Space law in modern international law. Space law in modern international law The formation of international space law

International space law- one of the new branches of modern international law, formed in the process of states' exploration of outer space and including rules that regulate international legal relations in relation to the status of outer space as a special, extraterrestrial environment and to the activities of states in the exploration and use of this space.

The exploration and use of outer space serves the interests not only of the state that carries out such activities, but also the global interests of all humanity. International space law can be defined as a set of international legal norms that establish the regime of outer space and celestial bodies and regulate relations between states and international organizations in connection with the exploration and use of space.

The sources of international space law are international treaties and international legal customs. The principles of the UN Charter also apply in space law.

The main source of this industry is the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, dated January 27, 1967.

Other multilateral treaties establishing the main provisions of space law are: Test Ban Treaty nuclear weapons in the atmosphere, in outer space and under water of August 5, 1963, Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of April 22, 1968, Convention on International Liability for Damage Caused by Outer Space Objects, of March 29, 1972, Convention on the Registration of Objects Launched into Outer Space, of January 14, 1975, Agreement concerning the Activities of States on the Moon and Others celestial bodies dated December 18, 1979. The countries belonging to the Commonwealth of Independent States entered into an Agreement on December 30, 1991 joint activities on the exploration and use of outer space, and later created the Interstate Council on Space.

Bilateral agreements on cooperation in space are widely used. The Russian Federation has such documents with the USA, China, Mexico, France, Australia, many other countries, as well as with the European Space Agency.

Before the conclusion of the 1967 Treaty, the basic rules of space activities had the status of customary norms. The norm defining the boundary between air and outer space at the level of the lower perigees of artificial Earth satellites, is still a legal custom.

The formation of international space law was greatly influenced by the resolutions of the UN General Assembly, primarily the Declaration legal principles regulating the activities of states in the exploration and use of outer space, 1963. One may also note the 1982 General Assembly resolution “Principles for the use by states of artificial earth satellites for international direct television broadcasting”, as well as the 1966 resolution “Declaration on International Cooperation in Exploration and the use of outer space for the benefit and benefit of all States, with particular regard to the needs of developing countries."

The Law of the Russian Federation “On Space Activities”, adopted on August 20, 1993, with amendments and additions introduced by the Federal Law of November 29, 1996, is essential for the implementation of the norms of international space law. Section VI of the Law regulates issues international cooperation.

Legal regime of outer space and celestial bodies

The 1967 Outer Space Treaty contains fundamental principles activities of states in outer space and norms that directly characterize its legal regime.

The states parties to the Treaty carry out activities in the exploration and use of outer space, including the Moon. other celestial bodies, in accordance with international law, including the UN Charter, in the interests of maintaining international peace and security of development of international cooperation and mutual understanding (Article 111). Thus, the scope of application of international law becomes not only territories and spaces on Earth, but also extraterrestrial - outer space. This is due to the interests of all states, all humanity.

The exploration and use of outer space, including the Moon and other celestial bodies, is carried out for the benefit and in the interests of all countries, regardless of the degree of their economic or scientific development, and is the property of all humanity. This means that the results of activities related to the exploration and use of space are also the property of all humanity. The agreement on the activities of states on the Moon and other celestial bodies establishes that the Moon and its natural resources are the common heritage of mankind.

The content of the concept of “common heritage of mankind” in the context of the content of international norms allows us to conclude that space and celestial bodies cannot be considered as a “common thing” or “common property” of humanity. They are just in it common use. Arbitrary appropriation of objects that have the status of the common heritage of mankind is unacceptable. Such facilities must be used in a fair and rational manner. The concept of the common “heritage of humanity” is intended to ensure the equality of all states in the use of these objects.

In relation to the Moon and other celestial bodies, the common heritage of humanity is not only the celestial bodies themselves, but also their resources, both unmined and mined. The 1967 Outer Space Treaty established the provision that “outer space, including the Moon and other celestial bodies, is not subject to national appropriation, either by declaration of sovereignty over it, or by use or occupation, or by any other means” (Art. II) . An identical provision is fixed in Art. 11 Agreement on the activities of states on the Moon and other celestial bodies. Freedom is proclaimed on the moon scientific research carried out with equality in mind by all parties to the Moon Agreement, without any discrimination. States have the right to collect samples of minerals and other substances on the Moon, to remove them from the Moon, and to dispose of them, taking into account the desirability of making part of such samples available to other parties to the Agreement, which should not be considered as national appropriation. In this regard, it is stated: “The surface or subsoil of the Moon, as well as areas of its surface or subsoil or natural resources where they are located, cannot be the property of any state, international intergovernmental or non-governmental organization, national organization or non-governmental institution or any natural person."

At the same time, the participating States undertake to establish an international regime to regulate the exploitation of the natural resources of the Moon when it becomes clear that such exploitation is possible. The goals of this regime, in particular, will be: the orderly and safe development of the natural resources of the Moon, their rational regulation, “fair distribution among all participating states of the benefits received from these resources, with special regard to the interests and needs of developing countries, as well as the efforts of those countries who have directly or indirectly contributed to lunar exploration."

The issue of the border between air and outer space has not been settled by agreement. A customary legal norm has emerged according to which this boundary passes at the height of the minimum perigee of the orbits of artificial Earth satellites, i.e., at an altitude of 100-110 km above ocean level. Aboveground space at the level and above the limits of minimum low satellite orbits does not fall under the sovereignty of the states located below this space and is considered open space.

Outer space, including the Moon and other celestial bodies, is open to exploration and use by all states without any discrimination, on the basis of equality, with free access to all areas of celestial bodies. The principle of freedom to explore and use outer space and celestial bodies also covers scientific research. An important element of space law is the principle of partial demilitarization of outer space and complete demilitarization of celestial bodies.

This means that the states parties to the Treaty undertake not to place into orbit around the Earth any objects with nuclear weapons or any other types of weapons of mass destruction, not to install such weapons on celestial bodies or to place them in outer space in any other way. It follows that space is partially (with regard to weapons of mass destruction) demilitarized.

The Moon and other celestial bodies are used exclusively for peaceful purposes: the creation of military bases, structures and fortifications, testing of any types of weapons and military maneuvers are prohibited. Consequently, a regime of complete demilitarization has been established on the Moon and other celestial bodies. The Agreement on the Activities of States on the Moon and Other Celestial Bodies of December 18, 1979 established additional restrictions on the military activities of states: the threat or use of force, any other hostile actions or the threat of their commission are prohibited on the Moon; It is also prohibited to use the Moon to carry out any such actions or apply any similar threats against the Earth, spaceships, their personnel or artificial space objects. It is allowed to use military personnel on the Moon for scientific research or any other peaceful purposes.

Restrictions on military activities in space and on celestial bodies are also provided for in other international instruments, in particular, in the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Underwater.

The principle of international space law is to promote international cooperation in the peaceful exploration and use of outer space. In this regard, the parties to the 1967 Treaty undertake to inform, to the maximum extent possible and practicable, Secretary General The UN, as well as the public and the international scientific community about the nature, progress, locations and results of space activities.

The principles of space law also include the prevention of harmful space pollution, as well as adverse changes in the earth’s environment due to the delivery of extraterrestrial substances. If a state party to the Treaty has reason to believe that an activity or experiment planned by it or its citizens will create potentially harmful interference with the activities of other parties to the Treaty in the peaceful exploration and use of outer space, then it is obliged to conduct the necessary international consultations. Similar consultations may be requested by any other parties to the Agreement. States bear international responsibility for their activities in outer space, regardless of whether they are carried out by government agencies or non-governmental legal entities. In addition, States are responsible for ensuring that their national activities are carried out in strict accordance with the provisions of the Treaty. Activities in space by non-governmental legal entities must be carried out with the permission of the relevant state party to the Treaty and under its constant supervision. In the case of activities in outer space by an international organization, both the organization itself and the states participating in it bear responsibility for the implementation of the Treaty.

Legal regime of space objects

Space objects are understood as artificial bodies that are created by people and launched into space. Such objects include their components and delivery vehicles. A type of space objects are spaceships - vehicles designed for people and cargo. Space objects are launched into outer space or onto celestial bodies to collect and transmit information. They also serve the purposes of production processes and cargo transportation. Space objects may belong to one or more states, non-governmental legal entity, an international intergovernmental organization.

According to the Convention on the Registration of Objects Launched into Outer Space, such registration is mandatory for its participants. The state that launched a space object into orbit around the Earth or further into outer space registers it by recording it in the appropriate register, which must be maintained by that state. It also determines the contents of the register and the conditions for its maintenance.

The state launching or organizing the launch of a space object informs the UN Secretary-General of the establishment of such a register, who, in turn, maintains a Register in which information provided by the state of registration is entered. The state in whose registry the object is entered retains jurisdiction and control over it and over any crew of this object while they are in outer space, including on a celestial body. The right of ownership extends both to space objects launched into outer space, including objects delivered or constructed on a celestial body, and to their component parts.

International space law contains rules for the location of space objects on natural celestial bodies, in particular on the Moon. States can land their space objects on the Moon and launch them from the Moon, place their personnel, spacecraft, equipment, installations, stations and structures anywhere on the surface of the Moon and its interior. Personnel and these space objects can move freely on the surface of the Moon and in its interior. Such actions should not, however, interfere with the activities of other states on the Moon.

States may also establish inhabited and uninhabited stations on the Moon, informing the UN Secretary-General of their location and purposes. The stations must be located in such a way as not to interfere with the free access of personnel, vehicles and equipment of other countries to all areas of the Moon. The placement of personnel, spacecraft, equipment, stations, and structures on the surface of the Moon or in its depths does not create ownership rights to the surface or depths of the Moon. In order for each State Party to ensure that other States Parties are acting in accordance with the 1979 Moon Agreement, all spacecraft, equipment, installations, stations and structures on the Moon are open to inspection.

A number of norms of international space law regulate the issue of the return of space objects. The 1967 Outer Space Treaty establishes a rule according to which, if such objects or their components, upon returning to Earth, are found outside the borders of the state party to the Treaty that has entered them into its register, then they must be returned to that state. This issue is resolved in more detail in the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. Every State which receives information or discovers that a space object or its component parts, upon returning to Earth, has found itself in territory under its jurisdiction, or on the high seas, or in any other place not under the jurisdiction of any State, is obliged inform the launching authorities and the UN Secretary-General. At the request of the authorities that carried out the launch, the state on whose territory the space object was discovered takes measures to save this object and return it. The authorities that carried out the launch are obliged to take effective measures to eliminate the possible danger of harm even if the state that discovered a space object on its territory or in any other place has reason to consider this object dangerous or harmful in its characteristics. The term "launching authorities" refers to both the states responsible for the launch and international intergovernmental organizations.

States and intergovernmental organizations, when launching objects into space, are obliged to take precautionary measures to prevent a threat to life and health individuals, destruction or damage to the property of states, their individuals or legal entities or international organizations. However, the possibility of causing damage remains. In order to regulate this issue, the Convention on International Liability for Damage Caused by Space Objects was adopted. It establishes the principle of absolute responsibility of the launching State for the payment of compensation for damage caused by its space object on the surface of the Earth or to an aircraft in flight. If damage is caused to a space object or to persons or property on board it at any place beyond the surface of the Earth, then the launching State is liable only if the damage was caused through its fault or through the fault of persons for whom it is responsible.

A claim for compensation for such damage may be made against the launching State by the State that suffered the damage or harm to its individuals or entities. If the launch of a space object is carried out jointly by two (or more) states, then they bear joint liability for the damage caused. In this regard, the launching state, which has paid compensation for damage, has the right to make a recourse claim against the remaining participants in the joint launch.

Thus, liability for activities in space is a type of international liability. Its subjects are states. It is the state that is responsible for the space activities of not only government agencies, but also individuals and legal entities under its jurisdiction.

The grounds for liability are:

first, space activities of a state that comply with international law but cause harm to another state. This is responsibility for lawful activities that have led to adverse consequences on Earth;
secondly, the state’s space activities that caused harm due to a violation of international law. If a state encroaches on the foundations of international law and order in outer space and causes harm to other states through its activities, then it commits an international offense.

Diplomatic means are used to make a claim for compensation for damage, but if diplomatic negotiations do not lead to a settlement of the claim, then at the request of any of the interested parties, a Claims Commission is created which determines the validity of the claim for compensation and, if accepted, determines the amount of compensation. The Commission's decision is final and binding if the parties agree in advance. Otherwise, the Commission makes a determination that is advisory in nature.

Space crews

International space law considers astronauts to be messengers of humanity into space. The 1967 Outer Space Treaty obliges its parties to provide all possible assistance to astronauts in the event of an accident, disaster or forced landing on the territory of another state or on the high seas. Astronauts making such an emergency landing must be ensured safety. They are immediately returned to the state in whose register their spacecraft is entered. While in outer space, including on celestial bodies, cosmonauts of one state party to the Treaty provide possible assistance to cosmonauts of other states. Persons in distress on the Moon are given the right to shelter at stations, structures, apparatus and other installations of the states parties to the Agreement on the Moon and Other Celestial Bodies.

If an accident or disaster, forced or unintentional landing of the crew of a spacecraft leads to landing in territory under the jurisdiction of any state, then it must take all possible measures to rescue the crew and provide them with the necessary assistance. The authorities that carried out the launch may also participate in search and rescue operations for astronauts. Such actions are undertaken on the basis of cooperation between the parties under the direction and control of the State exercising jurisdiction over the territory where search and rescue operations are carried out.

Legal forms of cooperation between states in space

According to Art. IX of the 1967 Treaty, in the exploration and use of outer space, its parties must be guided by the principle of cooperation and mutual assistance with due regard to each other's respective interests. In particular, this is manifested in the obligation to avoid potentially harmful interference with the activities of other states, to consider on an equal basis their requests to provide them with the opportunity to monitor the flight of space objects, to provide possible assistance to cosmonauts of other states, etc. International treaties, both bilateral, and multilateral, such specific forms of cooperation as space exploration, space meteorology, space communications, space biology and medicine are regulated. Mixed working groups are created for each area of cooperation.

A number of agreements provide for joint experiments, the creation of optical observation stations for artificial Earth satellites, and the implementation of joint manned flights.

The agreement on joint activities in the exploration and use of outer space, signed by the CIS states on December 30, 1991, established important principles of cooperation: joining efforts for the effective exploration and use of space in the interests of national economy and science, as well as defense capability and support collective security member states of the Commonwealth; confirmation of the need for strict compliance with the international obligations previously assumed by the USSR in the field of exploration and use of outer space; carrying out joint activities in the field of space on the basis of interstate programs, financing these programs through the share contributions of the states parties to the Agreement; coordination of efforts to solve international legal problems in the exploration and use of outer space.

According to the Law of the Russian Federation "On Space Activities", Russia promotes the development of international cooperation, as well as maintaining peace and international security by using the achievements of space science and technology. In relation to foreign citizens carrying out space activities under the jurisdiction of the Russian Federation, it is provided that they enjoy the legal regime established for organizations and citizens of the Russian Federation, to the extent that such a regime is provided by the relevant state to organizations and citizens of the Russian Federation. Organizations and citizens of the Russian Federation taking part in the implementation of international projects enter into agreements with foreign organizations and citizens in accordance with the legislation of the Russian Federation, unless otherwise provided by these agreements. Space activities prohibited by international treaties of the Russian Federation are not permitted. /The broadest cooperation on space issues. carried out in international organizations. The UN is called upon to consider the most general, predominantly political in nature, issues related to the exploration and use of outer space for peaceful purposes. So, General Assembly The UN in 1986 formulated principles regarding remote sensing of the Earth from space.

The UN General Assembly determines the tasks for developing legal problems of outer space, approves draft agreements on outer space developed by the Committee on the Peaceful Uses of Outer Space, and resolves a number of other issues.

Many people play a significant role in the development of international cooperation in space specialized institutions UN. Thus, the International Telecommunication Union is developing regulations that allocate radio frequency ranges for space communications; The World Meteorological Organization deals with the use of artificial satellites in meteorology.

There are also international intergovernmental organizations that are created specifically for cooperation on space issues. These include, in particular, the International Organization of Maritime Satellite Communications (INMARSAT), the International Organization of Space Communications Intersputnik, and the International Organization of Communications through Artificial Earth Satellites (INTELSAT).

INMARSAT is designed to provide the space segment needed to improve maritime communications and thereby contribute to improved communications for disaster warning and safety of life at sea.

Intersputnik coordinates the efforts of member states to design, create, operate and develop a communication system through artificial Earth satellites.

INTELSAT's objectives are the commercial design, construction, operation and maintenance of a global international satellite communications system.

Literature

Vasilevskaya E. G. Legal status of natural resources of the Moon and planets. M., 1978.
Vereshchetin V.S. International space law and domestic law: problems of interrelation // Sov. state and law. 1981. No. 12.
Vereshchetin V.S. International cooperation in space: legal issues. M., 1977.
Kamenetskaya E. P. Space and international organizations: international legal problems. M., 1980.
Kolosov Yu. M., Stashevsky S. G. The struggle for peaceful space: Legal issues. M., 1984.
International space law / Rep. ed. A.S. Piradov. M., 1985.
Postyshev V. M. The concept of the common heritage of mankind in relation to the Moon and its natural resources // Sov. Yearbook of International Law. 1987. M., 1988.
Legal problems of human flights into space // Responsible. ed. V.S. Vereshchetin. M., 1986.
Rudev A. I. International legal status space stations. M, 1982.

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

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INTERNATIONAL SPACE LAW

a branch of international law that represents a set and system of rules governing relations between states and international organizations in the field of their activities in the exploration and use of outer space, including celestial bodies. Space exploration has become a new sphere of human activity, which has necessitated legal regulation of the relations arising in the process of its implementation. Before concluding special agreements on the exploration and use of outer space, states were guided by the basic norms and principles of general international law. On December 13, 1963, the UN General Assembly adopted, in particular, resolution 1962/XVIII containing the Declaration of Principles Governing the Activities of States in the Exploration and Use of Outer Space, including among such principles the principle of freedom of exploration and use of outer space and the non-extension of state sovereignty to outer space. Rules relating to the regulation of certain aspects of space activities are also contained in a number of universal international acts: the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 1963, and the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influence on the Natural Environment, 1977. , V International Convention and the Regulations of the International Telecommunication Union, etc. Since 1959, the development of international legal acts of space law has been carried out by a subsidiary body of the General Assembly - the UN Committee on the Peaceful Uses of Outer Space (UN Committee on Outer Space), which includes 61 states. Under the auspices of the UN, a number of special treaties were developed and concluded, including the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space 1967, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space 1968, the Convention on International Responsibility for damage caused by space objects 1972, Convention on the Registration of Objects Launched into Outer Space 1975, Agreement concerning the Activities of States on the Moon and Other Celestial Bodies 1979 (entered into force in 1984). The 1967 Treaty is fundamental in nature: it established the general principles and norms of space activities of states, the legal status and regime of outer space and celestial bodies, the basis of the legal status of astronauts in outer space or emergency landing outside their state, and space objects, as well as the legal regime of certain types of space activities. According to this Treaty, outer space is open to exploration and use by all States, without any discrimination, on the basis of equality and in accordance with international law; outer space, including the Moon and other celestial bodies, is not subject to national appropriation; The moon and other celestial bodies are used exclusively for peaceful purposes; The launch into orbit and other placement in space of objects with nuclear weapons and other types of weapons is prohibited mass destruction; States bear international responsibility for all national space activities, incl. carried out by non-governmental legal entities. These general principles and norms were then developed and specified in subsequent international agreements. The emergence of a number of new types of use of outer space (space communications, study of the Earth's natural resources from space, meteorology, etc.) required the establishment of legal regimes for certain types of space activities. The UN Committee on Outer Space prepared and approved by the General Assembly a number of international acts, in particular, the Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982), and the Principles Relating to the Use of Nuclear Power Sources in Outer Space (1992). At the UN, since 1967, the problem of the limits of spatial jurisdiction of states, i.e., has been discussed. about the border between earthly and outer space. The sources of international space law are also various international scientific and technical agreements regulating joint space activities of participating states. On the basis of such agreements, a number of local space organizations have been created (Intersputnik, Intelsat, Inmarsat, European Space Agency), multilateral and bilateral space programs are being implemented (in particular, the Agreement between the USSR and the USA on cooperation in the exploration and use of outer space for peaceful purposes 1987, Agreement on the operation of the sea launch complex 1995 between Ukraine, Russia, Norway and the USA). In the 80s in connection with the prospect of the commercialization of space activities and the participation of new entities in it (private organizations, corporations, firms, companies), a need arose for domestic regulation of space activities of national legal entities, taking into account the state’s obligations under the Treaty on Principles of 1967, in particular, its responsibility for the entire national space activities. What these legislative acts have in common is a system of licenses for space activities, their implementation under state control. In Russia, the Law of the Russian Federation “On Space Activities” is in force in 1993 with amendments and additions in 1996. In 1993, the Russian Space Agency (RSA) was created - a federal executive body for the implementation of public policy in the field of space activities and coordination of work on the implementation of the Federal Space Program, the creation of space technology for scientific and national economic purposes. Within the framework of the CIS, multilateral and bilateral international treaties relating to the space activities of the participating states have been concluded, in particular - the Agreement on Joint Activities in the Research and Use of Outer Space 1991; Agreement on the procedure for maintaining and using space infrastructure facilities in the interests of implementing space programs 1992; Agreement on the procedure for financing joint activities in the exploration and use of outer space 1992; Agreement between Russian Federation and the Republic of Kazakhstan on the lease of the Baikonur cosmodrome 1994. E.G. Zhukova

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 at the moment ( beginning of XXI c.) 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, the Committee on the Peaceful Uses of Outer Space, created in 1959, plays a significant role in ensuring the activities of space law.

Within the framework of this Committee, activities are carried out to enhance technical cooperation between states on space issues; programs for joint space exploration are being developed; 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 entire complex of various relations 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 the Cold War) - the USSR and the USA - launched their own space programs that changed the world 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 problems of human activity in space with other most important problems of modern humanity, namely:

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 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(having 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 of international relations.

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

Extraterrestrial space is divided into air and outer space. This division is predetermined by various technical principles movement of aircraft. Space activities affect the interests of all humanity, therefore outer space, by analogy with air space, cannot be divided into national and international. All outer space as a whole is international territory, is not subject to national appropriation and establishment of the sovereignty of any state, and is in common use. The concept of the common heritage of humanity applies to outer space.

International space law is a branch of international law that was formed in the process of states' exploration of outer space. International space law is a set of rules governing international legal relations regarding the status of outer space as a special extraterrestrial environment and the activities of states in its exploration and use. This is a set of international legal norms that establish the regime of outer space and celestial bodies and regulate the relations of subjects of international law in connection with the use of space.

The subject of international space law is international relations in the process of space activities. The object of international space law is the activities of its subjects related to the exploration and use of space, planets of the solar system, the Moon, other celestial bodies, and space objects. Space law regulates the activities of states not only in space, but also activities on Earth related to the study and exploration of space. The subjects of international space law are both traditional and non-traditional subjects of public international law: states, international intergovernmental and non-governmental organizations, legal entities.

Before the development of the first universal Outer Space Treaty in 1967, the basic rules of space activities had the status of customary legal norms (for example, the principle of non-extension of state sovereignty to outer space). Until now, international space law has a large conglomerate of customary rules formed in the practice of states (100–110 km from the surface of the Ocean - the border between air and outer space). In addition, many provisions of space law are enshrined in bilateral agreements between the main space powers - the USA and the USSR. Other states adhere to the rules established in these agreements at the level of international custom.

Features of international customary norms in space law - they were formed within a fairly short time (from the early 60s to the mid-70s of the 20th century).

In the field of space law it is accepted large number universal international agreements. The main one is the Treaty on Principles for the Activities of States in the Use and Exploration of Outer Space, Including the Moon and Other Celestial Bodies, 1967 (Outer Space Treaty). This Treaty establishes the most general international legal principles of space activities (participants are about 100 states of the world).

Other universal agreements on international space law: Treaty on the Prohibition of the Use of Nuclear Weapons in the Atmosphere, in Outer Space and Under the Sea, 1963; 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 of 1979. In 2007, under the auspices of the UN, the Guidelines of the Committee on the Peaceful Uses of Outer Space to prevent the formation of space debris were adopted.

The circle of states to which space law applies is wider than the “space club”, i.e. circle of states that are directly involved in the exploration and use of outer space. At the same time, the generally recognized principles of international space law apply to all states, regardless of their participation in space activities.

In the regulation of international space law, resolutions and recommendations of international organizations (primarily the UN GA) play an important role: Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, 1963; Principles for the Use by States of Certain Earth Satellites for International Direct Television Broadcasting 1982; Principles Concerning Remote Sensing of the Earth from Outer Space, 1986; Principles for the use of nuclear power sources on board space objects 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, 1996

The joint activities of states in space are regulated mainly by international scientific and technical agreements - the constituent acts of INGOs (INMARSAT, INTELSAT, European Space Agency, Interput). An important role in this area is played by the activities of the UN legal and scientific-technical subcommittees, the UN Committee on the Peaceful Uses of Space Law and its working groups.

The basic principles of international space law are enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, 1963 and in the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967:

– non-extension of state sovereignty to outer space;
– exploration and use of outer space for the benefit of all mankind;
– equal rights of all states to explore and use outer space;
– prohibition of national appropriation of space;
– compliance of space activities with generally recognized principles and norms of international law;
– freedom of space for scientific research;
– use of the moon and other celestial bodies only for peaceful purposes;
– international responsibility of states for all national space activities;
– international responsibility of states for damage caused by space objects;
– cooperation and mutual assistance of states in the exploration and use of space;
– maintaining state jurisdiction and control over state space objects;
– the duty of states to prevent space pollution.

The emergence of international space law how independent is closely related to the beginning practical research and space exploration. Within days of the launch of the first artificial Earth satellite on October 4, 1957, the UN General Assembly, in resolution 1148 (XII), called for joint study of “a system of inspection designed to ensure that the launching of objects into outer space is carried out exclusively for peaceful and scientific purposes.” " In 1958, the UN General Assembly created a special Committee on the Peaceful Uses of Outer Space (COPUOS) and charged it with studying “the nature of legal problems that may arise in the conduct of space exploration programs.” These resolutions, supplemented by several other resolutions of the General Assembly, laid the foundation for international law governing space activities and determined its general nature and form.

Key principles of international space law were originally conceived and proposed by publicists in legal doctrine. An analysis of the early ideas of various authors concerning the legal regulation of space activities reveals their common characteristic feature, namely, that outer space and celestial bodies should be free for exploration and use by all states in accordance with the general principles of international law, including the UN Charter, and not subject to appropriation by states. Thus, by proclaiming freedom of exploration and use, as opposed to the creation of new zones of sovereignty, it was stated that outer space should serve the interests of all mankind.

Outer space is a unique and essentially new field of human activity. Nature and physical characteristics outer space are such that the activities are predominantly international in nature. While international relations are governed by international law, a number of specific norms and principles have been formed to govern the activities of states in outer space, including the Moon and other celestial bodies.

Development of international space law.

The UN has played and continues to play a primary role in the development of international space law, in particular through the adoption of resolutions of the General Assembly. It is immaterial whether these resolutions are binding or simple recommendations, open to full discussion.

Before the first launch of a space satellite, the closest analogy to outer space was open sea- a territory that belongs to everyone ( res communis). After the launch of the first Soviet and American satellites, the UN General Assembly, as part of the work of COPUOS, began to study legal problems that may arise during space activities. In resolution 1472 (XIV) of 12 December 1959, the General Assembly recognized as a fundamental basis in the exploration of outer space an orientation solely for the benefit of all mankind and noted the importance of taking into account the interests of all states “regardless of their level of economic or scientific development” in the conduct of research and use outer space. The need to promote international cooperation was also emphasized.

The next important resolution of the General Assembly, resolution 1721, adopted unanimously in December 1961, was a kind of guidance on further development international space law. In addition to the above principles, the General Assembly adopted a new guiding principle that “outer space and celestial bodies are available for exploration and use by all States, in accordance with international law, and are not subject to appropriation by States.” These principles were set out in more detail in Resolution 1962, adopted unanimously and entitled “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space.” The following were solemnly proclaimed Guiding Principles of International Space Law:

The exploration and use of outer space is carried out for the benefit and in the interests of all mankind.
Outer space and celestial bodies are open to exploration and use by all states on the basis of equality and in accordance with international law.
Outer space and celestial bodies are not subject to national appropriation.
The activities of states in the exploration and use of outer space must be carried out in accordance with international law, including the UN Charter.
States bear international responsibility for national activities in outer space, responsibility is assigned either to the state or to the international organization and the states participating in it. The activities of national authorities in outer space must be conducted under the constant supervision of the relevant state.
In the exploration and use of outer space, states carry out all their activities with due regard to the relevant interests of other states. If an activity in space or a planned experiment has the potential to cause harm to other states, then international consultations must be held in advance.
The State on whose registry an object launched into outer space is entered retains jurisdiction and control over such object and over any crew on it while they are in outer space.
Each state that launches or causes an object to be launched into outer space bears international responsibility for damage caused to a foreign state by such object or its ground-based components in air or outer space.
States consider astronauts as envoys of humanity into space and provide them with all possible assistance. Cosmonauts, in the event of a forced landing on the territory of a foreign state, are immediately returned to the state in which their spacecraft is registered.

All subsequent treaties relating to international space law incorporate most of the principles enshrined in this Declaration.

Current legal situation.

COPUOS and its two subcommittees - Scientific and Technical and Legal, prepared five international treaties regulating activities in outer space. All of them were adopted by consensus.

Outer Space Treaty.

The Treaty Governing the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, of December 19, 1966, commonly referred to as the Outer Space Treaty, is considered the cornerstone of international space law. The Treaty contains a number of fundamental principles that establish the basic legal framework for the activities of states in outer space. However, considering the treaty as the legal basis for space activities, many reputable space law lawyers note the lack of proper precision and certainty in the use of terms. This lack of legal clarity has in some cases been the result of a deliberate omission. Despite such criticism, the Outer Space Treaty is the most important source international space law. All activities of states in the field of exploration and use of outer space are subject to its broad parameters. It should also be borne in mind that, as its name suggests, it is a treaty of principles and is considered to be the legal basis from which more specific agreements can be developed.

Agreement on rescue and return.

The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of April 22, 1968, as its name suggests, provides for the immediate adoption of all measures to rescue astronauts and provide them with the necessary assistance in the event of an accident, disaster, forced or unintended landing. Most states agreed that astronauts in need of assistance should be treated with special care and their speedy return facilitated. To this end, states agreed to regard astronauts as ambassadors of humanity. This attitude towards astronauts reflects the spirit of international cooperation and mutual assistance in the difficult task of space exploration. The agreement also provides for the return of spacecraft or their components at the request of the authorities of the state that carried out the launch.

Liability Convention.

The Convention on International Liability for Damage Caused by Space Objects of 29 March 1972 was developed on the basis of general principles, laid down in Articles VI and VII of the Outer Space Treaty, which, respectively, stipulate the international responsibility of states for national activities in outer space and liability for damage caused by a spacecraft or its component to another state party to the Treaty, its individual or legal entity. Its main goal is to develop effective international rules and procedures for the “prompt payment of full and fair compensation” to victims of damage caused by a space object. The responsibility of the “launching state” can be either absolute or requiring proof of guilt. Absolute liability arises in the event of damage caused by a space object on the surface of the Earth or an aircraft in flight. In the event of damage caused by a space object in another location, it is required to provide evidence of the guilt of the launching state or the persons for whom it is responsible.

Registration Convention.

The Convention on the Registration of Objects Launched into Outer Space establishes a mandatory system for registering space objects launched into Earth's orbit and beyond. It is based on the voluntary system formulated in UNGA Resolution 1721 and complements the provisions of the Outer Space Treaty relating to national registries (Articles V and VIII) in detail. The Convention imposes an obligation on the launching State to establish a national registry (Article II) and specifies what specific information must be provided to a centralized public registry (Article IV). This public registry is maintained by the Office for Outer Space Affairs within the United Nations Department of Political Affairs. The Registration Convention is often criticized for its weak language. Extremely important information, such as the date and location of launch, changes in orbital parameters after launch, and the date of return of the spacecraft, must be reported “as soon as reasonably practicable” (Article IV). This may take weeks or months. States are not required to disclose the true function of a satellite, only its “general purpose” (Article IV). To date, there have never been any reports of a spacecraft launched for military purposes. Finally, the marking of space objects, which could provide invaluable assistance in identifying the state bearing international responsibility for damage caused by a space object, is only voluntary (Article V).

Moon Agreement.

The Agreement concerning the Activities of States on the Moon and Other Celestial Bodies of December 5, 1979, which entered into force on July 11, 1984, is the last general treaty of international space law. The Moon Treaty is a set of general principles and specific provisions that define acceptable activities on the Moon and other celestial bodies. It states that its provisions apply not only to the Moon, but also to other celestial bodies solar system, "except in cases where specific legal rules come into force in relation to any of these celestial bodies." The Basic Provisions largely reaffirm the fundamental principles of the Outer Space Treaty and expand on its information provisions (Articles 5 and 9) and environmental protection provisions (Article 7). It stipulates that it is “used... exclusively for peaceful purposes” (Article 3.1), and “the threat or use of force or any other hostile act or threat of hostile acts is prohibited on the Moon” (Article 3.2).

The most important provision of the Agreement is Art. 11, according to which the Moon and its natural resources should be considered as. This article calls for the creation of an international regime to regulate the exploitation of resources found on the Moon and other celestial bodies, capable of ensuring the rational use of resources and equitable distribution among all participating States of the benefits derived from these resources. The provisions of the Agreement have a clear focus on the internationalization of the Moon and its natural resources, similar in meaning to international maritime law. However, the Moon Agreement and its future prospects are fraught with uncertainty. The legal content of the Common Heritage of Humanity regime is still under debate. Some authors consider it a mere statement of position, while others recognize it as an emerging principle of international law. Neither the United States nor Russia appears to be planning to ratify the Moon Agreement.

International Telecommunication Convention.

In the convention of the International Telecommunication Union (ITU), adopted on November 6, 1982, regulating issues international use radio frequency spectrum and geostationary orbit, reflected the basic principles of international space law. One of the goals of the MEA is to ensure and expand international cooperation with a view to improving and rationally using all types of telecommunications (Article 4.1.a). Effective use radio frequency spectrum is achieved through coordination and coordination of state actions. With regard to the geostationary orbit, it is proposed that it be used efficiently and economically, ensuring fair access for all Member States. In accordance with Article 33, the geostationary orbit is recognized as a limited natural resource and its use must take into account the special needs of developing States (Article 33.2). This provision clearly demonstrates a change in ITU's philosophy regarding the regulation of the use of such limited resources.

Current issues of international space law.

The border between air and outer space.

The Outer Space Treaty establishes an international legal regime for outer space that is completely different from the regime of airspace, which is under the sovereignty of the state over whose territory it is located. However, there is no agreement on where the airspace regime ends and the outer space regime begins. You can count at least 35 theories about where the border between air and outer space is. However, none of these theories has received general acceptance among lawyers or states. Legally, the most influential are two schools of thought that emerged early on: the functionalists, who view the nature of a spacecraft's activities rather than the physical location of its activities as the decisive factor, and the spatialists, who traditionally place more emphasis on the recognized territorial sovereignty of states. In 1979 Soviet Union submitted a working document to COPUOS, which, among other things, indicated that the space above 100 (110) km above sea level should be considered outer space. Several countries, including the US and UK, opposed the initiative, arguing that the demarcation line was unnecessary and would only hinder current and future space activities.

The issue of defining the boundaries of outer space becomes even more confusing given the position of several equatorial states, which have stated that the geostationary orbit, due to its dependent position on Earth's gravity, should be under the sovereignty of the states over whose territory it is located. This position was decisively rejected. If there was international agreement, establishing the boundary of outer space, the equatorial states might not have put forward their demands. While the debate about delimitation or its necessity continues, the issue takes on a new dimension with the advent of the space shuttles, which carry out their mission as spacecraft but glide through airspace when returning to Earth. A solution to the boundary problem still seems elusive.

Protection of the space environment.

More than fifteen thousand space objects are tracked in space. The most obvious risks associated with the growing use of outer space are congestion in near-Earth space, space debris, and harmful effects on the atmosphere and ionosphere. rocket fuel, and danger radioactive contamination. The open nature of outer space, as well as existing pollution problems earth's surface indicate the need to develop effective legal measures to protect the space environment. Space environmental law will have to deal with both space debris and space pollution. It is necessary to develop standards for the removal of inactive satellites and, in general, for the reduction of all space debris. The assembly of orbital stations in outer space further increases the intensity of space traffic. Future space activities must be subject to effective pollution restrictions because they negative impact can affect the entire globe.

Another issue of international concern is the risks associated with the use of nuclear power sources (NPS) in outer space. Special attention this issue began to be paid attention to after the collapse of the Soviet maritime tracking satellite Kosmos-954 over the Arctic territory of Canada in 1978. The incident drew attention to the decades-long practice of spacefaring nations launching vehicles transporting radioactive materials into outer space without any international control.

According to various estimates, from 25 to 100 satellites equipped with nuclear power sources have been deployed by the United States, Russia and other countries in Earth orbit. There is an urgent need to develop guidelines to ensure the safe use of nuclear power sources in outer space. They may contain norms of maximum permissible radioactivity, protection standards, proposals for cooperation between states, requirements for monitoring space objects and information exchange.

Commercialization of space activities.

Human activities in space have moved from the stage of scientific research to commercial exploitation. Currently, all countries are reducing budget expenditures. This situation, coupled with the high costs of future space activities, will require financial assistance by states and governments. The approach to the commercialization of satellite services and the commercial availability of launch into orbit is indicative. Existing rules of international space law must take into account the economic and technical preconditions that enhance the growing commercialization of space activities.

It can be confidently expected that the role of private enterprise in space activities will increase significantly, both in terms of total volume and in relation to government space activities. The legal basis for such commercial activities of private enterprises requires further clarification.

Militarization of outer space.

The growing danger of the militarization of outer space cannot be underestimated. The Outer Space Treaty provides for only partial demilitarization. The emergence of new technologies, such as satellite defense systems, missile defense systems and strategic defense initiatives, require not only clarification of existing regulations, but also the development of new alternative and possibly compromise legal instruments aimed at limiting and reducing such activity.

Prospects for the development of international space law.

Had an impressive start. Existing agreements on space law and other documents provide space activities with clearer and safer legal basis than those found in other activities governed by international law. As mentioned above, a number of issues and obstacles are likely to make future international agreements on space law more difficult and less comprehensive. Technological, economic and political issues have and will continue to have a significant impact on the future development of international space law. It can be expected that some specific areas of space law will become increasingly important and will require clarification of existing legal norms and the creation of new ones. The legal vacuum associated with outer space is gradually being filled, but international space law still has many obstacles to overcome in its development.