International outer space. Space law in modern international law. Moon Agreement

1. International space law: concept, principles, sources

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

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

4. Legal status astronauts and artificial space objects

5. International legal responsibility for space activities

6. International space law and international organizations

7. Russian Federation and international space law

1. International space law: concept, principles, sources

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

The ICP began to develop in 1959, when UN resolutions on cooperation between states in the exploration and use of outer space began to be adopted. The Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (hereinafter referred to as the Outer Space Treaty), 1967, became a kind of milestone in the development of the ICP.

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

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

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

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

Main multilateral sources of MCP The following international treaties are: 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 (Outer Space Treaty), 1967 2) Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space space, 1968 3) Convention on International Liability for Damage Caused by Space Objects, 1972 4) Convention on Registration of Objects Launched into Outer Space, 1976 5) Agreement concerning the Activities of States on the Moon and Other Celestial Bodies, 1984 Russia participates in the first four treaties.

The constituent acts of interstate organizations related to the regulation of certain types of space activities - the International Organization established in 1968 - are of great importance for the formation and development of the ISC. long distance communication through artificial Earth satellites (ITELSAT), operating since 1982; International Maritime Satellite Telecommunications Organization (INMARSAT); European Space Agency (ESA), etc.

Here we can also mention international legal acts concluded by the CIS member countries and affecting space problems- Regulations on the Interstate Council on Outer Space 1992, Agreement between the Governments of the states parties to the Treaty on Customs Union and One economic space dated February 26, 1999 on the joint exploration of outer space for peaceful purposes dated February 17, 2000.

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

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

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

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 activities” and “illegal space activities” 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,” refers to 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 responsibilities 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 ICP in the general system of 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 sovereign rights 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 International Communist Party 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 it is desirable to adhere to international community generally.

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 International Court UN 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, regarding the features directly legal norms. I have already mentioned two of them concerning the process of formation; in addition, there is a clearly visible 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 new sphere human activity, as well as the features of space activity, which differs significantly from activity in any other area.

Subjects

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

So, the subject of the 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 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 the 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 INC 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 ICP. 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 components 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. vertical launch of objects on 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 remain 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 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 outer space, not to create potentially harmful interference with the activities of other states, to provide possible assistance to astronauts of other states, to inform all countries about the nature, 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. She adopted: 1) Declaration legal principles 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) formulating 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 satellites Earth. The founding documents of INMARSAT consist of the intergovernmental Convention on the International Maritime Satellite Telecommunications Organization, which defines the fundamental provisions for the establishment of the organization, and the Operating Agreement, which regulates technical and financial issues, and which is signed either on behalf of the government or on behalf of 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, a decision was made to merge in the future all space organizations existing in Western Europe and to create 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.

The 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 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 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 Standing Legal Committee of the IAF. 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 supranational 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.

Legislatively, the 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 it is carried out by governmental organizations or non-governmental legal entities. In addition, it is provided that if space activities are carried out by an international organization, the responsibility for the implementation of the provisions of the treaty lies, along with the international organization, also with the participating states party to 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 may 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 faced with a deliberate violation of international law, we're talking about about the political responsibility of one state before another or before 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 is liable 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 only 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, 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 Archives 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.

7 In the literature, the term “modern international law” is usually used to refer to the international law of a given era in a “floating” chronological framework. It is easy to see that this term is unfortunate and very conditional. Modern is what corresponds to the life of the present generation... It is no coincidence that it appeared in 1882-1883. The fundamental two-volume work of St. Petersburg University professor F.F. Martens was called “Modern International Law of Civilized Nations.”

8 The treaty received this name after the names of the main initiators of its signing: Briand Aristide (1862 - 1932), French Foreign Minister, and Kellogg Frank Billings (1856-1937), US Secretary of State in 1925-1929.

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 liability limit up to 100 thousand US dollars.

INTERNATIONAL SPACE LAW

On October 4, 1957, for the first time in human history, a Soviet artificial Earth satellite was launched into space. On April 12, 1961, a human being, a citizen, ascended into low-Earth orbit for the first time. Soviet Union Yuri Alekseyevich Gagarin. Has arrived new era human activity– the era of exploration and use of outer space.

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

International space law – a set of legal principles and norms governing relations between subjects of international law regarding their implementation of space activities and defining the legal regime of outer space, including the Moon and other celestial bodies. Outer space refers to the space outside the Earth's air sphere, which is a “thing withdrawn from circulation,” that is, not subject to appropriation by any state.

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

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

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

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

Prohibition on national appropriation of outer space and celestial bodies established by the international community based on the fact that these objects are res extra commercium –"a thing out of circulation." The universe is beyond sovereignties, jurisdictions and anyone's property. Art. II of the Outer Space Treaty and paragraph 3 of Art. 11 The Agreement on the Activities of States on the Moon and Other Celestial Bodies (1979) establishes that appropriation cannot be made either by declaring sovereignty on them or by using or occupying them. States cannot extend their sovereignty to outer space, the Moon and celestial bodies. Any forms and methods of appropriation of outer space are prohibited not only by states, but also by international and national corporations and individuals. The prohibition of national appropriation does not apply to artificial space objects over which the state retains jurisdiction and control (Outer Space Treaty, Art. VIII).

Demilitarization of outer space and celestial bodies provided for in Art. IV Outer Space Treaty; States undertake not to place into orbit around the Earth any objects with nuclear or any other types of weapons of mass destruction, not to install such weapons on celestial bodies or to place them in outer space in any other way. The creation of military bases, structures and fortifications on celestial bodies, the testing of any types of weapons and the conduct of military maneuvers are prohibited. Ban Treaty nuclear tests in three environments (1963) prohibits test explosions nuclear weapons in space.

The problem of space demilitarization is global problem modernity. The Treaty between the USSR and the USA on the Limitation of Systems was aimed at preventing the militarization of outer space. missile defense(1972) and its Additional Protocol (1974), START-1 and START-2 treaties. According to the Treaty on the Limitation of Anti-Ballistic Missile Systems (1972), each party undertakes not to create, test or deploy sea, air, space or mobile missile defense systems or components. ground-based(Art. V). Currently, the United States has de facto bypassed this treaty by developing new space technologies. Now they believe that the treaty is outdated and de jure. However, Russia takes the opposite view: it will seek to maintain and respect the 1972 Treaty on the Limitation of Anti-Ballistic Missile Systems, the cornerstone of strategic stability.

However, the Outer Space Treaty does not prohibit the use of military personnel for scientific research, nor the use of any equipment or facilities necessary for the peaceful exploration of space. The use of nuclear power sources (NPS) in space does not contradict the norms of international law. Currently, there are mainly two types of nuclear power sources used: radioisotope generators and nuclear reactors. The specified nuclear power sources are non-explosive and therefore cannot be considered as weapons of mass destruction, the placement of which in space is prohibited by Art. V of the Outer Space Treaty. The use of nuclear power sources for the purposes of peaceful exploration and use of outer space requires special regulation taking into account their specifics.

Providing assistance to astronauts in case of an accident falls on all states. The Astronaut Rescue Convention provides the following:

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

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

The state on whose territory the spaceship ends up immediately returns it and its crew to the state to which the spaceship belongs (Article 4);

All costs associated with providing assistance to the spacecraft and its crew are covered by the authorities that launched the spacecraft (Article 5).

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

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

The most common is bilateral cooperation. Thus, in accordance with agreements between Russia and India, Indian artificial satellites are launched into low-Earth orbit by Russian launch vehicles. Cooperation between Russia and France is developing successfully; international space crews include French astronauts; French equipment was used on Russian spacecraft.

In 1972, the USSR and the USA signed an Agreement on Cooperation in the Study and Use of Outer Space for Peaceful Purposes, in pursuance of which a joint flight and docking of the Soviet Union took place in 1975. spaceship"Soyuz" and the American "Apollo". In 1977, due to the expiration of this agreement, the parties signed a new Agreement on Cooperation in the Exploration of Outer Space for Peaceful Purposes, which establishes the obligations of the parties to develop cooperation in the fields of space meteorology, study of the natural environment, exploration of near-Earth space, the Moon and planets , as well as in the field of joint development of satellite search and rescue systems (Article 1), etc. The Parties assumed an obligation aimed at solving international legal problems of the exploration and use of outer space for peaceful purposes in the name of strengthening law and order in space and further development international space law (Article 4).

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

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

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

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

Agreements have been concluded within the CIS aimed at peaceful development outer space, for example the Agreement on joint activities on the exploration and use of outer space (1991). Cooperation between the CIS countries is carried out under the agreement on the creation of missile attack warning systems and space control (1992), within the framework of bilateral agreements with Ukraine (1997) and Belarus (1995), etc. In the CIS, the implementation of interstate programs for the study and use of outer space is coordinated by the Interstate a space council formed from authorized representatives of states.