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Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space
Abstract
Two declarations of legal principles to govern the activities of states in the exploration and use of outer space have been adopted by the Assembly-one in 1961 and the other in 1963. The latter Declaration reaffirms and expands the scope of the earlier one. The principles contained in it represent the consensus and maximum agreement attainable by the Committee on Peaceful Uses of Outer-Space established by the Assembly to deal with technical co-operation of states and the legal regulation of outer space.
... Having been ratified or acceded to by the majority of states, including the major spacefaring nations, it is generally considered the Magna Carta of international space law. More crucially, because of the consistent and widespread international support for its fundamental tenets, and the fact that it was based on an earlier 1963 Declaration adopted by consensus in the United Nations General Assembly [43], the principles enshrined in the Outer Space Treaty have taken on the status of customary international law [44]. They are therefore binding on all states, even those that have neither signed nor ratified the Outer Space Treaty. ...
The exploration of the planet Mars represents a significant milestone in humanity's exploration of the Universe. In the quest to better explore and understand Mars, issues of forward and backward contamination are particularly pertinent. This paper provides an interdisciplinary analysis of forward and backward contamination. Its substantive material reflects the scientific and technical concerns through the looking glass of legal and policy issues, and vice versa. The paper critically surveys contamination issues of current, nascent and proposed Mars missions from a scientific viewpoint. It then makes a comparative review of legal and policy mechanisms designed to protect against such contamination. It draws cross-linkages between the sciences and the law in this area. The paper then delineates a suggested interdisciplinary framework to protect against forward and backward contamination. This framework is based on co-operation between the various nations undertaking Mars missions, as well as between the various fields of expertise. It highlights the importance of an interdisciplinary overview in the implementation of measures protecting against forward and backward contamination. Strategies on the implementation of these measures are also outlined.
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.
This is the fourth article in the study related to analyzing the process of regulation of space activities. Considering the results of previous studies of documents adopted by the international community during the 1958-1963 period in the regulation of space activities, this article continues the presentation of the study of the process of Outer Space Public Law development. The article describes the initiatives of the international community (including the UN General Assembly) connected with the regulation of relations among States in matters of the use of outer space and celestial bodies. First of all, it describes the process of gradual formation of one of the most important international principles of Public Space Law, which can be attributed to the group of General Principles of Space Activities, namely, "The Principle of a Useful Cosmos”. Also, legal conflicts and difficulties that arose at the initial stage of the formation of this principle as well as the consequences to which they could lead are described. In addition, the article describes the process of formation of another very important principle of Public Space Law that can also be included in the group of General Principles of Space Activity, namely, "The Principle of Space Traffic”, which at that time already consisted of three special principles formed under the influence of specific international initiatives. Thus, the initiative to streamline space vehicle launches into outer space formed "The Principle of launch registration”. The initiative to organize interaction among States regarding astronauts and space vehicles launched into space formed "The Principle of mutual assistance” In turn, the initiative to organize the safety of space activities formed "the Principle of Responsibility”. At the same time, all these principles were developed only in the form of Conventionalis stipulatio, which were mainly set out in the Resolutions and Declarations of the UN General Assembly. Considering the above, it is necessary to pay attention again to the fact that the researcher should not expect from the "Outer Space Law” the form in which this "Law” is accustomed to consider, due to the exclusivity of the environment to which this new "Law” was formed.
Stagnation in the development of the process of regulation of relations in outer space and on celestial bodies as well as a large number of gaps and contradictions in this area along with impressive technical progress in the field of space activities and the expansion of its subject composition have led to the need to reconsider existing approaches to regulating such relations. This article is the beginning of an extensive study of the process and results of the regulation of space activities from 1958 to the present day. The purpose of this study is a deep analysis of international documents adopted for the entire period of space activities, as well as an attempt to highlight the basic principles, concepts, models, and rules of space activities. The results of this study will make it possible to understand the issues that remain unresolved and the gaps in the field of space law and also set new tasks for the development of space law and suggest ways to solve them. This article includes a review and analysis of international documents adopted at the first stage of the development of space activities (19581963), and also the goals and conditions for their adoption. As a result of this analysis, the article presents a list and description of the tasks that were formed by the international community at this stage along with the difficulties that arose at the stage of their formation and implementation. In addition, a new vision of the concepts that arose at this stage in connection with the need to regulate space activities is proposed. In the future, the results of this analysis will allow us to continue the study of space relationships to determine and describe the essence of the legal systems that regulate or may regulate space activities, as well as to identify (define, classify, and formulate) spatial-territorial jurisdictions and subject-object composition of participants in space activities.
This is the third article in the study related to analyzing the process of regulation of space activities. Considering the results of previous studies of documents adopted by the international community during the 1958 -1963 period in the field of regulation of space activities, this article pays special attention to the formation process of Outer Space Public Law. The article describes the international community`s initiatives, including the UN General Assembly, which can be considered the first elements in the general design of Outer Space Public Law. At the same time, the form of these elements may seem non-standard and even controversial, taking into account the fact that at this stage Outer Space Public Law was just in its infancy. However, as has already been discussed in previous studies, we should not expect from the “Outer Space Law” the form in which this “Law” is accustomed to consider, due to the exclusivity of the environment to which this new “Law” was formed. Summarizing the study of legal documents on space activities during the 1958-1963 period, we can state that already in this period the first principles, concepts, and rules of space activities were formed, which led to the emergence and development of a completely new area of law, namely, the so-called Outer Space Law. At the same time, it was established that at the end of 1963, the Outer Space Public Law already existed, which mainly consisted of Conventionalis stipulatio, developed in the form of Resolutions and Declarations of the UN General Assembly. Certainly, it is necessary to recognize that the Outer Space Law had many gaps, shortcomings, and unresolved issues at the early stage of its development. However, it is these nuances that today make it possible to understand how this field of law should be further developed.
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.
This paper is dedicated to the research of the concept of jus cogens norms in international space law. The author is proving existence of the peremptory norms in international space law by the global public interest of the international community in outer space, which occurs first of all because of nature of outer space, its physical characteristics and prospects of exploration and use it gives to States. The author is analyzing opinions of some highly qualified publicists in sphere of international law according to the specific jus cogens norms regulating outer space activities. The theoretical basis of this paper includes studying the scientific researches of such authors as A.D. McNair, A. Cassese, A. Orakhelashvili, R. Jakhu. This paper also includes researching legal nature of some of jus cogens norms in international space law, in particularly, the principle of non-appropriation of outer space and the principle of freedom of exploration and use of outer space for the benefit of all States.
DOI: 10.5901/mjss.2015.v6n6p421
Outer Space Co-Operation in the United Nations in 19631 - Volume 58 Issue 3 - James Simsarian
Report of the Committee on Outer Space, op. cit. supra note 11 Ass. Off. Rec. 18th Sess
- See Brazil
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- Id
The United Nations and Outer Space Goedhuis, op. cit. supra note 1
- Cheng
Lasswell and Vlasic, op. cit. supra note 30
- Mcdougal
They draw attention to possible shortcomings of the functional approach
- Ibid
Text of the treaty is given in 54 Am
- U N Hungary
- Gen
The Nuclear Test Ban Treaty and International Law,” 58 Am. J. Int’l L Gardner, op. cit. supra note 38, at 348. The latter was referring to the earlier resolution 1721 A(XVI)
- See
supra note 24, at 233. Petrov, “Spy-Satellites and International Law
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Lasswell and Vlasic, Law and Public Order in Space
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Problems of a Space Law in the United Nations
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Report of the Committe on Outer Space
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cit. supra note 116. Australia, op. cit. supra note 114
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supra note 1, at 116-117. McDougal, Lasswell and Vlasic, op. cit. supra note 30
- Op Goedhuis
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- U N Argentina