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Outer space exploitability
Abstract
This article outlines the principles upon which international space law is based. Space law has been successful so far in benefiting the developing countries without hampering the spacefaring nations. The principal treaty provisions that are of special interest to developing nations are discussed, and issues associated with remote sensing, communications and environmental harms are examined in detail. Since 1967 there has been a sharp change in the focus of legal concern towards ‘taking into account the particular needs of developing countries’, a principle that will be central to arrangements for the equitable sharing of the benefits of exploiting the space environment and its natural resources.
... Like the principle of res communis, the common heritage of mankind calls for the free and equal use, exploration and exploitation of the space environment and its resources (Christol, 1990, p. 147). A distinguishing characteristic of the common heritage of mankind with other concepts, however, is the mandatory, legal duty of actors to equitably distribute the appropriated benefits derived from the resource system to all users, regardless if such entities having made little or no financial or technological contribution to the excavation endeavour (Baslar, 1965, pp. ...
Space debris has been and still remains a growing threat for the international space community. The population of man-made debris polluting the space environment has exacerbated, resulting from some 50 years of space-related activities being undertaken. Present estimates reveal that there are about 24,500 cataloged in-orbit objects and some 7,500 of those objects are artificial debris. In the absence of proper controls, the number of all cataloged objects is expected to rise from 50 per cent in 2019 and quadruples in 2059. As a source of pollution, orbiting debris adversely damages the space environment. The continuing growth of debris in heavily used orbital regions, like Low Earth Orbit and Geostationary Orbit, not causes minor or complete abruptions to space operations, but potentially could prevent launches of planned space vehicles; thus, denying future access to, and use of, outer space. This Article shall refer to the metaphorical model of the ‘Tragedy of the Commons’ as developed by Garrett Hardin, and constructs a parallel with that hypothetical model with the congested space environment caused by orbiting debris. It shall be demonstrated that space is and can be characterised as the ‘Space Commons’.
The study is devoted to organizing the legal space of the Universe based on “ius naturale,” morals, and consuetudes of space activities, with the prospects for the existence of extraterrestrial intelligent beings in the Universe.
On the grounds of the results of the study, 7 natural factors and 2 technical factors are identified, the influence of which determines the spaces to which the sovereignty and jurisdiction of both states and all of humanity extend.
Based on these factors, the NMC Concept “natura, moribus et consuetudines” is proposed, according to which, due to natural and other factors, all outer space above the Earth`s surface is divided into a “domestic room” (our Solar System) and an “alien room” (outside the Solar System), the boundary between which are the Kuiper Belt and the center of the Sun.
At the same time, it is proposed to apply the principle of “Res Communis Humanitatus” to the “domestic room”, and the new principle of “Res Nullius Civitatis et Res Communis Animal Rationale” to the “alien room”.
Additionally, the authors emphasize the fact that the above factors have already formed the structure of the “domestic room” regardless of the existing intentions and suggestions, leaving the world to recognize and accept it.
Within the structure of the “domestic room”, the following two types of spaces have been formed: the “unified and sovereign spatial-territorial domains of states”, to which the exclusive jurisdiction of states extends, and “Res Communis Humanitatus”, to which generally recognized international law extends.
In these circumstances, considering all natural and technical factors, the authors take notice of the allocation of two separate layers in “Res Communis Humanitatus”: “Orbital layer” and “Ballistic space”.
The authors also propose developing a “sanitary atmospheric zone” to ensure humanity`s safety from the effects of the “X” factor.
Moreover, the authors suggest applying different principles of international regulation to the “Ballistic space,” the “Orbital layer” and the space beyond it, based on the mechanisms of “tacit consent,” “silent disapproval”, “active consent”, and “active disapproval”.
The result of this research is a draft Pact for the Cosmos.
The research presents new perceptions on the process of regulating space activities based on a synthesis of innovative approaches to regulating such activities and analysis of documents adopted by the international community in this area over the entire period of development of space activities.
First of all, the research raises the issue of the format of the existing Space Law (including the form of Conventionalis stipulatio) as well as the question of the possibility of the emergence in the future of several new legal systems to regulate space activities. In this regard, the list of subjects and objects of space activities and space law is revised, and options for their classification and new interpretations are proposed.
In addition, at this stage of the research, a proposal is presented for applying a new approach to organizing the legal space of the Universe taking into account the principles of “domestic room” and “alien room”. At the same time, this proposal also includes the use of new methods to determine the spatial-territorial jurisdiction of States. Thus, instead of searching for the border between airspace and outer space (which has not yet been successful), the question of the possibility of dividing the entire aerospace into several special layers is considered, namely, a layer of spatial security of States, a layer of spatial security of humanity, and open space.
Additionally, the research emphasizes the gradual formation in 1958 – 1963 of the first four most important General Principles for Space Activities, which in the future may become the basis for the development of Outer Space Public Law aimed at the benefit of all humanity.
According to the author, the findings of this research can be useful to form a new insight into the process of regulating space activities and develop new forms and types of Space Law that will change the international situation in this area for the better.
Протягом останніх шістдесяти років розвитку космічної галузі багато вчених, юристів і дипломатів намагалися визначити юридичний статус космічного простору і небесних тіл. Вирішення цього питання постійно гальмувалося великими космічними державами, які весь цей період беруть участь у космічній гонці, що в будь-який час може призвести до їхнього прямого зіткнення на орбіті й у відкритому космосі. Важливим елементом, який може не допустити такого зіткнення, є встановлення певних умов і заборон для космічної діяльності держав, які завжди ґрунтуються на основних елементах юрисдикції. Однак, враховуючи нейтральний статус космосу, визначення його юрисдикційного статусу завжди викликало багато складнощів. Саме тому в цьому дослідженні розглядаються питання можливості застосування лише деяких елементів юрисдикції: універсальний принцип юрисдикції, а також принцип імунітету та пов’язані з цим обмеження юрисдикції.
This article is a continuation of an extensive study of the process and results of the regulation of space activities over the period from 1958 to the present, the purpose of which is a deep analysis of international documents adopted over the entire period of space activities.
The article is focused on an attempt to answer some controversial or unresolved issues related to the regulation of relations in outer space and on celestial bodies.
Thus, for example, there are still many different theories and discussions on the topic: Does space law exist or not, and provided it exists, what documents can be attributed to its sources? Who can be the founder of space law, and to what extent? What can be the subjects and objects of space activities and space law? And, of course, one of the most important issues is the question of the jurisdictions of subjects of space activities and space law.
To understand this, it is necessary to return to the origins of the process of regulating space activities, namely, during the period 1958-1963 years, when the technical exploration of outer space and celestial bodies had just begun and the first and most important documents in this area were adopt�ed, namely, the first Resolutions and UN Declaration.
Based on the analysis of these documents and the circumstances in which they were created, as well as taking into account the various opinions of scientists and the basic postulates of the theory of law, and even taking into account some philosophical aspects of human nature, this article attempts to define and describe the essence of space law, existing and possible spatial and territorial jurisdictions and also the subject-object composition of partici-pants in space activities.
An organized collection of references to pre-1993 primary and secondary sources and authority of International Environmental Law. 20 Chapters, 790 pages.
On July 11, 1984, the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies entered into force following the deposit with the Secretary-General of the United Nations of the fifth instrument of ratification. The Agreement, following its adoption by the General Assembly, was opened for signature on December 18, 1979. In the intervening years, it has been signed by Austria, Chile, France, Guatemala, India, Morocco, the Netherlands, Peru, the Philippines, Romania and Uruguay. The fifth state to deposit its ratification was Austria, which followed Chile, the Philippines, Uruguay and the Netherlands.
As space commercialization is becoming a reality, and with the growing tendency for such activity to be transferred to the private sector, it is time for developing countries to assume a role in space. Space law could be of help if the interpretation of terms such as ‘common heritage’ were agreed on and sensible rules for the regulation of competition in space elaborated. But it is up to the developing states themselves to become aware of the situation, educate their public and train their personnel through participation in cooperative space ventures with the developed world.
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