Xvi international space law. Space law in modern international law International legal regulation of space

Concept, essence and main features of international space law

The implementation of any activity affecting the interests of other states inevitably leads to the emergence of international legal relations. In such cases, subjects of international law become bearers of the corresponding rights and obligations.

The recognition that international legal relations may arise in the process of space activities was already contained in the resolution General Assembly UN 1348 (XIII) of December 13, 1958, which noted “the general interest of mankind in outer space” and the need to discuss within the UN the nature of “ legal problems problems that may arise during space exploration programs.”

The development of international legal norms regulating relations arising in the process of space exploration initially took place on the basis of the concept of space activity as an object of legal relations. At the same time, there was a need to establish a legal regime for outer space, a new environment in which human activities became possible.

The UN General Assembly resolution “Question of the peaceful uses of outer space,” adopted on December 13, 1958, speaks of both the legal status of outer space and the nature of space activities (the desire to use outer space exclusively for peaceful purposes, for the benefit of humanity ; the need for international cooperation in a new area).

The 1967 Outer Space Treaty establishes the regime of outer space (Articles I and II) and at the same time defines the rights and obligations of states in the process of activities not only in space itself, but also in all other environments, if their activities there are related to research and use of space.

If the norms and principles of international space law related only to the regulation of activities in outer space itself, then the corresponding legal relations on Earth related to activities in outer space would be artificially removed from the scope of space law.

There is an inextricable connection between the legal regime of outer space and the legal regulation of activities related to the use of this space. Even before the UN General Assembly recognized the need to develop special legal principles for space activities, legal scholars in many countries predicted that the system of international law would develop a special group of norms and principles designed to regulate legal relations in the new field of activity. The specificity of this group of norms and principles was justified by the characteristics of outer space itself as a new environment for human activity, as well as the characteristics of space activity, which differs significantly from activity in any other area.

Space law has the following features: only outer space gives humanity the opportunity to go beyond the terrestrial environment in the interests of the further progress of civilization; in outer space there are celestial bodies whose territories do not belong to anyone and can be used by humans in the future; space is practically limitless; unlike land territory, the oceans and airspace, outer space cannot be divided into any zones in the process of its use; outer space poses a particular danger to human activity; In space and on celestial bodies there are physical laws that differ significantly from those on earth.

The peculiarities of space activity include the fact that it is carried out with the help of fundamentally new means - rocket and space technology; the use of space for military purposes poses an incomparable danger; all states without exception are interested in the results of space activities, and at present only a few of the most scientifically and industrially developed states can carry them out independently; the launch of spacecraft and their return to Earth may involve the use of the airspace of foreign states and the open sea; space launches can cause damage to foreign countries and their citizens.

Based on the specified specifics of outer space and space activities, the legal doctrine proposed various solutions to problems arising in connection with human activities in this area.

Some lawyers substantiated the specifics of international legal regulation of space activities and the regime of outer space. At the same time, they went so far in their reasoning that they formulated a conclusion either about the complete independence of the new type of legal relations and its isolation from the entirety of already existing international legal relations, or about the need to revise existing international law under the influence of a new type of activity.

An analysis of the nature and goals of space activities shows that there is no exclusivity from the point of view of social relations in this new area human activity No.

There is an inextricable connection between law and foreign policy. Closely related to questions foreign policy and space exploration. The guiding principle in the conduct of foreign policy by states in any field today should be the principles of peaceful coexistence, which, of course, apply to space activities.

General legal principles were of particular importance for space activities during the period when international space law was in the initial stages of its formation. The absence of special principles had to be compensated by the application of general principles. This approach made it possible to reject unfounded allegations about a “legal vacuum” in the field of space activities.

From the very beginning of the emergence of the science of international space law, Soviet and other progressive lawyers proceeded from the fact that the basic principles and norms of international law also apply to space activities. As for its specificity, it must be taken into account in special rules, which, being based on generally recognized fundamental principles and norms, can constitute a new branch of international law, but by no means an independent legal system.

The Soviet and later Russian concept of international law is based on the close relationship between scientific and technological progress and law. The progress of science and technology cannot but affect the development of international law. Major scientific and technological achievements have always necessitated legal regulation of relations between states related to the use of these achievements, due to the fact that the consequences of their application can become regional and even global.

However, international law not only experiences the impact of scientific and technological progress, but also, in turn, influences the development of science and technology. The adoption of prohibitive norms slows down the improvement of some types of technology and stimulates the development of new ones, the use of which would not be subject to these prohibitions.

If, from the point of view of the science of nature, the cosmos is subject to its own special laws, then from the point of view of the science of society, it must obey principles common to all mankind, which apply to all types of activity. International law is a social historical institution, the existence of which is determined by the division of the world into independent states. Any activity is subject to regulation by this system of law if it affects the interests of more than one state. The norms of international law generally recognized in each specific era are subject to application wherever different states operate.

The legal regime of outer space and the regulation of space activities cannot be divorced from the basic principles of peace and peaceful coexistence of states. They must be built taking into account current problems in the development of modern international relations.

The extension of the basic principles of modern international law to space is also necessary because they include provisions on equality, peaceful coexistence, cooperation between states, non-interference in each other’s internal affairs, etc. All peoples are interested in their observance. These principles apply to all types of space activity, despite its specificity. Only on the basis of these principles is it possible to organize broad international cooperation and accelerated progress in the field of space exploration and use.

The theoretical debate among legal scholars ended with the official recognition by states of the applicability of international law, including the UN Charter, to outer space and celestial bodies [p. 1a of UN General Assembly resolution 1721 (XVI) of December 20, 1961]. A year later, states recognized the applicability of international law, including the UN Charter, to the activities of states in the exploration and use of outer space [preamble to UN General Assembly resolution 1802 (XVII) of December 14, 1962]. The 1967 Outer Space Treaty already contains binding substantive rules according to which outer space is open to exploration and use by all States in accordance with international law (Article I), and activities for the exploration and use of outer space must be carried out in accordance with international law , including the UN Charter (Art. III).

Content.

Introduction	3-4
Chapter 1.	Concept and features of international space law.	5
1.	The concept of international space law and its place in the system of modern international law.	5-8
2.	History of the formation of international space law as a branch of international law.	8-17
Chapter 2.	Principles of international space law.	18
1.		18-24
2.		24-54
Chapter 3.	Contents of sectoral principles of international space law.	55-62
Conclusion.	63-64
	65-67

Introduction.

This article is devoted to the concept and principles of international space law. IN last years- years of scientific and technological progress - one of the leading sectors of the national economy is space. Advances in space exploration and exploitation are one of the the most important indicators level of development of the country.

This supernova branch of international law was studied and developed by many scientists (V. S. Vereshchetin, G. P. Zhukov, E. P. Kamenetskaya, F. N. Kovalev, Yu. M. Kolosov, I. I. Cheprov and others) . However, many questions on this topic are still unresolved and controversial in theory and practice. For example, since 1966, the UN Committee on Outer Space has been considering the issue of delimitation of air and outer space, and agreement on how to resolve this problem has not yet been achieved. A number of states are in favor of establishing conditional boundary between air and space at an altitude not exceeding 100 kilometers above sea level, with space objects being granted the right to peacefully fly through foreign airspace to enter outer space or return to Earth.

Some countries believe that the establishment of such an “arbitrary” boundary is not currently necessary, since its absence does not impede successful space exploration or lead to any practical difficulties.

From the very beginning of the emergence of the science of international space law, most lawyers proceeded from the fact that the basic principles and norms of international law also apply to space activities. As for its specificity, it must be taken into account in special norms, which may constitute a new branch of international law, but by no means an independent legal system. Today there are no clear, clear, comprehensive principles of international space law taking into account current realities.

This work is not intended to discover or develop new principles of international space law. On the contrary, it is an attempt to systematize and generalize the currently available legal norms and principles governing the activities of states in space and their relationships in this area. Without such systematization, it is difficult to obtain a holistic picture of the current situation in international space law. If this attempt was successful, then this work could serve as the basis for further research in the field of international space law with a view to possibly making additions and introducing new norms and principles.

Chapter 1. Concept and features of international space law.

1. The concept of international space law and its place in the system of modern international law .

International law is a system of legal rules governing interstate relations in order to ensure peace and cooperation.

The system of international law is a complex of legal norms, characterized by fundamental unity and at the same time ordered division into relatively independent parts (industries, sub-industries, institutions). The material system-forming factor for international law is the system of international relations that it is designed to serve. The main legal, moral and political system-forming factors are the goals and principles of international law.

Today in science there is no generally accepted system of international law. Each author pays the greatest attention to it and substantiates his own point of view. However, this does not give rise to the conclusion that it “is not an orderly system of agreed norms; at best it is a collection of norms of various origins, more or less arbitrarily systematized by the authors.”

This is, for example, the opinion of the famous Polish lawyer K. Wolfke.

Modern international law has determined the main goals of interaction between states, and thereby international legal regulation. As a result, it began to more accurately determine not only the forms, but also the content of interaction between states. The established set of basic principles of international law united, organized and subordinated previously disparate groups of norms. International law has ceased to be only dispositive; a complex of mandatory norms has appeared ( jus cogens

), that is, generally recognized norms from which states do not have the right to deviate in their relations even by mutual consent.

As mentioned above, the system of international law is an objectively existing integrity of internally interconnected elements: generally accepted principles, treaty and customary norms, industries, and so on. Each branch is a system that can be considered a subsystem within the framework of an integral, unified system of international law. Legal norms and institutions are united in the branches of international law. The object of the industry is the entire complex of homogeneous international relations, for example those relating to the conclusion of international treaties (the law of international treaties), those related to the functioning of international organizations (the law of international organizations) and so on. Some branches (for example, international maritime law and diplomatic law) have existed for a long time, others (for example, international atomic law, international security law, international space law) have emerged relatively recently.

Let us consider in more detail the concept of international space law as a branch of international law.

International space law is a branch of international law that regulates relations between its subjects in connection with their activities in the exploration and use of outer space, including celestial bodies, as well as regulating the rights and obligations of participants in space activities.

These rights and obligations arise both from the general principles and norms of international law governing all areas of international relations, and from special principles and norms reflecting the characteristics of outer space and space activities.

International space law, contrary to the literal interpretation of this term, applies not only to activities in outer space itself, including celestial bodies, but also to their activities on Earth and in the airspace of the Earth in connection with the study and exploration of space.

The range of states covered by the rules of international space law is much wider than the so-called “space club”, whose members are states that are already directly involved in the exploration and use of outer space using their technical means. In fact, generally accepted norms of international space law apply to all states and create for them certain rights and obligations, regardless of the degree of their activity in the field of space activities.

The objects of international space law are: outer space (above-ground space, starting from an altitude of about 100 km above sea level), planets of the solar system, the Moon, artificial space objects and their components, space crews, activities for the exploration and use of outer space and celestial bodies , results of space activities (for example, remote sensing data of the Earth from space, materials delivered from celestial bodies to Earth, and others).

Aboveground space is divided into air and space. This division is predetermined by the difference in the technical principles of movement of aircraft: for aviation, this is wing lift and motor thrust; for astronautics it is mainly inertial movement under the influence of the gravity of the Earth and other planets.

The subjects of international outer space are the subjects of public international law, that is, mainly states and international intergovernmental organizations, including, of course, those that do not themselves directly carry out space activities.

2. History of the formation of international space law as a branch of modern international law.

The emergence of international space law is directly related to the launch of the first artificial Earth satellite in the Soviet Union on October 4, 1957, which not only marked the beginning of human space exploration, but also had a profound impact on many aspects of public life, including the entire sphere of international relations. A completely new sphere of human activity has opened up, which has great importance for his life on Earth.

It has become necessary legal regulation, in which the main role belongs to international law. The creation of international space law is interesting in that it demonstrates the ability of the international community to quickly respond to the needs of life, using a wide arsenal of rule-making processes.

The beginning was made by the usual norm that appeared immediately after the launch of the first satellite. It arose as a result of the recognition by states of the right of peaceful flight over their territories not only in space, but also in the corresponding section of airspace during launch and landing.

Even before the development of the first special Outer Space Treaty of 1967, a number of principles and norms of international space law had developed as customary law. Some customary legal principles and norms related to space activities have been confirmed in unanimously adopted resolutions of the UN General Assembly. Among them, particularly noteworthy are resolution 1721 (16) of 20 December 1961 and resolution 1962 (18) of 13 December 1963. The latter contains the Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space.

International space law is formed mainly as a treaty law.

Before the first Outer Space Treaty of 1967, there were separate treaty rules governing certain aspects of activities in space. We find them in some international instruments:

*Test Ban Treaty nuclear weapons in the atmosphere, in outer space, and under water, signed in Moscow on August 5, 1963;

* UN Charter of June 26, 1945 (Entered into force on October 24, 1945. Members of the UN are 185 states /data for 1996/, including Russia since October 15, 1945);

* Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the UN Charter of October 24, 1970;

* Final Act of the Conference on Security and Cooperation in Europe of August 1, 1975 (Entered into force on August 1, 1975. 9 states participate in it /data for 1996/, including Russia since August 1, 1975).

It should be borne in mind that from the very beginning of the space age, states were guided in their relationships related to space activities by the basic principles and norms of general international law, mandatory for all participants in international communication, wherever their activities were carried out, including space not under someone's sovereignty.

But mainly the development of international space law, as well as international law in general, occurs through the conclusion of international treaties.

First of all, we should highlight a group of main international treaties developed at the UN, and then signed and ratified a large number states For example:

* Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies of January 27, 1967 (Entered into force on October 10, 1967. 222 states participate in it /data for 1996/, including Russia with October 10, 1967);

* Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space from April 22, 1968 (Entered into force on December 3, 1968. 198 states participate in it /data for 1996/, including Russia from December 3 1968);

* Convention on International Liability for Damage Caused by Space Objects of March 29, 1972 (Entered into force on September 1, 1972. 176 participating states /data for 1996/, Russia - since October 9, 1973);

* Convention on the Registration of Objects Launched into Outer Space of November 12, 1974 (Entered into force on September 15, 1976. 18 states participate in it /data for 1996/, including Russia - since January 13, 1978);

* Agreement on the activities of states on the Moon and other celestial bodies of December 18, 1979 (Entered into force on July 11, 1984. 9 states participate in it /data for 1996/, Russia does not participate).

The central place among these treaties is occupied by the Outer Space Treaty of 1967, which establishes the most general international legal principles of space activities. It is no coincidence that its participants include the largest number of states (222 participants), and it is with this treaty that the transformation of international space law into an independent branch of general international law is associated.

The second group of sources of international space law consists of numerous international scientific and technical agreements, conventions, and so on, regulating the joint activities of states in space. Scientific and technical agreements on space are very diverse in their name, form, purpose, and the nature of the norms they contain. For example,

* Convention on the International Organization of Maritime Satellite Communications (INMARSAT) of September 3, 1976 (The Convention entered into force. 72 states participate in it /data for 1996/, including Russia - since July 16, 1979);

* UN General Assembly Resolution 37/92 “Principles for the use by states of artificial Earth satellites for international direct television broadcasting” of December 10, 1982;

* Agreement on cooperation in the exploration and use of outer space for peaceful purposes of July 13, 1976.

Among them are the constituent acts of intergovernmental organizations (for example, Intersputnik, Intelsat and others), multilateral and bilateral agreements on general and specific issues of joint activities of states in space.

The next type of international comic law treaty is a rescue treaty. Thus, the 1968 Rescue Agreement mainly regulates operations on Earth for the rescue and return of astronauts and space objects, and the 1972 International Liability Convention has as its main task compensation for damage caused when space objects or their objects fall to Earth. components.

The legal basis for cooperation between a number of Eastern European and other states in the space field for a quarter of a century was the Agreement on Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes (Intercosmos Program) concluded in 1976. The main areas of cooperation within the framework of the Intercosmos program were the study physical properties outer space, space meteorology, space biology and medicine, space communications and the study of the natural environment from space. Currently. This cooperation is not currently being actively pursued.

On December 30, 1991, the Agreement on joint activities in the exploration and use of outer space, the participants of which are Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan and Uzbekistan, was signed in Minsk and on the same day came into force.

According to this agreement, Team work nine states are to be implemented on the basis of interstate programs. Their implementation is coordinated by the Interstate Space Council. The implementation of military space programs is ensured by the Joint Strategic Armed Forces. The basis of financing is the share contributions of the participating states.

The parties to the agreement confirmed their commitment to the norms of international law and the obligations previously assumed by the USSR under international treaties in the field of exploration and use of outer space.

The agreement is based on the preservation of existing space complexes and space infrastructure facilities that were located on the territories of the participating states during their stay in the USSR.

Another direction in the formation of international space law is the institutions international bodies and organizations.

Since the 80s, there has been a process of privatization and commercialization of space activities, which puts the formation of international private space law on the agenda. This trend is facilitated by the development of national space legislation in a number of countries. At the same time, there is a point of view according to which international space activities can be regulated exclusively by the norms of public international law, since legal entities and individuals of different countries cannot enter into legal relations on these issues without the consent of the states responsible for all national space activities.

In 1975, the European Space Agency (ESA) was formed by merging the previously existing European Research Organization (ERRO) and the European Launch Vehicle Organization (ELRO). According to the founding act, the ESA's task is to establish and develop cooperation between European states in the development and application of space science and technology exclusively for peaceful purposes. ESA's headquarters are in Paris.

In 1964, the International Organization for Communications through Artificial Earth Satellites (INTELSAT) was established on the basis of the Agreement on temporary conditions for the creation of a global system of communication satellites. In 1971, permanent agreements on INTELSAT were signed. Over 120 states are members of INTELSAT. INTELSAT's mission is to create and operate a global satellite communications system on a commercial basis. INTELSAT's headquarters are located in Washington.

In 1971, the International Organization of Space Communications Intersputnik was created. The purpose of this organization is to coordinate the efforts of member states to create and operate a communication system through artificial Earth satellites. The headquarters of Intersputnik is located in Moscow.

The International Maritime Satellite Organization (INMARSAT) was created in 1976. More than 60 states are its members. The goals of this organization are to provide the space segment necessary to improve maritime communications in the interests of improving the disaster warning system and ensuring security human life at sea, improving the efficiency of ship operation and management, improving maritime public correspondence services and radiodetermination capabilities. INMARSAT's headquarters are in London.

There are a number of other international governmental space organizations, including the Arab Satellite Organization (ARABSAT), the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) and others. Certain areas of space activities fall within the sphere of interests of some specialized UN agencies:

· International Telecommunication Union (ITU);

· Food and Agriculture Organization of the United Nations (FAO);

· World Meteorological Organization (WMO);

· United Nations Educational, Scientific and Cultural Organization (UNESCO);

· Intergovernmental Maritime Consultative Organization (IMCO).

The 1967 Outer Space Treaty does not exclude space activities by non-governmental legal entities, provided that they are carried out with the permission and under the supervision of the relevant State Party to the Treaty. States are responsible for such activities and for ensuring that they are carried out in accordance with the provisions of the Treaty.

COSPAR was created in 1958 on the initiative of the International Council of Scientific Unions. The main task of the Committee is to promote progress on an international scale in all areas of scientific research related to the use of space technology. COSPAR includes academies of sciences and equivalent national institutions of about 40 states, as well as more than 10 international scientific unions.

The IAF was officially established in 1952, but its origin is generally considered to be 1950, when astronautical societies in a number of Western European countries and Argentina decided to create an international non-governmental organization that would deal with the problems of space flights. The goals of the Federation include promoting the development of astronautics, disseminating all kinds of information about it, stimulating public interest and support for the development of all areas of astronautics, convening annual astronautical congresses, and so on. The IAF includes: firstly, national members - astronautical societies of various countries (such a member from Russia is the Intercosmos Council at the Russian Academy of Sciences), secondly, various educational institutions that train specialists or conduct research on space topics, and , thirdly, relevant international organizations. The IAF has more than 110 members. In 1960, the IAF established the International Academy of Astronautics (IAA) and the International Institute of Space Law (IISL), which subsequently became independent organizations working closely with the IAF.

The successes of mankind in space exploration, the global nature of this activity, and the high costs of its implementation put on the agenda the issue of creating a World Space Organization that would unite and coordinate efforts in the exploration and use of outer space. In 1986, the USSR submitted a proposal to the UN to establish such an organization and subsequently presented a draft of the main provisions of the Aerospace Defense Charter, which contained a description of its goals, functions, structures and financing procedures. This proposal provided, in particular, that in addition to developing and deepening international cooperation in the field of peaceful space exploration, the Aerospace Defense Forces would monitor compliance with future agreements to prevent an arms race in outer space.

Chapter 2. Principles

international space law.

1. The concept of principles of international law.

A feature of international law is the presence in it of a set of basic principles, which are understood as generalized norms that reflect the characteristic features, as well as the main content of international law and have the highest legal force. These principles are also endowed with special political and moral force. Obviously, this is why in diplomatic practice they are usually called the principles of international relations. Today, any significant political decision can be reliable if it is based on basic principles. This is evidenced by the fact that there are references to these principles in all significant international acts.

The principles are historically determined. On the one hand, they are necessary for the functioning of the system of international relations and international law, on the other, their existence and implementation are possible in given historical conditions. The principles reflect the fundamental interests of states and international society as a whole. From the subjective side, they reflect the level of awareness by states of the regularities of the system of international relations, their national and common interests.

The emergence of principles is also due to the interests of international law itself, in particular the need to coordinate a huge variety of norms and ensure the unity of the system of international law.

There are different types of principles within international law. Among them, principles-ideas occupy an important place. These include ideas of peace and cooperation, humanism, democracy and so on. They are reflected in such acts as the UN Charter, human rights covenants and many other documents. The main volume of regulatory action is carried out by principles-ideas through specific norms, reflected in their content and directing their actions.

Principles serve important functions. They define the basis for the interaction of subjects in a specific way, establishing the basic rights and responsibilities of states. The principles express and protect a set of universal human values, which are based on such important values as peace and cooperation, and human rights. They serve as the ideological basis for the functioning and development of international law. Principles are the foundation of the international legal order; they determine its political and legal appearance. The principles are the criterion of international legitimacy.

As the core of the system of international law, the principles determine the general avant-garde regulation when new entities or a new area of cooperation emerge. So, for example, with the emergence of such a new area as cooperation between states in space, the principles were immediately extended to this area. In addition, the emerging state will be bound by the principles of international law.

The role of principles in filling gaps in international law.

A number of norms of international law are called principles. Although these are the same international legal norms, some of them have long been called principles, others began to be called so because of their significance and role in international legal regulation. It should be noted that the principles of law are a normative reflection of the objective order of things, social practice, patterns social development, and not subjective ideas about these processes.

The principles of international law are the guiding rules of subjects that arise as a result of social practice, the legally established principles of international law. They are the most general expression of the established practice of international relations; they are a norm of international law that is binding on all subjects.

Compliance with the principles of international law is strictly mandatory. A principle of international law can only be abolished by abolishing social practice, which is beyond the power of individual states or a group of states. Therefore, any state is obliged to respond to attempts to unilaterally “correct” social practice, even in violation of principles. The report of the UN Secretary-General on the work of the Organization in 1989 states: “There has been a tangible change, the roots of which are the recognition that in order to provide lasting solutions to international problems it is necessary to base these solutions on the generally accepted principles laid down in the UN Charter.”

The principles of international law are formed by customary and contractual means. They perform two functions: they contribute to the stabilization of international relations, limiting them to certain normative frameworks and consolidate everything new that is determined in the practice of international relations, and thus contribute to their development.

A characteristic feature of the principles of international law is their universality. This means that subjects of international law are obliged to strictly observe the principles, since any violation of them will inevitably affect the legitimate interests of other participants in international relations. This also means that the principles of international law are a criterion for the legality of the entire system of international legal norms. The principles apply even to those areas of subjects that for some reason are not regulated by specific norms.

Another characteristic feature is their interconnectedness. Only in interaction are they able to fulfill their functions. At high level the generality of the content of the principles, the application of the prescriptions of each of them is possible only by comparison with the content of others. The importance of their interrelation was emphasized from the outset in the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, dated 24 October 1970 (Declaration of Principles) “in interpretation and application, the above principles are interrelated and each a principle must be considered in the context of all other principles."

A certain hierarchy is inherent in the set of principles. The principle of non-use of force occupies a central place. All principles are subordinated in one way or another to the task of ensuring peace. The principle of peaceful resolution of disputes complements the principle of non-use of force and the threat of force, which was also noted by the International Court of Justice. Paragraph 3 of UN Security Council Resolution 670 states that the events associated with Iraq's aggression against Kuwait confirmed that other principles, including the principle of voluntary fulfillment of obligations, may be suspended in relation to a state that has violated the principle of non-use of force and the threat of force.

There is no doubt that there is an unbreakable connection between law and foreign policy. Closely related to issues of foreign policy and space exploration. The guiding principle in the conduct of a state's foreign policy in any field today should be general international legal principles.

The content of the principles develops somewhat ahead of reality. Gradually, real international relations are being brought up to the level of principles. Based on what has been achieved, states are taking new steps in developing the content of the principles. This is carried out mainly with the help of resolutions of international bodies and organizations. But the main legal form of their existence is custom, precisely that variety of it that develops not in behavioral, but in normative practice. The resolution formulates the content of the principle, states recognize its legal force ( opinio juris).

In order for a principle to become generally binding, it must be recognized by the international community as a whole, that is, by a sufficiently representative majority of states. The peculiarities of the formation and functioning of the principles are largely determined by the fact that they reflect and consolidate the necessary foundations of the world order and international law. They represent a necessary right ( The established set of basic principles of international law united, organized and subordinated previously disparate groups of norms. International law has ceased to be only dispositive; a complex of mandatory norms has appeared ( necessitatis).

When setting out the principles of international law, one cannot dwell on the concept of “general principles of law”. It is actively discussed in connection with Art. 38 of the Statute of the International Court of Justice, according to which the Court, along with conventions and customs, applies “the general principles of law recognized by civilized nations.”

There are different opinions on this matter. Proponents of the broad understanding believe that this concept covers the general principles of natural law and justice and that we're talking about about a special source of international law.

Adherents of another concept believe that general principles should be understood as the basic principles of international law. However, the latter will not soon become general principles of national law. In addition, the concept of general principles of law gained prominence long before the recognition of the concept of basic principles of international law.

Finally, according to the third concept, general principles refer to principles common to national legal systems. Basically we are talking about rules that reflect the patterns of application of norms in any legal system. For international law, such principles are important due to the underdevelopment of procedural law in it. To enter the system of international law, it is not enough to be a principle common to national legal systems; it is necessary to be suitable for action precisely in this system. It must also be incorporated into international law, even if only in a simplified manner, as a result of the implied consent of the international community.

Having thus become customary norms, general principles cannot be considered as a special source of international law. Even in the context of European integration, judicial practice proceeds from the fact that the general principles of law “are not only the general principles of the national law of the member states, but also the principles of public international law.” The basic principles of international law are enshrined in the UN Charter. It is widely accepted that the principles of the UN Charter are jus cogens

, that is, they are obligations of the highest order and cannot be canceled by states either individually or by mutual agreement.

The most authoritative documents revealing the content of the principles of modern international law are the Declaration of Principles adopted by the UN General Assembly on September 24, 1970, and the Declaration of Principles to Guide the Participating States in Mutual Relations contained in the CSCE Final Act of August 1, 1975.

2. In interpreting and applying the principles of international law, it is important to remember that they are all interrelated and each must be considered in the context of all other principles.

Types and features of the principles of international space law.

The principles of international space law are enshrined 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.

The following principles of international space law are distinguished: Principle.

sovereign equality One of the main principles is the principle of equality of states. In the UN Charter, in the article on principles, the first place is given by the clause that reads:"The Organization is based on the principle of sovereign equality of all its Members

The main content of the principle is as follows: states are obliged to respect the sovereign equality and uniqueness of each other, as well as the rights inherent in sovereignty, and respect the legal personality of other states. Each state has the right to freely choose and develop its political system. social, economic and cultural system. establish their own laws and administrative rules. All states are obliged to respect each other's right to determine and exercise their own relations with other states in accordance with international law. Every state has the right to participate in international organizations and treaties. States must fulfill their obligations under international law in good faith.

From this it is clear that the principle of sovereign equality is not a mechanical unification of two previously known principles - respect for sovereignty and equality. The unification gives additional meaning to the new principle. The inextricable connection of its two elements is emphasized.

In theory and practice, there is a very widespread view that international law and any international obligation limit the sovereignty of a state. In fact, it is international law that ensures sovereignty and prevents its abuse. The report of the Cabinet of International Law of the Czechoslovak Academy of Sciences, prepared back in the 50s, stated: “International law does not mean a limitation of state sovereignty, on the contrary, it provides and ensures the possibility of its manifestation and application also outside the borders of the state...”

Equality in international law is the right of equals ( jus inter pares). An equal has no power over an equal ( par in parem non alphabet potestatem). The international community of states is conceivable today only as a system of equal entities. The UN Charter established equality as a condition for the Organization to achieve its main goals - maintaining peace, developing friendly relations, and cooperation.

At the same time, there is no reason to simplify the problem of ensuring equality. The entire history of international relations is permeated with the struggle for influence, for dominance. And today this trend is causing harm to cooperation and the rule of law. Many authors believe that equality of states is a myth. No one will deny the actual inequality of states, but this only emphasizes the importance of establishing their legal equality. People are also unequal in their capabilities, but this does not raise doubts about the meaning of their equality before the law.

Equality must be implemented taking into account the legitimate interests of other states and the international community as a whole. It does not give the right to block the will and interests of the majority. Modern international law is formed by a fairly representative majority of states.

Equality of the legal status of states means that all norms of international law apply to them equally and have equal binding force. States have equal capacity to create rights and assume obligations. According to the International Court of Justice, equality also means equal freedom in all matters not regulated by international law.

All states have an equal right to participate in solving international problems in which they have a legitimate interest. In the Charter economic rights and Duties of States 1974 states: " All states are legally equal and, as equal members of the international community, have the right to participate fully and effectively in the international decision-making process ..." .

At the same time, we should not close our eyes to reality. The actual influence of major powers on the rule-making process is palpable. Thus, the regime of outer space was determined by them. The creation of arms limitation treaties depends on them. On this basis, some lawyers believe that equality before the law only means equality in the application of law, and not in its creation (English lawyer B. Cheng). However international instruments and practice increasingly recognizes the equal right of all states to participate in the rule-making process. In addition, acts created at the initiative of major powers must take into account the interests of the international community as a whole.

In relation to space activities, this principle also means the equality of all states both in the implementation of space activities and in resolving legal and political issues arising in connection with its implementation.

The principle of equal rights is reflected in the Outer Space Treaty of 1967, the preamble of which states that the exploration and use of outer space should be aimed at the benefit of all peoples, regardless of the degree of their economic or scientific development, and the treaty itself establishes that states have the right to carry out the exploration and use of outer space and celestial bodies without any discrimination, on the basis of equality, with free access to all areas of celestial bodies (and also on an equal basis to consider requests from other states for the provision or opportunity to observe the flight of space objects / that is, about the placement of observation stations/).

Outer space is an open international space. This space, including the Moon and other celestial bodies, is open to exploration and use by all in accordance with international law, and is not subject to national appropriation in any way. An attempt by a number of equatorial countries in 1976 at a conference in Bogota (Colombia) to declare their claims to the segments of GSO (geostationary station) corresponding to their territory, that is, to extend their sovereignty to them, contradicts the principle of non-appropriation of space. The GSO is a spatial ring at an altitude of 36 thousand km in the plane of the earth's equator. A satellite launched into this space rotates with an angular velocity equal to the angular velocity of the Earth's rotation around its axis. As a result of this, the satellite is in a practically motionless state relative to the surface of the Earth, as if hovering over a certain point. This creates optimal conditions for some practical uses of satellites (for example, for direct television broadcasting).

In Art. 11 of the Agreement on the Activities of States on the Moon and Other Celestial Bodies states that “ The moon and its natural resources are the common heritage of humanity." and therefore " shall not be subject to national appropriation, either by claim of sovereignty, by use or occupation, or by any other means.” Paragraph 3 of the same article states that “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 individual. The placement on the surface of the Moon or in its subsoil of personnel, spacecraft, equipment, installations, stations and structures, including structures inextricably linked with its surface or subsoil, does not create ownership of the surface or subsoil of the Moon or their areas." Also, "the parties have the right to explore and use the Moon and other celestial bodies without discrimination of any kind, on the basis of equality and in accordance with international law and the terms of this Agreement " .

The principle of non-use of force and threat of force.

The problem of the relationship between power and law is central to any legal system. In national systems, the legal use of force is centralized, monopolized by the state. In international life, due to the absence of supranational power, power is at the disposal of the subjects themselves. In such conditions, the only way out is to establish a legal framework for the use of force.

The duty of non-use or threat of force applies to all states, since the maintenance of international peace and security requires that all states adhere to this principle.

According to the UN Charter, not only the use of armed force, but also not armed violence, which is in the nature of an unlawful use of force. It must be recognized that the use of armed force poses the greatest danger to the cause of peace.

It is significant that this was already understood by those in whose minds the idea of international law was born. F. de Vittoria and B. Ayala in the sixteenth century and G. Grotius in the seventeenth century believed that war could only be used in self-defense or as a last resort for the defense of law.

However, states were not ready to accept this provision. They considered their sovereign right to be the unlimited right to war ( jus ad bellum). This approach was clearly incompatible with international law.

Humanity has paid a high price for recognizing this truth. Despite the casualties suffered during the First World War and widespread demands to ban aggressive war, the League of Nations Statute did not do this, introducing only some restrictions. The beginning of correcting the situation was made in 1928 by the Paris Pact on the renunciation of war as a weapon national policy(Briand-Kellogg Pact). This was an important step in establishing the principle of non-use of force as a customary norm of general international law. However, for its final approval, humanity had to make sacrifices during the Second World War.

As main goal The UN Charter established: to save future generations from the scourge of war, to adopt a practice in accordance with which armed forces are used only in the common interests. The Charter prohibited the use not only of armed force, but of force in general.

An analysis of international norms and practice gives reason to believe that under by force refers primarily to armed force. The use of other means may be qualified as a use of force in terms of the principle under consideration if they are similar in their impact and results to military measures. This is evidenced, in particular, by the prohibition of reprisals involving the use of force.

Now about the concept " threat of force"in terms of the principle of non-use of force. First of all, this means the threat of using armed force. As for other measures, actions of such a scale that are capable of causing irreparable damage are prohibited. Of course, this provision does not mean the legalization of the threat of force, prohibited by other norms of international rights. Until the threat of force is removed from the weapons of diplomacy, the US Secretary of State's statement to the Senate subcommittee said that "American leadership requires that we be prepared to support our diplomacy with the credible threat of force."

The principle of the prohibition of the use of force and the threat of force in international relations also applies to the space activities of states and the relationships between them arising in connection with this. All activities in space must be carried out in the interests of maintaining peace and security. It is prohibited to put into orbit any objects with nuclear weapons of mass destruction (chemical, bacteriological, radiological and others), it is also prohibited to install such weapons on celestial bodies and to place such weapons in outer space. The moon and other celestial bodies are used exclusively for peaceful purposes. The creation of military structures, weapons testing and military maneuvers are prohibited. Meanwhile, the program to create space-based anti-missile systems is still alive in the United States, despite the 1972 Treaty with the USSR on the Limitation of Missile Defense Systems, which prohibits the testing and deployment of such systems.

The principle of non-use of force and the threat of force was also reflected in the 1979 Moon Agreement. The Moon is used by all participating States exclusively for peaceful purposes. The threat or use of force or any other hostile act or threat to commit any hostile act is prohibited on the Moon. It is also prohibited to use the Moon to carry out any such actions or apply any similar threats to the Earth, the Moon, spacecraft, spacecraft personnel or artificial space objects. And the use of military personnel for scientific research or any other peaceful purposes is not prohibited. The use of any equipment or facilities necessary for the peaceful exploration and use of the Moon is also not prohibited.

The Treaty Banning Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under the Sea of 1963 obliges its parties to prohibit, prevent and not carry out any test explosions of nuclear weapons and any other nuclear explosions in outer space.

According to the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications of 1977, it is prohibited to resort to this kind of influence as a means of destruction, damage or harm to another state, including for the modification of outer space, through the deliberate control of natural processes.

Thus, we can talk about the complete demilitarization of the Moon and other celestial bodies and the partial demilitarization of outer space (international law does not prohibit the placement in space of objects with conventional weapons on board, as well as the flight through space of objects with nuclear weapons and other types of weapons of mass destruction, if such a flight does not qualify as placing an object in space).

The doctrine of international law notes that the use of space for non-aggressive military purposes (for example, to repel aggression and to maintain international peace and security in accordance with the UN Charter) is not prohibited.

The extreme danger of turning space into a theater of military operations prompted the government of the USSR to take the initiative of complete demilitarization and neutralization of space. In 1981, it submitted to the UN a proposal to conclude a Treaty prohibiting the placement in outer space of weapons of any kind, and in 1983, a draft Treaty on the Prohibition of the Use of Force in Outer Space and from Outer Space in relation to the Earth. These projects were submitted for discussion to the Conference on Disarmament. Since 1985, Soviet-American (and now Russian-American) negotiations on nuclear and space weapons have also been conducted in Geneva.

To limit the military use of space, the Soviet-American agreements on the limitation of strategic offensive arms (START), including intercontinental ballistic missiles whose trajectory passes through space, and the Treaty between the USSR and the USA on the Limitation of Anti-Ballistic Missile Systems of 1972 are of great importance.

The principle of peaceful resolution of international disputes.

The concept of "international dispute" is usually used to refer to mutual claims between states.

International disputes are based on a number of factors, socio-political, ideological, military, and international legal in nature. In its most general form, an international dispute can be considered as a specific political and legal relationship that arises between two or more subjects of international law and reflects the contradictions that exist within this relationship.

From the moment a dispute arises and throughout the entire period of its development and existence, the principle of peaceful resolution of international disputes must apply as a generally recognized imperative principle of international law.

According to paragraph 3 of Art. 2 of the UN Charter , "all Members of the United Nations shall resolve their international disputes by peaceful means in such a manner as not to jeopardize international peace and security". States are obliged to resolve their disputes on the basis of international law and justice. This requirement presupposes the application in the process of resolving disputes of the basic principles of international law, the relevant norms of treaty and customary law. According to Article 38 of the Statute of the International Court of Justice, the settlement of disputes on the basis of international law means application:

Judgments and doctrines of the most qualified experts in the public law of various nations, as aid to determine legal norms. Article 38 also establishes that the Court's duty to decide disputes on the basis of international law does not limit its power to decide cases ex aequo et bono(in fairness and good conscience), if the parties agree.

General international law previously only encouraged states to resort to peaceful means of resolving international disputes, but did not oblige them to follow this procedure. Article 2 of the 1907 Hague Convention for the Peaceful Settlement of International Disputes did not prohibit recourse to war (“ before resorting to weapons"), did not oblige to resort to peaceful means (" apply as far as circumstances permit") and recommended a very narrow range of peaceful means (good offices and mediation).

The evolution of the principle of the peaceful settlement of international disputes is marked by a series of international treaties and agreements which, while they limited the right to resort to war, gradually developed means for the peaceful settlement of international disputes and established the legal obligation of states to use such means.

UN member states have committed themselves to " to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes and situations which may lead to a breach of the peace"(Clause 1, Article 1 of the UN Charter).

The mechanism for implementing the principle of peaceful resolution of international disputes exists in the form of a system of international legal means of such regulation. In accordance with Art. 33 of the UN Charter, the parties to the dispute, " must first of all try to resolve the dispute through negotiations, investigation, mediation, conciliation, arbitration, litigation, appeal to regional authorities, or agreements, or other peaceful means of their choice " .

According to modern concepts of international law, states are obliged to resolve their disputes only by peaceful means. At international conferences, representatives of some countries sometimes resort to arbitrary interpretation of the UN Charter in order to prevent the inclusion of the word “only” in the formulation of the principle. At the same time, it is argued that the Charter does not so much establish the provision that disputes must be resolved by peaceful means, but rather requires that when resolving international disputes, a threat to the peace and security of states should not be created.

However, the provisions of the Charter say otherwise. General provision of paragraph 3 of Art. 2 applies to all disputes, including those the continuation of which may not threaten international peace. According to paragraph 1 of Art. 1 of the Charter, international disputes shall be resolved in accordance with the principles of " justice and international law". The above article names almost all currently known means of peaceful resolution of disputes.

However, it does not mention such an effective means as “consultations of the parties.” They began to be used as a means of peaceful settlement of disputes after the Second World War, having received international legal recognition in a large number of bilateral and multilateral agreements. Consulting parties can set in advance the frequency of meetings and create advisory commissions. These features of consultations contribute to the search for compromise solutions by the disputing parties, the continuity of contacts between them, as well as the implementation of the agreements reached in order to prevent the emergence of new disputes and crisis situations. The procedure for mandatory consultations based on the voluntary consent of the parties allows the use of a dual function of consultations: as an independent means of resolving disputes and for the prevention and prevention of possible disputes and conflicts, and also, depending on the circumstances, as a means for the disputing parties to reach an agreement on the use of other means of settlement.

In relation to space activities, this means of peaceful settlement of disputes is reflected in many regulatory documents. For example, the 1967 Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, states that in the exploration and use of outer space, practical issues that may arise in connection with the activities of international intergovernmental organizations are decided by the states - participants, either with the relevant international organization or with one or more member states of that international organization. If any State Party to the 1967 Outer Space Treaty has reason to believe that an activity or experiment planned by that State may create potentially harmful interference with the activities of other States Parties, it shall conduct appropriate international consultations.

The Agreement concerning the Activities of States on the Moon and Other Celestial Bodies, paragraphs 2 and 3 of Article 15 states that a State Party which has reason to believe that another State Party is not fulfilling the obligations imposed on it by this Agreement, or that another State Party violates the rights enjoyed by the first State under this Agreement may request consultations with that State Party. The State Party to which such a request is made shall promptly enter into such consultations. Any other participating State that so requests has the right to participate in such consultations. Each participating State participating in such consultations strives for a mutually acceptable settlement of any dispute and takes into account the rights and interests of all participating States. Information on the results of these consultations is sent to the UN Secretary-General, who transmits the information received to all interested participating States. If consultations do not result in a mutually acceptable settlement with due regard to the rights and interests of all participating States, the parties concerned shall take all measures to resolve the dispute by other peaceful means of their choice in accordance with the circumstances and nature of the dispute. If difficulties arise in connection with the commencement of consultations or if consultations do not lead to a mutually acceptable settlement, any State Party may seek the assistance of the Secretary-General in order to resolve the dispute without obtaining the consent of the other party to the dispute. A State Party that does not maintain diplomatic relations with another State Party concerned shall participate in such consultations at its discretion, either directly or through the other State Party or the Secretary-General acting as an intermediary.

The UN Charter gives the parties to a dispute the freedom to choose such peaceful means as they consider most appropriate to resolve the dispute. The practice of discussing this issue at international conferences shows that many states in the system of peaceful means give preference to diplomatic negotiations, through which most disputes are resolved.

Direct negotiations the best way meet the task of quickly resolving an international dispute, guarantee equality of the parties, can be used to resolve both political and legal disputes, best facilitate the achievement of a compromise, make it possible to begin resolving the conflict immediately upon its occurrence, and allow preventing the dispute from growing to such proportions when it may threaten international peace and security.

An analysis of the principle of the peaceful resolution of international disputes, enshrined in the Declaration of Principles of International Law, 1970 and the Final Act of the CSCE, 1975, shows that, despite resistance, it was possible to defend a number of important provisions, which, undoubtedly, are a further development of the relevant provisions of the UN Charter .

Among them is the responsibility of states" make efforts to quickly reach a fair solution based on international law", duty " continue to seek mutually agreed ways to peacefully resolve the dispute"in cases where the dispute cannot be resolved, " refrain from any action that might worsen the situation to such an extent as to jeopardize the maintenance of international peace and security and thereby make a peaceful settlement of the dispute more difficult"All of them must act in accordance with the purposes and principles of the UN Charter. Facts indicate a fairly intensive development of the content of the principle of peaceful resolution of disputes.

The 1972 Convention on International Liability for Damage Caused by Space Objects provides a procedure for the settlement of disputes regarding compensation for damage: if negotiations between the parties to a dispute do not lead to a resolution of the dispute within one year, at the request of either party, the dispute shall be referred to a Review Commission claims with the features of a conciliation, investigative and arbitration body.

The Claims Panel is composed of three members: a Panel member appointed by the claimant State, a Panel Member appointed by the launching State, and a Chairman chosen jointly by the two parties. Each party makes the appropriate appointment within two months from the date of presentation of the request for the creation of a Claims Review Commission. If, within four months from the date of the request for the establishment of the Commission, no agreement has been reached regarding the selection of a chairman, either party may request the Secretary-General of the United Nations to appoint a chairman within a subsequent period of two months.

The principle of cooperation.

The idea of comprehensive international cooperation between states, regardless of differences in their political, economic and social disputes in various areas of maintaining peace and security, is the main provision in the system of norms contained in the UN Charter. It is formulated as a principle in the 1970 Declaration of Principles of International Law.

The main areas of cooperation have been identified:

· maintaining peace and security;

· implementation of international relations in various fields in accordance with the principles of sovereign equality;

· cooperation with the UN and taking measures provided for by its Charter and so on.

From this it is clear that the principle adds little to the content of other principles. This connection is understandable, since the implementation of all principles is possible only through cooperation. Obviously, this is the essence of the principle of cooperation. For example, the Soviet-Indian Delhi Declaration of 1986 stated: " Peaceful coexistence must become the universal norm of international relations: in the nuclear age, it is necessary to rebuild international relations in such a way that cooperation replaces confrontation ."

Today the UN General Assembly emphasizes that " consolidating peace and preventing war is one of the main goals of the United Nations". The International Law Commission emphasized that the main premise on which the international community is based is the coexistence of states, that is, their cooperation.

After the adoption of the UN Charter, the principle of cooperation was enshrined in the charters of many international organizations, in international treaties, numerous resolutions and declarations.

Representatives of some schools of international law argue that the duty of states to cooperate is not legal, but declarative. Such statements no longer correspond to reality. Of course, there was a time when cooperation was a voluntary act of government, but subsequently the demands of developing international relations led to the transformation of a voluntary act into a legal obligation.

With the adoption of the Charter, the principle of cooperation took its place among other principles that must be observed under modern law. Thus, in accordance with the Charter, states are obliged " carry out international cooperation in resolving international problems of economic, social, cultural and humanitarian nature"and also obliged" maintain peace and security and take effective collective action to this end"Of course, specific forms of cooperation and its volume depend on the states themselves, their needs and material resources, internal legislation and assumed international obligations.

The obligation of all states to cooperate with each other naturally presupposes that states will faithfully comply with the norms of international law and the UN Charter. If any state ignores its obligations arising from the generally recognized principles and norms of international law, then this state thereby undermines the basis of cooperation.

The general principle of cooperation established by international law is fully applicable to interstate relations related to the exploration and use of outer space. About the desire to contribute as much as possible comprehensive development States declared international cooperation in space in the preamble of the 1967 Outer Space Treaty, as well as in many articles of this treaty, and this gives grounds to classify cooperation between states in the exploration and use of outer space as one of the basic principles of international space law.

Thus, the Outer Space Treaty of 1967 enshrined the principle of cooperation between states as one of the general principles, the basic principles of international space law. A number of provisions of the 1967 Outer Space Treaty follow from the principle of cooperation and detail it. For example, the obligation to take into account the relevant interests of all other states when carrying out activities in space, not to create potentially harmful interference with the activities of other states, to provide possible assistance to astronauts of other states, to inform all countries about the nature, progress, place and results of their activities in outer space, etc. .d.

The principle of conscientious fulfillment of international obligations.

The principle of conscientious fulfillment of international obligations arose in the form of international legal custom pacta sunt servanda in the early stages of statehood development, and is currently reflected in numerous bilateral and multilateral international agreements.

As a generally accepted norm of behavior of subjects, this principle is enshrined in the UN Charter, the preamble of which emphasizes the determination of UN members " create conditions under which fairness and respect for obligations arising from treaties and other sources of international law can be observed". According to clause 2 of article 2 of the Charter, " all Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter in order to ensure to all of them collectively the rights and benefits arising from membership in the Organization ".

After the obligations under the Charter come the obligations arising from the generally recognized principles and norms of international law. Then there are obligations under contracts valid in accordance with these principles and norms. By highlighting obligations under the Charter and generally accepted norms, the 1970 Declaration of Principles thereby reaffirms the universal character, the generality of international law, and the centrality of general international law, consisting of generally accepted principles and norms.

The development of international law clearly confirms the universal nature of the principle in question. According to the Vienna Convention on the Law of Treaties of 1986, " every valid agreement is binding on its participants and must be carried out in good faith by them". Moreover, " a party may not invoke a provision of its internal law as an excuse for its non-compliance with the treaty ".

The scope of the principle under consideration has expanded noticeably in recent years, which is reflected in the wording of the relevant international legal documents. Thus, according to the Declaration of Principles of International Law of 1970, each state is obliged to fulfill in good faith the obligations assumed by it in accordance with the UN Charter, obligations arising from generally recognized norms and principles of international law, as well as obligations arising from international treaties valid in accordance with generally recognized principles and a norm of international law.

The principle of faithful fulfillment of international obligations applies only to valid agreements. This means that the principle in question applies only to international treaties concluded voluntarily and on the basis of equality.

Any unequal international treaty first of all violates the sovereignty of the state and as such violates the UN Charter, since the United Nations " based on the principle of sovereign equality of all its Members"who, in turn, accepted the obligation" develop friendly relations between nations based on respect for the principle of equality ".

It should be considered generally accepted that any treaty contrary to the UN Charter is invalid and no state can invoke such a treaty or enjoy its benefits. This provision corresponds to Art. 103 of the UN Charter. In addition, any agreement cannot contradict a peremptory norm of international law, as defined in Art. 53 Vienna Convention on the Law of Treaties.

I note that the principle in question is enshrined in the legislation of the Russian Federation. The Law of the Russian Federation “On International Treaties of the Russian Federation” dated June 16, 1995 states: “The Russian Federation stands for strict compliance with treaty and customary norms, confirms its commitment to the fundamental principle of international law - the principle of conscientious fulfillment of obligations under international law.”

As an element of the principle under consideration, the principle of good faith obliges us to conscientiously ascertain the factual circumstances, interests of states and the international community within the scope of application of the norm; conscientiously select the standards to be applied; ensure real compliance of the implementation of norms with their letter and spirit, international law and morality, as well as other obligations of the subjects; prevent abuse of rights. Compliance with good faith also means not facilitating the violation of norms by other states.

Conscientious fulfillment of obligations is based on reciprocity. Anyone who violates a norm should not claim to enjoy the rights arising from it. Let us remember that deprivation of the opportunity to enjoy the rights arising from the norm is the main type of reprisal.

The content of the principle under consideration is largely determined by its relationship with other basic principles. The latter determine the characteristic features of the process of fulfilling obligations. It must proceed without the threat or use of force when this is incompatible with the UN Charter. Disputes are resolved through peaceful means. The implementation of norms occurs through cooperation on the basis of sovereign equality. According to the principle of liability, failure to fulfill obligations entails liability.

The Treaty imposes a number of obligations on states:

· promote international cooperation in scientific space research;

· carry out activities for the exploration and use of space in accordance with international law, including the UN Charter, in the interests of maintaining international peace and security and developing international cooperation and mutual understanding;

· provide assistance to astronauts of other states in case of distress and emergency landing (anywhere outside the launching state) and immediately return them to the launching state;

· immediately inform other states or the UN Secretary General about identified space phenomena that could pose a danger to the life or health of astronauts;

· bear international responsibility for the activities in space of their governmental bodies and non-governmental legal entities;

· bear international responsibility for damage caused by space objects;

· return to the launching state, at its request, space objects discovered anywhere outside the launching state;

· take into account the relevant interests of other states when exploring space;

· take measures to avoid harmful space pollution and adverse changes in the earth’s environment;

· conduct international consultations before conducting an experiment that is fraught with harmful consequences;

· consider on an equal basis requests from other states to provide them with the opportunity to monitor the flight of space objects (i.e., to locate observation stations);

· to the maximum possible and practicable extent, inform the UN Secretary-General, the public and the international scientific community about the nature, location, progress and results of their space activities;

· open, on the basis of reciprocity, all stations, installations and spacecraft on celestial bodies to cosmonauts of other states.

The agreement prohibits:

· proclaim sovereignty over outer space and celestial bodies and carry out their national appropriation or occupation;

· launch into orbit (place in space) and install on celestial bodies any objects with nuclear weapons or other types of weapons mass destruction;

· use the Moon and other celestial bodies for non-peaceful purposes;

· appropriate space objects of other states, regardless of where they are found.

As can be seen, rights and obligations arise from the Treaty both for states launching space objects and for other states.

The principle of international legal responsibility.

The responsibility of international organizations arises from their violation of international obligations arising from treaties and other sources of international law. The issue of responsibility of international organizations is reflected in some international treaties. Thus, treaties on the exploration and use of outer space establish the responsibility of international organizations engaged in space activities for damage caused by these activities (Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967; Convention on International Liability for Damage Caused by Space Objects, 1972).

International legal responsibility is a complex, multifaceted phenomenon that, first of all, it is a principle of international law (although it is not enshrined in the UN Charter), according to which any unlawful act entails the responsibility of the guilty party under international law, and which is obliged to eliminate the consequences harm caused to another subject of international law. The UN International Law Commission stated that responsibility “is one of the principles confirmed in the greatest number of cases by state practice and judicial practice, and most firmly established in the legal literature.”

Responsibility is generated by an internationally wrongful act, the elements of which are:

· subjective element - the presence of guilt of a given subject as such (not certain individuals, but the state as a whole);

· objective element - violation by the subject of its international legal obligations.

The objectives of the principle of responsibility are:

· restrain a potential offender;

· encourage the offender to properly fulfill his duties;

· provide the victim with compensation for material or moral damage caused to him;

· influence the future behavior of the parties in the interests of conscientious fulfillment of their obligations.

Responsibility lies with the state as a whole. It is responsible not only for the actions of its bodies and officials, but also for the activities of individuals and legal entities under its jurisdiction. The obligation of the state to ensure the implementation of international law by all its bodies is generally recognized.

For obvious reasons, international space law places particular emphasis on liability for space activities. The 1967 Outer Space Treaty established the general rule that states bear responsibility for violations of international space law, regardless of whether the space activities are carried out by government agencies or non-governmental legal entities of the state. It must ensure that these activities comply with international law. Even if an international organization carries out activities in space, responsibility is borne jointly (solidarily) by both the organization itself and the states participating in it.

The 1972 Convention on International Liability for Damage Caused by Space Objects deals with issues of liability for damage caused by space objects. It established the absolute liability of the launching state for damage caused by its space object on the surface of the Earth or to an aircraft in flight (Article 2). Consequently, the state is liable for damage regardless of whether it is at fault. This is one example of international source responsibility increased danger. The peculiarity of this Convention is that it gives the injured party the opportunity to choose: to file a claim in a national court or to bring a claim directly to the state concerned.

On this basis, Canada in 1978 filed a claim against the USSR for damage caused to it by the fall of the Soviet satellite. Interestingly, the Canadian government not only referred to the 1972 Convention, but also stated that “the principle of absolute liability applies in areas of high risk activity” and is “seen as general principle international law". The Soviet government paid compensation.

If damage is caused not on the surface of the Earth, but in outer space or airspace, to a space object of one state by the same object of another, then the latter is liable only if there is fault. When several states are involved in a launch, they all bear joint responsibility. The Convention does not apply to cases of liability for damage to citizens of the launching state, as well as to foreigners participating in the launch.

Issues of liability are resolved at the interstate level, even if damage is caused to individuals and legal entities. The claim for damages is submitted through diplomatic channels and, if no settlement is reached, referred to the Claims Commission. Each party nominates one member, who elect a third. The commission makes a determination of a recommendatory nature, unless the parties agree otherwise.

Issues of liability for damage caused by activities in space are of great importance. These activities can have an impact on the environment and result in loss of life and property.

The principle of environmental protection.

International legal environmental protection is a set of principles and norms of international law that make up a specific branch of this system of law and regulate the actions of its subjects (primarily the state) to prevent, limit and eliminate damage to the environment from various sources, as well as in a rational, environmentally sound use of natural resources.

The concept of "environment" covers a wide range of elements associated with the human condition. They are distributed across three main objects:

natural objects ( alive) environment ( flora, fauna);

objects of the inanimate environment ( marine and freshwater basins - hydrosphere), air pool ( atmosphere), the soil ( lithosphere), space;

· objects of the “artificial” environment created by man in the process of his interaction with nature.

A new concept that proposes changes to traditional approaches to environmental protection has become the concept of environmental safety, which is designed to promote the sustainable and safe development of all states. It cannot be achieved unilaterally and requires cooperation between states.

Environmental safety is a complex, interconnected and interdependent system of the planet’s environmental components, as well as the preservation and maintenance of the existing natural balance between them.

The legal content of the principle of environmental safety is the obligation of states to carry out their activities in such a way as to eliminate the increasing impact of environmental stresses at the local, national, regional and global levels. Any activity must be carried out in such a way as to prevent damage not only to other states, but also to the entire international community as a whole.

According to the Moon Agreement of 1979, the Moon and its natural resources are the common heritage of mankind. The parties to this agreement pledged to establish an international regime for the exploitation of the Moon's natural resources when the possibility of such exploitation becomes a reality.

Increasingly active activities in space by a growing number of states and international organizations have an impact on the space environment. In recent years, the problem of space debris has attracted the greatest attention in this regard. Its essence lies in the fact that as a result of the launch and operation of various objects in space, a large number of useless objects appear and accumulate:

· spent shunting stages and engines;

· various protective shells;

· peeling paint particles and others.

It should be taken into account that, firstly, due to the laws of orbital mechanics, such objects rotating around the Earth at sufficiently high space orbits, will remain on them for many years before entering the dense layers of the atmosphere, and, secondly, the enormous speeds of movement of objects in space turn even the smallest object into " bullet", a collision with which a functioning space object is fraught with fatal consequences for it.

According to many scientists, space debris is beginning to pose a growing danger to space objects, including manned ones. Question about space debris included on the agenda of the Scientific and Technical Subcommittee of the Committee on Outer Space in order to, having studied the scientific and technical aspects of this problem, develop appropriate legal measures that would complement and specify the general obligation to avoid harmful pollution of outer space established by the Outer Space Treaty.

In the Agreement on the Activities of States on the Moon and Other Celestial Bodies, Article 7 states that: " In exploring the use of the Moon, the parties must take measures to prevent the destruction of the existing balance of the environment. The parties also take measures to avoid harmful impacts on the Earth's environment. The parties must notify in advance Secretary General United Nations about all the radioactive materials they have placed on the Moon and the purposes of such placements."

Chapter 3. Industry principles of international space law.

Despite the relatively young age of international space law, it already has legal (industry) principles that have formed as a custom.

These principles were formed on the basis of the practice of space activities and as a result of universal recognition by the international community. The fact that both of these principles were subsequently enshrined as treaty norms in the Outer Space Treaty does not change the essence of the matter, since they continue to be legally binding for all participants in international communication as an international legal custom.

Underlying these principles, in accordance with the 1967 Outer Space Treaty, are the following rights of states:

* carry out the exploration and use of outer space and celestial bodies without any discrimination on the basis of equality, with free access to all areas of celestial bodies;

* freely carry out scientific research in outer space and on celestial bodies;

* use any equipment or facilities and military personnel for scientific research of celestial bodies or any other peaceful purposes;

* maintain jurisdiction and control over launched space objects and their crews, as well as ownership of space objects, regardless of their location;

* request consultations with a state planning an activity or experiment in space when there is reason to believe that it will create potentially harmful interference with the peaceful use and exploration of space by other states;

* make requests for the opportunity to monitor the flight of their space objects (with a view to concluding agreements on the placement of tracking stations on the territories of other states);

* the right to visit (on the basis of reciprocity and after prior notice) all stations, installations and spacecraft on celestial bodies.

These principles provide the opportunity for states to use the results of space research in the field of studying the physical properties of outer space, space meteorology, space biology and medicine, space communications, and the study of the natural environment using space means in various sectors of the national economy.

Supported by these principles, space activities make a significant contribution to the promotion of mutually beneficial multilateral cooperation in the field of science and technology, providing unlimited opportunities for the cooperation of states through the exchange of research results, joint work in the field of exploration and use of outer space for peaceful purposes.

The great prospects opening up for humanity as a result of human penetration into space, combined with universal interest in the process of exploration and use of outer space, makes such cooperation an important tool for developing mutual understanding and strengthening friendly relations between states.

In most cases, sectoral principles, as well as the basic principles of international space law, are negotiable.

The principle of help.

According to the 1967 Outer Space Treaty, astronauts are considered "ambassadors of humanity in space." According to the majority of lawyers, this provision is more of a solemn declarative rather than a specific legal nature and should not be interpreted as granting the cosmonaut the supranational status of a certain “citizen of the world.”

Specific characteristics of the legal status of astronauts and space objects (meaning objects of artificial origin) are fixed in international treaties.

There is such a principle as providing all possible assistance to astronauts in the event of an accident, disaster, forced or unintentional landing on foreign territory or on the high seas. In these situations, astronauts must be safe and promptly returned to the state in whose registry their spacecraft is registered. When carrying out activities in space, including celestial bodies, cosmonauts of different states must provide each other with possible assistance.

States are obliged to urgently inform about phenomena they have identified in outer space that could pose a danger to the life or health of astronauts. The crew of a spacecraft while in outer space, including on a celestial body, remains under the jurisdiction and control of the state in whose register the spacecraft is entered.

Ownership rights to space objects and their component parts remain unaffected while they are in outer space, on a celestial body or upon return to Earth. Space objects discovered outside the territory of the state that launched them must be returned to it. However, if the above-mentioned obligation to return the astronauts to the state that launched the spacecraft is unconditional, and that state is not obliged to reimburse the costs incurred in conducting the search and rescue operation of its astronauts, then the obligation to return space objects or their components to the launching state is not unconditional: for the return space objects or their component parts, the launching state requires that the given state, firstly, request it and, secondly, provide identification data upon request. Expenses incurred during the operation to detect and return a space object or its components to the launching state are covered by that state.

Principle of registration.

Under the 1975 Convention on the Registration of Objects Launched into Outer Space, each launched object must be registered by entering a national registry. The UN Secretary-General maintains a Register of Space Objects, which records data submitted by launching States for each space object.

When a space object is launched into orbit around the Earth or further into outer space, the launching state registers the space object. If, with respect to any such object, there are two or more launching States, they shall jointly determine which of them will register the object. The contents of each register and the conditions for its maintenance are determined by the relevant state.

Each State of Registry shall submit to the UN Secretary-General, as soon as reasonably practicable, the following information regarding each item entered in the Register:

· circulation period,

· inclination,

apogee

perigee,

· general purpose of the space object.

If the application of the provisions of this 1975 Convention has not enabled a State Party to identify a space object which has caused damage to it or any of its persons or entities, or which may be of a dangerous or harmful nature, other States Parties, including, in particular, States having the means surveillance and tracking of space objects, respond to the maximum extent possible to a request from that State Party or submitted on its behalf through the Secretary-General for assistance in identifying an object, provided on fair and reasonable terms. The State Party making such a request shall provide, to the maximum extent possible, information regarding the time, nature and circumstances of the events giving rise to the request. The terms of assistance are subject to agreement between the parties concerned.

Principles in applied types of space activities.

Applied space activities are usually called those types of space activities that have direct practical significance on Earth. The need for their international legal regulation is predetermined by the global nature of the consequences of these types of activities.

According to UN General Assembly resolution 1721 (16) of December 20, 1961, satellite communications should be made available to all states on a worldwide basis that excludes discrimination.

Coordination of the operation of all satellite telecommunication systems in order to prevent mutual interference and ensure efficient operation is carried out within the framework of the International Telecommunication Union (ITU).

In Art. 44 of the 1992 Constitution of the International Telecommunication Union states that when using frequency bands for radiocommunications, ITU members take into account that the frequencies and orbit of geostationary satellites are limited natural resources that must be used efficiently and economically to ensure equitable access to that orbit and those frequencies, taking into account special needs of developing countries and geographical location some countries.

The creation of technology that makes it possible to study a signal from a communications satellite that can be received directly by individual television receivers has led to the need for legal regulation of international direct television broadcasting (MNTV).

In 1982, the UN General Assembly adopted the Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting. According to this document, the MNTV service can be created only on the basis of agreements or arrangements between the state receiving MNTV broadcasts. Further practice recognizes the admissibility of MNTV without special agreements.

The possibility of photographing the earth's surface from space and obtaining data about the earth's surface by processing the rays reflected by it, which are received by satellite equipment, has given rise to the need for international legal regulation of activities on remote sensing of the Earth (ERS) and the use of remote sensing data. With the help of remote sensing, you can determine the state of the elements of the Earth's land, ocean and atmosphere, study the Earth's natural resources, anthropogenic objects and formations. A type of remote sensing is also space monitoring of compliance with arms limitation and disarmament treaties.

In 1986, the UN General Assembly adopted the Principles Concerning Remote Sensing from Outer Space. According to these principles, probing foreign territories from space is legal and states should promote the development of international cooperation in this area. Sensing States shall provide to probed States raw data and processed information relating to the latter's territories. Probing States must enter into consultations with the States whose territory is being probed, at the request of the latter.

In 1992, the UN General Assembly adopted the Principles Relating to the Use of Nuclear Power Sources in Outer Space. This document is based on the practical feasibility of using nuclear energy sources on board space objects. At the same time, states must make efforts to protect people and the biosphere from radiological hazards. Nuclear energy sources can be used during interplanetary flights and in sufficiently high orbits, and in low Earth orbits - provided that spent objects are stored in sufficiently high orbits. An expert assessment of the safety of nuclear power sources is provided before they are launched into space. The results of the pre-launch assessment must be published and reported to the UN Secretary-General. Information is also provided if there is a risk of radioactive materials returning to Earth.

States bear international responsibility for all national activities involving nuclear power sources in space. States also bear financial liability for damage. At the same time, the concept of damage includes reasonable costs for carrying out operations to search, evacuate and clear contaminated areas.

Conclusion.

The level of spontaneity in international life is unacceptably high. An interconnected, united world is emerging as if by touch. As in the past, many problems are solved by trial and error, which is fraught with serious danger.

One of the main and necessary tools for managing international relations is international law. The need for a reliable international legal order is determined by the fact that arbitrariness threatens peace and impedes cooperation. No one can have a monopoly on decision making. States have an equal right to participate in solving international problems affecting their interests.

International space law in this sense is no exception to the general rule. Strict adherence by all states to the principles of international space law is the most important condition for the further successful development of relations in the exploration and use of space.

While still remaining a little-studied area of human knowledge, space, nevertheless, represents a grandiose field of activity. It is difficult to overestimate the exceptional importance of space activities for humanity, because even the most daring forecasts and expectations related to space are not able to give even the slightest idea of what benefits human activity in space can bring. Backed up and secured by legal norms, this activity will serve to ensure the vital interests of the individual, the people, the state and the entire international community, helping to strengthen cultural, political, economic and other ties between countries and people

List of used literature.

I. Regulatory material 1.1. International law.
1.1.1.	Declaration of Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, 1970. Public International Law. Collection of documents. T.1. M. BECK. 1996.
1.1.2.	Final Act of the CSCE of August 1, 1975. - International public law. Collection of documents. T. 1. M. BEK. 1996.
1.1.3.	UN Charter of June 26, 1945. - International public law. Collection of documents. T. 1. M. BEK. 1996.
1.2. International space law.
1.2.1.	Treaty on the principles governing the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies. 1967
1.2.2.	Law of the Russian Federation on space activities of 1993. As amended and supplemented in 1996.
Convention concerning the International Organization of Maritime Satellite Communications (INMARSAT) of September 3, 1976.
1.2.3.	Convention on International Liability for Damage Caused by Space Objects. 1977
1.2.4.	Convention on International Liability for Damage Caused by Space Objects. 1972
1.2.5.	Convention on the Registration of Objects Launched into Outer Space. 1975
1.2.6.	Principles Relating to the Use of Nuclear Power Sources in Outer Space of December 14, 1992.
1.2.7.	UN General Assembly Resolution 1962 (XVIII) "Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space. 1963
1.2.8.	UN General Assembly Resolution 37/92 "principles for the use by States of artificial Earth satellites for international direct television broadcasting. 1982
1.2.9.	Agreement between the Government of the Russian Federation and the Government of Japan on cooperation in the field of research and use of outer space for peaceful purposes. 1993
1.2.10.	Agreement between the Government of the USSR and the European Space Agency on cooperation in the field of research and use of outer space for peaceful purposes. 1990
1.2.11.	Agreement between the USSR and the USA on cooperation in the exploration and use of outer space for peaceful purposes. 1977
1.2.12.	Agreement on the activities of states on the Moon and other celestial bodies. 1979
1.2.13.	Agreement on cooperation in the exploration and use of outer space for peaceful purposes. 1977
1.2.14.	Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space. 1968
II. Special literature
2.1.	Brownlie Ya. International law. In 2 vols. M., 1977
2.2.	Vereshchetin V.S. International cooperation in space: legal issues. - M., 1977
2.3.	Current international law. In 3 volumes - volume 3. - M., 1997. - sect. XXII.
2.4.	Zhukov G.P. Space and peace. M., 1985
2.5.	Kolosov Yu.M. Stashevsky S.G. The fight for peaceful space. Legal issues. - M., 1984
2.6.	International Law Course. In 7 vols. M., Science. 1989-1993
2.7.	Lukashuk I.I. International law. In 2 volumes - M.,: BEK, 1997
2.8.	International space law. Ed. Piradova A.S. - M., 1985
2.9.	International law. Ed. Tuchkina G.I. M., Legal literature, 1994
2.10.	International law. Ed. Ignatenko G.V. M., Higher School, 1995
2.11.	International law. Ed. Kolosova Yu.M. M., International Relations, 1995
2.12.	International law. Ed. Kolosova Yu.M. M., International Relations, 1998
2.13.	Postyshev V.M. Space exploration and developing countries (international legal problems) - M., 1990
2.14.	Dictionary of international space law. - M, 1992
2.15.	Encyclopedic legal dictionary. - M.,: INFRA - M, 1997

Wolfke K. Custom in Present International Law. Wroslaw, 1964. P.95

Detter de Lupis l. The Concept of International Law. Stockholm. 1987. P. 90

Lukashuk I.I. International law. T.2. M. 1997. P. 149.

International law. M. 1998. P. 561.

Kolosov Yu.M. The fight for peaceful space. M., 1968.

International public law. Collection of documents. T. 1. M. 1996. P.1.

Decision of the Court of European Communities of December 12, 1972 // International Law Reports. 1979.Vol. 53.P.29.

International public law. Collection of documents. T. 2. M. 1996. P. 354.– a branch of international law, which is a set of legal norms and principles aimed at regulating the use of outer space, legal status space objects and astronauts.

Space

Subjects of international space law

Sovereign states;
International intergovernmental organizations;
International law allows legal entities to carry out space activities, but they are still not subjects of space law, since their activities are strictly regulated by states.

Objects of space law

Space;
Celestial bodies;
Artificial space objects;
Astronauts;
Results of practical space activities.

Sources of space law

UN Charter;
Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies;
and etc.

International legal regime of outer space and celestial bodies

Space- space outside the Earth's air sphere.

According to international treaties, the use of outer space and celestial bodies must be carried out only for peaceful purposes and in the interests of all mankind:

The sovereignty of individual states cannot extend to outer space, celestial bodies, including the Moon;
Participants in space activities are guided by the principles of cooperation and mutual assistance in the exploration of outer space, celestial bodies and the implementation of practical activities in space;
When carrying out space activities, states participants inform the UN Secretary-General, the public and the international community about their activities related to the use and exploration of the Moon (launch time, duration of research, activities). When carrying out research on the Moon, participating states can collect samples of mineral substances and export them. States can carry out research activities on the Moon anywhere on its territory (movement is not limited);
At the same time, states retain ownership of space objects and objects built on celestial bodies;
It is also prohibited to launch any types of weapons of mass destruction into Earth orbit and into outer space and install such weapons on celestial bodies. The creation of Military bases on the Moon and other celestial bodies and the testing of any types of weapons are prohibited.

International legal regime of space objects. Legal status of astronauts

The state in which a space object launched into outer space is registered retains jurisdiction and control over such object and its crew.

The 1975 Convention on the Registration of Space Objects Launched into Outer Space requires a state to register:

inclusion of a space object in the national register and in the register of the UN Secretary General;
applying markings, which can later be used to identify the object or its parts if they are found outside the state of registration.

Astronauts are considered as ambassadors of humanity in space and are provided assistance in the event of an accident, disaster or forced landing on the territory of the landing state, as well as return the astronauts to the state of their citizenship.

Features of international legal liability for damage caused to space objects

States bear absolute international responsibility for national activities in outer space and celestial bodies, including the Moon. If the launch of a space object was carried out jointly by two or more states, they bear joint liability for any damage caused by such an object.

In case of damage, the state that caused it must pay full compensation for the damage caused by its space object to other space objects or the surface of the Earth.

If one space object causes damage to another space object, then the entity through whose fault this occurred is liable.

In all cases of joint and several liability, the burden of compensation for damages is distributed between the two launching States in proportion to their degree of fault.

Liability is realized through a claim. A claim for compensation for damage is made to the launching State through diplomatic channels. If there are no diplomatic relations between the states, the claim can be made with the help of a third state or through the UN Secretary General.

By general rule, the claim must be made within one year from the date the damage occurred or the responsible (launching) State was identified. In some cases, it is possible to file a claim within a year from the date on which the injured State became aware of the damage caused to it.

In modern international law, it has been formed new industry– international space law. The subject of this branch is: relations regarding celestial bodies and outer space; artificial space objects, the legal status of astronauts, ground-based space systems, as well as space activities in general.

International treaties serve as the main sources of international comic law, namely:

Treaty on Principles for the Activities of States in the Use and Exploration of Outer Space, Including the Moon and Other Celestial Bodies (Moscow, Washington, London, January 27, 1967);
Convention on International Liability for Damage Caused by Space Objects (Moscow, London, Washington, March 29, 1972);
Agreement on the rescue of astronauts, the return of objects and the return of astronauts launched into outer space (Moscow, London, Washington, April 22, 1968);
Convention on the Registration of Objects Launched into Outer Space (November 12, 1974);
Agreement concerning the Activities of States on the Moon and Other Celestial Bodies (December 5, 1979);
bilateral and regional agreements between states, international organizations and states.

The Treaty Banning Tests of Nuclear Weapons in the Atmosphere, Under Water and in Outer Space (Moscow, August 5, 1963) played a huge role in the regulation of outer space and its legal regime.

Participants in international legal relations regarding the use space technology and activities in outer space, in this case, are subjects of international space law. States are the main subjects, since they carry out the majority of all space activities.

International organizations, in accordance with their vested powers, are classified as secondary subjects of international law. Examples include the International Satellite Organization and others. In space activities, many treaties may establish different conditions for the participation of international organizations.

For example, in accordance with the 1972 Convention, in order for an international organization to enjoy certain rights and bear obligations arising from this Convention, additional conditions must be met:

a majority of the organization's members must be parties to the 1967 Outer Space Treaty;
the international organization must formally declare that it accepts all obligations under this Convention;
The organization itself must independently implement space activities.

Non-governmental organizations, that is, legal entities, can also take part in space activities, since international space law does not exclude this possibility. But since such enterprises do not have the right to directly participate in the creation of legal norms, then, accordingly, they cannot be subjects of international law. When the state signs contracts with large corporations, it is just a civil agreement, and not an international treaty. With such entities, space activities are carried out “under the strict supervision and with the permission of the relevant state,” which is responsible and liable for the activities of these legal entities.

Several sectoral principles have been formed in international space law:

freedom to use and explore celestial bodies and outer space;
prohibition on national appropriation of celestial bodies and outer space;
responsibility of states for space activities;
non-damage to celestial bodies and outer space.

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6. International legal status of the subjects of the federation

7. The problem of legal personality of individuals and legal entities

2. International treaty

3. International legal custom

4. Acts of international conferences and meetings. Mandatory resolutions of international organizations

V. Recognition and succession in international law

1. Recognition in international law

2. Forms and types of recognition

3. Succession in international law

4. Succession of states in relation to international treaties

5. Succession of states in relation to state property, state archives and state debts.

6. Succession in connection with the dissolution of the USSR

VI. Territories in international law

1. The concept and types of territories in international law

2. State territory and state border

3.International border rivers and lakes

4. Legal regime of the Arctic

5. Legal regime of Antarctica

VII. Peaceful means of resolving international disputes

1. The concept of international disputes

2. Peaceful means of resolving international disputes:

3. International conciliation procedure

4. International judicial procedure

VIII. Responsibility and sanctions in international law

1. Concept and basis of international legal responsibility

2. Concept and types of international offenses

3. Types and forms of international legal responsibility of states

4. International criminal liability of individuals for crimes against peace and humanity

5. Types and forms of international legal sanctions

IX. Law of international treaties

1 Concept and types of international treaties

2. Conclusion of international treaties

3. Validity of contracts

4. Conclusion, execution and termination of international treaties of the Russian Federation

Federal Law of July 15, 1995 N 101-FZ

“On international treaties of the Russian Federation”

X. Law of international organizations

2. United Nations (UN)

UN Secretaries General

3. UN specialized agencies

4. Regional international organizations

5. Commonwealth of Independent States (CIS).

Growth in the number of UN members in 1945-2000

XI. Diplomatic and consular law

1. The concept of the law of external relations. Bodies of foreign relations of states

2. Diplomatic missions

3. Consular missions

Privileges and immunities of consular missions

4. Permanent missions of states to international organizations. Special Missions

XII. International humanitarian law

1. The concept of international humanitarian law

2. The concept of population in international law.

3. International legal issues of citizenship. Legal status of foreigners.

Acquiring citizenship

Simplified procedure for acquiring citizenship

Termination of citizenship

Double citizenship

Legal status of foreigners

4. International legal protection of the rights of women and children. Protection of human rights during armed conflicts. International legal regime of refugees and internally displaced persons

Protection of human rights during armed conflicts

XIII. International law in times of armed conflict

1. Law of wars and armed conflicts

2. Types of armed conflicts. Neutrality in war

3. Participants in hostilities. Regime of military captivity and military occupation

4. Limitation of means and methods of warfare

XIV. International Security Law

The universal system of collective security is represented by the UN

Measures to prevent the arms race and disarmament

XV. International cooperation in the fight against crime

2. Legal assistance in criminal cases. The procedure for providing legal assistance

3. International organizations in the fight against crime

4. Combating certain types of crimes of an international nature

XVI. International maritime law. International air law. International space law

1. Inland waters. Territorial sea. Open sea.

2. Continental shelf and exclusive economic zone.

3. International air law

4. International space law.

In recent years - the years of scientific and technical progress - one of the leading sectors of the national economy is space. Achievements in space exploration and exploitation are one of the most important indicators of a country's level of development.

Despite the fact that this industry is very young, the pace of its development is very high, and it has long become clear that the research and use of outer space is now unthinkable without broad and diverse cooperation between states.

Why is legislative regulation of space exploration activities necessary? Firstly, the global nature of such activities and their consequences, secondly, to ensure the most favorable conditions for business cooperation between states and, thirdly, to regulate specific relations between states that arise when they conduct joint scientific and technical activities.

Solving the problems of states' activities in space is possible only as a result of international cooperation, and it is precisely such cooperation of states in the exploration of outer space that led to the formation of a special branch of international law - international space law (ISL).

Concept and essence.

From the very beginning of space activities, it turned out that any of its types can affect the interests of one or more foreign states, and most types of space activities affect the interests of the entire international community. This entailed the need to introduce the concepts of “legal space activity” and “illegal space activity” and, in addition, to establish a certain procedure for carrying out space activities that are permissible from the point of view of international communication. For the first time, recognition that international legal relations may arise in the process of space activities was already contained in the resolution of the UN General Assembly of December 13, 1958, which noted the “general interest of mankind in outer space” and the need to discuss within the UN the nature of “legal problems that may arise during space exploration programs.

This resolution, “The Question of the Use of Outer Space for Peaceful Purposes,” talks about both the legal status of outer space and the nature of space activities (the desire to use outer space only for peaceful purposes, the need for international cooperation in a new area).

Therefore, the 1967 Outer Space Treaty establishes not only the regime of outer space, but at the same time defines the rights and obligations of states in the process of activities not only in space itself, but also in other environments, if their activities there are related to the exploration and use of space. That. international space law is a branch of international law that regulates legal relations arising in the course of the activities of the world community in space exploration, as well as legal relations in all other environments directly related to space exploration activities.

There is no doubt that there is an inextricable connection between law and foreign policy. Closely related to issues of foreign policy and space exploration. The guiding principle in the conduct of foreign policy by states in any field today should be general international legal principles.

Such principles were of particular importance for space activities during the period when the ICP was in the initial stage of its formation. The absence of special principles had to be compensated by the application of general principles.

From the very beginning of the birth of the science of International Space Law, most lawyers proceeded from the fact that the basic principles and norms of international law also apply to space activities. As for its specificity, it must be taken into account in special norms, which may constitute a new branch of international law, but by no means an independent legal system.

One of the main principles is the principle of equality of states. In relation to space activities, this principle means the equality of rights of all states both in the implementation of space activities and in resolving legal and political issues arising in connection with its implementation. The principle of equal rights is reflected in the Outer Space Treaty, the preamble of which states that the exploration and use of outer space should be aimed at the benefit of all peoples, regardless of the degree of their economic or scientific development, and the treaty itself establishes that outer space is open to exploration and use by all States, without discrimination of any kind, on the basis of equality and in accordance with international law, with free access to all regions of the celestial bodies.

The principle of the prohibition of the use of force and the threat of force in international relations also applies to the space activities of states and the relationships arising in this regard between them. This means that space activities must be carried out by all states in such a way that international peace and security are not threatened, and all disputes on all issues related to space exploration must be resolved peacefully.

So, the commonality of the principles of the ICL and international law allows us to assert that the first is an integral part of the second as a single whole. The specificity of the principles and norms of the ICL does not make it possible to identify it with other branches of international law. This determines the role and place of the MCP in common system international law.

The goals, method of regulation and sources of the ICL and general international law are identical. The purpose of the ICP is to ensure and maintain international peace, security and cooperation of states, protect the sovereign rights of states and the interests of all humanity by regulating the relationships of subjects of international law in the space field.

Sources

The method of legal regulation is the same for the ICP and international law. This method is the coordination of the wills of states regarding the content of a specific rule of conduct and recognition of it as legally binding. This implies the identity of the sources of the ICL and international law. They are international treaty and international custom.

The shaping process in MCP has two features. The first feature is that it takes place mainly within the framework of the UN. The second characteristic feature is that in most cases the adoption of norms either precedes practice or occurs simultaneously with it, and does not follow practice, as is the case in other branches of international law.

The main role in the process of formation of ITCP norms belongs to the international treaty. In the Outer Space Treaty of 1967, only the main, basic principles and norms of the ICP were enshrined. With the development of space science and further penetration into space, certain provisions of space law were specified in special agreements, in particular, in the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space and the Convention on International Liability for Damage Caused by Space Objects and in others.

Also, the contractual sources of the ICP include various agreements on cooperation between states in space exploration. These agreements of a special nature are based on the principles and norms common to the International Communist Party, enshrined in the Outer Space Treaty and these general agreements.

Another type of sources is custom. International custom is a rule of behavior that, as a result of constant systematic application, is recognized as legally binding by subjects of international communication.

Despite the relatively young age of space law, it already has legal principles that have formed as a custom. These are 2 fundamental principles - freedom of exploration and use of outer space and celestial bodies. These principles were formed on the basis of the practice of space activities and as a result of universal recognition by the international community. The fact that both of these principles were subsequently enshrined as treaty norms in the Outer Space Treaty does not change the essence of the matter, because they continue to be legally binding for all participants in international communication as an international legal custom.

Resolutions of the UN General Assembly are advisory in nature, however, adopted unanimously, they express the agreed positions of states regarding a certain course of action, which is desirable for the international community as a whole.

The Statute of the International Court of Justice classifies judicial decisions and doctrines of the most qualified specialists as auxiliary sources of international law. But it should be noted that issues related to the use and research of outer space and celestial bodies have not yet been the subject of consideration in the International Court of Justice or arbitration courts, because So far, no practical disputes have arisen between states regarding the application or interpretation of the provisions of the ICL.

The second auxiliary source is the works of the most qualified lawyers, specialists in the field of public international law, and primarily the International Communist Party.

Peculiarities

As a separate branch of international law, the ICL has a number of characteristic features. The group of features relating to outer space includes: 1) in outer space there are celestial bodies, the territories of which do not belong to anyone and can be used by humans in the future, 2) space is practically limitless, 3) in contrast to land territory, the World Ocean and airspace, outer space cannot be divided into any zones in the process of its use, 4) outer space poses a particular danger to human activity in it.

The group of features related to space activities include: 1) the use of space for military purposes represents an incomparable danger, 2) all states without exception are interested in the results of space activities, and at present only a few of the most developed countries can carry them out independently. scientific and industrial relations of states, 3) the launch of spacecraft and their return to earth may be associated with the use of the airspace of foreign states and open seas, 4) space launches can cause damage to foreign states and their citizens.

And finally, with regard to the specific features of legal norms themselves. I have already mentioned two of them concerning the process of formation; in addition, there is a clear tendency to regulate all issues of the International Communist Party in separate conventions and agreements, each of which has its own area of regulation. Legal issues are resolved primarily through the UN Committee on Outer Space, while in the law of the sea they are resolved through conferences. Despite the very close connection between space law and ecology, lawmaking here lags significantly behind other branches of international law.

Such specificity of the norms and principles of space law is justified by the peculiarities of outer space itself as a new sphere of human activity, as well as by the peculiarities of space activities, which differ significantly from activities in any other field.

Subjects

The implementation of any activity affecting the interests of other states inevitably leads to the emergence of international legal relations and the bearers of the corresponding rights and obligations in such cases are subjects of international law.

So, the subject of the ICP is understood as a participant, incl. potential, international legal relations regarding activities in outer space or the use of space technology. There are 2 types of subjects in the MCP. The main subjects are sovereign states as bearers of international rights and obligations. At the same time, the international legal personality of the state does not depend on any act or expression of the will of other participants in international relations.

Secondary - derivative - entities are international organizations created by states and legally operating. The scope of the legal personality of such international organizations is limited, and it is determined by the will of their member states and is fixed in the international treaty on the basis of which they are established. At the same time, some international organizations, by virtue of their legal personality, can be subjects of international space legal relations (INMARSAT, INTELSAT, ESA), while others are only subjects of international legal relations, because their Charters do not provide them with special competence.

So, the significant difference between the subjects is that sovereign states are ipso facto subjects of the ITUC, and international organizations are only derivative subjects.

There are 4 conditions that intergovernmental organizations must meet in order to be a subject to the main Agreements and Conventions in the field of ITUC: 1) the organization must formally declare its acceptance of the rights and obligations under the relevant agreement, 2) the majority of member states of this organization must be parties to the relevant agreement, 3) the majority of member states of this organization must be parties to the 1967 Outer Space Treaty, 4) the organization must carry out space activities. However, this may not be enough: under the Liability Convention, the Registration Convention and the Moon Agreement, the rights and obligations of organizations are significantly (or insignificantly) limited.

There is a point of view that individuals can be considered subjects of the MCP. For example, Article V of the Outer Space Treaty uses the expression “humanity’s messenger into space,” but this does not mean recognizing an individual as a subject of the ICP, because under Article VIII, the state of registration of a space object retains full jurisdiction and control over such an object and its crew.

The ITUC does not exclude the possibility of non-governmental organizations carrying out space activities (Article VI of the Outer Space Treaty), but this does not mean that non-governmental legal entities become subjects of the ITUC. According to this article, because “the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, must be carried out with the permission and under the constant supervision of the relevant State Party to the Treaty”, and states themselves have an international responsibility for ensuring that the activities of such entities are carried out in accordance with the provisions of contained in the contract. And since it is generally accepted in international law that its subjects are equal and independent in internal and external affairs from any other authority, the question of the international legal personality of legal entities cannot be raised.

And one more point of view: the subject of the ICP should be considered all of humanity as a whole. Such a position cannot be considered scientifically substantiated, but rather even utopian, since it does not take into account modern realities in the life of the international community and in international relations, the basis of which is the real existence of states with different political and economic systems.

Thus, the subjects of the ICP are only sovereign states and international intergovernmental organizations carrying out space activities.

Objects

The object of international law is everything about which the subjects of the International Communist Party enter into international legal relations, i.e. material and intangible benefits, actions or abstention from actions that do not fall solely within the internal competence of the state.

That. specific objects of the MCP are: 1) outer space, 2) celestial bodies, 3) astronauts, 4) artificial space objects, 5) ground-based components of space systems, 6) results of practical activities, 7) space activities.

A contractual concept of “space object” has not yet been developed. There is only an established practice of registering artificial space objects under the relevant Registration Convention. According to it, the term “space object” includes its components, as well as its delivery vehicles and their components. It is necessary to clearly establish the time aspect, i.e. the moment from which an artificial object becomes cosmic. This is the moment of launch, and even from the moment of an unsuccessful launch, the object is considered cosmic. Also, the object is considered to be in space even after returning to earth, both planned and emergency.

There is also no contractual definition of the concept of “space activity”. Today, this is considered to be human activity in the exploration and use of outer space, incl. natural celestial bodies of extraterrestrial origin. This term was first mentioned in the UN General Assembly resolution of December 20, 1961. The use of the term “space activities” allows us to assume that States include here both activities in outer space and activities on the ground if they are related to activities in outer space.

So, what specific activities are covered by the norms and principles of the International Communist Party? Currently, the interpretation of the concept of space activity depends on one state or another. But it is generally accepted that space activity means the placement of man-made objects in near-Earth orbits, in interplanetary space, on the surface of the Moon and other celestial bodies. Sometimes this also includes suborbital launches (i.e., the vertical launch of objects to high altitudes with their subsequent return to earth without entering low-Earth orbit). Undoubtedly, this also includes the actions of people (cosmonauts) and the operation of automatic (autonomous and radio-controlled from the Earth) vehicles and instruments on board space objects (including the exit of people and the removal of instruments into outer space or onto the surface of celestial bodies).

Thus, if we summarize everything, it becomes clear that the concept of space activity is associated with: 1) activities in the space environment, including operations carried out on Earth in connection with the launch of a space object, 2) its control, 3) return to Earth.

But today, not all issues related to the definition of space activities have been regulated. For example, it has not been established whether operations on Earth can be considered space activities if they do not result in the successful placement of an object in outer space. Apparently, at this stage, in determining space activities, one should proceed in each specific case from the relevant provisions of international treaties applicable to this legal relationship.

The term "outer space" is used 37 times in the 1967 Outer Space Treaty alone. But there is no definition of this concept in the ICP. The issue of defining outer space continues to be on the agenda of the UN Outer Space Committee. But this issue must be discussed in inextricable connection with the activities for its use, which indicates that the concept of outer space cannot be defined in isolation from the element of activity.

Forms of cooperation

The exclusive role of international cooperation in the field of space research and its practical application requires a clear clarification of the legal content of the principle of interstate cooperation from the point of view of the ICP. The general principle of cooperation established by international law is fully applicable to interstate relations related to the exploration and use of outer space. States declared their desire to maximally promote the comprehensive development of international cooperation in outer space in the preamble of the 1967 Outer Space Treaty, as well as in many articles of this treaty, and this gives grounds to classify cooperation between states in the exploration and use of outer space as one of the basic principles of the International Cosmic Space Treaty.

Thus, the Outer Space Treaty of 1967 enshrined the principle of cooperation between states as one of the general principles that formed the basis of the ITUC. A number of provisions of the outer space treaty follow from the principle of cooperation and detail it. For example, the obligation to take into account the relevant interests of all other states when carrying out activities in space, not to create potentially harmful interference with the activities of other states, to provide possible assistance to astronauts of other states, to inform all countries about the nature, progress, place and results of their activities in outer space, etc. .d.

Thus, the main content of the principle of cooperation is the obligation of states to cooperate with each other in the exploration of outer space and the obligation to maximally favor and promote the development of broad contacts and joint work on the study and use of space.

Within the UN

The leading role in the development of cooperation between states in the exploration and use of outer space belongs to the UN General Assembly. It has achieved the most significant successes precisely in the field of legal regulation of space activities, and it is rightfully considered the center of international cooperation in the development of international space standards. It adopted: 1) Declaration of Legal Principles of Outer Space Activities, 2) Outer Space Treaty, 3) Rescue Agreement, 4) Liability Convention, 5) Registration Convention, 6) Moon Agreement. Its decisive role in the formation and development of the ITUC has already been manifested in the creation of the UN Committee on the Peaceful Uses of Outer Space, better known as the Committee on Outer Space.

The main functions of the General Assembly include: 1) formulation of tasks for the study and development of legal problems of space exploration, 2) approval of recommendations of the UN Committee on Outer Space regarding issues of legal regulation of space activities of states, and 3) approval of draft agreements on outer space within the framework of the UN Committee on space, 4) direct development of drafts of individual articles of these agreements at sessions of the General Assembly with the participation of the absolute majority of states.

Committee on the Peaceful Uses of Outer Space. In accordance with UN resolutions, the committee is tasked with dealing with both scientific, technical and legal issues of space exploration; it serves as the central coordinating body for international cooperation in space exploration. The UN Committee on Outer Space consists of two subcommittees - Legal and Scientific and Technical. The committee carries out its main law-making activities through its Legal Subcommittee. The Legal Subcommittee of the UN Committee on Outer Space carries out activities to develop draft multilateral agreements regulating activities in the exploration and use of outer space. In fact, this subcommittee is the central working body for the development of principles and norms of the ITUC. The committee makes decisions based on the principle of consensus.

The UN Secretary-General is vested with a fairly wide range of powers in the field of coordinating cooperation in space exploration: 1) he is entrusted with the collection and dissemination of information on the space activities of states, 2) maintaining a register containing information about launched space objects and ensuring open access to it, 3) collection and dissemination of data on phenomena posing a danger to the life and health of astronauts and the actions of states to rescue and assist astronauts in the event of an accident, disaster, forced or unintentional landing, 4) appointment of an ad hoc chairman of the commission for the consideration of claims under the Liability Convention, etc. .

In addition, many specialized UN agencies play an important role in space exploration: 1) ITU (International Telecommunication Union), which develops regulations that allocate radio frequency ranges for space communications, studies the economic aspects of space communications, and exchanges information on the use of satellites for long-distance communications. , 2) UNESCO, whose main task in the field of space is to study the problems of using space communications for the purpose of disseminating information, social development, expansion cultural exchange, 3) WHO, which promotes cooperation between states in the field of space medicine; 4) other organizations.

Two UN conferences on the exploration and use of outer space for peaceful purposes in 1968 and 1982 were also of great importance for the development of international cooperation in space exploration.

Within intergovernmental organizations

No universal intergovernmental international organization dealing with space issues has been created. Currently, a number of international organizations are involved in practical issues of international cooperation in this area within their competence.

International Maritime Satellite Communications Organization (INMARSAT). Its main goal was to radically improve maritime communications using artificial Earth satellites. The founding documents of INMARSAT consist of the intergovernmental Convention on the International Maritime Satellite Telecommunications Organization, which defines the fundamental provisions for the creation of the organization and the Operating Agreement, which regulates technical and financial questions, and which is signed either on behalf of the government or on behalf of the public or private competent organizations designated by it. Only states are bearers of rights and obligations under the Convention. The operating agreement provides that its subjects may be either states or competent national organizations designated by state governments.

International Organization for Communications through Artificial Earth Satellites (INTELSAT). The main purpose of INTELSAT is to carry out on a commercial basis the design, construction, operation and maintenance of a global communications system using artificial satellites, "used for international purposes and accessible to all States without discrimination of any kind." Currently, more than 100 states are members of INTELSAT. However, the specialized literature points out a number of shortcomings, the main of which are that more than half of all votes belong to the American private campaign COMSAT, which represents US interests in INTELSAT and that, rather, INTELSAT is a kind of joint stock company with the participation of foreign capital.

European Space Agency (ESA). Back in the early 60s, Western European countries decided to pursue a space policy independent of the United States. Several international organizations were formed. At the end of 1968, it was decided to merge in the future all existing Western Europe space organizations and the creation of a single organization - ESA. In 1975 alone, representatives of 11 countries signed the Convention establishing the ESA. Three more states have observer status. ESA's activities should be aimed at ensuring and developing cooperation between European states in space exploration and the practical application of astronautics achievements for peaceful purposes. The main tasks of ESA are: 1) development and coordination of a long-term common European space policy of all member states and each state individually, 2) development and implementation of a common European space program, 3) development and implementation of appropriate industrial policy. The agency's space programs are divided into mandatory, funded by all member states, and optional, funded only by interested parties.

Among other intergovernmental organizations, ARABSAT can be distinguished. It includes 21 member states of the League of Arab States. The main purpose of ARABSSAT is to establish and maintain a long-distance communication system for all members of the League.

Within international non-governmental organizations

These international non-governmental organizations do not represent a form of cooperation between states, since their founders and members are not states, but scientific societies, institutions and individual scientists. Their activities contribute to a wide exchange of information, discussion of various scientific problems and strengthening of international cooperation.

Committee on space research(COSPAR) was created in October 1958 to continue cooperation activities in space exploration after the end of the International Geophysical Year. The main task of this international organization is “to provide scientists around the world with the opportunity to widely use satellites and space probes for scientific research of outer space and organize the exchange of information on the results of research on the basis of reciprocity.” Its goal is to promote progress in the study of outer space on an international scale.

The International Astronautical Federation (IAF) was organizationally formed in 1952. The activities of the IAF are based on the Charter adopted in 1961 with amendments in 1968 and 1974. The activities of the IAF are aimed at promoting the development of astronautics for peaceful purposes, promoting the dissemination of information about space research, as well as a number of socio-legal issues of space exploration. There are 3 categories of members in the IAF: 1) national members (astronautical societies of various countries), 2) universities, laboratories whose activities are related to training or conducting research in the field of astronautics, 3) international organizations whose goals correspond to the objectives of the IAF.

International Institute of Space Law (IISL). Created to replace the previously existing Permanent legal committee MAF. Its task is: 1) studying the legal and sociological aspects of space activities, 2) organizing annual colloquiums on space law, which are held simultaneously with IAF congresses, 3) conducting research and preparing reports on legal issues of space exploration, 4) publishing various materials on space right. The Institute also deals with teaching space law. It is the only non-governmental organization that discusses legal problems of space exploration. IICP is created on the basis of individual membership. He represents the IAF in the Legal Subcommittee of the UN Committee on Outer Space.

Responsibility

One of the ways to ensure order in international relations from ancient times to the present day is to use the institution of responsibility. In international relations there is no centralized suprastate coercive apparatus. The international legal norms and principles themselves serve as a guarantee of compliance with the international legal order, the most important of which is the principle of pacta sunt servanda - treaties must be respected. But a kind of guarantee of compliance with this principle is precisely the above-mentioned principle - responsibility for causing harm or for refusing to compensate for it.

And, therefore, international responsibility is a special institution of international relations, including the obligation to eliminate the harm caused, unless the fault lies with the injured party, as well as the right to satisfy one’s violated interests at the expense of the interests of the party causing harm, including application to it in appropriate cases sanctions. The concept of responsibility in the ICP includes: 1) international responsibility of states for violation of the norms and principles of international law and 2) financial responsibility for damage caused as a result of space activities.

In the ITUC, the development of rules on liability began in the field of public legal relations. The problems of private liability for space activities have not yet been considered, which is explained by the fact that all space activities are carried out by states or they are responsible for the activities of private companies.

Legislative responsibility of states for space activities is established in the 1967 Outer Space Treaty, which states that “state parties to the treaty bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, regardless of whether they are carried out by governmental organizations or non-governmental legal entities In addition, it is stipulated that if space activities are carried out by an international organization, the participating States party to the treaty, along with the international organization, also bear responsibility for the implementation of the provisions of the treaty.

According to the Outer Space Treaty, international responsibility for damage caused by space objects or their component parts on the ground, in the air or in outer space, including the Moon and other celestial bodies, lies with the state that carries out or organizes the launch, as well as the state from the territory or settings which are being launched. Liability arises when damage is caused to another state, its individuals or legal entities.

Types of damage. This could be: the fall of any space objects or their parts can lead to the death of people, injury to them, destruction or damage to property belonging to the state or its individuals and legal entities, both on land and on the high seas and in the air. Damage can be caused during the launch of a space object into orbit if the flight path of the launch vehicle passes through the airspace in which aircraft are located. Damage can also be caused in outer space - a space object of one state can cause damage to an object in orbit of another state. When scientific stations, refueling stations and launch pads for deep space flights are created on celestial bodies, damage may be caused to these objects as well. Damage can be expressed in other forms: interference with space radio communications, television through space repeaters.

If damage is caused as a result of legal actions, without direct intent and without deliberate violation of legal norms, we can only talk about material compensation for damage. But when we have to deal with a deliberate violation of international law, we are talking about the political responsibility of one state to another or to the entire international community. In such cases, responsibility can be both political and material.

In 1971, the text of the draft Convention on International Liability for Damage Caused by Space Objects was adopted. Here are its main provisions. The concept of damage under it includes the deprivation of human life, bodily injury or other damage to health, destruction or damage to the property of the state, its individuals and legal entities or international intergovernmental organizations.

States bear absolute responsibility for damage caused by a space object on the surface of the earth or to an aircraft in flight. In case of damage caused by one space object to another, the state’s liability arises only if there is fault. Exemption from liability is provided in case of gross negligence or intent of the victim.

A one-year limitation period is established. The amount of compensation is calculated in order to ensure the restoration of the state of affairs that would have existed if the damage had not been caused.

Disputed claims are governed by ad hoc claims commissions consisting of three members - representatives: 1) the claimant state, 2) the launching state, 3) a chairman elected by them. The decision of the commission is binding if an agreement has been reached between the parties, otherwise it is advisory in nature.

The 1971 session of the UN General Assembly approved the final text of the Convention on International Liability. In 1972, the convention was opened for signature, and it entered into force on August 30, 1972.

Development prospects

Prospects for the development of MCP fall into two large groups. Firstly, these are legal issues related to the further development of scientific and technological progress in the field of space exploration, as well as to the development of international relations on the same issues. Secondly, the direct improvement of existing legislation and the rule-making process in the ITUC.

I could include in the first group: 1) the need to resolve issues of legal regulation of live television broadcasting, 2) the need to conclude an agreement on the use of remote sensing of the Earth, 3) a serious need to establish the boundary between air and outer space, because it turns out that the border of state sovereignty in airspace has not yet been determined, 4) the need to establish a geostationary orbit regime, 5) the need to solve problems associated with nuclear energy sources in space.

The second group should include: 1) the need to resolve a number of controversial issues both in existing legislation and on issues that just need to be formalized into law, in particular, it is necessary to more clearly define the basic terms of the ICP - outer space, space object, etc. , 2) it is necessary to create a universal intergovernmental organization that would unite all international organizations associated with the ITUC, 3) it is necessary to develop and adopt clear, clear comprehensive principles of the ITUC, taking into account today's realities.

Taking into account all of the above, several conclusions can be drawn: 1) despite its relative youth, the ICL has already formed into a completely independent branch of international law, 2) despite the vagueness of some formulations (or even the absence of them), the ICL is quite capable of independently regulating all international relations, related to the exploration and use of space, 3) legal regulation of international relations arising in connection with space exploration contributes to the creation of a solid basis for international cooperation in space exploration.

1Polis is a city-state, a form of socio-economic and political organization of society in Ancient Greece.

2 See: Grabar V.E. Materials on the history of literature of international law in Russia (1647 - 1917). M.: Publishing House of the USSR Academy of Sciences, 1958.

3State Archive of the Russian Federation. F. 5765. Op. 1. D. 3.

4See: Bogaevsky P.M. International law. Sofia, 1923; It's him. International law. Sofia, 1932.

5 Taube M.A. Eternal Peace or eternal war

(Thoughts on the “League of Nations”) Berlin, 1922. P. 30.

6 Zimmerman M.A. Essays on new international law.

Lecture guide. Prague: Flame, 1923. P. 318.

910-29 May 1999, the International Air Transport Conference was held in Montreal, with the goal of modernizing the system of regulation of commercial aviation established by the Warsaw Convention of 1929, since this system was experiencing the destructive impact of the trends that had taken root in recent decades to regionalize the criteria for establishing the liability of an air carrier for causing damages. harm to life, health and transported objects. To this end, a new convention has been adopted, which, among other things, increases.