International relations in space. Xvi international space law. Current legal status

Extraterrestrial space is divided into air and space. Such a division is predetermined by various technical principles for the movement of aircraft. Space activities affect the interests of all mankind, therefore, outer space, by analogy with air space, cannot be divided into national and international. All outer space as a whole is an international territory, is not subject to national appropriation and the establishment of the sovereignty of any state, is in common use. The concept of the common heritage of mankind applies to outer space.

International space law is a branch of international law, formed in the process of space exploration by states. International space law is a set of rules governing international legal relations regarding the status of outer space as a special extraterrestrial environment and the activities of states in its exploration and use. This is a set of international legal norms that establish the regime of outer space and celestial bodies and regulating the relations of subjects of international law in connection with the use of outer space.

The subject of international space law is international relations in the process of space activities. The object of international space law is the activity of its subjects related to the exploration and use of space, planets solar system, Moon, other celestial bodies, space objects. Space law regulates the activities of states not only in outer space, but also activities on Earth related to the study and exploration of outer space. The subjects of international space law are both traditional and non-traditional subjects of international public law: states, international intergovernmental and non-governmental organizations, legal entities.

Prior to the development of the first universal Treaty on outer space in 1967, the basic rules of space activities had the status of customary legal norms (for example, the principle of non-extension of state sovereignty to outer space). Until now, in international space law, there is a large conglomeration of precisely the usual norms that have been formed in the practice of states (100-110 km from the surface of the Ocean - the border between air and outer space). In addition, many provisions of space law are enshrined in bilateral agreements between the main space powers - the USA and the USSR. Other states adhere to the rules established in these agreements at the level of international custom.

Features of international customary norms in space law - they were formed over a fairly short time (from the beginning of the 60s to the mid-70s of the XX century).

In the field of space law, a large number of universal international agreements. The main one is the Treaty on the Principles of Activities of States in the Use and Exploration of Outer Space, Including the Moon and Other Celestial Bodies, 1967 (Treaty on Outer Space). This Treaty establishes the most general international legal principles of space activities (participants are about 100 states of the world).

Other universal agreements on international space law: Treaty on the Prohibition of the Use of Nuclear Weapons in the Atmosphere, Outer Space and Under Water, 1963; Agreement on Rescue of Astronauts, Return of Astronauts and Return of Objects Launched into Outer Space, 1968; Convention on International Liability for Damage Caused by Space Objects, 1972; Convention on the Registration of Objects Launched into Outer Space, 1975; Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979 In 2007, under the auspices of the United Nations, the Guidelines of the Committee on the Peaceful Uses of Outer Space on Space Debris Mitigation were adopted.

The circle of states to which the norms of space law apply is wider than the "space club", i.e. circle of states that are directly involved in the exploration and use of outer space. At the same time, the generally recognized principles of international space law apply to all states, regardless of their participation in space activities.

In the regulation of international space law, an important role is played by the resolutions-recommendations of international organizations (primarily the UN General Assembly): Declaration of Legal Principles Regulating the Activities of States in the Exploration and Use of Outer Space, 1963; Principles for the Use by States of Certain Satellites of the Earth for International Direct Television Broadcasting, 1982; Principles Concerning Remote Sensing of the Earth from Outer Space, 1986; Principles for the Use of Nuclear Power Sources on Board Space Objects 1992; 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of All States, with Special Consideration to the Needs of Developing Countries

The joint activities of states in space are regulated mainly by international scientific and technical agreements - the constituent acts of INGOs (INMARSAT, INTELSAT, the European Space Agency, Interput). Important role in this area play the activities of the UN legal and scientific and technical subcommittees, the UN Committee on the Peaceful Uses of Space Law and its working groups.

The basic principles of international space law are enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, 1963 and in the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967:

• – non-distribution of state sovereignty to outer space;
• – exploration and use of outer space for the benefit of all mankind;
• - equal rights of all states in the exploration and use of outer space;
• – prohibition of national appropriation of outer space;
• – compliance of space activities with generally recognized principles and norms of international law;
• - freedom of space for scientific research;
• - the use of the moon and other celestial bodies only for peaceful purposes;
• – international responsibility of states for all national space activities;
• – international responsibility of states for damage caused by space objects;
• - cooperation and mutual assistance of states in the exploration and use of outer space;
• – preservation of state jurisdiction and control over state space objects;
• - the obligation of states to prevent space pollution.

Content.

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

Introduction.

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

This supernova branch of international law was studied and developed by many scientists (V. S. Vereshchetin, G. P. Zhukov, E. P. Kamenetskaya, F. N. Kovalev, Yu. M. Kolosov, I. I. Cheprov and others) . Nevertheless, many issues of this topic are unresolved and debatable in theory and practice so far. For example, since 1966, the UN Committee on Outer Space has been considering the issue of the delimitation of air and outer space, and so far no agreement has been reached on how to resolve this problem. A number of states are in favor of establishing a conditional boundary between air and space at an altitude not exceeding 100 kilometers above ocean level, with the right of space objects to fly through foreign airspace to enter outer space or to return to Earth.

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

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 is subject to special rules, which may constitute a new branch of international law, but by no means an independent legal system. To date, there are no clear, clear, comprehensive principles of international space law, taking into account the current realities.

This work is not intended to discover or develop new principles of international space law. On the contrary, it is an attempt to systematize and generalize the currently available legal norms and principles that regulate the activities of states in outer space and their relations in this area. Without such a systematization, it is difficult to get a complete picture of the current situation in international space law. If this attempt is successful, then this work could serve as a basis for further research in the field of international space law with a view to possible additions, introduction of new norms and principles.

Chapter 1. The concept and features of international space law.

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

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

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

Today in science there is no generally recognized system of international law. Each author pays the most attention to it and substantiates his own point of view. However, this does not give grounds for the conclusion that it “is not an ordered system of agreed norms; at best it is a collection of norms various origins, more or less arbitrarily systematized by the authors. Such, for example, is the opinion of the well-known Polish lawyer K. Wolfke.

Modern international law has determined the main goals of the interaction of states, and thus the international legal regulation. As a result, it began to more accurately determine not only the forms, but also the content of interaction between states.

The existing set of basic principles of international law united, organized and subordinated previously disparate groups of norms. International law has ceased to be only dispositive, a set of imperative norms has appeared ( jus cogens), that is, universally recognized norms from which states are not entitled to deviate in their relations even by mutual agreement.

Another feature of the system appeared - the hierarchy of norms, the establishment of their subordination. The hierarchy of norms makes it possible to determine their place and role in the system of international law, to simplify the process of harmonization and overcoming conflicts, which is necessary for the functioning of the system.

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

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

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

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

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

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

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

Above-ground space is divided into air and space. This division is predetermined by the difference technical principles movement of aircraft: for aviation, this is the wing lift and propulsion; for astronautics, this is mainly inertial motion under the influence of the attraction of the Earth and other planets.

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

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

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

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

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

Even before the development of the first Special Treaty on Outer Space in 1967, a number of principles and norms of international space law had taken shape as customary law. Some customary legal principles and norms related to space activities have found their confirmation in the unanimously adopted resolutions of the UN General Assembly. Of particular note are resolution 1721 (16) of 20 December 1961 and resolution 1962 (18) of 13 December 1963. The latter contains the Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space.

International space law is formed mainly as a treaty law.

Prior to the advent of the first Outer Space Treaty in 1967, there were separate treaty rules governing certain aspects of activities in outer space. We find them in some international acts:

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

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

* Declaration on the principles of international law relating to friendly relations and cooperation between states in accordance with the UN Charter of October 24, 1970;

* The final act of the conference on security and cooperation in Europe of August 1, 1975 (Entered into force on August 1, 1975. 9 states participate in it / data for 1996 /, including Russia from August 1, 1975.).

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

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

First of all, it is necessary to single out a group of major international treaties developed at the UN, and then signed and ratified by a large number of states. For example:

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

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

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

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

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

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

The second group of sources of international space law is formed by numerous international scientific and technical agreements, conventions, and so on, regulating the joint activities of states in space. In their name, form, purpose, nature of the norms contained in them, scientific and technical agreements on outer space are very diverse. For example,

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

* Resolution of the UN General Assembly 37/92 “Principles for the use by States of artificial satellites Lands for International Direct Television Broadcasting, December 10, 1982;

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

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

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

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

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

According to this agreement, the joint activities of the nine states are subject to implementation on the basis of interstate programs. Their implementation is coordinated by the Interstate Space Council. Execution of the military space programs provided by the Joint Strategic Armed Forces. Funding bases - share contributions of the states-participants.

The parties to the agreement reaffirmed their adherence to the norms of international law and earlier adopted by the USSR obligations under international treaties in the field of exploration and use of outer space.

The agreement proceeds from their preservation of the existing space complexes and objects of space infrastructure that were located on the territories of the participating states during their stay in the USSR.

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

Since the 1980s, there has been a process of privatization and commercialization of space activities, which puts the formation of private international space law on the agenda. This trend is facilitated by the development of national space legislation in a number of countries. At the same time, there is a point of view according to which international space activities can be regulated exclusively by the norms of international public law, since legal entities and individuals various countries cannot enter into legal relations on these issues without the consent of the states responsible for all national space activities.

In 1975, the European Space Agency (ESA) was formed by the merger of the pre-existing European Research Organization (ESRO) and the European Launch Vehicle Organization (ELDO). According to the founding act, the task of the ESA is to establish and develop cooperation between European states in the development and application of space science and technology exclusively for peaceful purposes. The headquarters of the ESA is located in Paris.

In 1964, the International Organization for Communications Via Artificial Earth Satellites (INTELSAT) was established on the basis of the Agreement on Interim Conditions for the Creation of a Global System of Communications Satellites. In 1971, permanent agreements on INTELSAT were signed. Over 120 countries are members of INTELSAT. The task of INTELSAT is to create and operate on a commercial basis a global satellite communications system. INTELSAT is headquartered in Washington DC.

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

The International Maritime Satellite Organization (INMARSAT) was founded in 1976. Its members are more than 60 states. The goals of this organization are to provide the space segment necessary to improve maritime communications in the interests of improving the distress warning system and ensuring the safety of human life at sea, increasing the efficiency of ships and managing them, improving maritime public correspondence services and radio detection capabilities. INMARSAT is headquartered in London.

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

· International Telecommunication Union (ITU);

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

· World Meteorological Organization (WMO);

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

· Intergovernmental Maritime Consultative Organization (IMCO).

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

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

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

Mankind's success in space exploration, the global nature of this activity, the high cost of its implementation puts on the agenda the creation of a World Space Organization that would unite and coordinate efforts to explore and use outer space. In 1986, the USSR submitted to the UN a proposal to establish such an organization and subsequently submitted a draft of the main provisions of the Charter of the WSC, containing a description of its goals, functions, structures and funding. This proposal provided, in particular, that in addition to developing and deepening international cooperation in the field of peaceful exploration of outer space, the Aerospace Defense Forces would monitor compliance with future agreements on the prevention of an arms race in outer space.

Chapter 2. Principles

international space law.

1. The concept of the principles of international law.

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

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

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

Within international law, there are different kinds of principles. Among them, principles-ideas occupy an important place. These include the ideas of peace and cooperation, humanism, democracy, and so on. They are reflected in such acts as the UN Charter, human rights covenants and many other documents. Principles-ideas carry out the bulk of the regulatory action through specific norms, being reflected in their content and guiding their actions.

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

Being the core of the system of international law, the principles determine the general avant-garde regulation when new subjects or a new area of ​​cooperation appear. So, for example, when such a new sphere as the cooperation of states in outer space arose, the action of the principles was immediately extended to this sphere as well. In addition, the emerging state will be bound by the principles of international law.

The role of principles in filling gaps in international law is significant.

A number of norms of international law are called principles. Although these are the same international legal norms, some of them have long been called principles, while others have been called so because of their significance and role in international legal regulation. It should be noted that the principles of law are a normative reflection of the objective order of things, social practice, patterns community development, rather than subjective ideas about these processes.

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

Compliance with the principles of international law is strictly mandatory. It is possible to abolish the principle of international law only by abolishing public practice, which is beyond the power of individual states or a group of states. Therefore, any state is obliged to respond to attempts to unilaterally "correct" public practice, even violating the principles. The report of the UN Secretary-General on the work of the Organization in 1989 states: “A tangible change has taken place, rooted in the recognition that, in order to secure durable solutions, international problems these decisions must be based on the generally accepted principles laid down in the Charter of the United Nations.”

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

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

Another characteristic feature is their interconnectedness. Only in interaction are they able to fulfill their functions. With a high level of generalization, the content of the principles, the application of the prescriptions of each of them is possible only by comparing with the content of others. The significance of their interrelationship was emphasized from the outset in the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, dated October 24, 1970 (Declaration of Principles) “in the interpretation and application of the above principles are interrelated and each principle must be considered in the context of all other principles.

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

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

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

In order for the principle to become generally binding, it must be recognized by the international community as a whole, that is, by a fairly representative majority of states. The features of the formation and functioning of the principles are largely determined by the fact that they reflect and consolidate the necessary foundations of the world order and international law. They represent necessary right (jus necessitatis).

When presenting the principles of international law, one cannot dwell on the concept of " general principles rights". It is actively discussed in connection with Art. 38 Status International Court of Justice UN, according to which the Court, along with conventions and customs, applies "general principles of law recognized by civilized nations" .

There are different opinions about this. Supporters of the broad understanding consider that this concept covers the general principles of natural law and justice and that it is a question of a special source of international law.

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

Finally, according to the third concept, general principles are understood as principles common to national legal systems. Basically, we are talking about rules that reflect the patterns of application of norms in any legal system. For international law, such principles are important due to the underdevelopment of procedural law. To enter the system of international law, it is not enough to be a principle common to national legal systems, it is necessary to be suitable for action in this particular system. It must also be incorporated into international law, albeit in a simplified manner, as a result of the implied consent of the international community. Having thus become customary rules, general principles cannot be regarded as a special source of international law. Even in the context of European integration arbitrage practice proceeds from the fact that the general principles of law are “not only the general principles of the national law of the Member States, but also the principles of public international law”.

The basic principles of international law are enshrined in the UN Charter. It is widely recognized that the principles of the UN Charter are jus cogens, that is, they are obligations of a higher order and cannot be canceled by states either individually or by mutual agreement.

The most authoritative documents that reveal the content of the principles of modern international law are the Declaration of Principles adopted by the UN General Assembly on September 24, 1970, and the Declaration of Principles by which the participating States will be guided in mutual relations, contained in the Final Act of the CSCE of August 1, 1975.

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

2. Types and features of the principles of international space law.

The principles of international space law are enshrined in the 1967 Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies.

The following principles of international space law are distinguished:

The principle of sovereign equality.

One of the main principles is the principle of equality of states. In the Charter of the United Nations, in the article on principles, the first paragraph is put, which reads: "The Organization is based on the principle of the sovereign equality of all its Members"(Article 2). This principle underlies not only the UN, but also the system of managing international relations as a whole.

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

This shows that the principle of sovereign equality is not a mechanical combination of two previously known principles - respect for sovereignty and equality. The merging gives additional meaning to the new principle. The inseparable connection between its two elements is emphasized.

In theory and practice, the view that international law, any international obligation limits the sovereignty of a state is very common. In fact, it is international law that ensures sovereignty and prevents its abuse. In the report of the Cabinet of International Law of the Czechoslovak Academy of Sciences, prepared back in the 50s, it was said: "International law does not mean limiting state sovereignty, on the contrary, it provides and ensures the possibility of its manifestation and application also outside the borders of the state ..."

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

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

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

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

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

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

With regard to space activities, this principle also means the equality of all states both in the implementation of space activities and in resolving issues of a legal and political nature that arise in connection with its implementation.

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

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

In Art. 11 of the Agreement on the Activities of States on the Moon and Other Celestial Bodies states that " The moon and its natural resources are the common heritage of mankind." and therefore " not subject to national appropriation, either by claiming sovereignty over it, or by use or occupation, or by any other means.” Paragraph 3 of the same article says that “The surface or subsoil of the Moon, as well as areas of its surface or subsoil, or natural resources where they are, cannot be the property of any state, international intergovernmental or non-governmental organization, national organization or non-governmental institution, or any natural person. Placement on the surface of the Moon or in its subsoil of personnel, spacecraft, equipment, installations, stations and structures, including structures inextricably linked with its surface or subsoil, does not create ownership of the surface or subsoil of the Moon or their sections." Also "the parties have the right to explore and use the Moon and other celestial bodies without discrimination of any kind, on the basis of equality and in accordance with international law and the terms of this Agreement " .

Principle of non-use of force and threat of force.

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

The obligation not to use force or threat of force extends to all states, since the maintenance of international peace and security requires that all states adhere to this principle.

According to the UN Charter, not only the use of armed force is prohibited, but also non-armed violence, which is in the nature of the unlawful use of force. It should be recognized that the application armed forces represents the greatest danger to the cause of peace.

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

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

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

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

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

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

The principle of the prohibition of the use of force and the threat of force in international relations also extends to the space activities of states and the relationships between them that arise in connection with this. All activities in outer space must be carried out in the interests of maintaining peace and security. It is forbidden to put into orbit any objects with nuclear weapons of mass destruction (chemical, bacteriological, radiological and others), it is also forbidden to install such weapons on celestial bodies and place such weapons in outer space. The moon and other celestial bodies are used exclusively for peaceful purposes. It is forbidden to create military installations on them, test weapons and conduct military maneuvers. Meanwhile, in the United States, a program is still alive to create anti-missile systems space-based, contrary to the 1972 Treaty with the USSR on the limitation of systems missile defense, prohibiting the testing and deployment of such systems.

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

The 1963 Nuclear Test Ban Treaty in Atmospheric, Outer Space and Under Water obliges its parties to ban, prevent and refrain from carrying out any nuclear weapon test explosions and any other nuclear explosions in outer space.

Under the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment 1977, it is prohibited to resort to this kind of influence as a means of destruction, damage or harm to another state, including for changing outer space, by deliberately controlling natural processes.

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

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

The extreme danger of turning outer space into a theater of military operations once prompted the government of the USSR to come up with an initiative for the complete demilitarization and neutralization of outer space. In 1981, it submitted to the UN a proposal to conclude a Treaty on the Prohibition of the Placement of Weapons of Any Kind in Outer Space, and in 1983, a draft Treaty on the Prohibition of the Use of Force in Outer Space and from Outer Space against the Earth. These drafts were referred to the Conference on Disarmament for discussion. Since 1985, Soviet-American (and now Russian-American) talks on nuclear and space weapons have also been held in Geneva.

Of great importance for limiting the military use of outer space are the Soviet-American agreements on the limitation of strategic offensive arms (START), which include intercontinental ballistic missiles whose trajectory passes through space, and the 1972 Treaty between the USSR and the United States on the Limitation of Anti-Missile Defense Systems.

The principle of peaceful settlement of international disputes.

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

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

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

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

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

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

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

Member States of the United Nations have committed themselves to " to pursue by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes and situations that may lead to a breach of peace"(Clause 1, Article 1 of the UN Charter).

The mechanism for implementing the principle of peaceful resolution of international disputes exists in the form of a system of international legal means of such regulation. In accordance with Art. 33 of the UN Charter, the parties to the dispute, " should first of all try to resolve the dispute by negotiation, examination, mediation, conciliation, arbitration, judicial trial, appeals to regional bodies, or agreements, or other peaceful means of one's choice " .

In accordance with modern concepts of international law, states are obliged to resolve their disputes only by peaceful means. At international conferences, representatives of some countries sometimes resort to arbitrary interpretation of the UN Charter in order to prevent the inclusion of the word "only" in the formulation of the principle. At the same time, it is argued that the Charter does not so much fix the provision that disputes must be settled by peaceful means, as it requires that the peace and security of states should not be endangered in the settlement of international disputes.

However, the provisions of the Charter say otherwise. General position paragraph 3 of Art. 2 applies to all disputes, including those whose continuation may not endanger international peace. According to paragraph 1 of Art. 1 of the Charter, international disputes must be resolved in accordance with the principles of " justice and international law". In the above article, almost all known means of peaceful resolution of disputes are named.

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

With regard to outer space activities, this means of peaceful settlement of disputes has found its way into many normative documents. For example, the 1967 Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies states that in the exploration and use of outer space practical matters which may arise in connection with the implementation of activities by international intergovernmental organizations are resolved by the participating States, either with the relevant international organization, or with one or more member states of this international organization. If any state party to the 1967 Outer Space Treaty has reason to believe that an activity or experiment planned by that state may create potentially harmful interference with the activities of other states parties, then it should conduct appropriate international consultations.

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

The Charter of the United Nations leaves the parties to a dispute free to choose such peaceful means as they deem most appropriate for the resolution of the dispute. The practice of discussing this issue at international conferences shows that many states in the system of peaceful means prefer diplomatic negotiations, through which most disputes are resolved.

Direct negotiations the best way meet the task of quickly resolving an international dispute, guarantee the equality of the parties, can be used to resolve both political and legal disputes, best contribute to reaching a compromise, make it possible to start resolving the conflict immediately after it occurs, allow preventing the dispute from growing to such a scale when it may threaten international peace and security.

An analysis of the principle of peaceful settlement of international disputes, enshrined in the Declaration on Principles of International Law, 1970 and the Final Act of the CSCE, 1975, shows that, despite resistance, a number of important provisions have been upheld, which, undoubtedly, are a further development of the relevant provisions of the UN Charter .

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

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

The Claims Commission is composed of three members: a Commissioner appointed by the Claimant State, a Commissioner appointed by the launching State, and a Chairman jointly chosen by the two parties. Each party shall make the appropriate appointment within two months from the date of the request for the establishment of a Claims Commission. If, within four months from the date of the request for the establishment of the Commission, no agreement is reached on the choice of a chair, either party may request the Secretary-General of the United Nations to appoint a chair within a subsequent period of two months.

The principle of cooperation.

The idea of ​​all-round international cooperation of states, regardless of differences in their political, economic and social disputes in various areas of maintaining peace and security, is the main provision in the system of norms contained in the UN Charter. As a principle, it is formulated in the 1970 Declaration on Principles of International Law.

The main areas of cooperation have been identified:

maintaining peace and security;

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

· cooperation with the UN and the adoption of measures provided for by its Charter, and so on.

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

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

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

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

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

The duty of all states to cooperate with one another naturally implies conscientious observance states of the norms of international law and the UN Charter. If any state ignores its obligations arising from the universally recognized principles and norms of international law, then this state thereby undermines the basis of cooperation.

The general principle of cooperation established by international law is fully applicable to interstate relations related to the exploration and use of outer space. The desire to contribute to the maximum extent to the comprehensive development of international cooperation in outer space was declared by the states in the preamble to the 1967 Outer Space Treaty, as well as in many articles of this treaty, and this gives grounds to include the cooperation of states in the exploration and use of outer space among the basic principles of international space law.

Thus, the Outer Space Treaty of 1967 consolidated the principle of cooperation between states as one of the general principles, the basic principles of international space law. A number of provisions of the 1967 Outer Space Treaty derive from and detail the principle of cooperation. 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, course, place and results of their activities in outer space, etc. .d.

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 success 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 law.

The principle of conscientious fulfillment of international obligations.

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

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

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

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

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

The principle of conscientious fulfillment of international obligations applies only to valid agreements. This means that the principle under consideration applies only to international treaties concluded voluntarily and on the basis of equality.

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

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

I note that the principle under consideration is enshrined in the legislation of the Russian Federation. The Law of the Russian Federation "On International Treaties of the Russian Federation" dated June 16, 1995 states: "The Russian Federation stands for strict observance of treaty and customary norms, reaffirms its commitment fundamental principle international law - the principle of fulfillment in good faith of obligations under international law."

As an element of the principle under consideration, the principle of good faith obliges to clarify in good faith the actual circumstances, the interests of states and the international community that are within the scope of the norm; choose in good faith the rules to be applied; to ensure the real compliance of the implementation of the norms with their letter and spirit, international law and morality, as well as other obligations of the subjects; prevent abuse of rights. Good faith also means not facilitating the violation of norms by other states.

Conscientious fulfillment of obligations is based on reciprocity. Violating the norm should not apply for the use of the rights arising from it. Recall that the deprivation of the opportunity to enjoy the rights arising from the norm is the main type of reprisals.

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

The treaty imposes a number of obligations on states:

· to promote international cooperation in the scientific research of outer space;

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

· provide assistance to cosmonauts of other states in case of distress and forced landing (in any place outside the launching state) and immediately return them to the launching state;

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

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

· bear international responsibility for damage caused by space objects;

· to return to the launching state, at its request, space objects found somewhere outside the launching state;

· take into account the relevant interests of other states in space exploration;

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

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

· to consider on an equal footing the requests of other states for providing them with the opportunity to observe the flight of space objects (ie, for the placement of observation stations);

To the greatest extent possible and practicable, inform the UN Secretary-General, the public and international science community about the nature, place, course and results of their space activities;

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

The agreement prohibits:

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

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

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

· assign space objects of other states, regardless of the place of their discovery.

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

The principle of international legal responsibility.

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

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

Responsibility arises from an internationally wrongful act, the elements of which are:

· subjective element - the presence of the guilt of the subject as such (not one or another person, but the state as a whole);

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

The objectives of the liability principle are as follows:

deter a potential offender;

to induce the offender to perform their duties properly;

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

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

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

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

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

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

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

Liability issues are resolved at the interstate level, even if the damage is caused to individuals and legal entities. The claim for damages is submitted through diplomatic channels, and in case of failure to reach a settlement, it is submitted to the Claims Commission. Each party appoints one member who elects a third. The commission shall issue a determination of a recommendatory nature, unless otherwise agreed by the parties.

The issue of liability for damage caused by activities in space is of great importance. This activity may have an impact on environment lead to loss of life and property.

The principle of environmental protection.

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

The concept of "environment" covers a wide range of elements related to the conditions of human existence. They are divided into three main objects:

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

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

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

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

Ecological security is a complex, interconnected and interdependent system of the planet's ecological components, as well as the preservation and maintenance of the existing natural balance between them.

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

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

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

worked out shunting stages and engines;

various protective shells;

Loose paint particles and others.

It should be taken into account that, firstly, due to the laws of orbital mechanics, such objects revolving around the Earth in sufficiently high space orbits will stay on them for many years before entering the dense layers of the atmosphere, and, secondly, huge speeds moving objects in space transform even the most small object V " bullet", a collision with which a functioning space object is fraught with fatal consequences for it.

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

In the Agreement on the Activities of States on the Moon and Other Celestial Bodies, Article 7 says that: " In the study of the use of the Moon, the parties must take measures to prevent the destruction of the existing balance of the environment. The Parties shall also take measures to avoid detrimental effects on the Earth's environment. The Parties shall notify the Secretary General of the United Nations in advance of any radioactive material they place on the Moon and of the purpose of such placements."

Chapter 3 Branch principles of international space law.

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

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

Underlying these principles under the 1967 Outer Space Treaty are the following rights of States:

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

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

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

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

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

* apply with requests to be given the opportunity to observe the flight of their space objects (in order to conclude agreements on the deployment of tracking stations in the territories of other states);

* the right to visit (on a reciprocal basis and after advance notice) all stations, installations and spacecraft on celestial bodies.

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

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

The great prospects that open up before humanity as a result of man's penetration into space, combined with the general interest in the process of exploration and use of outer space, makes such cooperation an important tool for developing mutual understanding and strengthening friendly relations between states.

In most cases, industry principles, as well as the main principles of international space law, are contractual.

Help principle.

According to the 1967 Outer Space Treaty, astronauts are regarded as "messengers of mankind in space". In the opinion of most lawyers, this provision is more of a solemn declarative rather than a specific legal character and should not be interpreted as granting the astronaut a supranational status of a kind of "citizen of the world."

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

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

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

The property rights to space objects and their constituent parts remain unaffected while they are in outer space, on a celestial body or upon their return to Earth. Space objects discovered outside the territory of the state that launched them must be returned to it. However, if the aforementioned obligation to return astronauts to the launching state of the spacecraft is unconditional, and this state is not obliged to reimburse the expenses incurred during the search and rescue operation of its astronauts, then the obligation to return space objects or their components to the launching state is not unconditional: for the return space objects or their components, the launching State needs that State, firstly, to request it and, secondly, to provide identification data upon request. Expenses incurred during the operation to locate and return a space object or its components to the launching State shall be covered by that State.

The principle of registration.

Under the 1975 Convention on the Registration of Objects Launched into Outer Space, each launched object is subject to registration by entering into a national register. The Secretary-General of the United Nations maintains a Register of Space Objects, which records the data submitted by launching States for each space object.

When a space object is launched into orbit around the Earth or further into outer space, the launching State records the space object. If, for any such facility, there are two or more launching States, they jointly determine which of them will register the facility. The content of each register and the conditions for its maintenance are determined by the respective state.

Each State of Registry shall provide the UN Secretary-General, as soon as reasonably practicable, with the following information on each item entered in the register:

period of circulation

inclination,

apogee,

the perigee

general purpose of a space object.

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

Principles in applied types of space activities.

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

According to UN General Assembly Resolution 1721 (16) of December 20, 1961, satellite communications should be made available to all states on a worldwide, non-discriminatory basis.

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

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

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

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

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

In 1986, the UN General Assembly adopted the Principles concerning remote sensing from outer space. According to these principles, the sounding of foreign territories from outer space is lawful and states should promote the development of international cooperation in this field. The probing states must provide the probed states with raw data and processed information relating to the territories of the latter. The probing states shall enter into consultations with the states whose territory is being probed, at the request of the latter.

In 1992, the UN General Assembly adopted the Principles Concerning the Use of Nuclear Power Sources in Outer Space. This document proceeds from the practical expediency of using nuclear power sources on board space objects. At the same time, states should make efforts to protect people and the biosphere from radiological hazards. Nuclear energy sources can be used during interplanetary flights and in sufficiently high orbits, and in low near-Earth orbits, provided that spent objects are stored in sufficiently high orbits. It is planned to carry out peer review safety of nuclear power sources prior to their launch into space. The results of the pre-launch assessment should be published and reported to the UN Secretary General. Information is also provided in case of danger of returning radioactive materials to Earth.

States bear international responsibility for all national activities involving the use of nuclear power sources in space. States are also liable for damages. At the same time, the concept of damage includes reasonable expenses for carrying out operations to search, evacuate and clear contaminated territories.

Conclusion.

The level of spontaneity is unacceptably high in international life. An interconnected, unified world is formed, as it were, by touch. As in the past, much of the problem is solved by trial and error, which is fraught with serious danger.

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

International space law is no exception in this sense. general rule. Steady observance by all states of the principles of international space law - essential condition further successful development of relations in the exploration and use of outer space.

Still remaining a little-studied area of ​​human knowledge, the cosmos, nevertheless, is a grandiose field of activity. It is difficult to overestimate the exceptional importance of space activities for mankind, because even the most daring forecasts and expectations related to space are not able to give even the slightest idea of ​​what benefits human activities in space can bring. Supported and provided with legal norms, this activity will serve to ensure the vital interests of a person, people, state and the entire international community, contributing to the strengthening of cultural, political, economic and other ties between countries and people

List of used literature.

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

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

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

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

International law. M. 1998. S. 561.

Kolosov Yu.M. Fight for peaceful space. M., 1968.

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

Decision of the Court of Justice of the European Communities of December 12, 1972// International Law Reports. 1979 Vol. 53.P.29. International public law. Collection of documents. T. 2. M. 1996. S. 354.

a set of legal principles and norms that regulate relations between states in the process of exploration and use of outer space and celestial bodies and determine their legal regime. M.c.p. is based on general international legal principles, including the principles of the UN Charter.

Great Definition

Incomplete definition ↓

INTERNATIONAL SPACE LAW

a branch of international law representing a set and system of norms governing relations between states and international organizations in the field of their activities in the exploration and use of outer space, including celestial bodies. Space exploration was new area activity of mankind, which caused the need for legal regulation of relations arising in the process of its implementation. Prior to the conclusion of special agreements on the exploration and use of outer space, states were guided by the basic norms and principles of general international law. On December 13, 1963, the UN General Assembly adopted, in particular, resolution 1962/XVIII containing the Declaration of Principles Governing the Activities of States in the Exploration and Use of Outer Space, referring to such principles the principle of freedom of exploration and use of outer space and non-extension of state sovereignty to outer space. The rules relating to the regulation of certain aspects of space activities are also contained in a number of universal international acts: the 1963 Treaty on the Ban on Nuclear Weapons Tests in the Atmosphere, Outer Space and Under Water, the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment , V international convention and the Rules of the International Telecommunication Union, etc. Since 1959, the subsidiary body of the General Assembly, the UN Committee on the Peaceful Uses of Outer Space (UN Committee on Outer Space), which includes 61 states, has been developing international legal acts of space law. Under the auspices of the UN, a number of special treaties were developed and concluded, including the 1967 Treaty on the Principles of Activities of States in the Exploration and Use of Outer Space, the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on International Responsibility for damage caused by space objects 1972, Convention on the Registration of Objects Launched into Outer Space 1975, Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979 (entered into force 1984). The 1967 Treaty is of a fundamental nature: it established the general principles and norms of space activities of states, the legal status and regime of outer space and celestial bodies, the basis for the legal status of astronauts who are in outer space or who landed in an emergency outside their state, and space objects, as well as the legal mode of some types of space activities. Under this Treaty, outer space is open to exploration and use by all States without any discrimination on the basis of equality and in accordance with international law; outer space, including the Moon and other celestial bodies, is not subject to national appropriation; The moon and other celestial bodies are used exclusively for peaceful purposes; launching into orbit and other placement in space of objects with nuclear weapons and other types of weapons of mass destruction is prohibited; states bear international responsibility for all national space activities, incl. carried out by non-governmental legal entities. These general principles and norms were then developed and specified in subsequent international agreements. The emergence of a number of new uses of outer space (space communications, the study of the Earth's natural resources from space, meteorology, etc.) required the establishment of legal regimes for certain types of space activities. The UN Committee on Outer Space prepared and approved by the General Assembly a number of international acts, in particular, the Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982), the Principles Concerning the Use of Nuclear Power Sources in Outer Space (1992). Since 1967, the UN has been discussing the problem of the limits of the spatial jurisdiction of states, i.e. about the boundary between earthly and outer space. The sources of international space law are also various international scientific and technical agreements regulating joint space activities of the participating states. On the basis of such agreements, a number of local space organizations have been created (Intersputnik, Intelsat, Inmarsat, the European Space Agency), multilateral and bilateral space programs are being implemented (in particular, the Agreement between the USSR and the USA on cooperation in the exploration and use of outer space for peaceful purposes 1987, Agreement on the operation of the marine launch complex 1995 between Ukraine, Russia, Norway and the USA). In the 80s. In connection with the prospect of commercialization of space activities and the participation of new entities (private organizations, corporations, firms, companies) in it, there is a need for domestic regulation of the space activities of national legal entities, taking into account the obligations of the state under the 1967 Treaty of Principles, in particular, its responsibility for the entire national space activity. Common to such legislative acts is the system of licenses for the implementation of space activities, its implementation under the control of the state. In Russia, the Law of the Russian Federation "On Space Activities" 1993 with amendments and additions in 1996 is in force. In 1993, the Russian Space Agency (RCA) was established - a federal executive body for public policy in the field of space activities and coordination of work on the implementation of the Federal Space Program, the creation of space technology for scientific and national economic purposes. Within the framework of the CIS, multilateral and bilateral international treaties have been concluded relating to the space activities of the participating states, in particular - the Agreement on Joint Activities in the Exploration and Use of Outer Space 1991; Agreement on the Procedure for the Maintenance and Use of Space Infrastructure Objects in the Interests of the Implementation of Space Programs 1992; Agreement on the Procedure for Financing Joint Activities in the Exploration and Use of Outer Space 1992; Agreement between the Russian Federation and the Republic of Kazakhstan on the lease of the Baikonur Cosmodrome, 1994. E.G. Zhukov

space law- a branch of international law, which is a set of legal norms and principles aimed at regulating the use of outer space, the legal status of space objects and astronauts.

Space

Subjects of international space law

• sovereign states;
• International intergovernmental organizations;
• International law allows the implementation of space activities by legal entities, but at the same time they are still not subjects of space law, since their activities are strictly regulated by states.

Objects of space law

• Space;
• celestial bodies;
• artificial space objects;
• astronauts;
• Results of practical space activities.

Sources of space law

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

International legal regime of outer space and celestial bodies

Space- the space outside the air sphere of the Earth.

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

• Outer space, celestial bodies, including the Moon, cannot be subject to the sovereignty of individual states;
• Participants in space activities are guided by the principles of cooperation and mutual assistance in the exploration of outer space, celestial bodies and the implementation of practical activities in space;
• When carrying out space activities, the participating states inform the UN Secretary General, the public and the international community about their activities related to the use and exploration of the Moon (about the launch time, about the duration of research, about activities). When conducting research on the Moon, States Parties may collect samples minerals and take them out. States can carry out research activities on the Moon anywhere on its territory (movement is not limited);
• At the same time, states retain the right of ownership to space objects and objects built on celestial bodies;
• It is also prohibited to launch any types of weapons of mass destruction into the Earth's orbit and outer space and install such weapons on celestial bodies. It is forbidden to create military bases on the Moon and other celestial bodies, to test any types of weapons.

International legal regime of space objects. Legal status of astronauts

The State, under which a space object launched into outer space is registered, retains jurisdiction and control over such an object and its crew.

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

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

Cosmonauts are considered as envoys of humanity in space and they are assisted in case of an accident, disaster or forced landing on the territory of the state of landing, as well as to return astronauts to the state of their citizenship.

Features of international legal liability for damage caused to space objects

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

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

If damage is caused by one space object to another space object, then the responsibility is borne by the subject through whose fault this happened.

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

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

As a general rule, a claim must be filed within one year from the date of the damage or the establishment of the responsible (launching) state. In some cases, a claim may be filed within a year from the date on which the injured State became aware of the damage caused to it.

Topic number 9.

1. The concept, sources and principles of the ITUC.

2. legal regime of outer space and celestial bodies.

3. legal regime of space objects.

4. legal regime of astronauts.

MCP is one of the newest branches of modern MT.

The ISL is a set of norms and principles of the International Standards that regulate the relations of states in the use and exploration of outer space and celestial bodies.

MCP sources are predominantly international treaties. The main MDs in this area include the following:

· an agreement on the principles of the activities of states in the exploration and use of outer space, including the moon and other celestial bodies. (1967 - space treaty).

· agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, 1968.

· Convention on International Liability for Damage Caused by Space Objects, 1972.

· Convention on Registration of Objects Launched into Outer Space, 1975.

· agreement on the activities of states on the moon and other celestial bodies, 1979. (Treaty of the Moon).

Principles of the ITUC:

freedom to use outer space, the moon and other celestial bodies without any discrimination

freedom to explore outer space, the moon and other celestial bodies without any discrimination

ban on the extension of state sovereignty to outer space, the moon and other celestial bodies

ban on private appropriation of outer space, the Moon and other celestial bodies

The legal regime of outer space, the Moon and other celestial bodies is established and regulated only by the MP

partial demilitarization of outer space (partial demilitarization - military equipment can be used in outer space, but only for peaceful purposes)

· complete demilitarization of outer space, the Moon and other celestial bodies (testing of any types of weapons is prohibited in outer space and on celestial bodies).

for the violation of these principles, states bear international legal responsibility.

KP and NT are territories with m-p regime. those. any state has the right to use and study these objects for peaceful purposes.

The CP begins at an altitude of 100-110 km above sea level. where the airspace ends.

Celestial bodies are any objects of natural origin located in the CP.

States cannot extend their sovereignty to outer space and celestial bodies.

States have the right to place various objects on the surface of celestial bodies. These objects are the property of states, but can be used by cosmonauts if necessary (cosmonauts of any nationality).

Neither the KP nor the NT can be owned in any way. Cannot be the property of the state, FL or LE.

Space objects (OS) are objects of artificial origin that are launched into outer space for its exploration.

satellites

spaceships and their parts

KOs are owned by the states in whose territory they were registered. They are used only for peaceful purposes. There is no private ownership of KOs.

States are required to register all spacecraft that are launched into space from their territory.

The United Nations maintains a general register of all FGMs.

SO located in outer space is subject to the jurisdiction of the state in which it was registered.

If the SC is owned by several states, then the rules of the MT apply on board.

The state is responsible for technical condition KO. if SOs cause damage to any objects in the CP, or on the surface of the Earth, then the responsibility for this damage lies with the state to which this SO belongs.

Astronauts are crew members of spacecraft.

Astronauts are the messengers of mankind in space.

Astronauts are immune. Immunity is associated only with the performance by astronauts of their official duties.

In outer space, cosmonauts have the right to use objects belonging to any state, but only for peaceful purposes and without causing damage to these objects.

it is believed that the cosmonauts are in an extreme situation to the CP. Cosmonauts are not responsible if during landing they violate the air border of a foreign state.

In principle, there are rules for landing a space object on Earth. The MP provides that if they landed in another state, this is not a violation of national or international law.