CURRENT ISSUES OF SPACE LAW

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Introduction

International space law is an important branch of modern international law, the development of which is determined by the progress of a number of countries in the field of space exploration [1, p. 15].

The topicality of investigating stages of space law development and current problems of space law is determined by vast, multi-aspect activities of various states in space, which are significant for their economy, defense, telecommunications etc., thus, knowing the stages of space law development and current problems of space law is necessary for efficient application of international space law and regulation of international activities in space.

Methods of investigation and background of the problem

While undertaking the research, the author used the historical method and the method of rather-legal analysis.

The legal issues referring to the field of international space law were investigated by such renowned scholars as B. Krivokapich [2], A.H. Khoury [3], M. Smirnoff [4], R. Costa [5], P.A. Berkman et al. [6], I. Blishchenko et al. [7], T. Vestner [8], M. Lits et al. [9], V. Kumar et al. [10], G. Orsola [11], D. Stefoudi [12], N.E. Clark [13], T. Masson-Zwaan et al. [14]. The UN issued a number of documents referring to international space law [15].

The basic concepts of space law are as follows:

• space activity is the exploration of outer space and celestial bodies and their use for practical purposes, carried out with the help of space technology;
• outer space is the space that, according to the custom in international law, begins at an altitude of 100 km above the level of the World Ocean;
• space objects are all types of technical devices and structures created by a human being and intended for use in outer space;
• an astronaut is a person who tests and operates space technology in space flight;
• a space tourist is a person flying into a near-earth orbit, including a flight to the International Space Station (ISS), or a suborbital space flight for entertainment purposes on a commercial basis [1].

The results of investigation and discussion

In international treaty practice, a space object is understood to mean all types of technical devices and structures intended for use in outer space. These groups of space objects are also divided into near-Earth orbital and interplanetary space objects. There is a national and international registration of space objects. When registering internationally, information about a launched space object is entered by the UN Secretary General into the Central Register.

The launch of a space object is the moment from which a space object falls within the scope of international space law, in particular, the 1972 Convention on International Liability for Damage Caused by a Space Object.

Legal status of astronauts and regulation of commercial use of space. The universal international treaties regulating space activities do not contain a clear definition of the “cosmonaut” term (in the texts of these treaties in English, the equivalent of “astronaut” is used). Based on the general rules for the interpretation of contracts established by Art. 31 of the 1969 Vienna Convention on the Law of Treaties, one should refer to the common meaning of this term. The Great Soviet Encyclopedia defines an astronaut as a person who conducts tests and exploitation of space technology in space flight [16, p. 258]. At present, there is a problem of differentiating the terms “cosmonaut” (“astronaut”), “crew of a spacecraft” (“crew of an object launched into outer space”) and “space tourist”.

According to Article V of the Outer Space Treaty, astronauts are the envoys of humanity into space possessing no special supranational status. Astronauts who make or have completed a space flight continue to remain citizens of a certain state and are obliged to comply with the laws of a state on the territory of which they are located, for example, as a result of the landing of their spacecraft. In accordance with Article VIII of the Outer Space Treaty, members of the crew of a space object, while in outer space, are under the jurisdiction (including criminal, administrative and civil) and control of the state that registered this object in its national registry.

In accordance with Article V of the 1998 Intergovernmental Agreement, jurisdiction over persons inside and outside of the International Space Station (ISS) is determined on the basis of the principle of active citizenship and is exercised by the State party to the 1998 Intergovernmental Agreement of which they are citizens. Exceptions to this general principle are possible in cases when illegal actions in orbit affect the life or safety of a citizen of another participating State, are committed in an orbital element of another participating State, or cause damage to that orbital element.

Legal regulation of the commercial use of space is associated, in particular, with such an issue as property rights. The ownership rights to space objects launched into outer space or returned to Earth remain with the owner, but their actual exercise may be limited, and in some cases exercised through the state. For instance, in accordance with the Agreement on Rescue and Return, it is the state that can request the return of a space object to it.

Licensing and insurance of space activities. Legal regulation of the commercial use of space also includes the issue of licensing space activities. In the Russian Federation, licensing of space activities is determined by Article 9 of the “On Space Activity” law. In particular, such type of space activity as international cooperation of the Russian Federation in the field of exploration and use of outer space is subject to licensing.

The legal regulation of the commercial use of space also includes such an issue as insurance of space activities. International liability for damage to third parties can occur at any stage of the space activity cycle: from the beginning of the development of a model of rocket and space technology to the end of the active life of a spacecraft in orbit and its disposal (including the return of the spacecraft to the Earth’s atmosphere). In this regard, insurance of liability risks in the implementation of space operations seems to be an objective necessity as a guarantee of protection of participants in space projects (both states and individuals) from adverse financial consequences of possible damage.

The space legislation of the countries of the world, as a general rule, establishes the conditions for insurance of space activities as a whole, without breaking down into its individual areas. In world practice the general condition for issuing a license to carry out space activities is to obtain an insurance policy that covers, in whole or in part, compensation that the state will be obliged to pay in case of possible damage. A similar provision is enshrined in the space law of Australia, Austria, Great Britain, China, USA, South Korea, France and South Africa.

Thus, the legal regulation of the commercial use of space concerns such important issues as property rights, licensing and insurance of space activities. These issues are being actively studied by theorists and practitioners of international space law, and activities in this sphere are being carried out.

Legal regulation of satellite communications. Currently, the sources of legal regulation of satellite communications include: UN documents (5 UN treaties on outer space and the corresponding UN General Assembly Resolutions); documents and instruments of the International Telecommunication Union; multilateral agreements on satellite communications organizations. In accordance with the provisions of the Outer Space Treaty, states have the right to carry out direct television broadcasting using satellites, both independently and to grant this right to individuals under their jurisdiction, for whose activities the states are responsible. This type of activity can be carried out within the framework of international organizations, the responsibility for the activities of which is borne by both the organizations themselves and the participating States. All states have the right to carry out such activities and should benefit from their implementation. Access to technology in this area should be open to all states without discrimination on conditions mutually agreed by all interested parties. In addition, within the framework of such activities, states should cooperate on the protection of copyright and related rights. Thus, at the moment, the issue of the right of states to carry out direct television broadcasting using satellites on the territory of other states remains completely unresolved and is being discussed by states through diplomatic channels. The International Telecommunication Union is the main subject of regulation of international relations in the field of satellite telecommunications.

The issue of legal regulation of Global Navigation Satellite Systems (GNSS) has also been taken into consideration during the undertaken research. These systems represent space-based positioning systems that provide round-the-clock transmission of information about the spatial position, time and speed to users who have the appropriate equipment on the surface of the Earth, in air and outer space. An important legal factor ensuring the operation of GNSS is the norms of international space law contained in the Liability Convention.

Legal regulation of space meteorology and other issues. In accordance with the Outer Space Treaty, space meteorology must satisfy the interests of all states of the world, regardless of the degree of their economic or scientific development. Space meteorology is inevitably faced with international legal problems, and above all with the problem of state sovereignty. The World Meteorological Organization (WMO) plays an important role in international efforts to monitor and protect the environment. In collaboration with other UN agencies and National Meteorological and Hydrological Services, WMO supports the implementation of a number of environmental conventions and plays an important role in providing advice and assessments to governments on relevant issues. Such activities contribute to sustainable development and the well-being of nations.

Space technologies make a great contribution to the prevention of emergency disasters. The Charter on Cooperation in Achieving the Coordinated Use of Space Facilities in the Event of Natural Disasters or Man-made Disasters was initiated in accordance with the decision of the UNISPACE III international conference in Vienna in 1999. The main purpose of the Charter, adopted on April 25, 2000 is to create and ensure functioning of the international system for collecting and using remote sensing data in the interests of consumers affected by natural disasters or man-made disasters. The fulfillment of the obligations of each member of the Charter cannot contradict the norms of national legislation and relevant international agreements to which the member state of the Charter is a party.

In accordance with Article I of the Charter, its members can be space agencies and operators of space systems. Today, the charter includes European Space Agency, space agencies of France, Canada, India, Argentina, Japan, Germany, South Korea, Brazil and China, the National Oceanic and Atmospheric Administration and the US Geological Survey Service, DMC International Imaging (UK), as well as the European organization for the operation of meteorological satellites (Evmetsat). Ukraine is completing the process of acceding to the Charter. In August 2013, the Russian Federation acceded to the Charter as a full participant.

Prospects for the development of international space law are associated with such problems as space debris, asteroid-cometary threat, militarization of outer space.

The legal aspects of problems and threats in space. Outer space is currently heavily polluted. For example, at the height of the ISS there are more than 800 space debris objects. There are clouds of space debris that could pose a serious threat to future space travel. Firstly, space debris poses a navigational hazard to operational satellites of all launching states. Secondly, the main risk from space debris is the danger to people and their property on Earth. All but the tallest space objects will eventually return to the Earth’s atmosphere.

Due to its relevance, the development and application of measures for the destruction or rejection of space debris is a dynamically developing layer of legal science. This area covers issues related to the interaction of two space objects: a threat to the Earth and a threat prevention tool.

Conclusion

The peculiarity of international space law is that the process of its formation was ahead of the national regulation of space activities, which led to the impact on the relevant norms of domestic law. Space property means any artificially created individually identifiable property located in space or intended to be launched into space. An important legal factor ensuring the operation of GNSS is the norms of international space law contained in the Liability Convention.

In accordance with the Outer Space Treaty, space meteorology must satisfy the interests of all states of the world, regardless of the degree of their economic or scientific development. Space meteorology is inevitably faced with international legal problems, and above all with the problem of state sovereignty. Space technologies make a great contribution to the prevention of emergency disasters.

From 1986 to 1992, the Legal Subcommittee of the UN Committee on Outer Space was engaged in the development of principles related to the use of nuclear power sources in outer space.

In 2007, space debris mitigation guidelines were developed by the Committee on the Peaceful Uses of Outer Space and endorsed by a UNGA resolution. The General Assembly resolution draws attention to the urgent need for Member States to pay great attention to the problem of collision of space objects, and other aspects of the problem of space debris.

International space law is a promising and extremely important area of ​​international law, which is due to the importance of cooperation between different states in space to ensure the effective functioning of various systems that ensure the well-being of life on Earth.

About the authors

Егор Вячеславович Шевченко

Author for correspondence.
Email: egorshevchenko889@gmail.com
Russian Federation

References

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