International space law in brief. Xvi international space law

Even before the emergence 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-proliferation of state sovereignty in outer space, the equal right of all states to explore and use outer space, the compliance of space activities with general international law, and the 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 established, consisting of 24 member states. This Standing Committee, a subsidiary organ of the UN General Assembly, currently includes 71 states. The Committee was entrusted to deal with scientific, technical and legal issues of the exploration and use of outer space and to act as 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 were developed to regulate the activities of states in the field of space exploration: 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, 1967 (Outer Space Treaty); The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the Agreement on the Rescue of Astronauts); Convention on International Liability for Damage Caused by Space Objects, 1972 (Liability Convention for Damage); The 1975 Convention on Registration of Objects Launched into Outer Space (Registration Convention); Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979 (Agreement on the Moon). These treaties entered into force, a large number of states are parties to them (Russia participates in four treaties, with the exception of the Agreement on the Moon).

Separate norms related to activities in outer space are contained in multilateral treaties regulating other areas of relations. Thus, the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment in outer space. The 1992 Constitution of the International Telecommunication Union defines that the orbital area of ​​the so-called geostationary satellites is a limited natural resource that requires rational use.

A large group of treaty sources is formed by international agreements regulating certain specific forms of cooperation between states in the exploration and use of outer space. These include the constituent acts of governmental organizations involved in space activities (for example, the European Space Agency, etc.), as well as bilateral and multilateral scientific and technical agreements governing joint activities of states in the implementation of international space projects and cooperation programs in space (for example, the Intergovernmental International Space Station Agreement 1998).

Auxiliary sources of international space law, which are of a recommendatory nature, are the resolutions of the UN General Assembly on space issues. The provisions of the first Resolutions-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 rules and were subsequently reflected in the later concluded international treaties on outer space. Subsequent resolutions aimed at regulating certain types of space activities also fulfill a certain regulatory function. These include, in particular, the following Resolutions: "Principles Governing the Use of Artificial Earth Satellites by States for International Direct Television Broadcasting" (37/92, 1982); Principles Relating to Remote Sensing of the Earth from Space (41/65, 1986); Principles Relevant 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 in the Interest of All States, Taking into Particular Account 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 relevant 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 owners of rights and bearers of obligations are states. Their international space legal personality does not depend on any legal act or the will of other participants international relations.

Derived (secondary) subjects of international space law are international organizations involved in the exploration and use of outer space. The scope of the space legal personality of such organizations is determined by the will of their member states and is fixed in international treaties on the basis of which they are established.

From the point of view of the theory of modern international public law, other types of persons (for example, astronauts or private companies participating in the launch and flight operations of space objects) 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 1967 Outer Space Treaty in Art. VI provides for the international responsibility of the state "for national activities in outer space, including the moon and other celestial bodies, regardless of whether they are carried out by governmental bodies or non-governmental legal 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 constant supervision of the relevant state party to the Treaty," and states have an international responsibility to ensure that the activities of such persons are carried out in in accordance with the provisions contained in the Agreement. Thus, the activities of the private American company SpaceX for the launch of spaceships, including (since 2012) in the interests of providing the international space station, in the international legal sense, falls under the jurisdiction of the United States of America as a subject of international space law, and it is the United States that carries - legal responsibility for the specified activity.

At the end of the XX 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 a subject of international space law. This position was not recognized as scientifically grounded: firstly, humanity "as a whole" is not something uniform 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 respective rights and obligations.

The objects of international space law (ie all those about which the 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 (astronauts). In a number of cases, it is also advisable to classify 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 with outer space. On the other hand, they are aimed at regulating space activities itself. Moreover, such activity is not limited only to outer space, but can also take place on Earth (in those cases when it is directly related to the launch, operation, return of space objects, the use of the results of their work).

There are no contractual definitions of the concepts of "outer space" and "space activity". The issue of delimitation (high-altitude delimitation of air and outer space) has been considered for a long time by the UN Committee on Outer Space. The practice of states and legal doctrine confirm the established customary international legal norm, according to which the sovereignty of the state does not extend to the space located above the orbit of the least perigee of an artificial Earth satellite (this height is approximately 100 - 110 km above sea level). The indicated "boundary" is conditional in nature and is associated with the fact that at approximately this height, not a single aerodynamic aircraft cannot carry out a flight 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 not a single space object, due to friction against 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 the Earth.

As for the concept of space activity, it is customary to refer to it both human activities 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 the regulation of 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 parties to it. ). 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 proceeds from the assignment of outer space to international territories. According to the 1967 Outer Space Treaty, outer space and celestial bodies are open for exploration and use by all states without any discrimination, on the basis of equality, with free access to all regions 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 mankind. Outer space and celestial bodies are not subject to national appropriation.

Activities in outer 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 "the common heritage of mankind."

It is specified 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. States parties to the Agreement have undertaken to establish an international regime of exploitation natural resources The moon when such exploitation becomes possible.

The agreement specifies that the norms established for the Moon (including those that define its demilitarized regime) also apply to the orbits of flight paths 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 at a distance of about 35800 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: the period of their revolution around the Earth is equal to the Earth's day, which ensures the constant position of the satellite above a certain point of the Earth's equator. At the same time, up to a third of the area of ​​the entire surface of the Earth is within the visibility 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 consequence, 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, 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 declared the extension of their sovereignty to the parts of the geostationary orbit corresponding to their territories. These claims were rejected by most states as contrary to the principle of prohibiting the 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 being carried out by the International Telecommunication Union (ITU). The ITU Constitution of 1992 specifies that radio frequencies and the orbit of geostationary satellites are limited natural resources that must be used rationally, efficiently and economically in order to ensure equitable access to this orbit and frequencies by different countries, while taking into account the peculiarities geographic location some states and the special needs of developing countries. With the aim of rational use of the resource of the geostationary orbit and avoiding mutual radio interference within the ITU, coordination, allocation and registration of radio frequencies and orbital positions for geostationary satellites declared by various states are carried out. At the same time, in relation to the allocation of orbital positions, one cannot speak of a national appropriation of the corresponding part of outer space.

Of particular importance is the issue of banning the use of outer space for military purposes. The struggle of the international community to prevent the transformation of outer space into an arena of military confrontation began with the first steps in space exploration. Even the first resolutions of the UN General Assembly on space issues noted the common interest of all mankind in the development of the use of outer space for peaceful purposes.

International space law establishes a partially demilitarized regime of outer space and a fully demilitarized regime of the moon and other celestial bodies. Thus, the 1967 Outer Space Treaty prohibits the launching into orbit around the Earth of 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. Test Ban Treaty nuclear weapons in the atmosphere, in outer space and under water 1963 obliges its participants not to carry out test and any other nuclear explosions in outer space. Under the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, its parties pledged not to resort to the use of means to influence the natural environment of outer space, which would have wide, long-term or serious consequences.

According to the Outer Space Treaty, the Moon and other celestial bodies should be used by states exclusively for peaceful purposes. In addition to the ban on the placement of nuclear and other types of weapons of mass destruction on their surfaces and orbits, it is prohibited to create military bases, structures and fortifications on celestial bodies, test any types of weapons, and conduct military maneuvers. At the same time, it should be noted that satellites for various purposes (missile attack alerts, information collection, military communications, navigation, mapping, meteorology) have been actively exploited for many decades. Such satellites are not weapons, and their use contributes to the maintenance of stability in international relations.

The restrictions on the military use of outer space make it possible to speak about the gradually emerging international legal principle of the use of outer space for peaceful purposes. The peace initiatives of the Russian Federation are aimed at the establishment of this principle in space law, concerning the prohibition of the use of force in outer space and the prohibition of the placement in outer space of weapons of any kind, including systems missile defense.

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 kind of man-made technical devices intended for use in outer space (artificial earth satellites, automatic and manned spacecraft and stations, launch vehicles, etc.) etc.). In contrast, space objects natural origin(for example, the moon, planets) are covered by the concept of "celestial bodies".

An important criterion for defining 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 conducted 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 the register held by each state involved in space activities, and at the international level - in the register maintained by the UN Secretary General. At the same time, the UN Secretary General is provided with the following information about a space object entered in the state register: name of the launching state, object registration number, date and place of launch, parameters of its orbit, general purpose of the space object. The information contained in the UN registry is fully and openly accessible for all states. In the case of a joint launch by several states, national registration is made by one of the launching states.

National registration of space objects entails certain consequences under international law. Thus, the 1967 Outer Space Treaty 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. At the same time, the property rights to the object "remain unaffected" while it is in outer space or upon its return to Earth (that is, it belongs to the same state or person to whom it belonged before the flight). A space object must be returned to the state in whose register it is entered, in the event that an object is found outside the territory of that state. Such return is carried out at the request of the authorities and at the expense of the launching State.

While in outer space or on celestial bodies, cosmonauts of different states should provide each other with possible assistance. States have undertaken to inform the international community about the 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, necessitated close cooperation between states in the field of cosmonautics. 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 for the respective interests of all other states. States are encouraged to promote 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 engaged 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, the goals and objectives of which are directly related to space activities, one can indicate the European Space Agency (ESA), the International Maritime Satellite Communications Organization, the European Organization for the Use of Meteorological Satellites, the Arab Satellite Communications Corporation, etc. activities of UN specialized agencies, including the International Telecommunication Union, the World Meteorological Organization, The International Organization civil aviation, International Maritime Organization.

Joint international space projects and cooperation programs in the exploration and use of outer space cover a variety of areas of space activities. This is the creation of samples of space technology, joint manned flights, scientific research, the use of 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, the ESA member states, Canada and Japan. and rescuing people by providing satellite-derived distress data (and its location) to ships or aircraft. The program participants are Canada, Russia, the USA and France, and any country can be a user.

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 the launching of space objects by Russian carrier rockets, as well as on the use of the Baikonur cosmodrome (with Kazakhstan).

Responsibility in international space law

As noted above, the international legal responsibility for national space activities is borne by the respective states. This distinguishes issues of responsibility in space law from general international law, where states are not responsible for the actions of their legal entities and individuals, if such persons do not act on their behalf or on their behalf. At the same time, space activities are associated with a high technical risk and, as a result, with the possibility of causing material damage to other states, their legal entities and individuals. Therefore, material liability under international space law may take place regardless of the fault (the so-called absolute liability) of the launching state, but only as a result of the very fact of causing damage to 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 Convention.

According to the Outer Space Treaty, in the event of an international offense, states bear international responsibility for all national activities in outer space, regardless of who carries out space activities - government agencies or non-governmental legal entities of the state. The procedure for the implementation of liability is established by the Convention on Liability for Damage.

The Convention, 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 the territory or facilities of which the launch is carried out. In the event that there are several launching states, they must be jointly and severally liable for any damage caused. In turn, to formally determine which state is the "launching" in each case, one should refer to the 1975 Registration Convention, which specifies that the launching state is the state in whose register the corresponding space object is entered ("the 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 defines that the launching state is absolutely responsible for the payment of compensation for damage caused by its space object on the surface of the Earth or an aircraft in flight. Moreover, the Convention does not establish an upper limit for the compensation paid, which is typical for absolute liability in other branches of international law. A derogation from the principle of absolute responsibility is allowed by the Convention in the event that a space object of one state is damaged by a space object of another state when they are outside the surface of the Earth. In this case, responsibility is based on the principle of guilt.

The provisions of the Convention do not apply to cases of damage to citizens of the launching state and foreigners when foreigners participate in operations related to this space object. The Convention defines in detail the procedure for filing and considering claims for compensation for damage caused by space objects.

Secondly, the active involvement of non-governmental organizations in space activities (organizing the launch of space objects, carrying out activities in the so-called space tourism, etc.) inevitably raises the question of further clarifying the sphere of responsibility of states as subjects of public international law for space activities, the source of which is the territory of the respective states, as well as the exercise of effective jurisdiction of such states in respect of space objects (structures, platforms, orbital stations, artificial earth satellites) owned by and actually operated by private companies.

Finally, it is possible that the beginning of the direct exploitation of the natural resources of the Moon and other celestial bodies (for example, asteroids and other minor planets, whose trajectories pass in the immediate vicinity of the Earth's orbit) will require stricter control over the observance of the legal regime of the Moon and other celestial bodies, de - the term fixed in the 1979 Moon Agreement, but de facto not binding on the majority of space powers not participating in this Agreement.

In general, one can hope that outer space will remain peaceful, and the promotion of the practical development of its inexhaustible potential is the main task of the progressive development of international space law.

a set of legal principles and norms governing relations between states in the process of exploration and use of outer space and celestial bodies and determining their legal regime. M.k.p. is based on general international legal principles, including the principles of the UN Charter.

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INTERNATIONAL SPACE LAW

branch of international law, representing a set and system of norms governing relations between states and international organizations in the field of their activities in the exploration and use of outer space, including celestial bodies. Space exploration has become a new area of ​​human activity, which has caused the need legal regulation relations arising in the process of its implementation. Before the conclusion of special agreements on the exploration and use of outer space, states were guided by the basic norms and principles of general international law. On December 13, 1963, the UN General Assembly adopted, in particular, Resolution 1962 / XVIII containing the Declaration of Principles Governing the Activities of States in the Exploration and Use of Outer Space, referring to such principles the principle of freedom of exploration and use of outer space and non-proliferation of state sovereignty in outer space. The norms concerning the regulation of certain aspects of space activities are also contained in a number of universal international instruments: the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963, in the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, 1977 , in the International Convention and Regulations of the International Telecommunication Union, etc. Since 1959, the development of international legal acts of space law has been carried out by a subsidiary body of the General Assembly - the UN Committee on the Peaceful Uses of Outer Space (UN Committee on Outer Space), which includes 61 states. A number of special treaties were developed and concluded under the auspices of the United Nations, including the 1967 Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on International Responsibility for damage caused by space objects 1972, Convention on Registration of Objects Launched into Outer Space 1975, Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979 (entered into force in 1984). The 1967 treaty is fundamental: it established general principles and the norms of space activities of states, the legal status and regime of outer space and celestial bodies, the foundations of the legal status of astronauts in outer space or who have landed accidentally outside their own state, and space objects, as well as the legal regime of certain types of space activities. According to this Treaty, outer space is open for exploration and use by all states without any discrimination on the basis of equality and in accordance with international law; outer space, including the moon and other celestial bodies, is not subject to national appropriation; The moon and other celestial bodies are used exclusively for peaceful purposes; it is prohibited to launch into orbit and other placement in space of objects with nuclear weapons and other types of weapons of mass destruction; states bear international responsibility for all national space activities, incl. carried out by non-governmental legal entities. These general principles and norms were then developed and specified in subsequent international agreements ... The emergence of a number of new uses of outer space (space communications, the study of the natural resources of the Earth from space, meteorology, etc.) required the establishment of legal regimes for certain types of space activities. The UN Committee on Outer Space prepared and approved by the General Assembly a number of international acts, in particular, the Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982), Principles Relating to the Use of Nuclear Power Sources in Outer Space (1992). Since 1967, the UN has been discussing the problem of the limits of the spatial jurisdiction of states, i.e. about the border between earth and outer space. The sources of international space law are also various international scientific and technical agreements governing joint space activities of the participating States. On the basis of such agreements, a number of local space organizations have been created (Intersputnik, Intelsat, Inmarsat, the European Space Agency), multilateral and bilateral space programs are being implemented (in particular, the Agreement between the USSR and the United States on cooperation in the exploration and use of outer space for peaceful purposes 1987, Agreement on the operation of the sea launch complex 1995 between Ukraine, Russia, Norway and the United States). In the 80s. in connection with the prospect of the commercialization of space activities and the participation in it of new entities (private organizations, corporations, firms, companies), the need arose for domestic regulation of the space activities of national legal entities, taking into account the state's obligations under the Treaty on Principles of 1967, in particular, its responsibility for the entire national space activities. Common to such legislative acts is the system of licenses for the implementation of space activities, its implementation under the control of the state. In Russia, the Law of the Russian Federation "On Space Activities" 1993 with amendments and additions 1996 is in force. space technology for scientific and national economic purposes. Within the framework of the CIS, multilateral and bilateral international treaties have been concluded concerning the space activities of the member states, in particular, the Agreement on joint activities on the Exploration and Use of Outer Space 1991; Agreement on the Procedure for the Maintenance and Use of Space Infrastructure Objects in the Benefit of Implementation of Space Programs, 1992; Agreement on the Procedure for Financing Joint Activities in the Exploration and Use of Outer Space, 1992; Agreement between the Russian Federation and the Republic of Kazakhstan on the lease of the Baikonur cosmodrome 1994. E.G. Zhukova

1. International space law: concept, principles, sources

2. Legal status and the mode of use of outer space and celestial bodies

3. Commercial and legal aspects of the use of outer space

4. Legal status of astronauts and artificial space objects

5. International legal responsibility for space activities

6. International space law and international organizations

7. Russian Federation and international space law

1. International space law: concept, principles, sources

International Space Law (ICL) Is a branch of public international law, the principles and norms of which regulate cooperation between states in the fields of determining the legal status, exploration and use of outer space and celestial bodies. According to G.P. Zhukov, international space law is a set of special norms of modern general international law governing the relations of subjects of international law in connection with their activities in the exploration and use of outer space (space activities), as well as determining the international legal status of this space, including the Moon and other celestial bodies. Yu. M. Kolosov believes that international space law 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 the use of outer space and space technology.

ITUC began to develop since 1959, when UN resolutions on cooperation between states in the exploration and use of outer space began to be adopted. A kind of milestone in the development of the ITUC was 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), 1967.

The first principle ITUC is the freedom to explore and use outer space and celestial bodies for the benefit of all mankind.

Second principle is that outer space and celestial bodies are not subject to national appropriation.

The third principle can be expressed as follows: outer space and celestial bodies are a partially demilitarized zone, because states have undertaken not to launch any objects with any types of weapons of mass destruction into orbit around the Earth, not to install such weapons on celestial bodies and not to place them in outer space. At the same time, it is not forbidden to send strategic intercontinental missiles, as well as place objects with conventional weapons on board in it. The problem of complete demilitarization of outer space is being actively discussed within the framework of the UN. The moon and other celestial bodies are completely neutralized. This means that these celestial bodies can only be used for peaceful purposes.


Fourth principle ITUC is the international responsibility of the state for all national space activities.

The main multilateral sources ITUC are the following international treaties: 1) Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Treaty on Outer Space), 1967 2) Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space Space, 1968 3) Convention on International Liability for Damage Caused by Space Objects, 1972 4) Convention on Registration of Objects Launched into Outer Space, 1976 5) Agreement on the Activities of States on the Moon and Other Celestial Bodies, 1984 Russia participates in the first four treaties.

Of great importance for the formation and development of the ICP are the constituent acts of intergovernmental organizations related to the regulation of certain types of space activities - established in 1968 by the International Organization for Long-Range Communication via Artificial Earth Satellites (ITELSAT), operating since 1982; International Maritime Satellite Communications Organization (INMARSAT); European Space Agency (ESA), etc.

Here you can also mention the international legal acts concluded by the CIS member states and affecting space problems - the Regulation on the Interstate Council on Outer Space in 1992, the Agreement between the Governments of the States Parties to the Treaty on the Customs Union and the Common Economic Space dated February 26, 1999 on joint peaceful exploration of outer space dated February 17, 2000

Finally, a significant contribution to the formation and development of the ITUC is made by numerous bilateral treaties concluded by states in order to strengthen cooperation in the space sphere and detail the methods of such cooperation: the Agreement between the USSR and the USA on cooperation in the exploration and use of outer space for peaceful purposes in 1977 is very the agreements of our country with the People's Republic of China (1990), Bulgaria (1995), Brazil (1997) and other states are close to it in terms of the content. In a number of such agreements, specific areas of cooperation are quite clearly outlined, as is the case, for example, in the agreement with Brazil.

The main ideas of the legal order, as well as specific provisions of international legal acts, are reflected in national legislation. Thus, in 1958, the United States adopted the Law on Aeronautics and Space Exploration and the Law on the Commercialization of Remote Sensing of the Earth (1984); in 1982 the Law on Space Activities was adopted in Sweden; in the UK in 1986 the Outer Space Act was passed; Legislative acts similar in their objectives were also adopted in Italy (1988), China (1990), France (1992), etc.

The Law "On space activities" adopted in the Russian Federation (1983) is aimed at ensuring legal regulation of such in order to develop the economy, science and technology, strengthen the country's defense and security and further expand international cooperation. It emphasizes that relations in this spatial sphere are governed by generally recognized principles and norms of international law, international treaties concluded by Russia, as well as Russian legislation (Article 1). Among other scientific and applied purposes, the Law indicates the development and expansion of international cooperation in the interests of further integration of Russia into the system of world economic relations and ensuring international security (Article 3). The principles of space activity formulated in the Law are almost entirely based on the provisions of the 1967 Outer Space Treaty (Article 4).

INTERNATIONAL SPACE LAW

On October 4, 1957, for the first time in the history of mankind, a Soviet artificial earth satellite was launched into space. On April 12, 1961, a man - a citizen for the first time ascended into low-earth orbit Soviet Union Yuri Alekseyevich Gagarin. A new era of human activity has come - the era of exploration and use of outer space.

With the exploration of outer space, the formation of a new branch of modern international law - space law - began.

International space law - a set of legal principles and norms governing relations between subjects of international law regarding their space activities and determining the legal regime of outer space, including the Moon and other celestial bodies. Outer space is understood as space outside the air sphere of the Earth, which is “a thing taken out of circulation,” that is, not subject to appropriation by any state.

The formation of space law began relatively recently, but its norms and principles have already been formed and enshrined in a number of international treaties, the main of which are: the Treaty on Outer Space; The Agreement on the Rescue of Astronauts; Convention on International Liability for Damage Caused by Space Objects (1972); Convention on Registration of Objects Launched into Outer Space (1976); Agreement on the Activities of States on the Moon and Other Celestial Bodies (1979); Principles of Remote Sensing of the Earth from Outer Space (1986), as well as other multilateral and bilateral international agreements.

The subjects of international space law are sovereign states, international intergovernmental organizations. International space law allows for the possibility of carrying out space activities by non-governmental organizations (legal entities); however, they do not become subjects of international space law, since their activities must be carried out with the permission and under constant supervision of the states parties to the Outer Space Treaty (Article VI). The objects of international space law are outer space, celestial bodies, astronauts, artificial space objects, the results of practical space activities of states.

The principles of international space law are as follows: first, the exploration and use of outer space should be carried out for peaceful purposes and in the interests of all mankind; secondly, the sovereignty of individual states cannot extend to outer space, the moon, celestial bodies. Taking these provisions into account, the principles and norms of this specific branch of international law are formed and consolidated in international treaties.

Freedom of exploration and use of outer space, the Moon and other celestial bodies for peaceful purposes provided for by Art. I of the Outer Space Treaty: the exploration and use of outer space, including the Moon and other celestial bodies, are carried out for the benefit and in the interests of all countries, regardless of their degree of economic or scientific development, and are the property of all mankind. The exploration and use of outer space are open to all states without any discrimination and in accordance with the principles of international law.

Ban on national appropriation of outer space and celestial bodies established by the world community on the basis that these objects are res extra commercium -"A thing out of circulation." The universe is outside of sovereignty, jurisdiction and anyone's property. Art. II of the Outer Space Treaty and clause 3 of Art. 11 Agreements on the activities of states on the moon and other celestial bodies (1979) establish that appropriation can not be carried out either through the declaration of sovereignty, or through use or occupation. States cannot extend their sovereignty to outer space, the moon and celestial bodies. Any forms and methods of appropriating outer space are prohibited not only by states, but also by international and national corporations and individuals. The prohibition of national appropriation does not apply to artificial space objects over which the state retains jurisdiction and control (Outer Space Treaty, Article VIII).

Demilitarization of outer space and celestial bodies provided for by Art. IV of the Outer Space Treaty; States undertake not to launch into orbit around the Earth any objects with nuclear or any other types of weapons of mass destruction, not to install such weapons on celestial bodies and not to place in outer space in any other way. It is prohibited to create military bases, structures and fortifications on celestial bodies, test any types of weapons and conduct military maneuvers. The Treaty Banning Nuclear Testing in Three Environments (1963) prohibits test explosions of nuclear weapons in space.

The problem of space demilitarization is global problem modernity. The Treaty between the USSR and the United States on the Limitation of Anti-Ballistic Missile Systems (1972) and the Additional Protocol to it (1974), the START I and START II treaties were aimed at preventing the militarization of outer space. According to the Treaty on the Limitation of Anti-Ballistic Missile Systems (1972), each of the parties undertakes not to create, test or deploy sea, air, space or mobile ground-based missile defense systems or components (Article V). Currently, the United States has de facto bypassed this treaty by developing new space technologies. Now they believe that the treaty is outdated and de jure. However, Russia takes the opposite point of view: it will seek to preserve and comply with the 1972 treaty on the limitation of missile defense systems - the cornerstone of strategic stability.

At the same time, the Outer Space Treaty does not prohibit the use of military personnel for scientific research, as well as the use of any equipment or means necessary for peaceful exploration of outer space. The use of nuclear power sources (NPS) in space does not contradict the norms of international law. Currently, there are mainly two types of nuclear power sources - radioisotope generators and nuclear reactors. These NPS are non-explosive and therefore cannot be considered as weapons of mass destruction, the placement of which in space is prohibited by Art. V of the Outer Space Treaty. The use of nuclear power sources for the peaceful exploration and use of outer space requires special regulation, taking into account their specificity.

Assistance to astronauts in case of an accident assigned to all states. The Convention on the Rescue of Astronauts states the following:

If, in the event of an accident, a spacecraft lands on the territory of any state, then it takes immediate measures to provide assistance; informs the authorities of the state that launched the space object, the UN Secretary General (Art. 2);

If a spacecraft is forced to splash down on the high seas or land on a territory not under the sovereignty of any state, it is assisted by states that are in a position to do so; they also inform the State that launched the spacecraft and the UN Secretary General (Art. 3);

The state, on whose territory the spaceship will be, immediately returns it and the crew to the state to which this ship belongs (Art. 4);

All costs associated with rendering assistance to the spacecraft and its crew are covered by the authorities that carried out the launch of the spacecraft (Article 5).

International cooperation in the peaceful exploration and use of outer space(Outer Space Treaty, Articles I, III, IX) can be carried out on a bilateral and multilateral basis, as well as within the framework of international organizations. This cooperation presupposes: observance of the norms and principles of the UN Charter; the duty to take into account the interests of other states (Outer Space Treaty, Art. IX); prohibition to create potentially harmful interference with the activities of other states (Art. IX); provision of possible assistance to astronauts in the event of an accident (Art. V); informing all countries about the nature, course, place and results of activities in outer space (Article XI), etc.

The Fundamentals of the Policy of the Russian Federation in the Field of Space Activities (2001) provide for the development of programs of cooperation in the peaceful exploration of outer space. Among them are the launches of foreign satellites by Russian carrier rockets; leasing of communication satellites in geostationary orbit, launched to a point registered by consumers; carrying out remote sensing of the Earth on board international space stations and carrying out work on Russian technological equipment or providing Russian spacecraft for installing equipment, etc. These projects are being implemented within the framework of the Intergovernmental Agreement of Canada, the member states of the European Space Agency, Japan, Russia and the United States on cooperation on the international civil space station (1998).

The most common is bilateral cooperation. Thus, in accordance with agreements between Russia and India, Russian launch vehicles are launching Indian artificial satellites into near-earth orbit. Cooperation between Russia and France is developing successfully; international space crews include French cosmonauts; French hardware was used on Russian spacecraft.

In 1972, the USSR and the USA signed an Agreement on Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes, pursuant to which in 1975 a joint flight and docking of the Soviet Soyuz spacecraft and the American Apollo took place. In 1977, in connection with the expiration of this agreement, the parties signed a new Agreement on Cooperation in the Exploration of Outer Space for Peaceful Purposes, which consolidates the obligations of the parties to develop cooperation in the fields of space meteorology, environmental studies, exploration of near-earth space, the moon and planets , as well as in the field of joint development of satellite search and rescue systems (Article 1) and others. The Parties committed themselves to solving international legal problems of the exploration and use of outer space for peaceful purposes in the name of strengthening the rule of law in space and further development international space law (Art. 4).

In the exploration and use of outer space, multilateral cooperation brings the greatest effect. Thus, in 1967, a program of cooperation in the field of exploration and use of outer space ("Interkosmos") was adopted. Multilateral cooperation is carried out within the framework of: the European Space Agency, created in 1975, with which Russia signed an agreement (1995), as well as Intelsat, the International Organization of Communication Satellites, created in 1971, to which Russia joined in 1993. ...

The UN pays much attention to the exploration and use of outer space. Its most important body, designed to be the center of international cooperation in outer space, is the Committee on the Peaceful Uses of Outer Space (established in 1959). Within the framework of this Committee, the main treaties, agreements and conventions on outer space have been developed. Our country supports the idea of ​​establishing a world space organization, which will increase international cooperation in the peaceful exploration of outer space by more high level... An important role in the implementation of international cooperation is played by such specialized agencies UN, as the International Telecommunication Union (ITU), dealing with the allocation, registration, coordination of frequencies for various radiocommunication services; The World Meteorological Organization (WMO), under the auspices of which the global meteorological observing system operates. The International Maritime Organization (IMO) uses space technology for maritime navigation, and the International Civil Aviation Organization (ICAO) uses air transport communications and navigation.

According to the Convention on Registration of Objects Launched into Outer Space (1976), when a space object is launched into low-Earth orbit or further into outer space, the launching State registers the space object by recording in the appropriate register. Each launching state informs the UN Secretary General of the establishment of such a register.

International responsibility of states for activities in outer space provided for by the Treaty on Outer Space (Art. VI). Responsibility bears both the state from whose territory the space object is launched and the state in whose interests the launch is carried out (Article VII). If the launch is carried out by an international organization, then the responsibility can be joint and several. Actions of states such as nuclear explosions, deployment of nuclear weapons, and hostile propaganda from outer space are illegal in space. If the damage was caused as a result of other lawful actions, then we can only talk about material compensation for damage. Thus, according to the Convention on International Liability for Damage Caused by Space Objects (1972), the launching state bears absolute responsibility for the issue of compensation for damage (Art. II). In addition, violation of space law entails the political responsibility of states.

Within the framework of the CIS, agreements have been concluded aimed at the peaceful exploration of outer space, for example, the Agreement on Joint Activities in the Exploration and Use of Outer Space (1991). Cooperation of the CIS countries is carried out under an agreement on the creation of missile attack warning systems and space control (1992), within the framework of bilateral agreements with Ukraine (1997) and Belarus (1995), etc. council on outer space, formed from plenipotentiary representatives of states.

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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; remote sensing of the Earth; nuclear power sources; non-governmental legal entities; commercial space activities; private international space law; international guarantee in respect of mobile equipment.

Formation of international space law

International space law - it 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 passed three stages of development and is currently in the fourth stage.

First stage (1957-1967) begins with the development of the foundations of international space law. The pioneers in this area were the Soviet lawyer Korovin (1934) and the Czech lawyer Mandl (1932).

International documents appeared after the launch of the first artificial earth satellite in the history of mankind in the USSR on October 4, 1957, 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 turned out to be fruitless; it was boycotted by the USSR, Poland, Czechoslovakia, India and Egypt. The reason for this was the inadequate representation in the committee of socialist and developing countries (three from each group) and the United States with allies (12 countries). This injustice was eliminated in the 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 General Assembly also received a new name - the Committee on the Peaceful Uses and Exploration of Outer Space (hereinafter referred to as the UN Committee on Outer Space), and acquired a 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 been making 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 outer 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 the UN Space Committee with information for registering launches;

The UN Secretary General is invited to maintain a public record of information submitted by launching States;

  • - communication by means of satellites should become available to all states on a world-wide basis, non-discriminatory;
  • - the intention expressed by the United States and the USSR not to place any objects with nuclear weapons or other types of weapons of mass destruction in outer space and an appeal to all states to follow this intention and refrain from installing such weapons on celestial bodies or placing such weapons in outer space in any other way.
  • On December 13, 1963, the General Assembly of the PLO 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 for the legally binding Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, for the States Parties. The treaty was signed on January 27, 1967 in Moscow, Washington and London and entered 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 formation of international space law. It has become a new branch of international law, reflecting specific sectoral principles in this area of ​​international relations:

  • - the exploration and use of outer space are carried out for the benefit and in the interests of all countries and are the property of all mankind;
  • - outer space and celestial bodies are open for exploration 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 launch objects with nuclear weapons or other types of weapons of mass destruction into orbit;
  • - The moon and other celestial bodies are used exclusively for peaceful purposes;
  • - astronauts are considered the messengers of humanity 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 tests of nuclear weapons in outer space in accordance with the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963.

Second stage (1968-1979) the formation of international space law is characterized by its rapid development. During this period, the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on International Liability for Damage Caused by Space Objects, 1972, and the Convention on Registration of Objects Launched into Outer Space, 1975 are adopted. ., Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979

Space activity is acquiring an economic character. International organizations are being created that testify to the commercialization of space activities: Agreement on the International Satellite Telecommunication Organization "Intelsat" 1971, Agreement on the establishment of international system and the Space Communications Organization Intersputnik 1971, which was revised in 1997, the 1976 Inmarsat Convention on the International Maritime Satellite Communications Organization, which was revised in 1996, the 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.

From the very beginning, space activities have been an integral part of the development of weapons. 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 Means of Influencing the Natural Environment is concluded, which, in particular, contains the obligation not to resort to military or any other hostile use of means of influencing the natural environment that have broad, long-term or serious consequences as a means of destruction, damage or harm. The term “means of influencing the natural environment” refers to the deliberate manipulation of natural processes to alter the dynamics, composition, or structure of the Earth or outer space.

At this stage, the successful norm-setting activity of the UN Committee on Outer Space comes to an end, since due to contradictions between various groups of states, it is not possible to develop legally binding acts.

However, at third stage (1980-1996) important resolutions of the UN General Assembly are adopted, containing declarations of a recommendatory nature, but having great moral and political significance. Approved the Principles Governing the Use of Artificial Earth Satellites by States for International Direct Television Broadcasting (1982), Principles Relating to Remote Sensing of the Earth from Outer Space (1986), Principles Relating to the Use of Nuclear Power Sources in Outer Space (1992) and adopted the Declaration on International Cooperation in Research and the use of outer space for the benefit and in the interest of all States, with particular regard to the needs of developing countries (1996).

At the third stage, the struggle continued to prevent the military use of outer space. In 1981, the USSR submitted to the UN a draft Treaty banning the placement of weapons of any kind in outer space, and in 1983 - a draft Treaty banning the use of force in outer space and from outer space against the Earth. Both projects were referred to the Conference on Disarmament, but were not essentially discussed.

In 1987, the Guidelines for 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 is a gentlemanly agreement of "unilateral restraint" for the transfer to third countries ballistic missiles and their technologies.

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.

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