Topic No. 9.
1. Concept, sources and principles of ICP.
2. legal regime of outer space and celestial bodies.
3. legal regime of space objects.
4. legal regime of astronauts.
MCP is one of the newest branches of modern small business.
The International Space Code is a set of international norms and principles governing the relations of states on the use and exploration of outer space and celestial bodies.
The sources of the ICL are predominantly international treaties. The main MDs in this area include the following:
· an agreement on the principles of activities of states in the exploration and use of outer space, including the moon and other celestial bodies. (1967 - Outer Space Treaty).
· agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, 1968.
· Convention on International Liability for Damage Caused by Space Objects, 1972.
· Convention on the Registration of Objects Launched into Outer Space, 1975.
· agreement on the activities of states on the Moon and other celestial bodies, 1979. (Moon Treaty).
ICP principles:
· freedom to use outer space, the Moon and other celestial bodies without any discrimination
freedom to explore outer space, the Moon and other celestial bodies without any discrimination
· ban on the extension of state sovereignty to outer space, the Moon and other celestial bodies
· ban on private appropriation of outer space, the Moon and other celestial bodies
· the legal regime of outer space, the Moon and other celestial bodies is established and regulated only by the MP
· partial demilitarization of outer space (partial demilitarization - military equipment can be used in outer space, but only for peaceful purposes)
· complete demilitarization of outer space, the Moon and other celestial bodies (testing of any types of weapons in outer space and on celestial bodies is prohibited).
For violation of these principles, states bear international legal responsibility.
KP and NT are territories with MP regime. those. any state has the right to use and study these objects for peaceful purposes.
The checkpoint begins at an altitude of 100-110 km above sea level. where the airspace ends.
Celestial bodies are any objects of natural origin located in the CP.
States cannot extend their sovereignty to outer space and celestial bodies.
States have the right to place various objects on the surface of celestial bodies. These objects are the property of states, but can be used by astronauts if necessary (cosmonauts of any nationality).
Neither KP nor NT can be owned by anyone. Cannot be the property of the state, individual or legal entity.
Space objects (SO) are objects of artificial origin that are launched into outer space for its research.
satellites
spaceships and their parts
KOs are owned by the states in whose territory they were registered. They are used only for peaceful purposes. There is no private ownership of KOs.
States are required to register all spacecraft that are launched into space from their territory.
The UN maintains a general register of all FBOs.
A KO located in outer space is subject to the jurisdiction of the state in which it was registered.
If the ship is owned by several states, then MD norms apply on board.
The state is responsible for the technical condition of the facility. If a KO causes damage to any objects in the CP, or on the surface of the Earth, then the state to which the KO belongs is responsible for this damage.
Cosmonauts are members of spaceship crews.
Astronauts are humanity's ambassadors in space.
Astronauts are immune. immunity is associated only with the performance by astronauts of their official duties.
In outer space, astronauts have the right to use objects belonging to any state, but only for peaceful purposes and without causing damage to these objects.
It is believed that the astronauts are at the control point in an extreme situation. Cosmonauts are not responsible if, during landing, they violate the air border of a foreign state.
In principle, there are rules for landing a space object on Earth. The MP provides that if they land in another state, this is not a violation of national or international law.
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 by states of space activities, which began with the launch in the USSR on October 4, 1957 of the first artificial Earth satellite in the history of mankind. 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 concretizing and developing 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 related to 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.
International legal principles and norms governing relations regarding the legal status of outer space and its use constitute the industry of MP- international space law(MCP).
Well-known Russian lawyers, in particular professors: V.S., have been and are engaged in issues of legal support for international cooperation in outer space. Vereshchetin, G.P. Zhukov, Yu.M. Kolosov, E.A. Korovin, A.S. Piradov, A.V. Yakovenko and others.
The contractual sources of the MCP, in particular, include:
Moscow Treaty Banning Tests of Nuclear Weapons in the Atmosphere, Outer Space and Underwater, 1963;
- Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967;
- Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, 1968;
- Convention on International Liability for Damage Caused by Space Objects, 1972;
- Convention on the Registration of Objects Launched into Outer Space, 1975;
- Convention on the Prohibition of Military or Other Hostile Use of Environmental Modifications, 1977;
- Agreement on the Activities of States on the Moon and Other Celestial Bodies of 1979 (Russia does not participate);
- Agreement on joint activities in the exploration and use of outer space (in force in the CIS since 1991);
- Agreement between Russia, USA, Canada and European member countries of ESA on the creation and use of the International Space Station (ISS), 1998.
Many issues of cooperation between states in space are resolved by bilateral agreements. Russia, for example, entered into an agreement with Kazakhstan to lease the Baikonur Cosmodrome, which after the collapse of the USSR remained on the territory of Kazakhstan.
The following UN General Assembly resolutions are of great importance for the establishment of law and order in this area of relations:
- Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space, 1963;
- Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting, 1982;
- Principles Relating to Remote Sensing of the Earth from Space 1986;
- Principles Relating to the Use of Nuclear Power Sources in Outer Space, 1992;
- 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, 1996.
The institutional basis for cooperation between states in space is:
- UN Committee on the Peaceful Uses of Outer Space (with Legal Subcommittee);
- International Telecommunication Union (ITU);
- International Organization for Telecommunications through Artificial Earth Satellites (INTELSAT), headquartered in Washington;
- International Maritime Satellite Telecommunications Organization (INMARSAT), headquartered in London;
- International Space Telecommunications Organization (Intersputnik), headquartered in Moscow;
- European Space Agency (ESA), headquartered in Paris, - etc.
Among non-governmental organizations, the most famous is the Committee on Outer Space Research, COSPAR, established in 1958 by the academies of sciences of different countries.
- outer space, including the Moon and other celestial bodies, is open to all and not subject to national appropriation;
- celestial bodies and their natural resources are the common heritage of humanity;
- astronauts are “ambassadors of humanity”, but are subject to the jurisdiction of the state of registration of the spacecraft, regardless of their nationality;
- cosmonauts are criminally responsible for certain unlawful actions in orbit before the state of their citizenship;
- States retain ownership of space objects. Other states are required to return these objects and parts thereof at the expense of the state of registration;
- when launching and descending space objects, any state has the right to their peaceful flight in the airspace of another state;
- all activities in space must be peaceful;
- The Moon and other celestial bodies should be used exclusively for peaceful purposes;
- it is prohibited to put into orbit objects with nuclear or any weapons of mass destruction;
- States exploring space and other celestial bodies are obliged to share results with other countries. The results of such research should be the property of all mankind;
- States must avoid harmful impacts on the space environment and from space on the terrestrial environment;
- states are obliged to provide assistance to astronauts in the event of an accident;
- Responsibility for the activities of individuals and legal entities in space lies with the relevant states. If such activities are carried out by an international organization, then the participating states bear joint responsibility;
- a state bears absolute responsibility for damage caused by its space object on the surface of the Earth or to an aircraft in flight. For damage caused to an object of another state located in space, liability arises only if there is fault;
- Remote sensing of the Earth from space should not harm the rights and interests of the state - the object of sensing. The data obtained must be transmitted to the UN Secretary General.
An example of interaction between states in connection with responsibility for activities in space is the Soviet-Canadian incident of 1978. The Soviet satellite Kosmos-954 with a nuclear reactor suffered an accident and fell into Canada, resulting in radioactive contamination of the northern regions of Canada. This case did not fall within the scope of the 1972 Convention on International Liability for Damage Caused by Space Objects, namely its definition of damage. The USSR, in the spirit of goodwill, compensated Canada for half of the costs of searching for and removing radioactive elements.
There are many problems and unresolved issues on the way to developing cooperation between states in space. As they are resolved, the MCP evolves. The problem of delimiting air and outer space has not been resolved. Airspace above national territory is under the sovereignty of states, but outer space is not. The existence of an international legal custom is allowed, according to which the conditional lower limit of outer space is 100-110 km above sea level.
Pollution of near-Earth space with the remnants of disused objects - “space debris” - is becoming a serious problem.
An attempt was made by the equatorial states to appropriate sections of the geostationary orbit located above them. The uniqueness of this orbit, which is located at a distance from the Earth
36 thousand km, is that the satellites on it remain motionless relative to a certain point on the surface of the Earth. Geostationary orbit is a limited resource. Its use is regulated by the International Telecommunication Union (ITU). The claims of individual states to the geostationary orbit were rejected without receiving legal recognition.
At the doctrinal level, the problem of the legal status of international crews in space is discussed.
The USSR has repeatedly proposed draft treaties banning the placement of weapons of any kind in space, etc. All such initiatives and proposals are ignored by the United States. Moreover, the United States is increasingly incorporating space into its military preparations and policies.
There is an urgent need to create a World Space Organization. A corresponding proposal was submitted by the Soviet Union to the UN in 1988.
Key terms and concepts
International Space Law; space; partially demilitarized zone; celestial bodies; complete neutralization; geostationary orbit; delimitation of air and outer space; space object; astronaut; space activities; launching state; international liability for damage caused by space objects; international direct television broadcasting; Earth remote sensing; nuclear power sources; non-governmental legal entities; commercial space activities; private international space law; International warranty for mobile equipment.
The formation of international space law
International space law – this is a set of international principles and norms that establish the legal regime of outer space and celestial bodies and regulate the rights and obligations of subjects of international law in the field of exploration and use of outer space and celestial bodies.
International space law, according to doctrinal assessment, has gone through three stages of development and is currently at the fourth stage.
First stage (1957–1967) begins with the development of the foundations of international space law. Pioneers in this area were the Soviet lawyer Korovin (1934) and the Czech lawyer Mandl (1932).
International documents appeared after the launch in the USSR on October 4, 1957 of the first artificial Earth satellite in the history of mankind and the establishment in 1958 as a subsidiary body of the UN General Assembly of the Special Committee on the Peaceful Uses of Outer Space (resolution 1348 (XIII) of December 13 1958). The first session of this committee was fruitless; it was boycotted by the USSR, Poland, Czechoslovakia, India and Egypt. The reason for this was inadequate representation in the committee of socialist and developing countries (three from each group) and the United States and its allies (12 countries). This injustice was eliminated in UN General Assembly resolution 1472 (XIV) of December 12, 1959 (the committee included 24 states - 7 socialist, 7 developing and 10 capitalist). This body of the UN GA received a new name - the Committee on the Peaceful Uses and Research of Outer Space (hereinafter referred to as the UN Committee on Outer Space), and acquired permanent status.
Since that time, the Committee has held annual sessions, and in 1962 it established the Legal and Scientific and Technical Subcommittees, which also meet annually. Since 1962, the Committee has made decisions by consensus. As of 2014, it already includes 76 states.
The first resolutions prepared with the participation of the UN Committee on Outer Space formulated the following principles governing space activities:
- – international law, including the UN Charter, applies to outer space and celestial bodies;
- – outer space and celestial bodies are available for exploration and use by states in accordance with international law and are not subject to appropriation by states;
- – States launching vehicles into orbit or beyond are requested to provide information to the UN Committee on Outer Space for registration of launches;
The UN Secretary-General is requested to maintain a publicly accessible record of information provided by launching states;
- – communications via satellites should become available to all states on a worldwide basis, excluding discrimination;
- – the expressed intention of the United States and the USSR not to place in outer space any objects containing nuclear weapons or other weapons of mass destruction and a call on all states to follow this intention and refrain from installing such weapons on celestial bodies or placing such weapons in outer space in some other way.
- On December 13, 1963, the PLO General Assembly adopted the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (resolution 1962 (XVIII)). It reflected the provisions of previous resolutions and a number of other principles.
The text of this Declaration, which is of a recommendatory nature, formed the basis of the Treaty on the Principles of the Activities of States in the Exploration and Use of Outer Space, including the Moon and other celestial bodies, which is legally binding for the participating states. The agreement was signed on January 27, 1967 in Moscow, Washington and London and came into force on October 10 of the same year. As of 2014, 103 states are parties to the Treaty.
The adoption of the Outer Space Treaty completed the first stage in the development of international space law. It has become a new branch of international law, reflecting specific industry principles in this area of international relations:
- – the exploration and use of space is carried out for the benefit and in the interests of all countries and is the property of all humanity;
- – outer space and celestial bodies are open for research and use by all states;
- – outer space and celestial bodies are free for scientific research;
- – outer space and celestial bodies are not subject to national appropriation;
- – outer space and celestial bodies are explored and used in accordance with international law, including the UN Charter, in the interests of maintaining peace and international security and developing international cooperation;
- – states undertake not to put into orbit objects with nuclear weapons or other types of weapons of mass destruction;
- – The moon and other celestial bodies are used exclusively for peaceful purposes;
- – astronauts are considered humanity’s messengers into space;
- – States bear international responsibility for all national space activities and damage caused by space objects.
To these principles should be added the prohibition of nuclear weapons testing in outer space in accordance with the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under the Sea of 1963.
Second stage (1968–1979) The formation of international space law is characterized by its rapid development. During this period, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968, the Convention on International Liability for Damage Caused by Space Objects, 1972, the Convention on the Registration of Objects Launched into Outer Space, 1975 were adopted. ., Agreement concerning the Activities of States on the Moon and Other Celestial Bodies of 1979.
Space activities are acquiring an economic character. International organizations are being created that indicate the commercialization of space activities: the Agreement on the International Organization of Satellite Telecommunications "Intelsat" of 1971, the Agreement on the Establishment of the International System and Space Communications Organization "Intersputnik" of 1971, which was revised in 1997, the Convention on the International Inmarsat Maritime Satellite Organization 1976, which was revised in 1996, European Space Agency 1975
In 1968, the first UN World Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE-1) was held in Vienna.
Space activities have been an integral part of weapons development from the very beginning. Work is underway to create strike satellite systems and anti-satellite weapons. In 1977, the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Means was concluded, which, in particular, contains the obligation not to resort to military or any other hostile use of environmental means that have widespread, long-term or serious consequences, as means of destruction, damage or harm. The concept of "environmental manipulation" refers to the deliberate manipulation of natural processes to change the dynamics, composition or structure of the Earth or outer space.
At this stage, the successful rule-making activities of the UN Committee on Outer Space are completed, since due to contradictions between various groups of states it is not possible to develop legally binding acts.
At the same time, on third stage (1980–1996) important resolutions of the UN General Assembly were adopted, containing declarations of a recommendatory nature, but having great moral and political significance. The Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982), the Principles Relating to Remote Sensing of the Earth from Outer Space (1986), the Principles Relating to the Use of Nuclear Power Sources in Outer Space (1992) were approved and the Declaration on International Cooperation in Research was adopted and the use of outer space for the benefit and benefit of all nations, with particular regard to the needs of developing countries (1996).
At the third stage, the struggle to prevent the military use of space continued. In 1981, the USSR submitted to the UN a draft Treaty on the Prohibition of the Placement of Weapons of Any Kind in Outer Space, and in 1983, a draft Treaty on the Prohibition of the Use of Force in Outer Space and from Outer Space in Relation to the Earth. Both projects were transferred to the Conference on Disarmament, but were not discussed on their merits.
In 1987, the Guidelines Concerning the Transfer of Sensitive Missile-Related Equipment and Technology (MTCR) were adopted. The MTCR regime currently unites more than 30 states, including the United States and Russia. The MTCR regime represents a gentleman's agreement “on unilateral restraint” in the transfer of ballistic missiles and their technologies to third countries.
In 1982, the second UN World Conference on the Exploration and Peaceful Uses of Outer Space UNISPACE-P was held in Vienna, the main result of which was the expansion of the UN Program on Space Applications.
Even before the advent of special international treaties on outer space, some principles and norms of space law developed as international legal customs. These include the principles of non-extension of state sovereignty to outer space, the equal right of all states to explore and use space, compliance of space activities with general international law, and international responsibility of states for national space activities.
In 1959, the UN Committee on the Peaceful Uses of Outer Space (UN Committee on Outer Space) was created, consisting of 24 member states. This permanent Committee, which is a subsidiary body of the UN General Assembly, currently includes 71 states. The Committee was tasked with dealing with scientific, technical and legal issues of the exploration and use of outer space and performing the role of the central coordinating body in the field of international cooperation in space exploration. Within the framework of the Committee, the main multilateral international legal documents regulating the activities of states in the field of outer space exploration were developed: Treaty on the principles governing the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, 1967 (Outer Space Treaty); Agreement concerning the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968 (Astronaut Rescue Agreement); Convention on International Liability for Damage Caused by Space Objects, 1972 (Liability Convention); Convention on the Registration of Objects Launched into Outer Space, 1975 (Registration Convention); Agreement concerning the Activities of States on the Moon and Other Celestial Bodies of 1979 (Moon Agreement). These treaties have entered into force, and a large number of states are parties to them (Russia participates in four treaties, with the exception of the Moon Agreement).
Certain rules relating to activities in space are contained in multilateral treaties regulating other areas of relations. Thus, the Treaty Banning Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water of 1963 and the Convention on the Prohibition of Military or Any Other Hostile Use of Weapons on the Natural Environment of 1977 establish certain prohibitive norms that apply, among other things, to actions in outer space. The 1992 Charter of the International Telecommunication Union determines that the orbital region of the so-called geostationary satellites is a limited natural resource that requires rational use.
A large group of treaty sources consists of international agreements regulating certain specific forms of cooperation between states in the exploration and use of outer space. These include the constituent acts of government organizations involved in space activities (for example, the European Space Agency, etc.), as well as bilateral and multilateral scientific and technical agreements regulating the joint activities of states to implement international space projects and cooperation programs in space (for example, the Intergovernmental International Space Station Agreement 1998).
Additional sources of international space law, which are advisory in nature, are the resolutions of the UN General Assembly on space issues. The provisions of the first Resolution Recommendations (1721 (XVI) “International Cooperation in the Peaceful Uses of Outer Space” and 1962 (XVIII) “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space”) contributed to the formation of customary norms and were subsequently reflected in later international treaties on outer space. Subsequent resolutions aimed at regulating certain types of space activities also perform a certain regulatory function. These include, in particular, the following Resolutions: “Principles for the use by states of artificial Earth satellites for international direct television broadcasting” (37/92, 1982); Principles Relating to Remote Sensing of the Earth from Space (41/65, 1986); Principles Relating to the Use of Nuclear Power Sources in Outer Space (47/68, 1992); “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” (51/122, 1996).
The UN Committee on Outer Space has repeatedly discussed the feasibility of developing a universal comprehensive convention on international space law, as well as the creation of an international (world) organization for space exploration. The corresponding proposals have not yet been implemented in practice.
Subjects and objects of international space law
Based on the generally accepted understanding of international space law as a branch of public international law, its main (primary) subjects, i.e. The holders of rights and bearers of duties are states. Their international space legal personality does not depend on any legal act or expression of the will of other participants in international relations.
Derivative (secondary) subjects of international space law are international organizations participating in activities for the exploration and use of outer space. The scope of space legal personality of such organizations is determined by the will of their member states and is fixed in the international treaties on the basis of which they are established.
From the point of view of the theory of modern public international law, other types of persons (for example, astronauts or private companies involved in the launch and maintenance of space object flights) are not subjects of international space law. The possibility of lawful implementation of space activities by non-governmental organizations (including private, commercial companies) is not excluded. However, the Outer Space Treaty of 1967 in Art. VI provides for the international responsibility of a state "for national activities in outer space, including the Moon and other celestial bodies, whether carried out by governmental authorities or non-governmental entities." According to this article, “the activities of non-governmental legal 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 have an international responsibility to ensure that the activities of such entities are carried out in in accordance with the provisions contained in the Agreement. Thus, the activities of the private American company SpaceX in launching spacecraft, including (since 2012) in the interests of supporting the international space station, in the international legal sense, fall under the jurisdiction of the United States of America as a subject of international space law, and it is the United States that bears international responsibility -legal responsibility for this activity.
At the end of the 20th century. Some researchers expressed a point of view that was based on the concept of the “common heritage of mankind” reflected in the 1979 Moon Agreement, and which declared “humanity as a whole” as the subject of international space law. This position was not recognized as scientifically substantiated: firstly, humanity “as a whole” is not something united as a bearer of certain rights and obligations, and secondly, there are no other subjects of social relations in interaction with which they could be realized. corresponding rights and obligations.
The objects of international space law (i.e., everything about which subjects of space law can enter into international legal relations) are: outer space, including the Moon and other celestial bodies; activities in the exploration and use of outer space, the results of such activities; space objects and their crews (cosmonauts). In some cases, it is also advisable to include ground-based components of space systems as objects of space law (for example, when they are used to launch certain artificial objects into space). Thus, the norms of international space law, on the one hand, are associated with the spatial sphere of activity of states, namely outer space. On the other hand, they are aimed at regulating space activities themselves. Moreover, such activity is not limited only to space, but can also take place on Earth (in cases where it is directly related to the launch, operation, return of space objects, and the use of the results of their work).
There are no treaty definitions of the concepts “outer space” and “space activities”. The issue of delimitation (altitude delimitation of air and outer space) has been considered for a long time by the UN Committee on Outer Space. State practice and legal doctrine confirm the established customary international legal norm, according to which the sovereignty of a state does not extend to the space above the orbit of the lowest perigee of an artificial Earth satellite (this altitude is approximately 100 - 110 km above sea level). This “limit” is conditional and is due to the fact that at approximately this altitude no aerodynamic aircraft can fly based on the principle of lift (due to the extreme rarefaction of the atmosphere). At the same time, at the same altitude, the atmosphere is dense enough so that no space object, due to friction with the atmosphere, could make more than one orbital revolution around the Earth. In other words, above this altitude no “traditional” aircraft can fly using its aerodynamic quality, and below this altitude any space object will inevitably fall to Earth.
As for the concept of space activity, it is customary to include both human activity in the direct exploration and use of outer space (including natural celestial bodies of extraterrestrial origin), and operations carried out on Earth in connection with the launch of space objects, their control and return to Earth .
Legal regime of outer space and celestial bodies
The basis for regulating international relations arising in connection with the exploration of outer space is the Outer Space Treaty of 1967. It establishes the most general international legal principles for the activities of states in the exploration and use of outer space (as of the end of 2012, more than 100 states are its parties ). The 1979 Moon Agreement develops and details the provisions of the 1967 Treaty regarding the legal regime of celestial bodies.
The legal regime of outer space is determined by general international law and is based on the classification of outer space as international territories. According to the Outer Space Treaty of 1967, outer space and celestial bodies are 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. They are free for scientific research; such research is carried out for the benefit and in the interests of all countries and is the property of all humanity. Outer space and celestial bodies are not subject to national appropriation.
Activities in space must comply with general international law, including the UN Charter. In its implementation, states are obliged to take due account of the relevant interests of all other states, as well as to avoid pollution of outer space and celestial bodies.
The 1979 agreement declares the Moon and other celestial bodies and their resources to be the “common heritage of mankind.”
It is clarified that the ban on “national appropriation” of celestial bodies applies to their surface, subsoil and natural resources and applies not only to states, but also to international organizations, legal entities and individuals. The states parties to the Agreement committed themselves to establishing an international regime for the exploitation of the natural resources of the Moon when such exploitation becomes possible.
The agreement clarifies that the rules established in relation to the Moon (including those defining its demilitarized regime) also apply to the orbits of flight trajectories to and around the Moon. The agreement proclaims freedom of scientific research on the Moon for all states on the basis of equality and regulates in detail the procedure for carrying out such research. It should be noted, however, that the 1979 Moon Agreement did not receive widespread support (it was signed and ratified by only 12 member states). Leading space countries, including the Russian Federation, do not participate in it.
Of particular importance for the practical use of space is the orbital region of the so-called geostationary satellites. This is a part of outer space, located at a distance of approximately 35,800 km from the Earth’s surface and located in the plane of the Earth’s equator (such a spatial “ring”, or more precisely, a torus, is also called a geostationary orbit or geostationary space).
Geostationary satellites have the most important feature: their orbital period around the Earth is equal to an Earth day, which ensures a constant position of the satellite above a certain point on the Earth's equator. At the same time, up to a third of the entire surface of the Earth is within sight of the satellite. This creates optimal conditions for some applied types of space activities (for example, for the use of communication satellites, television broadcasting, meteorological observation, etc.). As a result, more than half of all existing satellites are located in geostationary orbit. However, only a limited number of satellites can be placed in this space, since if they are located close to each other, the onboard radio-emitting equipment can create mutual interference. All this was the reason for the discussion regarding the legal regime of this part of outer space.
In 1976, a number of equatorial countries announced the extension of their sovereignty to the sections of the geostationary orbit corresponding to their territories. These claims were rejected by most states as contrary to the principle of prohibition of national appropriation of space. Later, these countries proposed to establish a special kind of legal regime for the geostationary orbit. Some coordinating work on the economical use of geostationary space is carried out by the International Telecommunication Union (ITU). The 1992 ITU Constitution states that radio frequencies and the geostationary satellite orbit are limited natural resources that must be used rationally, efficiently and economically to ensure equitable access to the orbit and frequencies among different countries, taking into account the particular geographical location of some states and the special needs developing countries. In order to rationally use the resource of the geostationary orbit and avoid mutual radio interference, within the framework of the ITU, coordination, allocation and registration of radio frequencies and orbital positions are carried out for geostationary satellites declared by various states. At the same time, in relation to the allocation of orbital positions, one cannot speak of the national assignment of the corresponding part of outer space.
Of particular importance is the issue of prohibiting the use of space for military purposes. The struggle of the international community to prevent space from becoming an arena of military confrontation began with the first steps of outer space exploration. Even the first resolutions of the UN General Assembly on space issues noted the common interest of all mankind in developing the use of outer space for peaceful purposes.
International space law establishes a partially demilitarized regime for outer space and a fully demilitarized regime for the Moon and other celestial bodies. Thus, the Outer Space Treaty of 1967 prohibits placing into orbit around the Earth any objects with nuclear weapons or any other types of weapons of mass destruction, installing such weapons on celestial bodies and placing them in outer space in any other way. The 1963 Treaty Banning Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water obliges its parties not to carry out test or any other nuclear explosions in outer space. Under the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications of 1977, its parties pledged not to resort to the use of environmental modifications in outer space that would have widespread, long-term or serious consequences.
According to the Outer Space Treaty, the Moon and other celestial bodies must be used by states exclusively for peaceful purposes. In addition to the ban on placing nuclear and other types of weapons of mass destruction on their surface and orbits, the creation of military bases, structures and fortifications on celestial bodies, the testing of any types of weapons, and the conduct of military maneuvers are prohibited. At the same time, it should be noted that satellites for a variety of purposes (missile attack warning, information collection, military communications, navigation, mapping, meteorology) have been actively used for many decades. Such satellites are not weapons, and their use helps maintain stability in international relations.
Restrictions on the military use of space allow us to speak about the gradually emerging international legal principle of using outer space for peaceful purposes. The peace initiatives of the Russian Federation regarding the prohibition of the use of force in space and the prohibition of the placement in outer space of weapons of any kind, including missile defense systems, are aimed at establishing this principle in space law.
Legal status of astronauts and space objects
In international legal documents, including all international agreements on the regulation of space activities, space objects mean any type of man-made technical devices intended for use in outer space (artificial Earth satellites, automatic and manned spacecraft and stations, launch vehicles, etc.) .d.). In contrast, space objects of natural origin (for example, the Moon, planets) are covered by the concept of “celestial bodies”.
An important criterion for identifying a space object is its registration. On its basis, issues of jurisdiction and control over space objects, their nationality, liability for damage caused by them, etc. are resolved. Registration of launched space objects has been carried out at the UN since 1961. Later, a special international Convention on the Registration of Objects Launched into Outer Space, 1975 (hereinafter referred to as the Registration Convention) was concluded. According to the Convention, space objects are registered at the national level in a register maintained by each state involved in space activities, and at the international level in a register maintained by the UN Secretary-General. In this case, the UN Secretary-General is provided with the following information about the space object entered in the state register: the name of the launching state, the registration number of the object, the date and place of launch, the parameters of its orbit, the general purpose of the space object. The information contained in the UN register is provided with full and open access to all states. In the case of a joint launch by several States, national registration is carried out by one of the launching States.
National registration of space objects entails certain consequences under international law. Thus, the Outer Space Treaty of 1967 establishes that the state in whose register a space object is entered retains jurisdiction and control over such an object while it is in outer space. In this case, ownership rights to the object “remain unaffected” while it is in outer space or upon return to Earth (i.e., it belongs to the same state or person to which it belonged before the flight). A space object must be returned to the state in whose register it is entered if the object is discovered outside the territory of that state. Such return is carried out at the request of the authorities and at the expense of the state that carried out the launch.
While in outer space or on celestial bodies, cosmonauts from different states must provide each other with possible assistance. States have undertaken to inform the international community about phenomena they have identified in space that could pose a danger to the life or health of astronauts.
International cooperation in space exploration
The high cost of space projects, on the one hand, and the interest of all countries in the world in the practical results of space exploration, on the other hand, have necessitated close cooperation between states in the field of astronautics. According to the Outer Space Treaty, in the exploration and use of outer space, its participants must be guided by the principle of cooperation and mutual assistance and carry out space activities with due regard to the respective interests of all other states. States are encouraged to facilitate and encourage cooperation in this area.
Cooperation in the exploration and use of outer space is carried out in two main forms: within the framework of international organizations involved in space activities, and through joint international space projects and programs. Such cooperation is regulated by multilateral and bilateral international treaties.
Among the international organizations whose goals and objectives are directly related to space activities, one can mention the European Space Agency (ESA), the International Maritime Satellite Organization, the European Organization for the Use of Meteorological Satellites, the Arab Satellite Communications Corporation, etc. Certain issues of space cooperation are in the sphere of activities of specialized UN agencies, including the International Telecommunication Union, the World Meteorological Organization, the International Civil Aviation Organization, and the International Maritime Organization.
Joint international space projects and cooperation programs in the exploration and use of outer space cover a wide variety of areas of space activity. This is the creation of samples of space technology, joint manned flights, conducting scientific research, using the results of space activities, etc.
The most striking example of such cooperation is the program for the creation and use of the international space station, carried out in accordance with the Agreement between the governments of Russia, the United States, ESA member states, Canada and Japan in 1998. The International COSPAS-SARSAT program, designed to assist in the search for and rescuing people by providing satellite-derived distress (and location) data to ships or aircraft. The program participants are Canada, Russia, the USA and France, and the user can be any country.
Extensive international cooperation on space issues is carried out on the basis of bilateral agreements. Russia has such agreements with many states, in particular, on issues of launching space objects by Russian launch vehicles, as well as on the use of the Baikonur Cosmodrome (with Kazakhstan).
Liability in international space law
As noted above, the relevant states bear international legal responsibility for national space activities. This distinguishes issues of liability in space law from general international law, where states are not responsible for the actions of their legal entities and individuals unless such entities act on their behalf or on their behalf. At the same time, space activities are associated with high technical risk and, as a consequence, with the possibility of causing material damage to other states, their legal entities and individuals. Therefore, financial liability under international space law can occur regardless of the guilt (so-called absolute liability) of the launching state, but due only to the very fact of causing damage by a space object. Liability issues are regulated in detail by the sources of international space law - the 1967 Outer Space Treaty and the 1972 Liability for Damage Convention.
According to the Outer Space Treaty, in the event of an international violation, states bear international responsibility for all national activities in outer space, regardless of whether the space activities are carried out by government agencies or non-governmental legal entities of the state. The procedure for implementing financial liability is established by the Convention on Liability for Damage.
The Convention, when defining the concept of “launching state,” includes not only the state that carries out or organizes the launch of a space object, but also the state from whose territory or installations the launch is carried out. In the case where there are several launching States, they must be jointly and severally liable for any damage caused. In turn, formally, to determine which state is the “launching” in each case, one should refer to the Registration Convention of 1975, which clarifies that the launching state is the state in whose registry the corresponding space object is entered (“state of registration” "). The concept of damage includes deprivation of life, damage to health, destruction or damage to property of states, international organizations, legal entities and individuals.
The Convention specifies that the launching State is absolutely responsible for paying compensation for damage caused by its space object on the surface of the Earth or to an aircraft in flight. Moreover, the Convention does not establish an upper limit on the compensation paid, which is typical for absolute liability in other branches of international law. Derogation from the principle of absolute liability is allowed by the Convention in the event that a space object of one state is damaged by a space object of another state while they are outside the surface of the Earth. In this case, liability is based on the principle of fault.
The provisions of the Convention do not apply to cases of damage to nationals of the launching State and to foreigners when foreigners participate in operations related to that space object. The Convention specifies in detail the procedure for filing and considering claims for compensation for damage caused by space objects.
Secondly, the active involvement of non-state organizations in space activities (organizing the launch of space objects, conducting activities in the so-called space tourism, etc.) inevitably raises the question of further clarification of the scope of responsibility of states as subjects of public international law for space activities, the source of which is the territory of the relevant states, as well as the exercise of effective jurisdiction of such states in relation to space objects (structures, platforms, orbital stations, artificial Earth satellites) owned by private companies and actually operated by them.
Finally, it is possible that the start of direct exploitation of the natural resources of the Moon and other celestial bodies (for example, asteroids and other small planets whose trajectories pass in close proximity to the Earth’s orbit) will require more stringent control over compliance with the legal regime of the Moon and other celestial bodies, de - legally enshrined in the 1979 Moon Agreement, but de facto not binding for most spacefaring nations not participating in this Agreement.
In general, we can hope that outer space will remain peaceful, and promoting the practical development of its inexhaustible possibilities is the main task of the progressive development of international space law.
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