International space law in brief. International space law

The concept of “space law”. Subjects of space law. Some features of the activities of international organizations as subjects of space law. Object (of legal regulation) in space law. History of the emergence of space law. Basic principles of space law. Main sources of space law. Features of the political and legal position of astronauts in the space of space law.

Space law is a branch of modern international law, the basic and special principles and norms of which regulate the legal status of outer space, and also establish political and legal regimes for its use by subjects of space law.

As subjects of space law in the modern international legal space on this moment(beginning of the 21st century) are almost exclusively states.

Nevertheless, international intergovernmental organizations can also take some participation (in practice, quite limited) in various work in the space field, but only in cases where the majority of member states of a particular international intergovernmental organization are full parties to the fundamental international agreement on space law, namely the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 1967, as well as other most important sectoral documents of a universal nature.

At the same time, the determining role in the space of space law at this moment in human history is played by states, i.e. are still, to an almost absolute extent, the dominant subjects of modern space law.

A significant exception to this status quo In the relationship between states and international organizations in activities in the field of space, it is necessary to recognize the UN, an Organization that played an important role in the development and implementation of the legal framework for space cooperation between states.

Thus, within the framework of the activities of the UN, a significant role in ensuring the activities of space law is played by the UN, created in 1959. General Assembly th UN Committee on the Peaceful Uses of Outer Space.

Within the framework of this Committee, activities are carried out to enhance technical cooperation between states on space issues; programs are being developed for joint space exploration; there is an exchange of various technical and political and legal information on this issue; the process of familiarizing subjects of space law with legal standards in this area is underway.

The UN Committee on the Peaceful Uses of Outer Space consists of two parts: legal and scientific and technical departments (subcommittees), each of which works in accordance with its own direction.

Also, the following international organizations are quite active in the field of space law:

1) UNESCO;
2) OSCE;
3) IAEA;
4) ICAO;
5) WMO.

In their work, these organizations often interact with the legal department (subcommittee) of the UN Committee on the Uses of Outer Space.

The whole complex various relationships between subjects of space law related to ensuring the mutually beneficial use of outer space is an object (of legal regulation) of this international legal branch.

Space law is the latest branch of international law to emerge. The activity of this international legal branch began only in the late 50s. XX century, after the two most powerful powers of that time (and they were also opponents in cold war) - The USSR and the USA launched their own space programs that changed the world's scientific, technical and military-political realities.

In fact, the starting point for the emergence of space law was the launch of the first artificial Earth satellite in 1957 by the USSR. The “symmetrical responses” of the Americans that followed; the USSR sending the first man into space; American astronauts' flight to the moon; The rapid development of space technologies in both adversary countries finally “secured life” for space law, making it the most modern and promising branch of international law.

As already indicated above, the main source of space law is the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 1967. This document formulated and consolidated the defining political and legal principles of space law as an existing and developing international law. legal industry.

The basic principles of space law, designed to determine the specific practical activities of subjects of space law, are:

1) the principle of exploration and use of outer space (space) in the interests of all mankind;
2) the principle of absolute political and legal equality of all states in their exploration and use of outer space (space);
3) the principle of freedom of scientific research in outer space(in space);
4) the principle of inadmissibility of national appropriation of outer space (outer space);
5) the principle of exploring and using outer space (outer space) exclusively for peaceful purposes;
6) the principle of international responsibility for national activities in outer space (in outer space);
7) the principle of international political and legal responsibility for damage caused by space objects;
8) the principle of cooperation and mutual assistance of states when they carry out any space activities;
9) the principle of states refusing to pollute outer space (space) with various hazardous waste and space debris.

In addition, in the Treaty under consideration, its developers managed to combine the issues of human activity in space with other most important issues modern humanity, namely with:

1) the problem of ensuring global security;
2) the problem of environmental safety;
3) the problem of nuclear arms control.

Also, this Treaty developed the fundamental legal basis for this branch of modern international law.

In addition, important international sources of space law are:

1) Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, 1968;
2) Convention on International Liability for Damage Caused by Space Objects, 1972;
3) Convention on the Registration of Objects Launched into Outer Space, 1975;
4) Agreement on the activities of states on the Moon and other celestial bodies of 1979 and a number of other sectoral international agreements.

Cosmonauts, regardless of their nationality, citizenship and state affiliation, within the framework of the current space law, have the status of envoys of humanity in space, entitled to immediate and effective assistance from any modern state (possessing certain technical capabilities) in the matter of their timely and safe return to the territory of the states that launched them.

In addition, modern international legal standards also require states and other subjects of space law (i.e., international intergovernmental organizations) to provide all astronauts with any other possible assistance, for example, to inform the states that are sending or have already sent an astronaut into space all information about possible risks for the life and safety of an astronaut related to certain phenomena in space recorded by special equipment and/or scientists of a given subject international relations.

In this regard, special attention should be paid to the fact that in space law such a category of space law subjects as “operating states” of various space objects (probes, satellites, etc.) launched by other space subjects is currently actively operating. rights to outer space.

In practice, states that operate space objects are either technically less developed (compared to states that produce space objects, which, as a rule, launch certain objects) states, or powers that are closely associated economically and politically with those launching certain space satellites and /or probes by states.

States that operate space objects can also be wealthy, economically developed subjects of international relations, but do not consider the development of their own space programs as a priority for their national economies and political systems.

The crews of manned spacecraft during flight are always under the jurisdiction of the state of registration of the spacecraft. Ownership rights to a particular space object, as well as to its component parts, belong to the specific state of registration of this object, both while it is in outer space and upon the return of this object to Earth.

Outer space, according to the standards of space law, does not belong to any international legal entity, but is a space that can be freely used by all subjects of international relations with the appropriate technical capabilities.

Also, the Moon, in accordance with the standards of space law (Agreement on the Activities of States on the Moon and Other Celestial Bodies of 1979), acts as “the common heritage of all human civilization.” This applies to all the resources of the Moon, both those found and those not yet discovered by researchers.

A separate important issue is the use of outer space (outer space) in the interests of ensuring national security in the sphere of activity of the Armed Forces (AF) of certain states and/or military-political alliances (functioning in modern conditions on the basis of influential international intergovernmental organizations). In this area of space law, it can currently be stated that there is some contradiction.

Thus, on the one hand, the principle of exploration and use of outer space (outer space) exclusively for peaceful purposes, as well as specific provisions of space law based on it, prohibit testing various types and types of weapons in space; the creation of any military bases in outer space (this international legal requirement may become quite relevant in the future, subject to the active development of military space and military technologies in the appropriate direction) and proclaim outer space demilitarized.

However, on the other hand, modern international law allows for the possibility of a justified (but only necessarily temporary) presence in outer space of various weapons, with the exception of nuclear weapons (this clause in space law is absolutely categorical).

This contradiction is not too obvious and/or directly destructive in terms of specific law enforcement practice, but it leaves some “loopholes” for the use of space by influential world “players” not always for peaceful purposes.

The further development of space law will likely be associated, first of all, with the development of space industry and technology; military technologies; space projects and research, as well as human civilization in general. The option of human development with significantly more active space exploration (which would lead to a significant change in the current space law) is unlikely in the short term, and speculation about the long term is premature.

In any case, the current political and legal relations between the leading states in the field of space use are generally positive. They are undoubtedly focused on mutually beneficial cooperation.

Even before the advent of special international treaties on outer space, some principles and norms of space law developed as international legal customs. These include the principles of non-extension of state sovereignty to outer space, the equal right of all states to explore and use space, compliance of space activities with general international law, and international responsibility of states for national space activities.

In 1959, the UN Committee on the Peaceful Uses of Outer Space (UN Committee on Outer Space) was created, consisting of 24 member states. This permanent Committee, which is a subsidiary body of the UN General Assembly, currently includes 71 states. The Committee was tasked with dealing with scientific, technical and legal issues of the exploration and use of outer space and performing the role of the central coordinating body in the field of international cooperation in space exploration. Within the framework of the Committee, the main multilateral international legal documents regulating the activities of states in the field of outer space exploration were developed: Treaty on the principles governing the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, 1967 (Outer Space Treaty); Agreement concerning the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968 (Astronaut Rescue Agreement); Convention on International Liability for Damage Caused by Space Objects, 1972 (Liability Convention); Convention on the Registration of Objects Launched into Outer Space, 1975 (Registration Convention); Agreement concerning the Activities of States on the Moon and Other Celestial Bodies of 1979 (Moon Agreement). These treaties have entered into force, their parties are big number states (Russia participates in four treaties, with the exception of the Moon Agreement).

Certain rules relating to activities in space are contained in multilateral treaties regulating other areas of relations. Thus, the Treaty Banning Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water of 1963 and the Convention on the Prohibition of Military or Any Other Hostile Use of Weapons on the Natural Environment of 1977 establish certain prohibitive norms that apply, among other things, to actions in outer space. The 1992 Charter of the International Telecommunication Union determines that the orbital region of so-called geostationary satellites is a limited natural resource requiring rational use.

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

Additional sources of international space law, which are advisory in nature, are the resolutions of the UN General Assembly on space issues. The provisions of the first Resolution Recommendations (1721 (XVI) “International Cooperation in the Peaceful Uses of Outer Space” and 1962 (XVIII) “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space”) contributed to the formation of customary norms and were subsequently reflected in later international treaties on outer space. Subsequent resolutions aimed at regulating certain types of space activities also perform a certain regulatory function. These include, in particular, the following Resolutions: “Principles for the use by states of artificial Earth satellites for international direct television broadcasting” (37/92, 1982); Principles Relating to Remote Sensing of the Earth from Space (41/65, 1986); Principles Relating to the Use of Nuclear Power Sources in Outer Space (47/68, 1992); “Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and Interest of All States, with Special Consideration to the Needs of Developing Countries” (51/122, 1996).

The UN Committee on Outer Space has repeatedly discussed the feasibility of developing a universal comprehensive convention on international space law, as well as the creation of an international (world) organization for space exploration. The corresponding proposals have not yet been implemented in practice.

Subjects and objects of international space law

Based on the generally accepted understanding of international space law as a branch of public international law, its main (primary) subjects, i.e. The holders of rights and bearers of responsibilities are states. Their international space legal personality does not depend on any legal act or expression of the will of other participants in international relations.

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

From the point of view of the theory of modern public international law, other types of persons (for example, astronauts or private companies involved in the launch and maintenance of space object flights) are not subjects of international space law. The possibility of lawful implementation of space activities by non-governmental organizations (including private, commercial companies) is not excluded. However, the Outer Space Treaty of 1967 in Art. VI provides for the international responsibility of a state "for national activities in outer space, including the Moon and other celestial bodies, whether carried out by governmental authorities or non-governmental entities." According to this article, “the activities of non-governmental legal entities in outer space, including the Moon and other celestial bodies, must be carried out with the permission and under the constant supervision of the relevant State Party to the Treaty,” and states have an international responsibility to ensure that the activities of such entities are carried out in in accordance with the provisions contained in the Agreement. Thus, the activities of the private American company SpaceX in launching spacecraft, including (since 2012) in the interests of supporting the international space station, in the international legal sense, fall under the jurisdiction of the United States of America as a subject of international space law, and it is the United States that bears international responsibility -legal responsibility for this activity.

At the end of the 20th century. Some researchers expressed a point of view that was based on the concept of the “common heritage of mankind” reflected in the 1979 Moon Agreement, and which declared “humanity as a whole” as the subject of international space law. This position was not recognized as scientifically substantiated: firstly, humanity “as a whole” is not something united as a bearer of certain rights and obligations, and secondly, there are no other subjects public relations, in interaction with which the corresponding rights and obligations could be realized.

The objects of international space law (i.e., everything about which subjects of space law can enter into international legal relations) are: outer space, including the Moon and other celestial bodies; activities in the exploration and use of outer space, the results of such activities; space objects and their crews (cosmonauts). In some cases, it is also advisable to include ground-based components of space systems as objects of space law (for example, when they are used to launch certain artificial objects into space). Thus, the norms of international space law, on the one hand, are associated with the spatial sphere of activity of states, namely outer space. On the other hand, they are aimed at regulating space activities themselves. Moreover, such activity is not limited only to space, but can also take place on Earth (in cases where it is directly related to the launch, operation, return of space objects, and the use of the results of their work).

There are no treaty definitions of the concepts “outer space” and “space activities”. The issue of delimitation (altitude delimitation of air and outer space) has been considered for a long time by the UN Committee on Outer Space. State practice and legal doctrine confirm the established customary international legal norm, according to which the sovereignty of a state does not extend to the space above the orbit of the lowest perigee of an artificial Earth satellite (this altitude is approximately 100 - 110 km above sea level). The indicated “limit” is conditional and is due to the fact that at approximately this altitude not a single aerodynamic aircraft cannot carry out 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 with the atmosphere, could make more than one orbital revolution around the Earth. In other words, above this altitude no “traditional” aircraft can fly using its aerodynamic quality, and below this altitude any space object will inevitably fall to Earth.

As for the concept of space activity, it is customary to include both human activity in the direct exploration and use of outer space (including natural celestial bodies of extraterrestrial origin), and operations carried out on Earth in connection with the launch of space objects, their control and return to Earth .

Legal regime of outer space and celestial bodies

The basis for regulating international relations arising in connection with the exploration of outer space is the Outer Space Treaty of 1967. It establishes the most general international legal principles for the activities of states in the exploration and use of outer space (as of the end of 2012, more than 100 states are its parties ). The 1979 Moon Agreement develops and details the provisions of the 1967 Treaty regarding the legal regime of celestial bodies.

The legal regime of outer space is determined by general international law and is based on the classification of outer space as international territories. According to the Outer Space Treaty of 1967, outer space and celestial bodies are open to exploration and use by all states without any discrimination, on the basis of equality, with free access to all areas of celestial bodies. They are free for scientific research; such research is carried out for the benefit and in the interests of all countries and is the property of all mankind. Outer space and celestial bodies are not subject to national appropriation.

Activities in space must comply with general international law, including the UN Charter. In its implementation, states are obliged to take due account of the relevant interests of all other states, as well as to avoid pollution of outer space and celestial bodies.

The 1979 agreement declares the Moon and other celestial bodies and their resources to be the “common heritage of mankind.”

It is clarified that the ban on “national appropriation” of celestial bodies applies to their surface, subsoil and natural resources and applies not only to states, but also to international organizations, legal entities and individuals. The states parties to the Agreement committed themselves to establishing an international regime for the exploitation of the natural resources of the Moon when such exploitation becomes possible.

The agreement clarifies that the rules established in relation to the Moon (including those defining its demilitarized regime) also apply to the orbits of flight trajectories to and around the Moon. The agreement proclaims freedom of scientific research on the Moon for all states on the basis of equality and regulates in detail the procedure for carrying out such research. It should be noted, however, that the 1979 Moon Agreement did not receive widespread support (it was signed and ratified by only 12 member states). Leading spacefaring countries, including Russian Federation, do not participate in it.

Special meaning for the practical use of space has the orbital region of so-called geostationary satellites. This is a part of outer space, located at a distance of approximately 35,800 km from the Earth’s surface and located in the plane of the Earth’s equator (such a spatial “ring”, or more precisely, a torus, is also called a geostationary orbit or geostationary space).

Geostationary satellites have the most important feature: their period of revolution around the Earth is equal to an Earth day, which ensures a constant position of the satellite above a certain point on the Earth’s equator. At the same time, up to a third of the entire surface of the Earth is within sight of the satellite. This creates optimal conditions for some applied types of space activities (for example, for the use of communication satellites, television broadcasting, meteorological observation and etc.). As a result, more than half of all existing satellites are located in geostationary orbit. However, only a limited number of satellites can be placed in this space, since if they are located close to each other, the onboard radio-emitting equipment can create mutual interference. All this was the reason for the discussion regarding the legal regime of this part of outer space.

In 1976, a number of equatorial countries announced the extension of their sovereignty to the sections of the geostationary orbit corresponding to their territories. These claims were rejected by most states as contrary to the principle of prohibition of national appropriation of space. Later, these countries proposed to establish for geostationary orbit legal regime special kind. Some coordinating work on the economical use of geostationary space is carried out by the International Telecommunication Union (ITU). The ITU Constitution of 1992 defines that radio frequencies and the geostationary satellite orbit are limited natural resources that must be used rationally, efficiently and economically to ensure fair access to this orbit and frequencies among different countries, taking into account the circumstances geographical location some States and the special needs of developing countries. In order to rationally use the resource of the geostationary orbit and avoid mutual radio interference, within the framework of the ITU, coordination, allocation and registration of radio frequencies and orbital positions are carried out for geostationary satellites declared by various states. At the same time, in relation to the allocation of orbital positions, one cannot speak of the national assignment of the corresponding part of outer space.

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

International space law establishes a partially demilitarized regime for outer space and a fully demilitarized regime for the Moon and other celestial bodies. Thus, the Outer Space Treaty of 1967 prohibits placing into orbit around the Earth any objects with nuclear weapons or any other types of weapons of mass destruction, installing such weapons on celestial bodies and placing them in outer space in any other way. The 1963 Treaty Banning Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water obliges its parties not to carry out tests or any other nuclear explosions in outer space. Under the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications of 1977, its parties pledged not to resort to the use of environmental modifications in outer space that would have widespread, long-term or serious consequences.

According to the Outer Space Treaty, the Moon and other celestial bodies must be used by states exclusively for peaceful purposes. In addition to the ban on placing nuclear and other types of weapons of mass destruction on their surface and orbits, the creation of military bases, structures and fortifications on celestial bodies, the testing of any types of weapons, and the conduct of military maneuvers are prohibited. At the same time, it should be noted that satellites of the very for various purposes(missile attack alerts, information gathering, military communications, navigation, mapping, meteorology). Such satellites are not weapons, and their use helps maintain stability in international relations.

Restrictions on the military use of space allow us to speak about the gradually emerging international legal principle of using outer space for peaceful purposes. The peace initiatives of the Russian Federation regarding the prohibition of the use of force in space and the prohibition of the placement in outer space of weapons of any kind, including missile defense systems, are aimed at establishing this principle in space law.

Legal status of astronauts and space objects

In international legal documents, including all international agreements on the regulation of space activities, space objects mean any type of man-made technical devices intended for use in outer space (artificial Earth satellites, automatic and manned spacecraft and stations, launch vehicles, etc.) .d.). In contrast, space objects natural origin(for example, the Moon, planets) are covered by the concept of “celestial bodies”.

An important criterion for identifying a space object is its registration. On its basis, issues of jurisdiction and control over space objects, their nationality, liability for damage caused by them, etc. are resolved. Registration of launched space objects has been carried out at the UN since 1961. Later, a special international Convention on the Registration of Objects Launched into Outer Space, 1975 (hereinafter referred to as the Registration Convention) was concluded. According to the Convention, space objects are registered at the national level in a register maintained by each state involved in space activities, and on international level- in the register maintained by the UN Secretary General. In this case, the UN Secretary-General is provided with the following information about the space object entered in the state register: the name of the launching state, the registration number of the object, the date and place of launch, the parameters of its orbit, the general purpose of the space object. The information contained in the UN register is provided with full and open access to all states. In the case of a joint launch by several States, national registration is carried out by one of the launching States.

National registration of space objects entails certain consequences under international law. Thus, the Outer Space Treaty of 1967 establishes that the state in whose register a space object is entered retains jurisdiction and control over such an object while it is in outer space. In this case, ownership rights to the object “remain unaffected” while it is in outer space or upon returning to Earth (i.e., it belongs to the same state or person to which it belonged before the flight). A space object must be returned to the state in whose register it is entered if the object is discovered outside the territory of that state. Such return is carried out at the request of the authorities and at the expense of the state that carried out the launch.

While in outer space or on celestial bodies, cosmonauts from different states must provide each other with possible assistance. States have undertaken to inform the international community about phenomena they have identified in space that could pose a danger to the life or health of astronauts.

International cooperation in space exploration

The high cost of space projects, on the one hand, and the interest of all countries in the world in the practical results of space exploration, on the other hand, have determined the need for close cooperation between states in the field of astronautics. According to the Outer Space Treaty, in the exploration and use of outer space, its participants must be guided by the principle of cooperation and mutual assistance and carry out space activities with due regard to the respective interests of all other states. States are encouraged to facilitate and encourage cooperation in this area.

Cooperation in the exploration and use of outer space takes place in two main forms: within the framework of international organizations involved in space activities, and through joint international space projects and programs. Such cooperation is regulated by multilateral and bilateral international treaties.

Among the international organizations whose goals and objectives are directly related to space activities, one can mention the European Space Agency (ESA), the International Maritime Satellite Organization, the European Organization for the Use of Meteorological Satellites, the Arab Satellite Communications Corporation, etc. Certain issues of space cooperation are in the sphere of activities of specialized UN agencies, including the International Telecommunication Union, the World Meteorological Organization, the International Civil Aviation Organization, and the International Maritime Organization.

Joint international space projects and cooperation programs in the exploration and use of outer space cover a wide variety of areas of space activity. This is the creation of samples of space technology, joint manned flights, conducting scientific research, using the results of space activities, etc.

Most a shining example 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 USA, ESA member states, Canada and Japan in 1998. The international COSPAS-SARSAT program, designed to assist in the search and rescue of people, also deserves attention by providing satellite-derived distress data (and location) of ships or aircraft. The program participants are Canada, Russia, the USA and France, and the user can be any country.

Extensive international cooperation on space issues is carried out on the basis of bilateral agreements. Russia has such agreements with many states, in particular, on issues of launching space objects by Russian launch vehicles, as well as on the use of the Baikonur Cosmodrome (with Kazakhstan).

Liability in international space law

As noted above, the relevant states bear international legal responsibility for national space activities. This distinguishes issues of liability in space law from general international law, where states are not responsible for the actions of their legal entities and individuals unless such entities act on their behalf or on their behalf. At the same time, space activities are associated with high technical risk and, as a consequence, with the possibility of causing material damage to other states, their legal entities and individuals. Therefore, financial liability under international space law can occur regardless of the guilt (so-called absolute liability) of the launching state, but due only to the very fact of causing damage by a space object. Liability issues are regulated in detail by the sources of international space law - the 1967 Outer Space Treaty and the 1972 Liability for Damage Convention.

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

The Convention, when defining the concept of “launching state,” includes not only the state that carries out or organizes the launch of a space object, but also the state from whose territory or installations the launch is carried out. In the case where there are several launching States, they must be jointly and severally liable for any damage caused. In turn, formally, to determine which state is the “launching” in each case, one should refer to the Registration Convention of 1975, which clarifies that the launching state is the state in whose register the corresponding space object is entered (“state of registration” "). The concept of damage includes deprivation of life, damage to health, destruction or damage to property of states, international organizations, legal entities and individuals.

The Convention specifies that the launching State is absolutely responsible for paying compensation for damage caused by its space object on the surface of the Earth or to an aircraft in flight. Moreover, the Convention does not establish an upper limit on the compensation paid, which is typical for absolute liability in other branches of international law. Derogation from the principle of absolute liability is allowed by the Convention in the event that a space object of one state is damaged by a space object of another state while they are outside the surface of the Earth. In this case, liability is based on the principle of fault.

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

Secondly, the active involvement of non-state organizations in space activities (organizing the launch of space objects, conducting activities in so-called space tourism, etc.) inevitably raises the question of further clarification of the scope of responsibility of states as subjects of public international law for space activities, the source of which is the territory of the relevant states, as well as the exercise of effective jurisdiction of such states in relation to space objects (structures, platforms, orbital stations, artificial Earth satellites) owned by private companies and actually operated by them.

Finally, it is possible that the start of direct exploitation of the natural resources of the Moon and other celestial bodies (for example, asteroids and other small planets whose trajectories pass in close proximity to the Earth’s orbit) will require more stringent control over compliance with the legal regime of the Moon and other celestial bodies, de - legally enshrined in the 1979 Moon Agreement, but de facto not binding for most spacefaring nations not participating in this Agreement.

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

PROBLEMS OF INTERNATIONAL LEGAL REGULATION OF USE

OUTER SPACE

D. K. Gurbanova Scientific supervisor - V. V. Safronov

Siberian State Aerospace University named after Academician M. F. Reshetnev

Russian Federation, 660037, Krasnoyarsk, ave. them. gas. "Krasnoyarsk worker", 31

Email: [email protected]

The article is devoted to the regulatory aspects of regulation and use outer space, and also rights relating to space activities.

Key words: outer space, international legal regulation, space activities, law.

THE PROBLEM OF INTERNATIONAL LEGAL REGULATION OF THE USE OF SPACE

D. K. Gurbanova Scientific supervisor - V. V. Safronov

Reshetnev Siberian State Aerospace University 31, Krasnoyarsky Rabochy Av., Krasnoyarsk, 660037, Russian Federation E-mail: [email protected]

Article is devoted to legal aspects of the regulation and use of outer space, as well as rights relating to space activities.

Keywords: outer space, international legal regulation, space activity, law.

Outer space is the space located outside of airspace (i.e., at an altitude of over 100 km).

The legal regime of outer space lies, first of all, in the fact that it is withdrawn from circulation and is not in common property; the sovereignty of any state does not extend to this territory. Outer space is not subject to national appropriation (Article II of the Outer Space Treaty).

Outer space is open to exploration by all states; The exploration and use of outer space is carried out for the benefit and in the interests of all countries, regardless of the degree of their economic or scientific development, and is the property of all mankind. States must conduct space activities in accordance with their obligations under international law, including obligations under the UN Charter.

Space activities are activities in outer space, as well as activities on Earth associated with activities in outer space. The main types of space activities: remote sensing of the Earth, direct television broadcasting from space, the creation of new technologies, the creation of orbital stations and deep space exploration, space geology, meteorology, navigation, commercial activities in space. The freedoms of space are exercised subject to strict adherence to the restrictions established by the 1967 Outer Space Treaty.

By the end of the twentieth century, the scale of international cooperation in the field of space exploration increased sharply, and rapid commercialization of space activities began. Therefore, at present, international legal relations in the field of use and exploration of outer space are regulated by international space law (hereinafter referred to as ISL). The main sources of the ICL are, first of all, a number of resolutions of the UN General Assembly (1963, 1982, 1986, 1992, 1996), international treaties and other documents. In addition, there are a large number of bilateral and multilateral agreements governing international

Current problems of aviation and astronautics - 2015. Volume 2

aspects of cooperation in space. However, there are still a number of uncertainties and gaps within the framework of international space law, namely the uncertainty of the legal status of space tourists, the problem of determining the status of the geostationary orbit, the problem of mining in space, the problem of coordinating space activities by international organizations, etc.

Currently, there is a rapid formation of demand for space tourism services. In the 1960s and 1970s, when the main provisions of space law were being developed, for obvious reasons, not much thought was given to tourism. Until today, there is no international legal distinction between professional astronauts and tourists. All of them are given the honorary status of envoys of humanity into space, and the Agreement on the Rescue of Astronauts applies to both professional astronauts and tourist astronauts.

The legal status of space tourists needs serious study in various aspects. Today, “blank spots” in the law remain issues related to the division of responsibility between the tourist, the tour operator and the provider of the corresponding service, guaranteeing the safety of space tourists, selection criteria, features of pre-flight preparation, and the like. These questions also extend to a broader context related to the place and role of the state in ensuring such activities and monitoring their implementation.

The norms of international law should provide only some general provisions that would, in particular, legalize the presence of the corresponding category of persons, provide a definition of space tourists and general features of the legal regime of their activities. The extent to which the norms of international transport (aviation) law apply to persons who carry out suborbital travel into outer space also needs to be clarified.

The next problem is the settlement of certain issues regarding the geostationary orbit (hereinafter referred to as GSO). It refers to a circular orbit at an altitude of about 35,786 km. above the Earth's equator.

GSO requires consideration of three points. Firstly, a satellite located in GEO constantly remains motionless relative to a certain point on the earth’s equator (as if hovering above the earth’s surface); secondly, this phenomenon is useful for placing communication satellites on the GEO and, in particular, satellites of direct television broadcasting systems; thirdly, in geostationary space it is possible to place only limited quantity satellites, because if they are too close to each other, their radio equipment will interfere with each other.

The problem is that the number of positions for simultaneous and efficient operation of satellites in geostationary orbit is limited (limited). There are currently about 650 satellites in this orbit. different countries. But the need for this is increasing every day.

The international legal status of the geostationary orbit has not been determined in a special manner today. This status follows from the general provisions of the Outer Space Treaty, the Moon Agreement and some other international legal acts. In accordance with these acts, the geostationary orbit is part of outer space and is subject to the rules and principles of international law relating to this space. A more detailed regulation of the status of the geostationary orbit is needed.

Today, the problem of mining in space has also become relevant. So in April 2012, the American company Planetary Resources, supported by the founders of Google and the famous film director James Cameron, as well as a number of other Western businessmen and public figures, announced that it would search for minerals, but it would do this not on Earth, but in space, in particular on asteroids. However, the legal regulation of mining in space remains ambiguous. The Outer Space Treaty, adopted by the UN in 1967, does not prohibit resource extraction in space, as long as the mining station does not represent a de facto “capture” of part of outer space. However, the text of the Treaty does not mention who can own resources obtained in space.

Agreement on the Activities of States on the Moon and Other Celestial Bodies; adopted by the UN in 1984, partially clarified the rights to conduct mining activities in space: “The Moon and its natural resources are the common heritage of mankind,” “the use of the Moon should be for the benefit and in the interests of all countries.”

In addition, it should be noted that with all the diversity of bodies and organizations currently involved in international space cooperation, one cannot help but see gaps regarding its coordination on a global scale. In this regard, proposals expressed in the literature about the advisability of creating a World Health Organization seem justified. space organization similar to the International Atomic Energy Agency, which has long and successfully dealt with all aspects of issues related to international cooperation in terms of the peaceful uses of nuclear energy. Such an organization, by its legal status, should be more closely connected with the bodies of the Organization than other specialized UN agencies. Such a solution to the issue would contribute to the expansion of international cooperation in the space sector and the harmonization of the practice of applying international space law

1. Pisarevsky E. L. Legal basis space tourism // Tourism: law and economics. M.: Lawyer, 2006. No. 2. P. 9-14.

2. Vylegzhanin A., Yuzbashyan M. Space in the international legal aspect [Electronic resource]. URL: http://www.intertrends.ru/twenty-seventh/04.htm (access date: 03/16/2015).

3. A company has been created in the USA to extract minerals in space [Electronic resource]. URL: http://www.cybersecurity.ru/space/149345.html (access date: 03/16/2015).

4. Monserat F. Kh. Legal aspects of commercial activities in space // Status, application and progressive development of international and national space law. Kyiv, 2007. P.201-202.

Since ancient times, space has attracted human attention with its magical mystery. For centuries it has been the subject of scientific study. And noticeable results have been achieved in this.

But the era of practical space exploration actually began in the mid-50s of the twentieth century. The launch of the first artificial Earth satellite in the USSR on October 4, 1957, the first orbital flight of the Soviet cosmonaut Yu. Gagarin around the Earth (April 12, 1961) and the first landing of the crew of the American orbital ship Apollo on the Moon (July 1969) had a stimulating role in this. G.).

After this, the scope of exploration and use of outer space began to expand rapidly. The number of space states and other subjects of space activities has increased, the scope of this activity has expanded, in addition to artificial satellites in space, international space stations and other, more advanced means of exploring and using outer space have appeared. To date, more than 500 people - men and women - have already been in space.

As man penetrates into space and expands the scope of exploration and use of outer space, a practical need arose both for international legal regulation of relevant social relations and for the development of international space cooperation. Already on December 20, 1961, the UN General Assembly adopted a Resolution on multilateral cooperation of states in the exploration and use of outer space. It formulated two important principles: a) international law, including the UN Charter, applies to outer space and celestial bodies; b) outer space and celestial bodies are free for exploration and use by all states in accordance with international law and are not subject to national appropriation. This Resolution became the starting point in the development of international space law.

Currently, international space law is understood as a branch of international law, which is a set of principles and norms that define the legal regime of outer space and celestial bodies, as well as regulating relations between subjects of international law in the field of space activities.

In its broadest sense, the general object of this right is space, i.e. Universe. At the same time, near space is distinguished, explored with the help of artificial Earth satellites, spacecraft and interplanetary stations, and deep space- the world of stars and galaxies.

More specific objects of international space law are: a) outer space; b) celestial bodies; c) space activities of subjects of international law; d) space objects; e) crews of artificial Earth satellites, other spacecraft and stations.

Outer space refers to the space beyond the Earth's atmosphere. The latter is the air shell of the planet, filled various gases(nitrogen, oxygen, argon, oxygen gas, helium, etc.). Their density decreases with distance from the Earth, and at an altitude of more than 800 km earth's atmosphere gradually moves into outer (interplanetary) space.

Celestial bodies as objects of international space law include primarily the Earth and other planets of the solar system, their satellites, in particular the Moon, comets, asteroids, meteorites, etc. Other galaxies are also of scientific interest.

Cosmic bodies are located in outer space and are closely connected with it. As man penetrates into the depths of space, more and more cosmic bodies are discovered that are of not only scientific, but also practical interest. At the same time, the volume of outer space that falls within the scope of international space law is expanding.

A new milestone in the exploration of the solar system was set at the end of 2004 by the European Space Agency. The special probe he launched after a seven-year flight aboard the Cassini station reached the surface of Titan - largest satellite Saturn. Titan became the most distant celestial body from Earth on which it was possible to land a spacecraft and obtain the necessary information about it, and, consequently, the object of international space law.

Space activity as an object of international space law is directly related to the human factor. It is diverse in its manifestations, but in a concentrated form it is expressed through the formula of international space law - “the exploration and use of outer space and celestial bodies.” Regulating related relations is the main task of international space law.

Space activities are carried out both in space and on Earth. The “terrestrial” part is associated with the launch of spacecraft, ensuring their functioning, returning to Earth, processing and using the results of space launches.

The movement of artificial satellites and space stations, scientific space experiments, remote sensing of the Earth, satellite telecommunications, and other types of use of outer space are carried out in space.

An independent group of objects of international space law consists of “space objects”. These are technical devices created by man, designed for the exploration and use of outer space and located in this space or on celestial bodies. These include launch vehicles, artificial earth satellites, spacecraft, stations, etc. In contrast, “celestial bodies” have a natural origin, which is associated with the peculiarities of the legal status of these groups of objects.

The direct objects of space activities are the crews of artificial Earth satellites, other spacecraft and stations.

Initially, the subjects of international space law were almost exclusively states. By the beginning of the 21st century. The process of commercialization of space activities has actively begun to unfold, the essence of which is associated with the acquisition, sale or exchange of space goods and services. In this regard, there has been a significant expansion of the circle of non-state actors in space activities. Nowadays, most major international space projects are either carried out by private companies or are of a mixed nature. Thus, the subjects of international space law currently include states, international organizations (state and non-state), private legal entities and individuals.

Various activities in the exploration and use of space are now regulated by various acts of international space law. These acts constitute a system of sources of the corresponding legal community. Of key importance among them are five international multilateral treaties adopted under the auspices of the UN in the 60-70s. XX century These include: Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (adopted on December 19, 1966, entered into force on October 10, 1967); Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (adopted December 19, 1967, entered into force December 3, 1968); Convention on International Liability for Damage Caused by Space Objects (adopted November 29, 1971, entered into force September 1, 1972); Convention on the Registration of Objects Launched into Outer Space (adopted November 12, 1974, entered into force September 15, 1976); Agreement on the Activities of States on the Moon and Other Celestial Bodies (adopted December 5, 1979, entered into force July 11, 1984). These acts form the basis of the world legal order in the field of exploration and use of outer space.

The most universal of them is the Treaty on the Principles of the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (hereinafter referred to as the Outer Space Treaty). By signing this Treaty, the States Parties agreed that they would carry out activities for the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in order to maintain international peace and security, development of international cooperation and mutual understanding (Article 3). They also fixed in this Treaty other basic international legal principles for the activities of states in the exploration and use of outer space for peaceful purposes.

The Outer Space Treaty established a general framework for the development of space law. They were specified in the four other agreements and conventions mentioned above relating to certain areas of space activity.

In 1989, the European Convention on Transfrontier Television was adopted, and in the 90s. A number of multilateral agreements of a scientific and technical nature have emerged relating to international space projects and programs. The Cape Town Convention on International Interests in Mobile Equipment, opened for signature in 2001, is also related to space objects.

But these resolutions belong to the category of so-called soft law and have a significant impact on the formation of binding norms of international law. These, in particular, include the Resolution of the UN General Assembly, which approved the Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space (Resolution 1962 (XVIII). This Declaration formed the basis of the Outer Space Treaty.

Among other resolutions of the UN General Assembly related to space issues, noteworthy are those that approved: Principles for the use by states of artificial Earth satellites for international direct television broadcasting (Resolution 37/92, adopted on December 10, 1982); Principles Relating to Remote Sensing of the Earth from Outer Space (Resolution 41/65, adopted December 3, 1986); Principles Relating to the Use of Nuclear Power Sources in Outer Space (Resolution 47/68, adopted on 14 December 1992).

In December 1996, the UN General Assembly adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and Interest of All States, with Special Consideration to the Needs of Developing Countries (Resolution 51/122).

Acts of international organizations. In the European context, these are acts of the European Space Agency, the European Union, the Commission of the European Communities, etc. These acts, in particular, include: Decision of the European Parliament on the report of the Commission European Union on the issue “Europe and Space: the beginning of a new chapter” (January 17, 2002); Decision of the Council of the European Union “On the development of a pan-European space policy” (May 13, 2003); Framework Agreement between the European Community and the European Space Agency (2003), etc.

The last of these Agreements has two important goals:

a) creation of a joint basis and tools for mutually beneficial cooperation between two integration associations;
b) progressive development of European space policy through the formation of a system of requests for space services and technologies through the joint efforts of the European Community and the European Space Agency. Specific areas of cooperation have been identified: scientific research; technologies; monitoring the Earth from space; navigation; implementation of satellite communications; human space flights; radio frequency spectrum policy, etc.

A separate group consists of the constituent acts of international organizations engaged in space activities: the Convention establishing the European Space Research Organization (1962); Convention establishing the European Space Agency (1975), etc.

Within the Commonwealth Independent States in force: Agreement on joint activities in the exploration and use of outer space (1991); Agreement on Missile Warning and Space Control Systems (1992); Agreement on the creation of a common scientific and technological space of the CIS member states (1995), etc.

In accordance with the first of these agreements, joint space activities are carried out by the participating states on the basis of interstate programs. The implementation of these programs is coordinated by the International Space Council. The participating states also pledged to carry out their activities in the exploration and use of outer space in accordance with current international legal norms and to coordinate their efforts in this area.

International legal regime of outer space and celestial bodies

This regime is mainly determined by the Outer Space Treaty and the Agreement concerning the Activities of States on the Moon and Other Celestial Bodies (hereinafter referred to as the Moon Agreement). The first of these acts established that outer space, including the Moon and other celestial bodies, “is not subject to national appropriation, either by declaring sovereignty over them, or by use or occupation, or by any other means” (Article 2).

Outer space, including the Moon and other celestial bodies, is free for scientific research. The exploration and use of outer space, including the Moon and other celestial bodies, is carried out for the benefit and in the interests of all countries, regardless of the degree of their economic and scientific development, and is the property of all humanity (Article 1).

The States Parties to the Treaty carry out activities for the exploration and use of outer space in accordance with international law, including the UN Charter, in the interests of maintaining international peace and security, developing international cooperation and mutual understanding (Article 3).

The Treaty prohibits placing into orbit around the Earth any objects with nuclear weapons or any other types of weapons of mass destruction, installing such weapons on celestial bodies, or placing them in outer space in any other way.

The Moon and other celestial bodies are used by all States Parties to the Treaty exclusively for peaceful purposes. The creation of military bases, structures and fortifications on celestial bodies, the testing of any types of weapons and the conduct of military maneuvers are prohibited (Article 4).

The Moon Agreement develops and specifies the provisions of the Outer Space Treaty regarding the legal regime of the Moon and other celestial bodies. It, in particular, declares the Moon and its natural resources to be the “common heritage of mankind” (Article 11), and the exploration and use of the Moon to be “the property of all mankind” (Article 4).

For the purpose of exploring and using the Moon, member states may: a) land their space objects on the Moon and launch them from the Moon; b) place its personnel, spacecraft, equipment, installations, stations and structures anywhere on the surface of the Moon or its interior; c) create inhabited and uninhabited stations on the Moon. The actions of participating States must not interfere with activities carried out on the Moon by other participating States.

The participating States also agreed to establish an international regime to regulate the exploitation of the natural resources of the Moon when it is apparent that such exploitation will become possible in the near future. This regime involves: a) streamlining and safe development of the natural resources of the Moon; b) rational regulation of these resources; c) expanding opportunities to use appropriate resources; d) equitable distribution among all participating States of the benefits obtained from these resources, with special regard to the interests and needs of developing countries, as well as the efforts of those countries that directly or indirectly contributed to the exploration of the Moon (Article 11).

Currently, private firms have appeared that have organized a business for selling areas of the lunar surface with the issuance of appropriate certificates. Such activity is not legal.

According to the Moon Agreement, the surface or subsoil of the Moon, as well as areas of its surface, subsoil or natural resources where they exist, cannot be the property of any state, international intergovernmental or non-governmental organization, national organization or non-governmental agency, and any individual. The placement on the surface of the Moon or in its depths of personnel, spacecraft, equipment, installations, stations and structures does not create ownership rights to the surface and depths of the Moon or their areas (Article 11).

The provisions of the Agreement on the activities of states on the Moon and other celestial bodies relating directly to the Moon also apply to other celestial bodies of the Solar System (Article 1). The exception is when special international legal acts apply to other celestial bodies.

The outer space regime established by international space law differs significantly from the international legal regime of airspace. But the border between these spaces is currently not established either in international law or in national legislation. This carries with it the danger of conflict situations when a space object flies through the airspace of another state for the purpose of entering orbit or landing.

In these conditions, the usual norm established in practice is applied, limiting the sovereignty of the state to airspace below the minimum orbits of artificial Earth satellites. We are talking about orbits of the order of 100 + 10 km above sea level. The space above these orbits is considered cosmic and is not subject to the sovereignty of any state.

Legal status of space objects

This status is determined both by the norms of international law and national space legislation. In the international aspect, legal relations associated with the launch of a space object into space and its return to Earth are of particular importance.

The starting point in these legal relations is the requirement of international law for mandatory registration by the state of launched space objects.

In accordance with the Convention on the Registration of Objects Launched into Outer Space, the launching state (i.e. the state that carries out or organizes the launch of a space object, or the state from whose territory or installations a space object is launched) is required to register these objects in a special national register. When there are two or more launching States with respect to any such space object, they shall jointly determine which of them will register the relevant object (Article 2).

Data from the national register are submitted “as soon as practicable” to the UN Secretary-General for inclusion in the international register. This data must contain the following information: the name of the launching State or States; the corresponding designation of the space object or its registration number; date and territory (place) of launch; basic orbital parameters (orbital period, inclination, apogee, perigee, etc.); general purpose of a space object. The launching State also provides information about space objects that, having been launched into orbit around the Earth, are no longer in that orbit (Article 4).

A number of norms concerning the legal status of space objects are also contained in the Outer Space Treaty. It, in particular, notes that the State Party in whose register a space object launched into outer space is entered retains jurisdiction and control over such an object while it is in outer space, including on a celestial body. Ownership rights to space objects launched into outer space, including objects delivered or constructed on a celestial body, and their component parts remain unaffected while in outer space, on a celestial body or upon return to Earth. Such objects or their components found outside the State Party in whose register they are entered must be returned to that State. In this case, such a state must, upon appropriate request, provide information about it before the return of the space object.

Each State Party that launches or arranges for the launch of an object into outer space, including the Moon and other celestial bodies, as well as each State Party from whose territory or installations a space object was launched, shall bear international responsibility for damage caused by such objects or their constituent parts on Earth, in air or outer space, including the Moon and other celestial bodies, to another State Party, its natural or legal persons (Article 7).

International legal regime of the geostationary orbit

An integral part of outer space, subject to international law, are the orbits of artificial satellites and other spacecraft. Of particular importance among them is the geostationary orbit (from the Greek γ? - “earth” and the Latin stationarius - “immovable”). It refers to a circular orbit at an altitude of about 36 thousand km above the Earth's equator.

The peculiarity of this orbit is that the satellites placed on it are in a constant position above a certain point on the earth's equator. Moreover, each of them can cover a third of the Earth’s surface area with radio emissions. This is of great importance for the development of such applied types of space activities as satellite communications, communications for navigation purposes, Earth remote sensing, monitoring environment and some others.

The problem, however, is that the number of positions for simultaneous and efficient operation of satellites in geostationary orbit is limited.

Now there are about 650 satellites from different countries in this orbit (the first American satellite into this orbit was launched in 1964).

The need for this, however, is increasing. In this regard, there are problems relating to the fair distribution of the frequency-orbital resource of the geostationary orbit, access to this orbit, its rational and effective use, etc.

The international legal status of the geostationary orbit has not been determined in a special manner today. This status follows from the general provisions of the Outer Space Treaty, the Moon Agreement and some other international legal acts. In accordance with these acts, the geostationary orbit is part of outer space, and it is subject to the rules and principles of international law relating to this space.

The features of this orbit and issues related to the distribution of its radio frequency spectrum are reflected in the Charter of the International Telecommunication Union (1992). It notes, in particular, that the geostationary orbit is a “limited natural resource” (Article 44). The use of its frequency spectrum should be open to all countries, regardless of their technical capabilities and geographical location.

To ensure the interests of all countries, fair and rational use of geostationary orbit resources, a special procedure has been established within the framework of the International Telecommunication Union. It involves a gradual increase in the “load” of the orbit, taking into account the actual needs of states and the development of international plans for the use of orbital frequencies. These plans provide for the assignment to a particular state of at least one position in geostationary orbit and a corresponding coverage area on Earth.

The international coordination procedure also includes the “first in, first out” method, i.e. preliminary publication of data on a specific satellite system, as well as registration of allocated frequencies in a special Master Frequency Register of the International Telecommunication Union.

After the allocation of a certain position in the geostationary orbit, orbital resources are used by the state in the person of its national communications authorities. The latter transfer the corresponding orbital resources for use to other legal entities operating in the territory of the corresponding country.

In any case, the geostationary orbit as part of outer space cannot be appropriated by anyone.

In this regard, the claims of some equatorial states to the corresponding sections of the geostationary orbit seem unfounded. Such claims were formulated in 1976, in particular, by a number of equatorial countries in a declaration signed in Bogota (Colombia). The same Colombia, in addition, has recorded its right to part of this orbit, as well as to “the electromagnetic spectrum and the place in which it operates” in its Constitution.

This approach contradicts the norms and principles of international space law. The geostationary orbit can and should be used on the general principles of international space cooperation.

Legal status of astronauts

An astronaut is a person who has participated or is participating in a space flight as a commander of a spacecraft or a member of its crew. In the USA, astronauts are called astronauts. Cosmonauts perform tasks to explore and use outer space both during space flight and when landing on celestial bodies.

The legal status of cosmonauts (spaceship crew members) is determined by the Outer Space Treaty, the Agreement on the Rescue of Cosmonauts, the Return of Cosmonauts and the Return of Objects Launched into Outer Space (hereinafter referred to as the Agreement on the Rescue of Cosmonauts), as well as national space legislation.

In accordance with these acts, astronauts are “envoys of humanity into space.” But they do not have supranational status. Cosmonauts are citizens of a particular state. As noted in the Outer Space Treaty, the state on whose registry an object launched into outer space is entered retains jurisdiction and control over the crew of this object while it is in that space or on any celestial body (Article 8).

The existing system of international principles and norms relating to military and nuclear security has made it possible to avoid “space wars” and serious nuclear incidents in outer space. But corresponding threats remain. It is no coincidence that since 1982, the UN General Assembly has annually adopted resolutions on the prevention of an arms race in outer space.

However, not all states respect these resolutions.

In 2006, for example, a government document called the “National Space Policy” was published in the United States, which unilaterally declared space a zone of American national interests. The document, in particular, notes that “the United States will hinder the development of new legal regimes and other restrictions that are aimed at prohibiting or limiting US access to the use of space. Proposed arms control or limitation agreements must not diminish the right of the United States to conduct research, development, testing and other operations or activities in space in the national interest of the United States."

Conventional weapons now also have enormous destructive potential. In this regard, it seems reasonable to raise the issue of prohibiting, at the international legal level, the placement of weapons of any kind in outer space and the use of this space for military purposes. Space should not become a zone for forceful resolution of political conflicts of earthly origin.

Remote sensing of the Earth

It refers to the observation of the Earth's surface from space in the optical and radar ranges in the interests of agriculture and forestry, hydrometeorology, prevention natural Disasters, rational environmental management, environmental protection, etc. It is carried out in the process of relevant practical activities, which consists of the use of space remote sensing systems, stations for receiving and accumulating primary data, processing, generalization and dissemination of relevant information.

The fundamental principles of relevant activities are reflected in the UN General Assembly resolution “Principles relating to remote sensing of the Earth from outer space” (1986). These principles are formulated in the context of the Outer Space Treaty. In accordance with Principle IV, Earth remote sensing activities provide that the exploration and use of outer space shall be carried out for the benefit and interest of all countries on the basis of equality and respect for the principle of full and permanent sovereignty over their wealth and natural resources. These activities must be carried out in such a way as not to prejudice the legitimate rights and interests of the probed state.

Several principles address international cooperation in the field of remote sensing. This means, in particular, that sensing States provide other States with the opportunity to participate in remote sensing activities on fair and mutually agreed terms.

Sensing States provide technical assistance to other interested States, in particular with regard to the establishment and use of stations for the reception, processing and synthesis of relevant information from artificial satellites (Principles V-VII).

The principle of access of all states participating in remote sensing to relevant information “on a non-discriminatory basis and on reasonable payment terms” (Principle XII) is separately established.

It is also envisaged that the UN and its relevant bodies and agencies shall promote international cooperation in this area, including technical assistance and coordination of Earth remote sensing activities (principles VIII-IX).

Use of artificial satellites for international television broadcasting

This type of space activity has now become widely developed, since it is of interest to almost the entire population of the Earth. The international legal aspect of this activity is determined by the need for its compatibility with the sovereign rights of states, including the principle of non-interference, as well as with the right of every individual and legal entity to seek, receive and disseminate television information. Such activities should contribute to the free dissemination of knowledge in the field of science, culture, education, economic and social development, strengthening mutual understanding and cooperation between all states and peoples.

The basic international principles for carrying out this activity are enshrined in the UN General Assembly resolution “Principles for the use by states of artificial Earth satellites for international direct television broadcasting” (1982). According to this Resolution, activities in the field of international television broadcasting using artificial satellites must be carried out in accordance with international law, including the UN Charter, the Outer Space Treaty, the International Telecommunication Convention and the Telecommunication Regulations approved by it. The international legal regime of the geostationary orbit, which primarily hosts artificial satellites for radio and television communications with the Earth, must also be respected.

Also of key importance, reflected in the Resolution, is the equal right of states to carry out activities in the field of international direct television broadcasting by satellite and to authorize the implementation of such activities by persons and organizations under their jurisdiction. Access to technologies in this area should be open to all states without discrimination on terms mutually agreed upon by all interested parties.

The resolution also proceeds from the fact that activities in the field of international direct television broadcasting via satellite should be based on international cooperation of the relevant states. States and international intergovernmental organizations bear international responsibility for activities in the field of international direct television broadcasting by satellite. With regard to the unavoidable overflow of a signal emitted from a satellite, only the relevant documents of the International Telecommunication Union apply.

In order to promote international cooperation in the exploration and use of outer space for peaceful purposes, States conducting or authorizing activities in the field of international direct television broadcasting by satellite should, to the maximum extent possible, inform Secretary General UN on the scope and nature of such activities.

Intellectual property rights in international space projects

It follows from this article that in the sphere of responsibility under international space law, the principle of international responsibility of the state for all national space activities applies, regardless of which specific entities carry them out. This this type responsibility differs from other types of international responsibility, based on the general premise that states are not responsible for the actions of their legal entities and individuals unless they act on behalf of or on behalf of the state concerned.

The relevant issues are regulated in more detail by the Convention on International Liability for Damage Caused by Space Objects (1972). This Convention establishes that the launching state bears absolute responsibility for damage caused by its space object on the surface of the Earth or to an aircraft in flight (Article II). Such liability may occur regardless of the guilt of the launching state, but due to the very fact of damage to the space object of the relevant state.

Damage in this case means deprivation of life, bodily injury or other damage to health, destruction or damage to the property of states, individuals or legal entities, as well as the property of an intergovernmental organization.

If, at any place other than the surface of the Earth, damage is caused to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, the latter shall be liable only if the damage was caused through its fault or through the fault of persons for which it is responsible (exception to the principle of absolute responsibility).

If, at any place other than the surface of the Earth, damage is caused to a space object of one launching State or to persons or property on board such an object by a space object of another launching State and thereby damage is caused to a third State or its individuals or legal entities, then the first two States shall be jointly and severally liable to that third State within the following limits: a) if damage is caused to a third State on the surface of the Earth or to an aircraft in flight, then their liability to the third State is absolute; b) if damage is caused to a space object of a third state or to persons or property on board such a space object in any place other than the surface of the Earth, then their liability to the third state is determined on the basis of the fault of any of the first two states or on the basis of the fault of the persons for whom they are responsible any of these two states.

If two or more states jointly launch a space object, they are jointly and severally liable for any damage caused (Article V).

The Convention provides for cases of exemption from absolute liability. This may occur when the launching State proves that the damage resulted in whole or in part from gross negligence or an act or omission committed with intent to cause damage on the part of the claimant State or the persons or entities it represents (Article VI).

The provisions of the Convention do not apply to cases of damage caused by a space object of the launching State: a) to citizens of the relevant State; b) to foreign nationals while they are participating in operations related to that space object from the time of its launch or at any subsequent stage up to its descent, or while they are, at the invitation of that launching State, in the immediate vicinity of area of the planned launch or return of the object (Article VII).

The initial document by which an injured State can bring a claim for damages against the launching State is a claim for damages. It is usually presented through diplomatic channels within a year from the date of damage. If the issue cannot be resolved voluntarily, a special Commission is created to review the claim. The Convention regulates in detail the procedural order of the formation and activities of this Commission (Article XIV-XX).

The decisions of the Commission are final and binding if agreed upon between the parties.

Otherwise, the Commission makes a decision of a recommendatory nature. The matter may further be brought by the complaining party to a court or administrative tribunal of the launching State. This is done by way of claim proceedings.

Some issues of liability in the area under consideration are at the intersection of international public and private law.

A typical example of this is the Convention on International Interests in Mobile Equipment.

In this case, mobile equipment refers to property that, due to its specific nature, regularly moves across state borders. These can be railway rolling stock, airplanes, helicopters, etc. Such equipment also includes objects of space activities, namely: a) any separately identified object located in space or intended to be launched and placed in outer space, as well as returned from space; b) any separate component that is part of such an object or installed on or located within such object; c) any individual object assembled or manufactured in space; d) any single-use or reusable launch vehicle for delivering people and equipment into space and returning them from space.

In relation to this equipment, under the auspices of the International Institute for the Unification of Private Law (UNIDROIT), a draft special Protocol to the Convention has been developed. It is now at the approval stage for signing.

The Convention envisages the establishment of a special international property legal regime in relation to space objects located outside the jurisdiction of states. This regime is aimed at ensuring the fulfillment of obligations related to space assets. It is expressed in the provision of an international guarantee to the mortgagor or a person who is a potential seller under a conditional sale agreement with reservation of title, or a person who is a lessor under a leasing agreement.

In accordance with Art. 2 of the Convention, such a guarantee includes: a) a classic security interest (mortgage) - under an agreement to secure the performance of obligations; b) the right of a potential seller in a retention of title transaction - under a conditional sale and purchase agreement with reservation of title; c) the right of the lessor - in a leasing transaction.

An international guarantee is subject to mandatory registration in a special International Register. It is also planned to create a system of control and supervision over the implementation of international guarantees.

The regime established by the Convention on International Interests in Mobile Equipment can reduce the financial risks of transactions related to space assets, as well as the cost of space-related services for end users.

A special permanent body in the UN system entrusted with the functions of organizing international space cooperation is the UN Committee on the Peaceful Uses of Outer Space (hereinafter referred to as the UN Committee on Outer Space). It was created in accordance with the resolution of December 12, 1959 of the UN General Assembly “International cooperation in the field of peaceful uses of outer space.” Its members are now about 70 states, including the Russian Federation.

The UN Committee on Outer Space is authorized to: maintain relations with UN member states, as well as governmental and non-governmental organizations on issues of exploration and use of outer space; ensure the exchange of space information; promote international space cooperation; prepare and present to the UN General Assembly an annual report and other materials with proposals for solving current problems in the exploration and use of outer space.

Since 1962, the Scientific, Technical and Legal Subcommittees began their work in Geneva as part of the UN Committee on Outer Space. The latter is developing legal aspects of regulating relations in the field of exploration and use of outer space. He makes his decisions on the basis of consensus.

Technical and information services for the UN Committee on Outer Space and its subcommittees are entrusted to the UN Office for Outer Space Affairs. Its headquarters are in Vienna.

Certain issues of space cooperation are within the scope of activities of such universal international organizations as the International Telecommunication Union, the World Meteorological Organization, International organization civil aviation, Food and Agriculture Organization of the United Nations, UNESCO, International Maritime Organization, World organization intellectual property and some others.

Of the regional structures, the most active is the European Space Agency (ESA). It was created in Paris in May 1975 by the European member states of the European Space Conference: Belgium, Great Britain, Denmark, Italy, Spain, the Netherlands, France, Germany, Switzerland and Sweden. Subsequently, some other European states (Austria, Ireland, Norway, Finland) joined them.

The main objectives of ESA are to assist in organizing international space cooperation between European countries, to create and practical use space technology and technology, development of long-term space policy of member countries, coordination of national space programs and their integration into a single European space plan, etc.

In accordance with the Convention establishing the ESA, its governing body is the Council, consisting of representatives of the member states. It convenes for meetings once a quarter. Decisions are made by vote or consensus depending on the importance of the issue. The Council considers all major issues of the Agency's activities, including approving its mandatory or optional activity programs.

The Council appoints the Director General of ESA, heads of structural production and scientific divisions, as well as directors of major programs. They are accountable for their work to both the Director and the ESA Council.

International cooperation within the framework of specific bilateral or multilateral space scientific and technological projects and programs is also essential. One of the first such programs was the space cooperation program of socialist states within the framework of Intercosmos (late 60s). In 1975, the project of docking the Soviet spacecraft Soyuz-19 and the American Apollo was carried out, and in 1981, for the first time, direct cooperation was established under the program of joint study of Halley’s comet between the European Space Agency, Intercosmos, the Japan Institute of Space and Astronautics, as well as NASA.

Currently, the most famous multilateral space projects are the long-term International Space Station program and the Sea Launch project. This program has been carried out since 1998 with the participation of ESA member states, Russia, the USA, Canada and Japan, and the Sea Launch project has been carried out since 1997 with the participation of Russia, the USA, Ukraine and Norway. According to Art. 1 of the International Agreement Concerning Cooperation on the International Space Station (1998), the purpose of this program is to establish, through genuine partnership, an institutional structure for long-term international cooperation between partners in the technical design, construction, operation and use of a permanently inhabited international space station for peaceful purposes in accordance with international law. Cosmonauts from countries participating in the Agreement have already visited and worked at the station.

The implementation of the Sea Launch project is carried out in accordance with the intergovernmental Agreement on its creation (1995).

It provides for the joint operation of a sea-based launch platform and an assembly and command vessel for commercial launches of artificial satellites. The procedure and forms of international cooperation of the relevant entities under the International Space Station program and the Sea Launch project are quite thoroughly covered in the legal literature.

Many non-governmental structures are now involved in international space cooperation, public organizations, scientific and educational centers. Among them are the International Space Telecommunications Organization (Intersputnik), the European Telecommunications Satellite Organization (EUTELSAT), the Arab Satellite Organization (ARABSAT), the Committee on Space Research (COSPAR), the International Astronautical Federation, the Council for International Cooperation in the Exploration and Use of Outer Space (Intercosmos), International Institute of Space Law in Paris, etc.

Separately, it should be said about international scientific space cooperation within the framework of International Center space research(MCKP) at the National Academy of Sciences of Ukraine. It was created in 1998 by a joint decision of the National Space Agency of Ukraine and the Russian Aerospace Agency, the National Academy of Sciences of Ukraine and the Russian Academy of Sciences on the basis of the Institute of State and Law named after. V.M. Koretsky NAS of Ukraine to conduct scientific research on current issues of international and national space law. The Center has carried out a series of relevant scientific developments with the participation of Ukrainian, Russian and other legal scholars, published a number of monographic works, as well as a four-volume thematic collection “Space Legislation of the World” in Russian and English. A notable event in the activities of the ICSC was also the international symposium “Status, application and progressive development of international and national space law” held in Kyiv in 2006 together with the Legal Subcommittee of the UN Committee on Outer Space.

With all the diversity of bodies and organizations currently involved in international space cooperation, one cannot help but see gaps regarding its coordination on a global scale. In this regard, proposals expressed in the literature about the advisability of creating a World Space Organization similar to the International Atomic Energy Agency seem justified.

Such a solution to the issue could expand organizational basis international cooperation in space and harmonize the practice of applying international space law.

Topic No. 9.

1. Concept, sources and principles of ICP.

2. legal regime of outer space and celestial bodies.

3. legal regime of space objects.

4. legal regime of astronauts.

MCP is one of the newest branches of modern small business.

The International Space Code is a set of international norms and principles governing the relations of states on the use and exploration of outer space and celestial bodies.

MCP sources are predominantly international treaties. The main MDs in this area include the following:

· an agreement on the principles of activities of states in the exploration and use of outer space, including the moon and other celestial bodies. (1967 - Outer Space Treaty).

· agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, 1968.

· Convention on International Liability for Damage Caused by Space Objects, 1972.

· Convention on the Registration of Objects Launched into Outer Space, 1975.

· agreement on the activities of states on the Moon and other celestial bodies, 1979. (Moon Treaty).

ICP principles:

· freedom to use outer space, the Moon and other celestial bodies without any discrimination

freedom to explore outer space, the Moon and other celestial bodies without any discrimination

· ban on the extension of state sovereignty to outer space, the Moon and other celestial bodies

· ban on private appropriation of outer space, the Moon and other celestial bodies

· the legal regime of outer space, the Moon and other celestial bodies is established and regulated only by the MP

· partial demilitarization of outer space (partial demilitarization - military equipment can be used in outer space, but only for peaceful purposes)

· complete demilitarization of outer space, the Moon and other celestial bodies (testing of any types of weapons in outer space and on celestial bodies is prohibited).

For violation of these principles, states bear international legal responsibility.

KP and NT are territories with m-n mode. those. any state has the right to use and study these objects for peaceful purposes.

The checkpoint begins at an altitude of 100-110 km above sea level. where the airspace ends.

Celestial bodies are any objects of natural origin located in the CP.

States cannot extend their sovereignty to outer space and celestial bodies.

States have the right to place various objects on the surface of celestial bodies. These objects are the property of states, but can be used by astronauts if necessary (cosmonauts of any nationality).

Neither KP nor NT can be owned by anyone. Cannot be the property of the state, individual or legal entity.

Space objects (SO) are objects of artificial origin that are launched into outer space for its research.

satellites

spaceships and their parts

KOs are owned by the states in whose territory they were registered. They are used only for peaceful purposes. There is no private ownership of KOs.

States are required to register all spacecraft that are launched into space from their territory.

The UN maintains a general register of all FBOs.

A KO located in outer space is subject to the jurisdiction of the state in which it was registered.

If the ship is owned by several states, then MD norms apply on board.

The state is responsible for the technical condition of the facility. If a KO causes damage to any objects in the CP, or on the surface of the Earth, then the state to which the KO belongs is responsible for this damage.

Cosmonauts are members of spaceship crews.

Astronauts are humanity's ambassadors in space.

Astronauts are immune. immunity is associated only with the performance by astronauts of their official duties.

In outer space, astronauts have the right to use objects belonging to any state, but only for peaceful purposes and without causing damage to these objects.

it is believed that the astronauts are at the control point extreme situation. Cosmonauts are not responsible if, during landing, they violate the air border of a foreign state.

In principle, there are rules for landing a space object on Earth. The MP provides that if they land in another state, this is not a violation of national or international law.