4. International space law.
In recent years - the years of scientific and technical progress - one of the leading branches of the national economy has been space. Achievements in the exploration and exploitation of outer space are one of the most important indicators of the level of development of the country.
Despite the fact that this industry is very young, the pace of its development is very high, and it has long been clear that the exploration and use of outer space is now unthinkable without broad and versatile cooperation between states.
Why is legislative regulation of space exploration necessary? Firstly, the global nature of such activities and their consequences, secondly, to ensure the most favorable conditions for business cooperation between states and, thirdly, to regulate the specific relations between states that arise when they conduct joint scientific and technical activities.
Solving the problems of the activities of states in outer space is possible only as a result of international cooperation, and it is precisely such cooperation of states in the exploration of outer space that led to the formation of a special branch of international law - international space law (ICL).
Concept and essence.
From the very beginning of space activities, it turned out that any of its types may affect the interests of one or several foreign states, and most types of space activities affect the interests of the entire international community. This led to the need to introduce the concepts of "lawful space activity", "illegal space activity" and, in addition, to establish a certain procedure for the implementation of space activities that are permissible from the point of view of international communication. For the first time, the recognition that international legal relations may arise in the process of space activities was already contained in the resolution of the UN General Assembly of December 13, 1958, which noted the "common interest of mankind in outer space" and the need to discuss within the UN the nature of "legal problems that may arise during space exploration programs.
This resolution, "The Question of the Peaceful Uses of Outer Space", refers to both the legal status of outer space and the nature of outer space activities (the desire to use outer space only for peaceful purposes, the need for international cooperation in new area).
Therefore, the Outer Space Treaty of 1967 establishes not only the regime of outer space, but at the same time determines the rights and obligations of states in the process of activity not only in outer space itself, but also in other environments, if their activities there are related to the exploration and use of outer space. That. international space law - a branch of international law that regulates legal relations arising in the course of the activities of the world community in space exploration, as well as legal relations in all other environments directly related to space exploration activities.
There is no doubt that there is an inextricable link between law and foreign policy. Closely connected with foreign policy issues and space exploration. The guiding principle in the conduct of foreign policy by states in any field today should be general international legal principles.
Such principles were of particular importance for space activities during the period when the ISL was at the initial stage of its formation. The absence of specific principles had to be compensated for by the application of general principles.
From the very beginning of the emergence of the ITUC science, most of the jurists proceeded from the fact that the basic principles and norms of international law also apply to space activities. As for its specifics, it is subject to special rules, which may constitute a new branch of international law, but by no means an independent legal system.
One of the main principles is the principle of equality of states. With regard to space activities, this principle means the equality of rights of all states both in the implementation of space activities and in resolving issues of a legal and political nature that arise in connection with its implementation. The principle of equality is reflected in the Outer Space Treaty, the preamble of which states that the exploration and use of outer space should be directed to the benefit of all peoples, regardless of their degree of economic or scientific development, and the treaty itself establishes that outer space is open to research and use by all states without any discrimination on the basis of equality and in accordance with international law, with free access to all areas of celestial bodies.
The principle of the prohibition of the use of force and the threat of force in international relations also extends to the space activities of states and the relations between them that arise in this connection. This means that space activities should be carried out by all states in such a way that international peace and security are not endangered, and all disputes on all issues related to space exploration should be resolved peacefully.
So, the commonality of the principles of the ICR and international law allows us to assert that the first is an integral part of the second as a whole. The specificity of the principles and norms of the ICL does not make it possible to identify it with other branches of international law. This determines the role and place of the ICP in the general system of international law.
The aims, method of regulation and sources of the ICR and general international law are identical. The purpose of the ITUC is to ensure and maintain international peace, security and cooperation of states, protect the sovereign rights of states and the interests of all mankind by regulating the relationship of subjects of international law in the space field.
Sources
Method legal regulation uniform for the ITUC and international law. This method is to agree on the wills of states regarding the content of a particular rule of conduct and recognize it as legally binding. This implies the identity of the sources of the ICR and international law. They are international treaty and international custom.
The process of shaping in MCP has two features. The first feature is that it takes place mainly within the framework of the UN. The second characteristic feature is that in most cases the adoption of norms either precedes practice or occurs simultaneously with it, and does not follow practice, as is the case in other branches of international law.
The main role in the process of formation of the norms of the ITUC belongs to the international treaty. In the 1967 Outer Space Treaty, only the main, basic principles and norms of the ITUC were consolidated. With the development of space science and further penetration into space, certain provisions of space law were specified in special agreements, in particular, in the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space and the Convention on International Liability for Damage Caused by Space Objects and in others.
Also, the contractual sources of the ITUC include various agreements on cooperation between states in space exploration. These special agreements are based on the principles and norms common to the ITUC as enshrined in the Outer Space Treaty and these general agreements.
Another type of sources is custom. International custom is a rule of conduct, which, as a result of constant systematic application, is recognized as legally binding subjects of international communication.
Despite the relatively young age of space law, there are already legal principles in it that have been formed as a custom. These are 2 fundamental principles - freedom of exploration and use of outer space and celestial bodies. These principles were formed on the basis of the practice of space activities and as a result of universal recognition by the international community. The fact that both of these principles were subsequently enshrined as treaty rules in the Outer Space Treaty does not change the essence of the matter, since they continue to be legally binding on all participants in international communication as an international legal custom.
Resolutions of the UN General Assembly are advisory in nature, however, adopted unanimously, they express the agreed positions of states regarding a certain course of action, which is desirable for the international community as a whole.
The Statute of the International Court of Justice classifies judicial decisions and doctrines of the most qualified specialists as auxiliary sources of international law. But it should be noted that issues related to the use and exploration of outer space and celestial bodies have not yet been the subject of consideration in the International Court of Justice or arbitration courts, because So far, there have been no practical disputes between States regarding the application or interpretation of the provisions of the ICR.
The second auxiliary source is the works of the most qualified lawyers, specialists in the field of public international law, and primarily the ITUC.
Peculiarities
As a separate branch of international law, the ITUC has a number of characteristic features. The group of features related to outer space includes: 1) there are celestial bodies in outer space, the territories of which do not belong to anyone and can be used by humans in the future, 2) space is practically unlimited, 3) unlike land territory, the World Ocean and airspace, outer space cannot be divided into any zones in the process of its use, 4) outer space is a particular danger to human activity in it.
The group of features related to space activities includes: 1) the use of space for military purposes is an incomparable danger, 2) all states, without exception, are interested in the results of space activities, and only a few of the most developed countries in the world can currently carry it out independently. scientific and industrial relations of states, 3) the launch of spacecraft and their return to earth may be associated with the use of the airspace of foreign states and the high seas, 4) space launches may cause damage to foreign states and their citizens.
And finally, with regard to the features of the direct legal norms. I have already mentioned two of them, concerning the process of shaping, in addition, there is a clear tendency to regulate all issues of the MCP in separate conventions and agreements, each of which has its own area of regulation. Legal issues are resolved mainly through the UN Committee on Outer Space, while in the law of the sea - at conferences. Despite the very close relationship between space law and ecology, lawmaking here lags far behind other branches of international law.
Such specificity of the norms and principles of space law is justified by the peculiarities of outer space itself as a new sphere of human activity, as well as by the peculiarities of space activity, which differs significantly from activities in any other area.
Subjects
The implementation of any activity affecting the interests of other states inevitably leads to the emergence of international legal relations and the bearers of the corresponding rights and obligations in such cases are subjects of international law.
So, the subject of the MCP is understood as a participant, incl. potential, international legal relationship regarding activities in outer space or the use of space technology. There are 2 types of subjects in the MCP. The main subjects are sovereign states as bearers of international rights and obligations. At the same time, the international legal personality of the state does not depend on any act or expression of the will of other participants. international relations.
Secondary - derivative - subjects are created by states and legally operating international organizations. The scope of the legal personality of such international organizations is limited, and it is determined by the will of their member states and is fixed in the international treaty on the basis of which they are established. At the same time, some international organizations, by virtue of their legal personality, can be subjects of international space legal relations (INMARSAT, INTELSAT, ESA), while others can only be subjects of international legal relations, because they do not have special competence in their Charters.
So, the essential difference between the subjects is that sovereign states are ipso facto subjects of the ITUC, while international organizations are only derivative subjects.
There are 4 conditions that intergovernmental organizations must comply with in order for the subject under the main Agreements and Conventions in the field of ITUC: 1) the organization must officially declare that it accepts the rights and obligations under the relevant agreement, 2) the majority of the member states of this organization must be participants in the relevant agreements, 3) the majority of the member states of this organization must be parties to the 1967 Outer Space Treaty, 4) the organization must carry out space activities. However, this may not be enough: under the Liability Convention, the Registration Convention and the Moon Agreement, the rights and obligations of organizations are significantly (or insignificantly) limited.
There is a point of view that natural persons can be considered subjects of the MCP. For example, in Article V of the Outer Space Treaty, the expression "envoy of mankind into space" is used, but this does not mean recognizing an individual as a subject of the MSL, because under Article VIII, the state of registration of a space object retains full jurisdiction and control over such an object and its crew.
The ITUC does not exclude the possibility of non-governmental organizations carrying out space activities (Article VI of the Outer Space Treaty), but this does not mean that non-governmental legal entities become subjects of the ITUC. According to this article, because "the activities of non-governmental 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 themselves have an international responsibility to ensure that the activities of such entities are carried out in accordance with the provisions contained in the contract. And since it is generally recognized in international law that its subjects are equal and independent in internal and external affairs from any other authority, => the question of the international legal personality of legal entities cannot be raised.
And one more point of view: the whole of humanity as a whole should be considered as the subject of the MSP. Such a position cannot be recognized as scientifically substantiated, but rather even utopian, since it does not take into account modern realities in the life of the international community and in international relations, which are based on the real existence of states with different political and economic systems.
Thus, the subjects of the ITUC are only sovereign states and international intergovernmental organizations engaged in space activities.
Objects
The object of international law is everything about which the subjects of the ITUC enter into international legal relations, i.e. material and non-material benefits, actions or refraining from actions that do not belong exclusively to the internal competence of the state.
That. specific objects of the MSP are: 1) outer space, 2) celestial bodies, 3) cosmonauts, 4) artificial space objects, 5) ground-based components of space systems, 6) results of practical activities, 7) space activities.
The contractual concept of "space object" has not yet been worked out. There is only the established practice of registering artificial space objects under the relevant Registration Convention. According to it, the term "space object" includes its constituent parts, as well as its means of delivery and their constituent parts. It is necessary to clearly establish the time aspect, i.e. the moment from which an artificial object becomes cosmic. This is the moment of launch, and even from the moment of an unsuccessful launch, the object is considered space. Also, the object is considered space and after returning to earth, both planned and emergency.
There is also no treaty definition of the concept of "space activities". Today, such is considered human activity in the exploration and use of outer space, incl. natural celestial bodies of extraterrestrial origin. For the first time this term was mentioned in the resolution of the UN General Assembly of December 20, 1961. The use of the term "space activities" suggests that States include both activities in outer space and activities on earth if they are related to activities in outer space.
So, what specific activities are covered by the rules and principles of the ITUC. At present, the interpretation of the concept of space activities depends on one state or another. But it is generally accepted that space activity means the placement of man-made objects in near-Earth orbits, in interplanetary space, on the surface of the Moon and other celestial bodies. Sometimes this also includes suborbital launches (i.e., the vertical launch of objects to high altitudes with their subsequent return to the ground without entering a near-Earth orbit). Undoubtedly, this also includes the actions of people (cosmonauts) and the operation of automatic (autonomous and controlled from Earth by radio) apparatus and instruments on board space objects (including the exit of people and the removal of instruments into outer space or onto the surface of celestial bodies).
Thus, if everything is summed up, it becomes clear that the concept of space activity is associated with: 1) activities in the space environment, including operations carried out on Earth in connection with the launch of a space object, 2) its control, 3) return to Earth.
But today far from all issues related to the definition of space activities have been regulated. For example, it has not been established whether operations on Earth can be considered space activities if they did not result in the successful placement of an object in outer space. Apparently, at the present stage, the issue of defining space activities should be based in each specific case on the relevant provisions of international treaties applicable to this legal relationship.
The term "outer space" is used 37 times in the 1967 Outer Space Treaty alone. But there is no definition of this concept in the MCP. The issue of defining outer space continues to be on the agenda of the UN Committee on Outer Space. But this issue should be discussed in close connection with the activities for its use, which indicates that the concept of outer space cannot be defined in isolation from the element of activity.
Forms of cooperation
The exclusive role of international cooperation in the field of space research and their practical application requires a clear clarification of the legal content of the principle of interstate cooperation from the point of view of the ITUC. The general principle of cooperation established by international law is fully applicable to interstate relations related to the exploration and use of outer space. The states declared their desire to maximally promote the comprehensive development of international cooperation in outer space in the preamble of the 1967 Outer Space Treaty, as well as in many articles of this treaty, and this gives grounds to include the cooperation of states in the exploration and use of outer space among the basic principles of the ISL.
Thus, the Outer Space Treaty of 1967 consolidated the principle of cooperation between states as one of the general principles, the basic principles of the ITUC. A number of provisions of the outer space treaty follow from the principle of cooperation and detail it. For example, the obligation to take into account the relevant interests of all other states when carrying out activities in outer space, not to create potentially harmful interference with the activities of other states, to provide possible assistance to astronauts of other states, to inform all countries about the nature, course, place and results of their activities in outer space, etc. d.
Thus, the main content of the principle of cooperation is the obligation of states to cooperate with each other in the exploration of outer space and the obligation to maximally favor and promote the development of broad contacts and joint work on the study and use of outer space.
Within the UN
The leading role in the development of cooperation between states in the exploration and use of outer space belongs to the UN General Assembly. It has achieved the most significant success in the field of legal regulation of space activities, and it is rightfully considered the center of international cooperation in the development of ISL standards. It adopted: 1) Declaration of Legal Principles of Space Activities, 2) Outer Space Treaty, 3) Rescue Agreement, 4) Liability Convention, 5) Registration Convention, 6) Moon Agreement. Its decisive role in the formation and development of the ITUC was already evident in the creation of the UN Committee on the Peaceful Uses of Outer Space, better known as the Outer Space Committee.
The main functions of the General Assembly include: 1) formulating tasks for the study and development of legal problems of outer space exploration, 2) approval of the recommendations of the UN Committee on Outer Space on issues of legal regulation of space activities of states, and 3) approval of draft agreements on outer space within the framework of the UN Committee on outer space, 4) direct development of drafts of individual articles of these agreements at sessions of the General Assembly with the participation of the absolute majority of states.
Committee on the Peaceful Uses of Outer Space. In accordance with UN resolutions, the committee is charged with dealing with both scientific, technical and legal issues of outer space exploration; it performs the role of the central coordinating body in the field of international cooperation in space exploration. The UN Committee on Outer Space consists of two subcommittees - Legal and Scientific and Technical. The main law-making activity of the Committee is carried out through its Legal Subcommittee. The Legal Subcommittee of the UN Committee on Outer Space carries out activities to develop draft multilateral agreements regulating activities in the exploration and use of outer space. In fact, this subcommittee is the central working body for the development of the principles and norms of the ITUC. The Committee takes decisions by consensus.
The UN Secretary General is endowed with a fairly wide range of powers in the field of coordinating cooperation in space exploration: 1) he is entrusted with the collection and dissemination of information on the space activities of states, 2) maintaining a register containing information on launched space objects and providing open access to it, 3) collection and dissemination of data on phenomena that pose a threat to the life and health of astronauts and the actions of states to rescue and provide assistance to astronauts in the event of an accident, disaster, forced or unintentional landing, 4) ad hoc appointment of the chairman of the commission to consider claims under the Liability Convention, etc. .
In addition, many UN specialized agencies play an important role in space exploration: 1) ITU (International Telecommunication Union), which develops regulations that allocate radio frequency bands for space communications, studies the economic aspects of space communications, and exchanges information on the use of satellites for long-distance communications , 2) UNESCO, whose main task in the field of space is to study the problems of using space communications for the dissemination of information, social development, expansion cultural exchange, 3) WHO, which promotes cooperation between states in the field of space medicine; 4) other organizations.
Two UN conferences on the exploration and use of outer space for peaceful purposes in 1968 and 1982 were also of great importance for the development of international cooperation in space exploration.
Within the framework of intergovernmental organizations
No universal intergovernmental international organization dealing with space problems has been created. At present, practical issues of international cooperation in this area are dealt with by a number of international organizations within their competence.
International Maritime Satellite Organization (INMARSAT). Its main goal was to radically improve maritime communications using artificial earth satellites. The founding documents of INMARSAT consist of an intergovernmental convention on international organization maritime satellite communications, which defines the fundamental provisions for the establishment of the organization and the Operating Agreement, which regulates technical and financial issues, and which is signed either on behalf of the government or on behalf of public or private competent organizations designated by it. The bearers of the rights and obligations under the Convention are only States. The operating agreement provides that its subjects may be either states or competent national organizations designated by the governments of states.
International Organization for Communications via Artificial Earth Satellites (INTELSAT). INTELSAT's main goal is to commercialize the design, construction, operation and maintenance of a global communications system by means of artificial satellites "used for international purposes and accessible to all nations without any discrimination". Now INTELSAT members are more than 100 states. However, in the specialized literature, a number of shortcomings are pointed out, the main of which are that more than half of all votes belong to the American private campaign COMSAT, which represents the interests of the United States in INTELSAT, and that, rather, INTELSAT is a kind of a / o with the participation of foreign capital.
European Space Agency (ESA). Back in the early 1960s, Western European countries decided to pursue a space policy independent of the United States. Several international organizations have been formed. At the end of 1968, a decision was made to merge in the future all space organizations existing in Western Europe and to create a single organization - ESA. Only in 1975, representatives of 11 countries signed the Convention establishing the ESA. 3 more states have observer status. The activities of the ESA should be aimed at ensuring and developing cooperation between European states in space exploration and at the practical application of the achievements of astronautics for peaceful purposes. The main tasks of the ESA are: 1) development and coordination of a long-term common European space policy of all member states and each state separately, 2) development and implementation of a common European space program, 3) development and implementation of an appropriate industrial policy. The agency's space programs are divided into mandatory, financed by all member states, and optional, in the financing of which only interested parties participate.
ARABSAT can be singled out from other intergovernmental organizations. It includes 21 states from among the members of the League of Arab States. The main goal of ARABSAT is to create and maintain a long-distance communication system for all members of the League.
Within the framework of international non-governmental organizations
These international non-governmental organizations do not represent a form of cooperation between states, since their founders and members are not states, but scientific societies, institutions and individual scientists. Their activity contributes to a wide exchange of information, discussion of various scientific problems and strengthening of international cooperation.
The Committee on Space Research (COSPAR) was established in October 1958 to continue the implementation of activities for cooperation in space exploration after the end of the International Geophysical Year. The main task of this international organization is "to enable scientists all over the world to widely use satellites and space probes for scientific research in outer space and to organize the exchange of information on the results of research on the basis of reciprocity." Its goal is to promote progress in the study of outer space on an international scale.
The International Astronautical Federation (IAF) was formed organizationally in 1952. The activity of the IAF is based on the Charter adopted in 1961 with amendments in 1968 and 1974. The activities of the IAF are aimed at promoting the development of astronautics for peaceful purposes, promoting the dissemination of information about space research, as well as on a number of social and legal issues of space exploration. There are 3 categories of members in the IAF: 1) national members (astronautical societies of various countries), 2) universities, laboratories whose activities are related to the training of personnel or research in the field of astronautics, 3) international organizations whose goals correspond to the tasks of the IAF.
International Institute of Space Law (IISL). Established to replace the previously existing IAF Standing Legal Committee. Its task is to: 1) study the legal and sociological aspects of space activities, 2) organize annual colloquia on space law, which are held simultaneously with the IAF congresses, 3) conduct research and prepare reports on the legal issues of space exploration, 4) publish various materials on space law. The Institute is also involved in the teaching of space law. It is the only non-governmental organization that discusses the legal problems of space exploration. IISL is created on the basis of individual membership. It represents the IAF on the Legal Subcommittee of the United Nations Committee on Outer Space.
A responsibility
One of the ways to ensure order in international relations from ancient times to the present day is the use of the institution of responsibility. In international relations there is no centralized supranational apparatus of coercion. International legal norms and principles serve as a guarantee of observance of the international legal order, the most important of which is the principle of pacta sunt servanda - treaties must be respected. But a kind of guarantee of compliance with this principle is precisely the aforementioned principle - responsibility for causing harm or for refusing to compensate for it.
And, therefore, international responsibility is a special institution of international relations, including the obligation to eliminate the harm caused, unless the fault lies with the injured party, as well as the right to satisfy one's violated interests at the expense of the interests of the harming party, including applying to it in appropriate cases sanctions. The concept of responsibility in the ICP includes: 1) the international responsibility of states for violation of the norms and principles of international law and 2) liability for damage caused as a result of space activities.
In the ITUC, the development of rules on liability began in the field of public law relations. The problems of private liability for space activities have not yet been considered, which is explained by the fact that all space activities are carried out by states or they are responsible for the activities of private companies.
Legislatively, the responsibility of states for outer space activities is established in the 1967 Outer Space Treaty, which states that “the states parties to the treaty bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, regardless of whether it is carried out by governmental organizations or In addition, it is provided that, if space activities are carried out by an international organization, the responsibility for the implementation of the provisions of the treaty shall be borne, along with the international organization, by the states parties to the treaty.
According to the Outer Space Treaty, international responsibility for damage caused by space objects or their components on earth, in the air or in outer space, including the Moon and other celestial bodies, is borne by the State that carries out or organizes the launch, as well as the State from the territory or whose settings are being launched. Liability arises when damage is caused to another state, its natural or legal persons.
Types of damage. This can be: the fall of any space objects or their parts can lead to the death of people, causing injury to them, destruction or damage to property belonging to the state or its individuals and legal entities, both on land, and on the high seas and in the air. Damage can be caused during the launch of a space object into orbit if the flight path of the launch vehicle passes through the airspace in which the aircraft are located. Damage can also be caused in outer space - a space object of one state can cause damage to an object in orbit of another state. When on celestial bodies scientific stations, refueling stations and launch sites for flights into deep space will be created, damage may also be caused to these objects. The damage can also be expressed in other forms: interference with space radio communications, television through space relays.
If the damage was caused as a result of legal actions, without direct intent and without deliberate violation of legal norms, we can only talk about material compensation for damage. But when one has to deal with a deliberate violation of the norms of international law, one is talking about the political responsibility of one state to another or to the entire international community. In such cases, responsibility can be both political and material.
In 1971, the text of the draft Convention on International Liability for Damage Caused by Space Objects was adopted. Here are its main points. The concept of damage according to it includes deprivation of human life, bodily injury or other damage to health, destruction or damage to property of the state, its individuals and legal entities or international intergovernmental organizations.
States bear absolute responsibility for damage caused by a space object on the earth's surface or to an aircraft in flight. In case of damage caused by one space object to another, the responsibility of the state arises only if there is fault. Exemption from liability is provided in case of gross negligence or intent of the victim.
A one-year limitation period is set. The amount of compensation is calculated in order to ensure the restoration of the state of affairs that would have existed if the damage had not been caused.
Disputed claims are governed by ad hoc claims commissions composed of three members - representatives: 1) the plaintiff state, 2) the launching state, 3) the chairman elected by them. The decision of the commission is binding if an agreement has been reached between the parties, otherwise it is advisory in nature.
The session of the UN General Assembly in 1971 approved the final text of the Convention on International Liability. In 1972 the convention was opened for signature and it entered into force on August 30, 1972.
Development prospects
Prospects for the development of the MCP fall into two large groups. Firstly, these are legal issues related to the further development of scientific and technical progress in the field of space exploration, as well as to the development of international relations on the same issues. Secondly, the direct improvement of the already existing legislation and the rule-making process in the ITUC.
I could include in the first group: 1) the need to resolve issues of legal regulation of direct television broadcasting, 2) the need to conclude an agreement on the use of remote sensing of the Earth, 3) a serious need to establish a boundary between air and outer space, because it turns out that the border of state sovereignty in the airspace has not yet been determined, 4) the need to establish a geostationary orbit regime, 5) the need to solve problems associated with nuclear energy sources in space.
The second group should include: 1) the need to resolve a number of contentious issues both in existing legislation and on issues that only need to be legalized, in particular, it is necessary to more clearly define the basic terms of the MCP - outer space, space object, etc. , 2) it is necessary to create a universal intergovernmental organization that would unite all international organizations associated with the ITUC, 3) it is necessary to develop and adopt clear, clear, comprehensive principles of the ITUC, taking into account today's realities.
Considering all of the above, several conclusions can be drawn: 1) despite its relative youth, the ICL has already taken shape as a completely independent branch of international law, 2) despite the vagueness of some formulations (or even their absence), the ICL is quite capable of independently regulating all international relations, related to the exploration and use of space, 3) the legal regulation of international relations arising in connection with the exploration of space, contributes to the creation of a solid base for international cooperation in space exploration.
1Polis - a city-state, a form of socio-economic and political organization of society in ancient Greece.
2 See: Grabar V.E. Materials for the history of the literature of international law in Russia (1647 - 1917). M.: Publishing House of the Academy of Sciences of the USSR, 1958.
3State archive of the Russian Federation. F. 5765. Op. 1. D. 3.
4See: Bogaevsky P.M. International law. Sofia, 1923; He is. International law. Sofia, 1932.
5 Taube M.A. Eternal peace or eternal war (Thoughts about the "League of Nations"). Berlin, 1922. S. 30.
6 Zimmerman M.A. Essays on new international law. A guide to lectures. Prague: Flame, 1923. S. 318.
7 In the literature, the term “modern international law” is usually used to refer to the international law of this era in “floating” chronological frames. It is easy to see that this term is unfortunate and highly arbitrary. Modern is what corresponds to the life of the present generation. Not accidentally appeared in the light in 1882-1883. the fundamental two-volume work of Professor of St. Petersburg University F.F. Martens was called "Modern International Law of Civilized Nations".
8 The treaty received its name from the names of the main initiators of its signing: Brian Aristide (1862-1932), French Foreign Minister, and Kellogg Frank Billings (1856-1937), US Secretary of State in 1925-1929.
The International Air Transport Conference was held in Montreal from May 910-29, 1999, with the aim of modernizing the commercial aviation regulation system established by the Warsaw Convention of 1929, as this system was being devastated by the trends, rooted in recent decades, towards the regionalization of the criteria for establishing the liability of an air carrier for causing harm to life, health and transported objects. To this end, a new convention has been adopted, which, among other things, increases limit of liability up to 100 thousand US dollars.
countries, bypassing the territory of the flag state of the aircraft; 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 Tokyo Convention of 1963 on crimes on an 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 take-off until the end of the landing - the end of the landing run of the vessel.
An exception:
1. a crime directed against citizens over whose territories the ship flies.
2. a violation is made by a citizen of the state
3. the ship itself violated the rules of flight.
48. International legal regulation of outer space.
The International Aeronautical Federation (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 governing 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. Civil law as a branch of modern international law began to take shape in the 1960s. 20th century in connection with the implementation of space activities by states, the beginning of which was laid by 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 space exploration are contained in the 1967 Outer Space Treaty: freedom to explore and use outer space and celestial bodies; partial demilitarization of outer space (prohibition to place 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; extending to activities in the exploration and use of outer space and celestial bodies the basic principles of international law, including the UN Charter; preservation of the sovereign rights of states to the space objects they launch; international responsibility of states for national activities in space, including for damage caused by space objects; prevention of potentially harmful consequences of experiments in outer space and on celestial bodies; assistance to spacecraft crews in the event of an accident, distress, forced or unintended landing; promotion of 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 k. on his initiative, the Treaty on Outer Space was concluded in 1967, and in 1968 - the Agreement on the Rescue of Astronauts. In 1971 Soviet Union made a proposal to develop an international treaty on the moon, and in 1972
With a proposal to conclude a Convention on Principles for the Use by States of Artificial Earth Satellites for Direct Television Broadcasting. Relevant draft agreements were submitted to the UN. The Soviet Union seeks a ban on the use of outer space for military purposes, considering such a ban as The best way ensuring the use of outer space exclusively for peaceful purposes. As early as 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 study of outer space (this proposal was included as an integral part of the Soviet draft treaty on general and complete disarmament).
K. the item develops in 2 main directions. On the one hand, this is the process of specifying and developing the principles of the 1967 treaty (the 1968 Rescue Agreement and the 1972 Convention on International Liability for Damage are the first steps in this direction). The improvement of space flight technology raises the question of the feasibility and possibility of establishing a high-altitude limit for the spread of state sovereignty in aboveground space (i.e., the definition of the concept of outer space), the problem of developing legal measures to prevent clogging and contamination of outer space deserves attention. Another direction in the development of spacecraft is directly related to the use of artificial earth satellites and orbital stations for communications, television broadcasting, meteorology, navigation, and the study of natural resources Earth. International legal regulation in the field of space meteorology is gaining importance for the purpose of mutual exchange of meteorological data and coordination of the meteorological activities of various countries.
Specialized and other UN agencies show considerable interest in space problems, including their international legal aspect. A number of nongovernmental international organizations are engaged in studying the problems of space exploration: the Inter-Parliamentary Union, the International Institute of Space Law, the Association of International Law, the Institute of International Law, and others. problems are being studied in various scientific research institutions, the Commission on Legal Issues of Interplanetary Space of the Academy of Sciences of the USSR 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 protection environment- 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 the rational, environmentally sound use of natural resources. The concept of "environment" covers a wide range of elements related to the conditions
human existence. They are divided into three groups of objects: objects of the natural (living) environment (flora, fauna); non-living environment objects (marine 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. Together, all this constitutes an environmental system, which, depending on the territorial sphere, can be divided into global, regional and national. Thus, the protection (protection) of the environment is not adequate to the protection (protection) of nature. Having arisen in the early 1950s as the protection of nature and its resources from depletion and pursuing not so much protective as economic goals, in the 1970s this task, under the influence of objective factors, was transformed into the protection of the human environment, which more accurately reflects the current complex global problem. .
Kyoto protocol- an international document adopted in Kyoto (Japan) in December 1997 in addition to the UN Framework Convention on Climate Change (FCCC). He obliges the developed countries and countries with economies in transition to reduce or stabilize greenhouse gas emissions in 2008-2012 compared to 1990. The protocol signing period opened on March 16, 1998 and ended on March 15, 1999.
As of March 26, 2009, the Protocol has been ratified by 181 countries worldwide (these countries collectively account for more than 61% of global emissions). The notable exception to this
list are USA. The first implementation period of the protocol began on January 1, 2008 and will last five years until December 31, 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 environmental agreement based on a market-based regulatory mechanism - the mechanism for international trading in greenhouse gas emissions.
The goal of the restrictions is to reduce the combined average level of emissions of 6 types of gases (CO2, CH4, hydrofluorocarbons, perfluorocarbons, N2O, SF6) during this period by 5.2% compared to the 1990 level.
Flexibility Mechanisms
The protocol also provides for so-called flexibilities:
trading in quotas, in which states or individual economic entities on its territory can sell or buy quotas for greenhouse gas emissions on the 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 at the expense of investments of another country of Annex I of the UNFCCC;
Clean Development Mechanisms - projects to reduce greenhouse gas emissions carried out in the territory of one of the countries of the UNFCCC (usually developing countries) that are not included in Annex I, in whole or in part at the expense of investments of the country of Annex I of the UNFCCC. Flexibility mechanisms were developed at the 7th Conference of the Parties to the UNFCCC (COP-7), held in Marrakesh (Morocco) at the end of 2001, and approved at the First Meeting of the Parties to the Kyoto Protocol (MOP-1) at the end of 2005.
50. The 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 that regulate the use of war as an instrument for resolving disputes, the relations of belligerents with each other and with neutral states, the protection of victims of war, as well as limiting the methods and means of waging war.
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.
The main sources of international humanitarian law are four Geneva Conventions for the Protection of Victims of Armed Conflicts of August 12, 1949 and two Additional Protocols to them of June 8, 1977. These treaties are of a universal nature. Thus, today 188 states are parties 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 rules of international humanitarian law are regarded as customary rules that are binding on
all states without exception, including states that are not parties to the relevant international treaties.
V basis of international humanitarian law duty to protect life 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, it is prohibited to attack these persons or intentionally inflict physical harm on them. In other words, international humanitarian law is meant 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 is a set of rules governing relations between subjects of international law in connection with their use atomic energy In 1956, for the purpose of effective multilateral cooperation, a universal
international nuclear organization - the International Atomic Energy Agency (IAEA), as well as regional organizations- European Atomic Energy Community (Euratom), European Center for Nuclear Research (CERN), Agency to Prohibit nuclear weapons in Latin America (OPANAL), etc.
Multilateral agreements in the nuclear field have made it possible to provide more high level international cooperation. Such agreements include the ILO Convention No. 115 on the Protection of Workers against 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 Convention on Physical Protection nuclear material 1980, the Convention on Early Notification of a Nuclear Accident of 1986, the Convention on Assistance in the Event of a Nuclear Accident or Radiation Emergency of 1986, the International Convention on Nuclear Safety of 1994, etc.
One of the directions in the development of international nuclear 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 treaties on safeguards 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 established 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 took on special significance, since the NPT made it mandatory for each state party to enter into a safeguards agreement with the IAEA.
The goal of the Agency's work in the country is to state that work in the peaceful nuclear field is not switched to military purposes. By signing such an agreement, the state, as it were, guarantees that it does not conduct military research, which is why this document is called an agreement on guarantees. At the same time, the IAEA is a purely technical body. It cannot give a political assessment of the activity of this or that 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 civilian to military purposes, but only detects the diversion of safeguarded material or
misuse of a safeguarded facility and initiate consideration of such facts in the UN. At the same time, the Agency's conclusions are distinguished by extreme caution and correctness.
An important component of atomic law is made up of bilateral and multilateral treaties aimed at preventing a nuclear armed conflict: the 1963 Treaty on the Ban on Nuclear Weapons Tests in the Atmosphere, Outer Space and Under Water; Agreement on measures to reduce the risk of occurrence nuclear war between the USSR and the USA in 1971; Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction at the Bottom of the Seas and Oceans and in Its Subsoil 197! G.; Agreement between the USSR and Great Britain on the prevention of the accidental outbreak of nuclear war in 1971; SALT-1 Treaty between the USSR and the USA, 1972; Agreement between the USSR and the USA on the Prevention of Nuclear War of 1973; Agreement between the USSR and France on the prevention of accidental or unauthorized use of nuclear weapons in 1976; START-1 Treaty between the USSR and the USA, 1991; START-2 treaty between Russia and the USA of 1993, etc.
Agreements on the creation of nuclear-free zones in Antarctica, Latin America, the South Pacific, South-East Asia, Africa also contribute to the prevention of nuclear war.
In modern international law, a new branch has been formed - international space law. The subject of this branch are: relations concerning celestial bodies and outer space; artificial space objects, the legal status of astronauts, ground-based space systems, as well as space activities in general.
International treaties serve as the main sources of international comic law, namely:
- Treaty on Principles for the Activities of States in the Use and Exploration of Outer Space, Including the Moon and Other Celestial Bodies (Moscow, Washington, London, January 27, 1967);
- Convention on International Liability for Damage Caused by Space Objects (Moscow, London, Washington, March 29, 1972);
- Agreement on the Rescue of Cosmonauts, the Return of Objects and the Return of Cosmonauts Launched into Outer Space (Moscow, London, Washington, April 22, 1968);
- Convention on the Registration of Objects Launched into Outer Space (November 12, 1974);
- Agreement on the Activities of States on the Moon and Other Celestial Bodies (December 5, 1979);
- bilateral and regional agreements between states, international organizations and states.
The Treaty on the Ban on Nuclear Tests in the Atmosphere, Under Water and in Outer Space (Moscow, August 5, 1963) played a huge role in regulating outer space and its legal regime.
Participants in international legal relations regarding the use of space technology and activities in outer space, in this case, are subjects of international space law. States are the main subjects, since most they carry out all space activities.
International organizations, in accordance with the vested powers, are secondary subjects of international law. An example is the International Satellite Communications Organization and others. In space activities, many treaties may establish different conditions for the participation of international organizations.
For example, in accordance with the 1972 Convention, in order for an international organization to enjoy certain rights and bear the obligations that arise from this Convention, additional conditions must be met:
- the majority of the organization's members must be parties to the 1967 Outer Space Treaty;
- an international organization must officially declare that it accepts all obligations under this Convention;
- the organization itself must independently implement space activities.
Non-governmental organizations, that is, legal entities, can also take part in the implementation of space activities, since international space law does not exclude such a possibility. But since such enterprises do not have the right to take a direct part in the creation of legal norms, then, accordingly, they cannot be subjects of international law. When the state signs contracts with large corporations, this is just an agreement of a civil law nature, and not an international treaty. With such entities, space activities are carried out "under the strict supervision and with the permission of the relevant state", which is responsible and liable for the activities of these legal entities.
In international space law, several sectoral principles have been formed:
- freedom of use and exploration of celestial bodies and outer space;
- a ban on the national appropriation of celestial bodies and outer space;
- the responsibility of states for space activities;
- non-damage to celestial bodies and outer space.
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The concept, essence and main features of international space law
From the very beginning of space activities, it turned out that any of its types can affect the interests of one or several foreign states, and most types of space activities affect the interests of the entire international community. This led to the need, firstly, to separate the concepts of “lawful space activity” and “illegal space activity” and, secondly, to establish a certain procedure for the implementation of space activities that are permissible from the point of view of international communication.
The implementation of any activity affecting the interests of other states inevitably leads to the emergence of international legal relations. In such cases, the subjects of international law become bearers of the corresponding rights and obligations.
The recognition that international legal relations may arise in the process of space activities was already contained in UN General Assembly Resolution 1348 (XIII) of December 13, 1958, which noted “the general interest of mankind in outer space” and the need to discuss within the UN the nature of “ legal problems that may arise in the conduct of space exploration programs”.
The development of international legal norms regulating relations that develop in the process of space exploration initially took place on the basis of the concept of space activity as an object of legal relations. At the same time, there was a need to establish the legal regime of outer space - a new environment in which it became possible to carry out human activities.
The resolution of the UN General Assembly “The question of the use of outer space for peaceful purposes”, adopted on December 13, 1958, refers to both the legal status of outer space and the nature of outer space activities (the desire to use outer space exclusively for peaceful purposes, for the benefit of mankind ; the need for international cooperation in the new field).
The Outer Space Treaty of 1967 establishes the regime of outer space (Articles I and II) and at the same time determines the rights and obligations of states in the process of activity not only in outer space itself, but also in all other environments, if their activities there are related to research and using space.
If the norms and principles of international space law related only to the regulation of activities in outer space itself, then the relevant legal relations on Earth related to activities in outer space would be artificially excluded from the scope of space law.
There is an inextricable link between the legal regime of outer space and the legal regulation of activities for the use of this space. Even before the UN General Assembly recognized the need to develop special legal principles for space activities, legal scholars in many states predicted that the system of international law would develop special group norms and principles designed to regulate legal relations in a new field of activity. The specificity of this group of norms and principles was substantiated by the peculiarities of outer space itself as a new environment for human activity, as well as by the peculiarities of space activities, which differ significantly from activities in any other area.
Space law has the following features: only outer space gives mankind the opportunity to go beyond the earthly environment in the interests of the further progress of civilization; in outer space there are celestial bodies, the territories of which do not belong to anyone and can be used & in the future by man; space is practically limitless; unlike land territory, the World Ocean and air space, outer space cannot be divided into any zones in the process of its use; outer space poses a particular danger to human activity in it; in space and on celestial bodies, physical laws operate that are significantly different from those on the earth.
The peculiarities of space activity include the fact that it is carried out with the help of fundamentally new means - rocket and space technology; the use of outer space for military purposes is an incomparable danger; all states, without exception, are interested in the results of space activities, and at present only a few of the most scientifically and industrially developed states can carry it out independently; the launch of spacecraft and their return to Earth may be associated with the use of the airspace of foreign states and the high seas; space launches can cause damage to foreign states and their citizens.
Based on the specified specifics of outer space and outer space activities, the legal doctrine offered various solutions to problems arising in connection with human activities in this area.
Some lawyers substantiated the specifics of the international legal regulation of space activities and the regime of outer space. At the same time, they went so far in their reasoning that they formulated a conclusion either about the complete independence of a new type of legal relationship and its isolation from the totality of already existing international legal relations, or about the need to revise existing international law under the influence of a new type of activity.
An analysis of the nature and goals of space activity shows that there is no exclusivity from the point of view of social relations in this new sphere of human activity.
There is an inextricable link between law and foreign policy. Closely connected with foreign policy issues and space exploration. The principles of peaceful coexistence, which, of course, apply to outer space activities, should serve as the guiding principle in the conduct of foreign policy by states in any field today.
Special meaning general legal principles had for space activities at a time when international space law was in the initial stage of its formation. The absence of specific principles had to be compensated for by the application of general principles. This approach made it possible to reject unfounded allegations of a "legal vacuum" in the field of space activities.
From the very beginning of the birth of the science of international space law, Soviet and other progressive lawyers proceeded from the fact that the basic principles and norms of international law also apply to space activities. With regard to its specifics, it is subject to consideration in special rules, which, being based on universally recognized fundamental principles and norms, can constitute a new branch of international law, but by no means an independent legal system.
Soviet, and later - Russian concept international law proceeds from the close relationship of scientific and technological progress and law. The progress of science and technology cannot but be reflected in the development of international law. The largest scientific and technological achievements have always necessitated the legal regulation of relations between states related to the use of these achievements, in view of the fact that the consequences of their application can acquire a regional and even global character.
However, international law is not only influenced by scientific and technological progress, but, in turn, has an impact on the development of science and technology. The adoption of prohibitive norms hinders the improvement of some types of technology, stimulates the development of new ones, the use of which would not fall under the effect of these prohibitions.
If, from the point of view of the science of nature, the cosmos is subject to its own special laws, then from the point of view of the science of society, it must be subject to principles common to all mankind, which apply to all types of activity. International law is a social historical institution, the existence of which is due to the division of the world into independent states. Any activity that affects the interests of more than one state is subject to regulation by this system of law. The norms of international law generally recognized in each particular era are subject to application wherever different states operate.
The legal regime of outer space and the regulation of outer space activities cannot be divorced from the basic principles of peace and the peaceful coexistence of states. They should be built taking into account the urgent problems of the development of modern international relations.
The extension of the basic principles of modern international law to outer space is also necessary because they include provisions on equality, peaceful coexistence, cooperation of states, non-interference in each other's internal affairs, etc. All peoples are interested in their observance. These principles are applicable to all types of space activity, regardless of its nature. Only on the basis of these principles is it possible to organize broad international cooperation and accelerate progress in the field of exploration and use of outer space.
The theoretical controversy of legal scholars ended with the official recognition by states of the applicability of international law, including the UN Charter, to outer space and celestial bodies [p. 1a resolution of the UN General Assembly 1721 (XVI) of December 20, 1961]. A year later, states recognized the applicability of international law, including the UN Charter, to the activities of states in the exploration and use of outer space [Preamble to UN General Assembly Resolution 1802 (XVII) of December 14, 1962]. The 1967 Outer Space Treaty already contains binding substantive rules, according to which outer space is open for exploration and use by all States in accordance with international law (Art. I), and activities for the exploration and use of outer space must be carried out in accordance with international law , including the UN Charter (Article III).
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; international private 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 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 its allies (12 countries). This injustice was eliminated in the resolution of the UN General Assembly 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 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 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 taken 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 information to the UN Committee on Outer Space for registration of launches;
The Secretary-General of the United Nations is requested to keep a public record of information submitted by launching states;
- – communication by means of satellites should become available to all states on a worldwide basis, excluding discrimination;
- - the intention expressed by the United States and the USSR not to place in outer space any objects with nuclear weapons or other types of weapons of mass destruction 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 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 reflects the provisions of previous resolutions and a number of other principles.
The text of this Declaration, which is advisory in nature, formed the basis of the Treaty on the Principles of Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, which is legally binding on 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 branch principles in this area of international relations:
- – the exploration and use of outer space 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 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 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 to be the messengers of mankind 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 tests in outer space in accordance with the 1963 Treaty on the Ban on Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water.
Second stage (1968–1979) 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, 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, are adopted ., Agreement on the Activities of States on the Moon and Other Celestial Bodies, 1979
Space activity acquires an economic character. International organizations are being created that testify to the commercialization of space activities: the Agreement on the International Organization of Satellite Telecommunications "Intelsat" in 1971, the Agreement on the Creation international system and the Space Communications Organization Intersputnik 1971, which was revised in 1997, the Convention on the International Maritime Satellite Organization Inmarsat 1976, 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) is held in Vienna.
Space activities have been an integral part of the development of weapons 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 Management Tools is concluded, which, in particular, contains an obligation not to resort to military or any other hostile use of environmental management tools that have wide, long-term or serious consequences, as means of destruction, damage or injury. The concept of "means of influencing the natural environment" 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 activity of the UN Committee on Outer Space is completed, since due to contradictions between various groups of states, it is not possible to develop legally binding acts.
However, on third stage (1980-1996), important resolutions of the UN General Assembly are adopted, containing declarations of a recommendatory nature, but of great moral and political significance. Approved 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) and the Declaration on International Cooperation in Research adopted and Use of Outer Space for the Benefit and in the Interest of All States, with Particular Consideration for the Needs of Developing Countries (1996).
In the third stage, the struggle to prevent the military use of outer 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 against the Earth. Both drafts were submitted to the Conference on Disarmament, but were not discussed in substance.
In 1987, the Guidelines on 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 gentlemen's agreement "on unilateral restraint" in the transfer to third countries ballistic missiles and their technologies.
In 1982, Vienna hosted the second UN World Conference on the Exploration and Peaceful Uses of Outer Space UNISPACE-P, the main outcome of which was the expansion of the UN Program on Space Applications.
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