from those on earth. The peculiarities of space activity include the fact that it is carried out with the help of fundamentally new means of rocket and space technology; the use of space for military purposes poses an incomparable danger. List of used literature 1. Valeev R.M., Kurdyukov G.I.: International law. Special part: textbook for universities. - M.: Statute - 624 p., 2010. Zimnenko B. L. International law and the legal system of the Russian Federation. A special part. Publisher: Statute - 544 pp., 2010 Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies (Moscow - Washington - London, January 27, 1967). Convention on International Liability for Damage Caused by Space Objects (Moscow - London - Washington, March 29, 1972). Convention on the Registration of Objects Launched into Outer Space (New York, January 14, 1975). Agreement concerning the Activities of States on the Moon and Other Celestial Bodies (New York, December 18, 1979). Khuzhokova I. M. International law. Short course. Publisher: Okay-book, 2009, 128 pp. Chepurnova N. M. International law: Educational and methodological complex. - M.: Publishing house. EAOI Center, 2008. - 295 p.
In international space law, the main types of sources of law are international treaty and custom. It should be noted that the process of formation and development of international space law takes place mainly in contractual form.
An international treaty (agreement) is concluded between the subjects of international space law in writing and contains specific formulations of the norms of international space law.
4. International space law.
In recent years - the years of scientific and technical progress - one of the leading sectors of the national economy is space. Achievements in space exploration and exploitation are one of the most important indicators of a country's level of development.
Despite the fact that this industry is very young, the pace of its development is very high, and it has long become clear that the research and use of outer space is now unthinkable without broad and diverse cooperation between states.
Why is legislative regulation of space exploration activities necessary? Firstly, the global nature of such activities and their consequences, secondly, to ensure the most favorable conditions for business cooperation between states and, thirdly, to regulate specific relations between states that arise when they conduct joint scientific and technical activities.
Solving the problems of states' activities in space is possible only as a result of international cooperation, and it is precisely such cooperation of states in the exploration of outer space that led to the formation of a special branch of international law - international space law (ISL).
Concept and essence.
From the very beginning of space activities, it turned out that any of its types can affect the interests of one or more foreign states, and most types of space activities affect the interests of the entire international community. This entailed the need to introduce the concepts of “legal space activities” and “illegal space activities” and, in addition, to establish a certain procedure for carrying out space activities that are permissible from the point of view of international communication. For the first time, recognition that international legal relations may arise in the process of space activities was already contained in the resolution of the UN General Assembly of December 13, 1958, which noted the “general interest of mankind in outer space” and the need to discuss within the UN the nature of “legal problems that may arise during space exploration programs.
This resolution, “The Question of the Use of Outer Space for Peaceful Purposes,” refers to both the legal status of outer space and the nature of space activities (the desire to use outer space only for peaceful purposes, the need for international cooperation in a new area).
Therefore, the 1967 Outer Space Treaty establishes not only the regime of outer space, but at the same time defines the rights and responsibilities of states in the process of activities not only in space itself, but also in other environments, if their activities there are related to the exploration and use of space. That. international space law is a branch of international law that regulates legal relations arising in the course of the activities of the world community in space exploration, as well as legal relations in all other environments directly related to space exploration activities.
There is no doubt that there is an inextricable connection between law and foreign policy. Closely related to issues of foreign policy and space exploration. The guiding principle in the conduct of foreign policy by states in any field today should be general international legal principles.
Such principles were of particular importance for space activities during the period when the ICP was in the initial stage of its formation. The absence of special principles had to be compensated by the application of general principles.
From the very beginning of the birth of the science of International Space Law, most lawyers proceeded from the fact that the basic principles and norms of international law also apply to space activities. As for its specificity, it must be taken into account in special norms, which may constitute a new branch of international law, but by no means an independent legal system.
One of the main principles is the principle of equality of states. In relation to space activities, this principle means the equality of rights of all states both in the implementation of space activities and in resolving legal and political issues arising in connection with its implementation. The principle of equal rights is reflected in the Outer Space Treaty, the preamble of which states that the exploration and use of outer space should be aimed at the benefit of all peoples, regardless of the degree of their economic or scientific development, and the treaty itself establishes that outer space is open to exploration and use by all States, without discrimination of any kind, on the basis of equality and in accordance with international law, with free access to all regions of the celestial bodies.
The principle of the prohibition of the use of force and the threat of force in international relations also applies to the space activities of states and the relationships arising in this regard between them. This means that space activities must be carried out by all states in such a way that international peace and security are not threatened, and all disputes on all issues related to space exploration must be resolved peacefully.
So, the commonality of the principles of the ICL and international law allows us to assert that the first is an integral part of the second as a whole. The specificity of the principles and norms of the ICL does not make it possible to identify it with other branches of international law. This determines the role and place of the ICP in the general system of international law.
The goals, method of regulation and sources of the ICL and general international law are identical. The purpose of the ICP is to ensure and maintain international peace, security and cooperation of states, protect the sovereign rights of states and the interests of all humanity by regulating the relationships of subjects of international law in the space field.
Sources
The method of legal regulation is the same for the ICP and international law. This method is the coordination of the wills of states regarding the content of a specific rule of conduct and recognition of it as legally binding. This implies the identity of the sources of the ICL and international law. They are international treaty and international custom.
The shaping process in MCP has two features. The first feature is that it takes place mainly within the framework of the UN. The second characteristic feature is that in most cases the adoption of norms either precedes practice or occurs simultaneously with it, and does not follow practice, as is the case in other branches of international law.
The main role in the process of formation of ITCP norms belongs to the international treaty. In the Outer Space Treaty of 1967, only the main, basic principles and norms of the International Communist Party were enshrined. With the development of space science and further penetration into space, certain provisions of space law were specified in special agreements, in particular, in the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space and the Convention on International Liability for Damage Caused by Space Objects and in others.
Also, the contractual sources of the ICP include various agreements on cooperation between states in space exploration. These agreements of a special nature are based on the principles and norms common to the International Communist Party, enshrined in the Outer Space Treaty and these general agreements.
Another type of sources is custom. International custom is a rule of behavior that, as a result of constant systematic application, is recognized as legally binding by subjects of international communication.
Despite the relatively young age of space law, it already has legal principles that have formed as a custom. These are 2 fundamental principles - freedom of exploration and use of outer space and celestial bodies. These principles were formed on the basis of the practice of space activities and as a result of universal recognition by the international community. The fact that both of these principles were subsequently enshrined as treaty norms in the Outer Space Treaty does not change the essence of the matter, because they continue to be legally binding for all participants in international communication as an international legal custom.
Resolutions of the UN General Assembly are advisory in nature, however, adopted unanimously, they express the agreed positions of states regarding a certain course of action, which is desirable for the international community as a whole.
The Statute of the International Court of Justice classifies judicial decisions and doctrines of the most qualified specialists as auxiliary sources of international law. But it should be noted that issues related to the use and research of outer space and celestial bodies have not yet been the subject of consideration in the International Court of Justice or arbitration courts, because So far, no practical disputes have arisen between states regarding the application or interpretation of the provisions of the ICL.
The second auxiliary source is the works of the most qualified lawyers, specialists in the field of public international law, and primarily the International Communist Party.
Peculiarities
As a separate branch of international law, the ICL has a number of characteristic features. The group of features relating to outer space includes: 1) in outer space there are celestial bodies, the territories of which do not belong to anyone and can be used by humans in the future, 2) space is practically limitless, 3) in contrast to land territory, the World Ocean and airspace, outer space cannot be divided into any zones in the process of its use, 4) outer space poses a particular danger to human activity in it.
The group of features related to space activities include: 1) the use of space for military purposes represents an incomparable danger, 2) all states without exception are interested in the results of space activities, and at present only a few of the most developed countries can carry them out independently. scientific and industrial relations of states, 3) the launch of spacecraft and their return to earth may be associated with the use of the airspace of foreign states and open seas, 4) space launches can cause damage to foreign states and their citizens.
And finally, with regard to the specific features of legal norms themselves. I have already mentioned two of them concerning the process of formation; in addition, there is a clearly visible tendency to regulate all issues of the International Communist Party in separate conventions and agreements, each of which has its own area of regulation. Legal issues are resolved primarily through the UN Committee on Outer Space, while in the law of the sea they are resolved through conferences. Despite the very close connection between space law and ecology, lawmaking here lags significantly behind other branches of international law.
Such specificity of the norms and principles of space law is justified by the peculiarities of outer space itself as a new sphere of human activity, as well as by the peculiarities of space activities, which differ significantly from activities in any other field.
Subjects
The implementation of any activity affecting the interests of other states inevitably leads to the emergence of international legal relations and the bearers of the corresponding rights and obligations in such cases are subjects of international law.
So, the subject of the ICP is understood as a participant, incl. potential, international legal relations regarding activities in outer space or the use of space technology. There are 2 types of subjects in the MCP. The main subjects are sovereign states as bearers of international rights and obligations. At the same time, the international legal personality of the state does not depend on any act or expression of the will of other participants in international relations.
Secondary - derivative - entities are international organizations created by states and legally operating. The scope of the legal personality of such international organizations is limited, and it is determined by the will of their member states and is fixed in the international treaty on the basis of which they are established. At the same time, some international organizations, by virtue of their legal personality, can be subjects of international space legal relations (INMARSAT, INTELSAT, ESA), while others are only subjects of international legal relations, because their Charters do not provide them with special competence.
So, the significant difference between the subjects is that sovereign states are ipso facto subjects of the ITUC, and international organizations are only derivative subjects.
There are 4 conditions that intergovernmental organizations must meet in order to be a subject to the main Agreements and Conventions in the field of the ITUC: 1) the organization must formally declare its acceptance of the rights and obligations under the relevant agreement, 2) the majority of member states of this organization must be parties to the relevant agreement, 3) the majority of member states of this organization must be parties to the 1967 Outer Space Treaty, 4) the organization must carry out space activities. However, this may not be enough: under the Liability Convention, the Registration Convention and the Moon Agreement, the rights and obligations of organizations are significantly (or insignificantly) limited.
There is a point of view that individuals can be considered subjects of the MCP. For example, Article V of the Outer Space Treaty uses the expression “humanity’s messenger into space,” but this does not mean recognizing an individual as a subject of the ICP, because under Article VIII, the state of registration of a space object retains full jurisdiction and control over such an object and its crew.
The ITUC does not exclude the possibility of non-governmental organizations carrying out space activities (Article VI of the Outer Space Treaty), but this does not mean that non-governmental legal entities become subjects of the ITUC. According to this article, because “the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, must be carried out with the permission and under the constant supervision of the relevant State Party to the Treaty”, and states themselves have an international responsibility for ensuring that the activities of such entities are carried out in accordance with the provisions of contained in the contract. And since it is generally accepted in international law that its subjects are equal and independent in internal and external affairs from any other authority, the question of the international legal personality of legal entities cannot be raised.
And one more point of view: the subject of the ICP should be considered all of humanity as a whole. Such a position cannot be considered scientifically substantiated, but rather even utopian, since it does not take into account modern realities in the life of the international community and in international relations, the basis of which is the real existence of states with different political and economic systems.
Thus, the subjects of the ICP are only sovereign states and international intergovernmental organizations carrying out space activities.
Objects
The object of international law is everything about which the subjects of the International Communist Party enter into international legal relations, i.e. material and intangible benefits, actions or abstention from actions that do not fall solely within the internal competence of the state.
That. specific objects of the MCP are: 1) outer space, 2) celestial bodies, 3) astronauts, 4) artificial space objects, 5) ground-based components of space systems, 6) results of practical activities, 7) space activities.
A contractual concept of “space object” has not yet been developed. There is only an established practice of registering artificial space objects under the relevant Registration Convention. According to it, the term “space object” includes its components, as well as its delivery vehicles and their components. It is necessary to clearly establish the time aspect, i.e. the moment from which an artificial object becomes cosmic. This is the moment of launch, and even from the moment of an unsuccessful launch, the object is considered cosmic. Also, the object is considered to be in space even after returning to earth, both planned and emergency.
There is also no contractual definition of the concept of “space activity”. Today, this is considered to be human activity in the exploration and use of outer space, incl. natural celestial bodies of extraterrestrial origin. This term was first mentioned in the UN General Assembly resolution of December 20, 1961. The use of the term “space activities” allows us to assume that states include here both activities in outer space and activities on the ground if they are related to activities in outer space.
So, what specific activities are covered by the norms and principles of the International Communist Party? Currently, the interpretation of the concept of space activity depends on one state or another. But it is generally accepted that space activity means the placement of man-made objects in near-Earth orbits, in interplanetary space, on the surface of the Moon and other celestial bodies. Sometimes this also includes suborbital launches (i.e., the vertical launch of objects to high altitudes with their subsequent return to earth without entering low-Earth orbit). Undoubtedly, this also includes the actions of people (cosmonauts) and the operation of automatic (autonomous and radio-controlled from the Earth) vehicles and instruments on board space objects (including the exit of people and the removal of instruments into outer space or onto the surface of celestial bodies).
Thus, if we summarize everything, it becomes clear that the concept of space activity is associated with: 1) activities in the space environment, including operations carried out on Earth in connection with the launch of a space object, 2) its control, 3) return to Earth.
But today, not all issues related to the definition of space activities have been regulated. For example, it has not been established whether operations on Earth can be considered space activities if they do not result in the successful placement of an object in outer space. Apparently, at this stage, in determining space activities, one should proceed in each specific case from the relevant provisions of international treaties applicable to this legal relationship.
The term "outer space" is used 37 times in the 1967 Outer Space Treaty alone. But there is no definition of this concept in the ICP. The issue of defining outer space continues to remain on the agenda of the UN Outer Space Committee. But this issue must be discussed in inextricable connection with the activities for its use, which indicates that the concept of outer space cannot be defined in isolation from the element of activity.
Forms of cooperation
The exclusive role of international cooperation in the field of space research and its practical application requires a clear clarification of the legal content of the principle of interstate cooperation from the point of view of the ICP. The general principle of cooperation established by international law is fully applicable to interstate relations related to the exploration and use of outer space. States declared their desire to maximally promote the comprehensive development of international cooperation in space in the preamble of the 1967 Outer Space Treaty, as well as in many articles of this treaty, and this gives grounds to classify cooperation between states in the exploration and use of outer space as one of the basic principles of the International Space Treaty.
Thus, the Outer Space Treaty of 1967 enshrined the principle of cooperation between states as one of the general principles that formed the basis of the ITUC. A number of provisions of the outer space treaty follow from the principle of cooperation and detail it. For example, the obligation to take into account the relevant interests of all other states when carrying out activities in outer space, not to create potentially harmful interference with the activities of other states, to provide possible assistance to astronauts of other states, to inform all countries about the nature, progress, place and results of their activities in outer space, etc. .d.
Thus, the main content of the principle of cooperation is the obligation of states to cooperate with each other in the exploration of outer space and the obligation to maximally favor and promote the development of broad contacts and joint work on the study and use of space.
Within the UN
The leading role in the development of cooperation between states in the exploration and use of outer space belongs to the UN General Assembly. It has achieved the most significant successes precisely in the field of legal regulation of space activities, and it is rightfully considered the center of international cooperation in the development of international space standards. It adopted: 1) Declaration of Legal Principles of Outer Space Activities, 2) Outer Space Treaty, 3) Rescue Agreement, 4) Liability Convention, 5) Registration Convention, 6) Moon Agreement. Its decisive role in the formation and development of the ITUC has already been manifested in the creation of the UN Committee on the Peaceful Uses of Outer Space, better known as the Committee on Outer Space.
The main functions of the General Assembly include: 1) formulation of tasks for the study and development of legal problems of space exploration, 2) approval of recommendations of the UN Committee on Outer Space regarding issues of legal regulation of space activities of states, and 3) approval of draft agreements on outer space within the framework of the UN Committee on space, 4) direct development of drafts of individual articles of these agreements at sessions of the General Assembly with the participation of the absolute majority of states.
Committee on the Peaceful Uses of Outer Space. In accordance with UN resolutions, the committee is tasked with dealing with both scientific, technical and legal issues of space exploration; it serves as the central coordinating body for international cooperation in space exploration. The UN Committee on Outer Space consists of two subcommittees - Legal and Scientific and Technical. The committee carries out its main law-making activities through its Legal Subcommittee. The Legal Subcommittee of the UN Committee on Outer Space carries out activities to develop draft multilateral agreements regulating activities in the exploration and use of outer space. In fact, this subcommittee is the central working body for the development of principles and norms of the ITUC. The committee makes decisions based on the principle of consensus.
The UN Secretary-General is vested with a fairly wide range of powers in the field of coordinating cooperation in space exploration: 1) he is entrusted with the collection and dissemination of information on the space activities of states, 2) maintaining a register containing information about launched space objects and ensuring open access to it, 3) collection and dissemination of data on phenomena posing a danger to the life and health of astronauts and the actions of states to rescue and assist astronauts in the event of an accident, disaster, forced or unintentional landing, 4) appointment of an ad hoc chairman of the commission for the consideration of claims under the Liability Convention, etc. .
In addition, many specialized UN agencies play an important role in space exploration: 1) ITU (International Telecommunication Union), which develops regulations that allocate radio frequency ranges for space communications, studies the economic aspects of space communications, and exchanges information on the use of satellites for long-distance communications. , 2) UNESCO, whose main task in the field of space is to study the problems of using space communications for the purpose of disseminating information, social development, and expanding cultural exchange, 3) WHO, which promotes cooperation between states in the field of space medicine; 4) other organizations.
Two UN conferences on the exploration and use of outer space for peaceful purposes in 1968 and 1982 were also of great importance for the development of international cooperation in space exploration.
Within intergovernmental organizations
No universal intergovernmental international organization dealing with space issues has been created. Currently, a number of international organizations are involved in practical issues of international cooperation in this area within their competence.
International Maritime Satellite Communications Organization (INMARSAT). Its main goal was to radically improve maritime communications using artificial Earth satellites. The founding documents of INMARSAT consist of the intergovernmental Convention on the International Maritime Satellite Telecommunications Organization, which defines the fundamental provisions for the establishment of the organization, and the Operating Agreement, which regulates technical and financial issues, and which is signed either on behalf of the government or on behalf of the public or private competent organizations designated by it. Only states are bearers of rights and obligations under the Convention. The operating agreement provides that its subjects may be either states or competent national organizations designated by state governments.
International Organization for Communications through Artificial Earth Satellites (INTELSAT). The main purpose of INTELSAT is to carry out on a commercial basis the design, construction, operation and maintenance of a global communications system using artificial satellites, "used for international purposes and accessible to all States without discrimination of any kind." Currently, more than 100 states are members of INTELSAT. However, the specialized literature points out a number of shortcomings, the main of which are that more than half of all votes belong to the American private campaign COMSAT, which represents US interests in INTELSAT and that, rather, INTELSAT is a kind of joint stock company with the participation of foreign capital.
European Space Agency (ESA). Back in the early 60s, Western European countries decided to pursue a space policy independent of the United States. Several international organizations were formed. At the end of 1968, a decision was made to merge in the future all space organizations existing in Western Europe and to create a single organization - ESA. In 1975 alone, representatives of 11 countries signed the Convention establishing the ESA. Three more states have observer status. ESA's activities should be aimed at ensuring and developing cooperation between European states in space exploration and the practical application of astronautics achievements for peaceful purposes. The main tasks of ESA are: 1) development and coordination of a long-term common European space policy of all member states and each state individually, 2) development and implementation of a common European space program, 3) development and implementation of appropriate industrial policy. The agency's space programs are divided into mandatory, funded by all member states, and optional, funded only by interested parties.
Among other intergovernmental organizations, ARABSAT can be distinguished. It includes 21 member states of the League of Arab States. The main purpose of ARABSSAT is to establish and maintain a long-distance communication system for all members of the League.
Within international non-governmental organizations
These international non-governmental organizations do not represent a form of cooperation between states, since their founders and members are not states, but scientific societies, institutions and individual scientists. Their activities contribute to a wide exchange of information, discussion of various scientific problems and strengthening of international cooperation.
The Committee on Space Research (COSPAR) was created in October 1958 to continue cooperation activities in space exploration after the end of the International Geophysical Year. The main task of this international organization is “to provide scientists around the world with the opportunity to widely use satellites and space probes for scientific research of outer space and organize the exchange of information on the results of research on the basis of reciprocity.” Its goal is to promote progress in the study of outer space on an international scale.
The International Astronautical Federation (IAF) was organizationally formed in 1952. The activities of the IAF are based on the Charter adopted in 1961 with amendments in 1968 and 1974. The activities of the IAF are aimed at promoting the development of astronautics for peaceful purposes, promoting the dissemination of information about space research, as well as a number of socio-legal issues of space exploration. There are 3 categories of members in the IAF: 1) national members (astronautical societies of various countries), 2) universities, laboratories whose activities are related to training or research in the field of astronautics, 3) international organizations whose goals correspond to the objectives of the IAF.
International Institute of Space Law (IISL). Created to replace the previously existing Standing Legal Committee of the IAF. Its task is: 1) studying the legal and sociological aspects of space activities, 2) organizing annual colloquiums on space law, which are held simultaneously with IAF congresses, 3) conducting research and preparing reports on legal issues of space exploration, 4) publishing various materials on space right. The Institute also deals with teaching space law. It is the only non-governmental organization that discusses legal problems of space exploration. IICP is created on the basis of individual membership. He represents the IAF in the Legal Subcommittee of the UN Committee on Outer Space.
Responsibility
One of the ways to ensure order in international relations from ancient times to the present day is to use the institution of responsibility. In international relations there is no centralized supranational coercive apparatus. The international legal norms and principles themselves serve as a guarantee of compliance with the international legal order, the most important of which is the principle of pacta sunt servanda - treaties must be respected. But a kind of guarantee of compliance with this principle is precisely the above-mentioned principle - responsibility for causing harm or for refusing to compensate for it.
And, therefore, international responsibility is a special institution of international relations, including the obligation to eliminate the harm caused, unless the fault lies with the injured party, as well as the right to satisfy one’s violated interests at the expense of the interests of the party causing harm, including application to it in appropriate cases sanctions. The concept of responsibility in the ICP includes: 1) international responsibility of states for violation of the norms and principles of international law and 2) financial responsibility for damage caused as a result of space activities.
In the ITUC, the development of rules on liability began in the field of public legal relations. The problems of private liability for space activities have not yet been considered, which is explained by the fact that all space activities are carried out by states or they are responsible for the activities of private companies.
Legislative responsibility of states for space activities is established in the 1967 Outer Space Treaty, which states that “state parties to the treaty bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, regardless of whether they are carried out by governmental organizations or non-governmental legal entities In addition, it is stipulated that if space activities are carried out by an international organization, the participating States party to the treaty, along with the international organization, also bear responsibility for the implementation of the provisions of the treaty.
According to the Outer Space Treaty, international responsibility for damage caused by space objects or their component parts on the ground, in the air or in outer space, including the Moon and other celestial bodies, lies with the state that carries out or organizes the launch, as well as the state from the territory or settings that are being launched. Liability arises when damage is caused to another state, its individuals or legal entities.
Types of damage. This may be: the fall of any space objects or their parts can lead to the death of people, injury to them, destruction or damage to property belonging to the state or its individuals and legal entities, both on land and on the high seas and in the air. Damage can be caused during the launch of a space object into orbit if the flight path of the launch vehicle passes through the airspace in which aircraft are located. Damage can also be caused in outer space - a space object of one state can cause damage to an object in orbit of another state. When scientific stations, refueling stations and launch pads for deep space flights are created on celestial bodies, damage may be caused to these objects as well. Damage can be expressed in other forms: interference with space radio communications, television through space repeaters.
If damage is caused as a result of legal actions, without direct intent and without deliberate violation of legal norms, we can only talk about material compensation for damage. But when we have to deal with a deliberate violation of international law, we are talking about the political responsibility of one state to another or to the entire international community. In such cases, responsibility can be both political and material.
In 1971, the text of the draft Convention on International Liability for Damage Caused by Space Objects was adopted. Here are its main provisions. The concept of damage under it includes the deprivation of human life, bodily injury or other damage to health, destruction or damage to the property of the state, its individuals and legal entities or international intergovernmental organizations.
States bear absolute responsibility for damage caused by a space object on the surface of the earth or to an aircraft in flight. In case of damage caused by one space object to another, the state is liable only if there is fault. Exemption from liability is provided in case of gross negligence or intent of the victim.
A one-year limitation period is established. The amount of compensation is calculated in order to ensure the restoration of the state of affairs that would have existed if the damage had not been caused.
Disputed claims are governed by ad hoc claims commissions consisting of three members - representatives: 1) the claimant state, 2) the launching state, 3) a chairman elected by them. The decision of the commission is binding if an agreement has been reached between the parties, otherwise it is advisory in nature.
The 1971 session of the UN General Assembly approved the final text of the Convention on International Liability. In 1972, the convention was opened for signature, and it entered into force on August 30, 1972.
Development prospects
Prospects for the development of MCP fall into two large groups. Firstly, these are legal issues related to the further development of scientific and technological progress in the field of space exploration, as well as to the development of international relations on the same issues. Secondly, the direct improvement of existing legislation and the rule-making process in the ITUC.
I could include in the first group: 1) the need to resolve issues of legal regulation of live television broadcasting, 2) the need to conclude an agreement on the use of remote sensing of the Earth, 3) a serious need to establish the boundary between air and outer space, because it turns out that the border of state sovereignty in airspace has not yet been determined, 4) the need to establish a geostationary orbit regime, 5) the need to solve problems associated with nuclear energy sources in space.
The second group should include: 1) the need to resolve a number of controversial issues both in existing legislation and on issues that only need to be formalized into law, in particular, it is necessary to more clearly define the basic terms of the ICP - outer space, space object, etc. , 2) it is necessary to create a universal intergovernmental organization that would unite all international organizations associated with the ITUC, 3) it is necessary to develop and adopt clear, clear comprehensive principles of the ITUC, taking into account today's realities.
Taking into account all of the above, several conclusions can be drawn: 1) despite its relative youth, the ICL has already formed into a completely independent branch of international law, 2) despite the vagueness of some formulations (or even the absence of them), the ICL is quite capable of independently regulating all international relations, related to the exploration and use of space, 3) legal regulation of international relations arising in connection with space exploration contributes to the creation of a solid basis for international cooperation in space exploration.
1Polis is a city-state, a form of socio-economic and political organization of society in Ancient Greece.
2 See: Grabar V.E. Materials on the history of literature of international law in Russia (1647 - 1917). M.: Publishing House of the USSR Academy of Sciences, 1958.
3State Archive of the Russian Federation. F. 5765. Op. 1. D. 3.
4See: Bogaevsky P.M. International law. Sofia, 1923; It's him. International law. Sofia, 1932.
5 Taube M.A. Eternal peace or eternal war (Thoughts on the “League of Nations”). Berlin, 1922. P. 30.
6 Zimmerman M.A. Essays on new international law. Lecture guide. Prague: Flame, 1923. P. 318.
7 In the literature, the term “modern international law” is usually used to refer to the international law of a given era in a “floating” chronological framework. It is easy to see that this term is unfortunate and very conditional. What is modern is what corresponds to the life of the present generation... It is no coincidence that it appeared in 1882-1883. The fundamental two-volume work of St. Petersburg University professor F.F. Martens was called “Modern International Law of Civilized Nations.”
8 The treaty received this name after the names of the main initiators of its signing: Briand Aristide (1862 - 1932), French Foreign Minister, and Kellogg Frank Billings (1856-1937), US Secretary of State in 1925-1929.
910-29 May 1999, the International Air Transport Conference was held in Montreal, with the goal of modernizing the system of regulation of commercial aviation established by the Warsaw Convention of 1929, since this system was experiencing the destructive impact of the trends that had taken root in recent decades towards regionalization of criteria for establishing the liability of an air carrier for causing damages. harm to life, health and transported objects. To this end, a new convention has been adopted, which, among other things, increases liability limit up to 100 thousand US dollars.
countries, bypassing the territory of the aircraft flag state; g) transportation between airports of the same foreign country. The application of any of the listed rights is determined by bilateral agreements: the interested states, the 1963 Tokyo Convention on Offenses in Aircraft, on board for the entire flight the jurisdiction of the state of its registration.
The flight is considered from the moment the engines are started for the purpose of takeoff until the end of landing - the end of the landing run of the vessel.
Exception:
1. a crime directed against citizens over whose territory the ship flies.
2. a violation is committed by a citizen of the state
3. the ship itself violated the flight rules.
48. International legal regulation of space.
The International Federation of Aeronautics (IFA) has established an altitude of 100 km as the working boundary between the atmosphere and space.
Space law is a set of norms of international law regulating relations between various states, as well as states with international intergovernmental organizations in connection with the implementation of space activities and establishing the international legal regime of outer space, the Moon and other celestial bodies. K. p. as a branch of modern international law began to take shape in the 60s. 20th century in connection with the implementation of space activities by states, which began with the launch of the first artificial Earth satellite in the history of mankind in the USSR on October 4, 1957. The fundamental principles of international cosmos are contained in the Outer Space Treaty of 1967: freedom of exploration and use of outer space and celestial bodies; partial demilitarization of outer space (prohibition of placing any objects with nuclear weapons or any other types of weapons of mass destruction) and complete demilitarization of celestial bodies; prohibition of national appropriation of outer space and celestial bodies; extension of the basic principles of international law, including the UN Charter, to activities in the exploration and use of outer space and celestial bodies; preservation of the sovereign rights of states to the space objects they launch; international responsibility of states for national activities in space, including damage caused by space objects; preventing potentially harmful consequences of experiments in outer space and on celestial bodies; providing assistance to spacecraft crews in the event of an accident, disaster, forced or unintentional landing; promoting international cooperation in the peaceful exploration and use of outer space and celestial bodies.
The USSR made a significant contribution to the formation and development of the cultural sector; On his initiative, the Outer Space Treaty was concluded in 1967, and in 1968, the Agreement on the Rescue of Astronauts. In 1971, the Soviet Union came up with a proposal to develop an international treaty on the Moon, and in 1972
With a proposal to conclude a Convention on the principles governing the use by states of artificial Earth satellites for direct television broadcasting. Relevant draft agreements were presented to the UN. The Soviet Union seeks to prohibit the use of outer space for military purposes, considering such a prohibition as the best way to ensure that outer space is used exclusively for peaceful purposes. Back in 1958, the Soviet government came up with a proposal to ban the use of outer space for military purposes and on international cooperation in the field of space exploration (this proposal was included as an integral part of the Soviet draft treaty on general and complete disarmament).
KP is developing in 2 main directions. On the one hand, this is a process of concretization and development of the principles of the 1967 treaty (the 1968 Salvage Agreement and the 1972 Convention on International Liability for Damage are the first steps in this direction). Improving space flight technology raises the question of the feasibility and possibility of establishing an altitude limit for the spread of state sovereignty in above-ground space (i.e., defining the concept of outer space); the problem of developing legal measures to prevent clogging and contamination of space deserves attention. Another direction in the development of space technology is directly related to the use of artificial Earth satellites and orbital stations for communications, television broadcasting, meteorology, navigation, and the study of the Earth’s natural resources. International legal regulation in the field of space meteorology is becoming important for the purpose of mutual exchange of meteorological data and coordination of meteorological activities of different countries.
Specialized and other UN agencies are showing significant interest in space problems, including their international legal aspect. A number of non-governmental international organizations are studying the problems of space technology: the Inter-Parliamentary Union, the International Institute of Space Law, the Association of International Law, the Institute of International Law, etc. Research centers have been created in many countries to study the problems of space technology (in the USSR these problems are being studied in various research institutions; the Commission on Legal Issues of Interplanetary Space of the USSR Academy of Sciences and the Space Law Committee of the Soviet Association of International Law have also been created).
49. International legal regulation of environmental protection.
International legal environmental protection is a set of principles and norms of international law that make up a specific branch of this system of law and regulate the actions of its subjects (primarily states) to prevent, limit and eliminate damage to the environment from various sources, as well as in a rational, environmentally friendly manner. reasonable use of natural resources. The concept of "environment" covers a wide range of elements associated with conditions
human existence. They are distributed into three groups of objects: objects of the natural (living) environment (flora, fauna); objects of the inanimate environment (sea and freshwater basins - hydrosphere), air basin (atmosphere), soil (lithosphere), near-Earth space; objects of the “artificial” environment created by man in the process of his interaction with nature. Taken together, all this constitutes an environmental system, which, depending on the territorial sphere, can be divided into global, regional and national. Thus, the protection (conservation) of the environment is not adequate to the protection (conservation) of nature. Having emerged in the early 50s as the protection of nature and its resources from depletion and pursuing economic rather than conservation goals, in the 70s this task, under the influence of objective factors, was transformed into the protection of the human environment, more accurately reflecting the current complex global problem .
Kyoto Protocol- an international document adopted in Kyoto (Japan) in December 1997 in addition to the United Nations Framework Convention on Climate Change (UNFCCC). It commits developed countries and countries with economies in transition to reduce or stabilize greenhouse gas emissions in 2008-2012 compared to 1990. The period for signing the protocol opened on March 16, 1998 and ended on March 15, 1999.
As of March 26, 2009, the Protocol has been ratified by 181 countries (these countries collectively account for more than 61% of global emissions). A notable exception to this
list are USA. The first implementation period of the protocol began on 1 January 2008 and will last five years until 31 December 2012, after which it is expected to be replaced by a new agreement. It was assumed that such an agreement would be reached in December 2009 at the UN conference in Copenhagen.
Quantitative obligations
The Kyoto Protocol was the first global agreement on environmental protection based on a market-based regulatory mechanism - a mechanism for international trading of greenhouse gas emissions quotas.
The purpose of the restrictions is to reduce during this period the cumulative average level of emissions of 6 types of gases (CO2, CH4, hydrofluorocarbons, perfluorocarbons, N2O, SF6) by 5.2% compared to 1990 levels.
Flexibility Mechanisms
The protocol also provides for so-called flexibility mechanisms:
trading in quotas, in which states or individual economic entities on its territory can sell or buy quotas for greenhouse gas emissions on national, regional or international markets; joint implementation projects - projects to reduce greenhouse gas emissions,
carried out in the territory of one of the countries of Annex I of the UNFCCC in whole or in part due to investments of another country of Annex I of the UNFCCC;
Clean Development Mechanisms are projects to reduce greenhouse gas emissions carried out in the territory of one of the UNFCCC countries (usually developing), not included in Annex I, in whole or in part through investments from an Annex I country to the UNFCCC. The flexibility mechanisms were developed at the 7th Conference of the Parties to the UNFCCC (COP-7), held at the end of 2001 in Marrakech (Morocco), and approved at the first Meeting of the Parties to the Kyoto Protocol (MOP-1) at the end of 2005.
50. Concept, sources and subject of regulation of international humanitarian law (IHL). International nuclear law: concept and main sources.
International humanitarian law- a set of international legal norms and principles governing the use of war as a tool for resolving disputes, the relations of warring parties among themselves and with neutral states, the protection of victims of war, as well as limiting the methods and means of warfare.
The international law of armed conflicts is codified in the Hague Conventions, the Geneva Conventions for the Protection of Victims of War of 1949 and their Additional Protocols of 1977, resolutions of the UN General Assembly and other documents.
The restrictions established by international humanitarian law also apply to armed conflicts of a non-international (internal) nature.
Main sources of international humanitarian law are the four Geneva Conventions for the Protection of Victims of Armed Conflicts of August 12, 1949 and two Additional Protocols to them dated June 8, 1977. These treaties are of a universal nature. Thus, today there are 188 states party to the four Geneva Conventions, 152 states to Additional Protocol I, and 144 states to Additional Protocol II. International humanitarian law also includes a number of other international agreements aimed primarily at limiting the means and methods of warfare. It should be emphasized that today many norms of international humanitarian law are considered as customary norms that are binding on
all states without exception, including states that are not parties to the relevant international treaties.
IN basis of international humanitarian law there is a responsibility to protect the lives of the civilian population, as well as the health and integrity of civilians and other categories of non-combatants, including the wounded or captured, as well as those who have laid down their arms. In particular, attacking these persons or intentionally causing them physical harm is prohibited. In other words, international humanitarian law is intended to strike a balance between military necessity and humanity. Based on this principle, international humanitarian law prohibits certain acts, such as militarily useless acts committed with extreme cruelty.
International nuclear law- this is a branch of international public law, which is still in its infancy and represents a set of rules governing relations between subjects of international law in connection with their use of atomic energy. In 1956, for the purpose of effective multilateral cooperation, a universal
international atomic organization - the International Atomic Energy Agency (IAEA), as well as regional organizations - the European Atomic Energy Community (Euratom), the European Center for Nuclear Research (CERN), the Agency for the Prohibition of Nuclear Weapons in Latin America (OPANAL), etc.
Multilateral nuclear agreements have enabled higher levels of international cooperation. Such agreements should include ILO Convention No. 115 for the Protection of Workers from Ionizing Radiation of 1960, the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960, the Vienna Convention on Civil Liability for Nuclear Damage of 1963, the Physical Protection Convention Nuclear Material 1980, Convention on Early Notification of a Nuclear Accident 1986, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 1986, International Convention on Nuclear Safety 1994, etc.
One of the directions in the development of international atomic law is the conclusion of treaties between states and international organizations. An important role in this group of international agreements is played by bilateral and trilateral agreements on guarantees and control over nuclear facilities and materials, concluded between the governments of many states and the IAEA. Ukraine, having voluntarily become a non-nuclear state in 1994, also concluded such an agreement with the IAEA.
The Agency was created as an independent intergovernmental organization within the UN system, and with the advent of the Treaty on the Non-Proliferation of Nuclear Weapons, its work acquired special significance, since the NPT made it mandatory for each state party to enter into a safeguards agreement with the IAEA.
The purpose of the Agency’s work in the country is to ensure that work in the peaceful nuclear field is not switched to military purposes. The state, by signing such an agreement, seems to guarantee that it does not conduct military-related research, which is why this document is called a guarantee agreement. At the same time, the IAEA is a purely technical body. It cannot give a political assessment of the activities of a particular state. The IAEA has no right to speculate - the Agency works only with available facts, basing its conclusions solely on the tangible result of inspections. The IAEA safeguards system cannot physically prevent the diversion of nuclear material from peaceful to military uses, but only detects the diversion of safeguarded material or
misuse of the protected installation and initiate consideration of such facts at the UN. At the same time, the Agency’s conclusions are extremely cautious and correct.
An important component of atomic law consists of bilateral and multilateral treaties aimed at preventing nuclear armed conflict: the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 1963; Agreement on measures to reduce the risk of nuclear war between the USSR and the USA, 1971; Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Their Subsoil 197! G.; Agreement between the USSR and Great Britain on the Prevention of Accidental Nuclear War, 1971; SALT I Treaty between the USSR and the USA, 1972; Agreement between the USSR and the USA on the Prevention of Nuclear War, 1973; Agreement between the USSR and France on the prevention of accidental or unauthorized use of nuclear weapons, 1976; START I Treaty between the USSR and the USA, 1991; START II Treaty between Russia and the USA in 1993, etc.
Agreements on the creation of nuclear-free zones in Antarctica, Latin America, the South Pacific, Southeast Asia, and Africa also help prevent nuclear war.
Concept, essence and main features of international space law
From the very beginning of space activities, it turned out that any of its types can affect the interests of one or more foreign states, and most types of space activities affect the interests of the entire international community. This entailed the need, firstly, to separate the concepts of “legal space activities” and “illegal space activities” and, secondly, to establish a certain procedure for carrying out space activities that are permissible from the point of view of international communication.
The implementation of any activity affecting the interests of other states inevitably leads to the emergence of international legal relations. In such cases, subjects of international law become bearers of the corresponding rights and obligations.
Recognition that international legal relations may arise in the process of space activities was already contained in UN General Assembly Resolution 1348 (XIII) of December 13, 1958, which noted “the general interest of mankind in outer space” and the need to discuss within the UN the nature of “ legal problems that may arise during space exploration programs.”
The development of international legal norms regulating relations arising in the process of space exploration initially took place on the basis of the concept of space activity as an object of legal relations. At the same time, there was a need to establish a legal regime for outer space, a new environment in which human activities became possible.
The UN General Assembly resolution “Question of the peaceful uses of outer space,” adopted on December 13, 1958, speaks of both the legal status of outer space and the nature of space activities (the desire to use outer space exclusively for peaceful purposes, for the benefit of humanity ; the need for international cooperation in a new area).
The 1967 Outer Space Treaty establishes the regime of outer space (Articles I and II) and at the same time defines the rights and obligations of states in the process of activities not only in space itself, but also in all other environments, if their activities there are related to research and use of space.
If the norms and principles of international space law related only to the regulation of activities in outer space itself, then the corresponding legal relations on Earth related to activities in outer space would be artificially removed from the scope of space law.
There is an inextricable connection between the legal regime of outer space and the legal regulation of activities related to the use of this space. Even before the UN General Assembly recognized the need to develop special legal principles for space activities, legal scholars in many countries predicted that the system of international law would develop a special group of norms and principles designed to regulate legal relations in the new field of activity. The specificity of this group of norms and principles was justified by the characteristics of outer space itself as a new environment for human activity, as well as the characteristics of space activity, which differs significantly from activity in any other area.
Space law has the following features: only outer space gives humanity the opportunity to go beyond the terrestrial environment in the interests of the further progress of civilization; in outer space there are celestial bodies whose territories do not belong to anyone and can be used by humans in the future; space is practically limitless; unlike land territory, the oceans and airspace, outer space cannot be divided into any zones in the process of its use; outer space poses a particular danger to human activity; In space and on celestial bodies there are physical laws that differ significantly from those on earth.
The peculiarities of space activity include the fact that it is carried out with the help of fundamentally new means - rocket and space technology; the use of space for military purposes poses an incomparable danger; all states without exception are interested in the results of space activities, and at present only a few of the most scientifically and industrially developed states can carry them out independently; the launch of spacecraft and their return to Earth may involve the use of the airspace of foreign states and the open sea; space launches can cause damage to foreign countries and their citizens.
Based on the specified specifics of outer space and space activities, the legal doctrine proposed various solutions to problems arising in connection with human activities in this area.
Some lawyers substantiated the specifics of international legal regulation of space activities and the regime of outer space. At the same time, they went so far in their reasoning that they formulated a conclusion either about the complete independence of the new type of legal relations and its isolation from the entirety of already existing international legal relations, or about the need to revise existing international law under the influence of a new type of activity.
An analysis of the nature and goals of space activity shows that there is no exclusivity from the point of view of social relations in this new sphere of human activity.
There is an inextricable connection between law and foreign policy. Closely related to issues of foreign policy and space exploration. The guiding principle in the conduct of foreign policy by states in any field today should be the principles of peaceful coexistence, which, of course, apply to space activities.
General legal principles were of particular importance for space activities during the period when international space law was in the initial stage of its formation. The absence of special principles had to be compensated by the application of general principles. This approach made it possible to reject unfounded allegations about a “legal vacuum” in the field of space activities.
From the very beginning of the emergence of the science of international space law, Soviet and other progressive lawyers proceeded from the fact that the basic principles and norms of international law also apply to space activities. As for its specificity, it must be taken into account in special rules, which, being based on generally recognized fundamental principles and norms, can constitute a new branch of international law, but by no means an independent legal system.
The Soviet and later Russian concept of international law is based on the close relationship between scientific and technological progress and law. The progress of science and technology cannot but affect the development of international law. Major scientific and technological achievements have always necessitated legal regulation of relations between states related to the use of these achievements, due to the fact that the consequences of their application can become regional and even global.
However, international law not only experiences the impact of scientific and technological progress, but also, in turn, influences the development of science and technology. The adoption of prohibitive norms slows down the improvement of some types of technology and stimulates the development of new ones, the use of which would not be subject to these prohibitions.
If, from the point of view of the science of nature, the cosmos is subject to its own special laws, then from the point of view of the science of society, it must obey principles common to all mankind, which apply to all types of activity. International law is a social historical institution, the existence of which is determined by the division of the world into independent states. Any activity is subject to regulation by this system of law if it affects the interests of more than one state. The norms of international law generally recognized in each specific era are subject to application wherever different states operate.
The legal regime of outer space and the regulation of space activities cannot be divorced from the basic principles of peace and peaceful coexistence of states. They must be built taking into account current problems in the development of modern international relations.
The extension of the basic principles of modern international law to space is also necessary because they include provisions on equality, peaceful coexistence, cooperation between states, non-interference in each other’s internal affairs, etc. All peoples are interested in their observance. These principles apply to all types of space activity, despite its specificity. Only on the basis of these principles is it possible to organize broad international cooperation and accelerated progress in the field of space exploration and use.
The theoretical debate among legal scholars ended with the official recognition by states of the applicability of international law, including the UN Charter, to outer space and celestial bodies [p. 1a of UN General Assembly resolution 1721 (XVI) of December 20, 1961]. A year later, states recognized the applicability of international law, including the UN Charter, to the activities of states in the exploration and use of outer space [preamble to UN General Assembly resolution 1802 (XVII) of December 14, 1962]. The 1967 Outer Space Treaty already contains binding substantive rules according to which outer space is open to exploration and use by all States in accordance with international law (Article I), and activities for the exploration and use of outer space must be carried out in accordance with international law , including the UN Charter (Art. III).
International space law- one of the new branches of modern international law, formed in the process of states' exploration of outer space and including rules that regulate international legal relations in relation to the status of outer space as a special, extraterrestrial environment and to the activities of states in the exploration and use of this space.
The exploration and use of outer space serves the interests not only of the state that carries out such activities, but also the global interests of all humanity. International space law can be defined as a set of international legal norms that establish the regime of outer space and celestial bodies and regulate relations between states and international organizations in connection with the exploration and use of space.
The sources of international space law are international treaties and international legal customs. The principles of the UN Charter also apply in space law.
The main source of this industry is the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, dated January 27, 1967.
Other multilateral treaties establishing the basic provisions of space law are: the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water of August 5, 1963, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, of April 22, 1968, Convention on International Liability for Damage Caused by Space Objects, of March 29, 1972, Convention on the Registration of Objects Launched into Outer Space, of January 14, 1975, Agreement concerning the Activities of States on the Moon and Others celestial bodies dated December 18, 1979. Countries belonging to the Commonwealth of Independent States entered into an Agreement on Joint Activities in the Exploration and Use of Outer Space on December 30, 1991, and later created the Interstate Council on Space.
Bilateral agreements on cooperation in space are widely used. The Russian Federation has such documents with the USA, China, Mexico, France, Australia, many other countries, as well as with the European Space Agency.
Before the conclusion of the 1967 Treaty, the basic rules of space activities had the status of customary norms. The norm defining the boundary between air and outer space at the level of the lowest perigees of artificial Earth satellites is still a legal custom.
The formation of international space law was greatly influenced by the resolutions of the UN General Assembly, primarily the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, 1963. One can also note the 1982 General Assembly resolution “Principles for the use by States of artificial Earth satellites for international direct television broadcasting", as well as the 1966 resolution "Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and Interest of All States, with Special Consideration to the Needs of Developing Countries".
The Law of the Russian Federation “On Space Activities”, adopted on August 20, 1993, as amended and supplemented by the Federal Law of November 29, 1996, is essential for the implementation of international space law. Section VI of the Law regulates issues of international cooperation.
Legal regime of outer space and celestial bodies
The 1967 Outer Space Treaty contains the fundamental principles of the activities of states in outer space and norms that directly characterize its legal regime.
The states parties to the Treaty carry out activities in the exploration and use of outer space, including the Moon. other celestial bodies, in accordance with international law, including the UN Charter, in the interests of maintaining international peace and security, developing international cooperation and mutual understanding (Article 111). Thus, the scope of application of international law becomes not only territories and spaces on Earth, but also extraterrestrial - outer space. This is due to the interests of all states, all humanity.
The exploration and use of outer space, including the Moon and other celestial bodies, is carried out for the benefit and in the interests of all countries, regardless of the degree of their economic or scientific development, and is the property of all humanity. This means that the results of activities related to the exploration and use of space are also the property of all humanity. The agreement on the activities of states on the Moon and other celestial bodies establishes that the Moon and its natural resources are the common heritage of mankind.
The content of the concept of “common heritage of mankind” in the context of the content of international norms allows us to conclude that space and celestial bodies cannot be considered as a “common thing” or “common property” of humanity. They are only for his general use. Arbitrary appropriation of objects that have the status of the common heritage of mankind is unacceptable. Such facilities must be used in a fair and rational manner. The concept of the common “heritage of humanity” is intended to ensure equality of all states in the use of these objects.
In relation to the Moon and other celestial bodies, the common heritage of humanity is not only the celestial bodies themselves, but also their resources, both unmined and mined. The 1967 Outer Space Treaty established the provision that “outer space, including the Moon and other celestial bodies, is not subject to national appropriation, either by declaration of sovereignty over it, or by use or occupation, or by any other means” (Art. II) . An identical provision is fixed in Art. 11 Agreement on the activities of states on the Moon and other celestial bodies. On the Moon, freedom of scientific research is proclaimed, carried out taking into account the equality of all parties to the Moon Agreement without any discrimination. States have the right to collect samples of minerals and other substances on the Moon, to remove them from the Moon, and to dispose of them, taking into account the desirability of making part of such samples available to other parties to the Agreement, which should not be considered as national appropriation. In this regard, it is stated: “The surface or subsoil of the Moon, as well as areas of its surface or subsoil or natural resources where they are located, cannot be the property of any state, international intergovernmental or non-governmental organization, national organization or non-governmental institution or any natural person."
At the same time, the participating States undertake to establish an international regime to regulate the exploitation of the natural resources of the Moon when it becomes clear that such exploitation is possible. The goals of this regime, in particular, will be: the orderly and safe development of the natural resources of the Moon, their rational regulation, “fair distribution among all participating states of the benefits received from these resources, with special regard to the interests and needs of developing countries, as well as the efforts of those countries who have directly or indirectly contributed to lunar exploration."
The issue of the border between air and outer space has not been settled by agreement. A customary legal norm has emerged according to which this boundary passes at the height of the minimum perigee of the orbits of artificial Earth satellites, i.e., at an altitude of 100-110 km above ocean level. Aboveground space at the level and above the limits of minimum low satellite orbits does not fall under the sovereignty of the states located below this space and is considered open space.
Outer space, including the Moon and other celestial bodies, is open to exploration and use by all states without any discrimination, on the basis of equality, with free access to all areas of celestial bodies. The principle of freedom to explore and use outer space and celestial bodies also covers scientific research. An important element of space law is the principle of partial demilitarization of outer space and complete demilitarization of celestial bodies.
This means that the states parties to the Treaty undertake not to place into orbit around the Earth any objects with nuclear weapons or any other types of weapons of mass destruction, not to install such weapons on celestial bodies or to place them in outer space in any other way. It follows that space is partially (with regard to weapons of mass destruction) demilitarized.
The Moon and other celestial bodies are used exclusively for peaceful purposes: the creation of military bases, structures and fortifications, testing of any types of weapons and military maneuvers are prohibited. Consequently, a regime of complete demilitarization has been established on the Moon and other celestial bodies. The Agreement on the Activities of States on the Moon and Other Celestial Bodies of December 18, 1979 established additional restrictions on the military activities of states: the threat or use of force, any other hostile actions or the threat of their commission are prohibited on the Moon; It is also prohibited to use the Moon to carry out any such actions or apply any similar threats against the Earth, spacecraft, their personnel or artificial space objects. It is allowed to use military personnel on the Moon for scientific research or any other peaceful purposes.
Restrictions on military activities in space and on celestial bodies are also provided for in other international instruments, in particular, in the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Underwater.
The principle of international space law is to promote international cooperation in the peaceful exploration and use of outer space. In this regard, the parties to the 1967 Treaty undertake to inform the UN Secretary-General, as well as the public and the international scientific community, to the maximum possible and practicable extent about the nature, progress, locations and results of space activities.
The principles of space law also include the prevention of harmful space pollution, as well as adverse changes in the earth’s environment due to the delivery of extraterrestrial substances. If a state party to the Treaty has reason to believe that an activity or experiment planned by it or its citizens will create potentially harmful interference with the activities of other parties to the Treaty in the peaceful exploration and use of outer space, then it is obliged to conduct the necessary international consultations. Similar consultations may be requested by any other parties to the Agreement. States bear international responsibility for their activities in outer space, regardless of whether they are carried out by government agencies or non-governmental legal entities. In addition, States are responsible for ensuring that their national activities are carried out in strict accordance with the provisions of the Treaty. Activities in space by non-governmental legal entities must be carried out with the permission of the relevant state party to the Treaty and under its constant supervision. In the case of activities in space by an international organization, both the organization itself and the states participating in it bear responsibility for the implementation of the Treaty.
Legal regime of space objects
Space objects are understood as artificial bodies that are created by people and launched into space. Such objects include their components and delivery vehicles. A type of space objects are spaceships - vehicles designed for people and cargo. Space objects are launched into outer space or onto celestial bodies to collect and transmit information. They also serve the purposes of production processes and cargo transportation. Space objects may belong to one or more states, a non-governmental legal entity, or an international intergovernmental organization.
According to the Convention on the Registration of Objects Launched into Outer Space, such registration is mandatory for its participants. The state that launched a space object into orbit around the Earth or further into outer space registers it by recording it in the appropriate register, which must be maintained by that state. It also determines the contents of the register and the conditions for its maintenance.
The state carrying out or organizing the launch of a space object informs the UN Secretary-General of the establishment of such a register, who, in turn, maintains a Register in which information provided by the state of registration is entered. The state in whose registry the object is entered retains jurisdiction and control over it and over any crew of this object while they are in outer space, including on a celestial body. The right of ownership extends both to space objects launched into outer space, including objects delivered or constructed on a celestial body, and to their component parts.
International space law contains rules for the location of space objects on natural celestial bodies, in particular on the Moon. States can land their space objects on the Moon and launch them from the Moon, place their personnel, spacecraft, equipment, installations, stations and structures anywhere on the surface of the Moon and its interior. Personnel and these space objects can move freely on the surface of the Moon and in its interior. Such actions should not, however, interfere with the activities of other states on the Moon.
States may also establish inhabited and uninhabited stations on the Moon, informing the UN Secretary-General of their location and purposes. The stations must be located in such a way as not to interfere with the free access of personnel, vehicles and equipment of other countries to all areas of the Moon. The placement of personnel, spacecraft, equipment, stations, and structures on the surface of the Moon or in its depths does not create ownership rights to the surface or depths of the Moon. In order for each State Party to ensure that other States Parties are acting in accordance with the 1979 Moon Agreement, all spacecraft, equipment, installations, stations and structures on the Moon are open to inspection.
A number of norms of international space law regulate the issue of the return of space objects. The 1967 Outer Space Treaty establishes a rule according to which, if such objects or their components, upon returning to Earth, are found outside the borders of the state party to the Treaty that has entered them into its register, then they must be returned to that state. This issue is resolved in more detail in the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. Every State which receives information or discovers that a space object or its component parts, upon returning to Earth, has found itself in territory under its jurisdiction, or on the high seas, or in any other place not under the jurisdiction of any State, is obliged inform the launching authorities and the UN Secretary-General. At the request of the authorities that carried out the launch, the state on whose territory the space object was discovered takes measures to save this object and return it. The authorities that carried out the launch are obliged to take effective measures to eliminate the possible danger of harm even if the state that discovered a space object on its territory or in any other place has reason to consider this object dangerous or harmful in its characteristics. The term "launching authorities" refers to both the states responsible for the launch and international intergovernmental organizations.
States and intergovernmental organizations, when launching objects into space, are obliged to take precautionary measures to prevent threats to the life and health of individuals, destruction or damage to the property of states, their individuals or legal entities or international organizations. However, the possibility of causing damage remains. In order to regulate this issue, the Convention on International Liability for Damage Caused by Space Objects was adopted. It establishes the principle of absolute responsibility of the launching State for the payment of compensation for damage caused by its space object on the surface of the Earth or to an aircraft in flight. If damage is caused to a space object or to persons or property on board it at any place beyond the surface of the Earth, then the launching State is liable only if the damage was caused through its fault or through the fault of persons for whom it is responsible.
A claim for compensation for such damage may be made against the launching State by the State that suffered the damage or harm to its individuals or entities. If the launch of a space object is carried out jointly by two (or more) states, then they bear joint liability for the damage caused. In this regard, the launching state, which has paid compensation for damage, has the right to make a recourse claim against the remaining participants in the joint launch.
Thus, liability for activities in space is a type of international liability. Its subjects are states. It is the state that is responsible for the space activities of not only government agencies, but also individuals and legal entities under its jurisdiction.
The grounds for liability are:
- first, space activities of a state that comply with international law but cause harm to another state. This is responsibility for lawful activities that have led to adverse consequences on Earth;
- secondly, the state’s space activities that caused harm due to a violation of international law. If a state encroaches on the foundations of international law and order in outer space and causes harm to other states through its activities, then it commits an international offense.
Diplomatic means are used to make a claim for compensation for damage, but if diplomatic negotiations do not lead to a settlement of the claim, then at the request of any of the interested parties, a Claims Commission is created which determines the validity of the claim for compensation and, if accepted, determines the amount of compensation. The Commission's decision is final and binding if the parties agree in advance. Otherwise, the Commission makes a determination that is advisory in nature.
Space crews
International space law considers astronauts to be messengers of humanity into space. The 1967 Outer Space Treaty obliges its parties to provide all possible assistance to astronauts in the event of an accident, disaster or forced landing on the territory of another state or on the high seas. Astronauts making such an emergency landing must be ensured safety. They are immediately returned to the state in whose register their spacecraft is entered. While in outer space, including on celestial bodies, cosmonauts of one state party to the Treaty provide possible assistance to cosmonauts of other states. Persons in distress on the Moon are given the right to shelter at stations, structures, apparatus and other installations of the states parties to the Agreement on the Moon and Other Celestial Bodies.
If an accident or disaster, forced or unintentional landing of the crew of a spacecraft leads to landing in territory under the jurisdiction of any state, then it must take all possible measures to rescue the crew and provide them with the necessary assistance. The authorities that carried out the launch may also participate in search and rescue operations for astronauts. Such actions are undertaken on the basis of cooperation between the parties under the direction and control of the State exercising jurisdiction over the territory where search and rescue operations are carried out.
Legal forms of cooperation between states in space
According to Art. IX of the 1967 Treaty, in the exploration and use of outer space, its parties must be guided by the principle of cooperation and mutual assistance with due regard to each other's respective interests. In particular, this is manifested in the obligation to avoid potentially harmful interference with the activities of other states, to consider on an equal basis their requests to provide them with the opportunity to monitor the flight of space objects, to provide possible assistance to cosmonauts of other states, etc. International treaties, both bilateral, and multilateral, such specific forms of cooperation as space exploration, space meteorology, space communications, space biology and medicine are regulated. Mixed working groups are created for each area of cooperation.
A number of agreements provide for joint experiments, the creation of optical observation stations for artificial Earth satellites, and the implementation of joint manned flights.
The agreement on joint activities in the exploration and use of outer space, signed by the CIS states on December 30, 1991, established important principles of cooperation: joining efforts for the effective exploration and use of space in the interests of the national economy and science, as well as the defense capability and ensuring the collective security of the participating states Commonwealth; confirmation of the need for strict compliance with the international obligations previously assumed by the USSR in the field of exploration and use of outer space; carrying out joint activities in the field of space on the basis of interstate programs, financing these programs through the share contributions of the states parties to the Agreement; coordination of efforts to solve international legal problems in the exploration and use of outer space.
According to the Law of the Russian Federation “On Space Activities,” Russia promotes the development of international cooperation, as well as the maintenance of peace and international security through the use of achievements in space science and technology. In relation to foreign citizens carrying out space activities under the jurisdiction of the Russian Federation, it is provided that they enjoy the legal regime established for organizations and citizens of the Russian Federation, to the extent that such a regime is provided by the relevant state to organizations and citizens of the Russian Federation. Organizations and citizens of the Russian Federation taking part in the implementation of international projects enter into agreements with foreign organizations and citizens in accordance with the legislation of the Russian Federation, unless otherwise provided by these agreements. Space activities prohibited by international treaties of the Russian Federation are not permitted. /The broadest cooperation on space issues. carried out in international organizations. The UN is called upon to consider the most general, predominantly political issues related to the exploration and use of outer space for peaceful purposes. Thus, the UN General Assembly in 1986 formulated principles regarding remote sensing of the Earth from space.
The UN General Assembly determines the tasks for developing legal problems of space, approves draft agreements on outer space developed by the Committee on the Peaceful Uses of Outer Space, and resolves a number of other issues.
Many specialized UN agencies play a significant role in the development of international cooperation in space. Thus, the International Telecommunication Union is developing regulations that allocate radio frequency ranges for space communications; The World Meteorological Organization deals with the use of artificial satellites in meteorology.
There are also international intergovernmental organizations that are created specifically for cooperation on space issues. These include, in particular, the International Organization of Maritime Satellite Communications (INMARSAT), the International Organization of Space Communications Intersputnik, and the International Organization of Communications through Artificial Earth Satellites (INTELSAT).
INMARSAT is designed to provide the space segment needed to improve maritime communications and thereby contribute to improved communications for disaster warning and safety of life at sea.
Intersputnik coordinates the efforts of member states to design, create, operate and develop a communication system through artificial Earth satellites.
INTELSAT's objectives are the commercial design, construction, operation and maintenance of a global international satellite communications system.
Literature
- Vasilevskaya E. G. Legal status of natural resources of the Moon and planets. M., 1978.
- Vereshchetin V.S. International space law and domestic law: problems of interrelation // Sov. state and law. 1981. No. 12.
- Vereshchetin V.S. International cooperation in space: legal issues. M., 1977.
- Kamenetskaya E. P. Space and international organizations: international legal problems. M., 1980.
- Kolosov Yu. M., Stashevsky S. G. The struggle for peaceful space: Legal issues. M., 1984.
- International space law / Rep. ed. A.S. Piradov. M., 1985.
- Postyshev V. M. The concept of the common heritage of mankind in relation to the Moon and its natural resources // Sov. Yearbook of International Law. 1987. M., 1988.
- Legal problems of human flights into space // Responsible. ed. V.S. Vereshchetin. M., 1986.
- Rudev A. I. International legal status of space stations. M, 1982.
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