International outer space. Space law in modern international law. Intellectual Property Law in International Space Projects

11.03.2020

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 regulate 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, the planets of the solar system, the 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 have been adopted. 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 mainly regulated by international scientific and technical agreements - the constituent acts of INGOs (INMARSAT, INTELSAT, the European Space Agency, Interput). An important role in this area is played by the activities of the legal and scientific and technical subcommittees of the UN, 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.

international space law- this is a set of international legal principles and norms that establish the regime of outer space and celestial bodies and regulate relations between states, international organizations and commercial firms in connection with the exploration and use of outer space.

The origin of international space law as a branch of public international law is associated with the beginning of the practical activities of states in outer space, in particular, with the launch in the USSR on October 4, 1957 of the first artificial Earth satellite.

A limited number of highly developed states with the appropriate capabilities are now engaged in space activities. They are the main subjects of international space law. But as a result of such activity and in its international legal regulation, all the states of the world, humanity as a whole, are interested. Therefore, the legal regulation of space activities from the very beginning began to be carried out through the conclusion, mainly, of universal international agreements open to the participation of all states. The main role in the development of such treaties belongs to the United Nations represented by the General Assembly, its subsidiary body - the Committee on the Broader Uses of Outer Space and its Subcommittee on Legal Affairs.

Many international regulations on international space law have been adopted, including:

Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies 1967,

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 to Outer Space Objects 1972,

Convention on the Registration of Objects Launched into Outer Space, 1976,

Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979,

Agreement on the Procedure for Financing Joint Activities in the Exploration and Use of Outer Space 1992,

Memorandum of Cooperation between the National Space Agency of Ukraine and the Russian Aerospace Agency in the field of development of global navigation satellite systems 2003 and others.

International space law is based on the following principles:

1. Freedom to explore and use outer space and celestial bodies.

3. Preservation of the sovereign rights of states to space objects launched by them.

4. Rendering assistance to the crew of the spacecraft in the event of an accident or disaster.

5. International responsibility of states for their activities in outer space.

6. Promoting international cooperation in the peaceful exploration and use of outer space.

Subject of international space law- is a participant, including a potential one, in international legal relations regarding activities in outer space or the use of space technology, a bearer of international rights and obligations.

Object of international space law- this is all about what the subjects of international space law can enter into international legal relations, i.e. outer space, the Moon and other celestial bodies, astronauts, artificial space objects, ground-based components of space systems, results of practical space activities, space activities, forms of cooperation between states in outer space, liability for damage from lawful space activities, and the like.

Space~ synonymous with the astronomical definition of the universe. Distinguish between near space, including "near-Earth" space, and deep space - the world of stars and galaxies.

Space- space that extends beyond the earth's atmosphere. Sometimes they consider not outer space as a whole, but certain parts of it, characterized by different properties - near-Earth outer space, interplanetary space, interstellar space, etc. There is no treaty rule in international space law that establishes a boundary between airspace and outer space. The dominant point of view is that such a feature should be set at an altitude of about 100-1000 km above the Earth's surface.

Astronaut- a person who conducts testing and operation of space technology in space flight.

The main principle governing legal regime of outer space and celestial bodies, is that "outer space, including the Moon and other celestial bodies, shall not be subject to national appropriation, either by claiming sovereignty over them, or by use or occupation, or by any other means". Thus, outer space is open and free for exploration and use by all states; state sovereignty does not extend to it.

At the same time, it is essential for the legal relations of states regarding outer space that openness and freedom for the exploration and use of outer space are not absolute, but have limitations enshrined in international legal acts, for example, in the 1967 Outer Space Treaty. In particular

1. The exploration and use of outer space, including the Moon and other celestial bodies, is carried out for the benefit and in the interests of all countries, regardless of their degree of economic or scientific development, and is the property of all mankind.

2. States Parties shall be guided by the principle of cooperation and mutual assistance and carry out all their activities in outer space, including the Moon and other celestial bodies, with due regard to the respective interests of all States Parties to the Treaty.

3. The states parties to the treaty undertake not to place any objects with nuclear weapons or any other types of weapons of mass destruction into the Earth's orbit, not to install such weapons on celestial bodies, and not to place such weapons in outer space in any other way.

In Art. III of this treaty emphasizes that the exploration and use of outer space shall be carried out in accordance with international law, including the Charter of the United Nations. The states parties to the agreement pledged "to establish an international regime, including appropriate procedures, to regulate the exploitation of the natural resources of the moon." At the same time, the main objectives of such an international regime include:

Orderly and safe mastery of the natural resources of the Moon;

Rational regulation of these resources;

Expanding opportunities to use these resources;

Equitable distribution among all participating States of the benefits derived from these resources.

Responsibility in international space law includes two aspects:

1) international responsibility of states for violation of the norms and principles of international law;

2) liability for damage caused as a result of space activities.

The responsibility of states for space activities is established by Art. VI of the 1967 Outer Space Treaty, which states that the states parties to the treaty bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, regardless of whether it is carried out by governmental organizations and non-governmental legal entities. If space activities are carried out by an international organization, the responsibility for the implementation of the provisions of the treaty shall be borne, along with the international organization, also by the states parties to the treaty that are members and organizations.

In accordance with Art. VII of the Outer Space Treaty, international liability for damage caused by space objects or their components on Earth, in the air and in outer space, including the Moon and other celestial bodies, is borne by the state that carries out or organizes the launch, as well as the state from the territory or whose settings are being launched.

Liability arises when damage is caused to another state by individuals or legal entities.

States bear absolute responsibility for damage caused by space objects on the surface of the Earth or to an aircraft in flight; for damage caused by one space object to another, the responsibility of the state arises only if there is fault. Exemption from liability is provided in case of gross negligence or intent of the victim and a one-year limitation period is established.

The amount of compensation is calculated in accordance with international law and the principles of justice so as to ensure the restoration of the state of affairs that would have existed if the damage had not been caused.

Disputable situations are regulated by specially created ad hoc commissions composed of representatives of the plaintiff state; launching a space object, and jointly chosen by them heads. The decision of the commission is binding if an agreement is reached between the parties. In other cases, it is only a recommendation. These provisions apply to international organizations engaged in outer space activities if such an organization declares that it assumes the rights and obligations provided for by the convention, and provided that the majority of the member states of the organization are parties to the 1972 convention and the 1967 Outer Space Treaty, the responsibility is jointly and severally as the organization itself, and holding you members.

In our time, the vigorous activity of the private sector in outer space requires a revision of the basic principles and norms of international space law and the strengthening of the positions of national space legal regulation. One of the characteristic features of this sphere is the heterogeneity of the subjects of space activities. The subjects of national space law can be both national and foreign individuals and legal entities, international organizations and states.

For example, the Law of Ukraine "On Space Activities" dated November 15, 1996 includes enterprises, institutions and organizations, including international and foreign ones, engaged in space activities as subjects of space activities. Individuals, according to the Law, are not subjects of space activities. And the Law of the Russian Federation of August 20, 1993 "On space activities" does not contain a definition of the term "subjects of space activities", but, analyzing it, organizations and citizens of the Russian Federation can be attributed to such entities; foreign citizens and organizations carrying out space activities under the jurisdiction of the Russian Federation; international organizations and foreign states.

Since states and international organizations are subjects of international space law, they can directly carry out activities for the exploration and use of outer space. Individuals and legal entities are not subjects of international space law and can carry out space activities, regulated by international space law only on behalf of the state of their jurisdiction.

Ukraine, as a subject of international space law, carries out its space activities on the basis of equality with other states, taking into account its national interests. Ukraine ensures the fulfillment of its international obligations in the field of space activities and is responsible for the generally recognized norms of international law and the provisions of international treaties of Ukraine (Article 17 of the Law).

Space activities in Ukraine are carried out on the basis of the All-State (National) Space Program of Ukraine, which is being developed for five years. it is created by the National Space Agency of Ukraine together with the relevant central executive authorities and the National Academy of Sciences of Ukraine based on the purpose and basic principles of space activities in Ukraine. On the basis of the National Space Program, the following is carried out:

determining the needs for civil, defense and dual-use space technology, as well as concluding contracts in accordance with the current legislation for research and development and production of space technology for the current year, which are approved by the Cabinet of Ministers of Ukraine;

allocation of funds from the State Budget of Ukraine to finance space activities under government orders; training personnel at the expense of the State budget and taking measures for the social protection of personnel of space activities;

ensuring support and improvement of space activities objects of ground infrastructure, as well as the necessary level of safety of space activities;

ensuring international cooperation in the space sector, including Ukraine in international space projects.

Introduction

Concept, objects, subjects and sources of international space law

1 Concept, objects and subjects of international space law

2 Sources of international space law

Legal status of space objects and astronauts

1 Legal status of space objects

2 Legal status of astronauts

Conclusion

Introduction

Since ancient times, space has attracted the attention of man with its magical mystery. It has been the subject of scientific study for centuries. But the era of practical space exploration actually began in the mid-1950s. The launch in the USSR on October 4, 1957 of the first artificial satellite of the Earth, the first orbital flight of the Soviet cosmonaut Yu. Gagarin around the Earth (April 12, 1961) and the first landing of the crew of the American Apollo orbiter on the Moon (July 1969) had a stimulating value in this. G.).

After that, the field of exploration and use of outer space began to expand rapidly. The number of space states and other subjects of space activities has increased, the volume of this activity has expanded, in addition to artificial satellites, international space stations and other, more advanced means of exploring and using outer space have appeared in space.

a) international law, including the UN Charter, applies to outer space and celestial bodies;

b) outer space and celestial bodies are free for exploration and use by all national appropriation. This Resolution became the starting point in the development of international space law.

1. Concept, objects, subjects and sources of international space law

1 Concept, objects, subjects of international space law

international space law

Currently, international space law is understood as a branch of international law, which is a set of principles and norms that determine the legal regime of outer space and celestial bodies, as well as regulate relations between subjects of international law in the field of space activities.

More specific objects of international space law are:

a) outer space;

b) celestial bodies;

c) space activities of subjects of international law;

d) space objects;

e) crews of artificial Earth satellites, other spacecraft and stations.

Outer space refers to the space outside the Earth's atmosphere. The atmosphere is the air shell of the planet, filled with various gases (nitrogen, oxygen, argon, oxygen gas, helium, etc.). Their density decreases with distance from the Earth, and at an altitude of more than 800 km, the earth's atmosphere gradually passes into outer (interplanetary) space.

Celestial bodies as objects of international space law include, first of all, the Earth and other planets of the solar system, their satellites, in particular the Moon, comets, asteroids, meteorites, etc. Other galaxies are also of scientific interest.

Cosmic bodies are in outer space and are closely connected with it. As man penetrates into the depths of space, more and more new cosmic bodies are being discovered, which are of not only scientific, but also practical interest. At the same time, the volume of outer space, which is within the scope of international space law, is expanding.

Space activity as an object of international space law is directly related to the human factor. It is diverse in its manifestations, but in a concentrated form it is expressed through the formula of international space law - "the exploration and use of outer space and celestial bodies." Regulation of related relations is the main task of international space law.

Space activities are carried out both in space and on Earth. The "terrestrial" part is associated with the launch of spacecraft, ensuring their operation, returning to Earth, processing and using the results of space launches.

In space, the movement of artificial satellites and space stations, scientific space experiments, remote sensing of the Earth, satellite telecommunications, and other types of use of outer space are carried out.

An independent group of objects of international space law are "space objects". These are man-made technical devices intended for the exploration and use of outer space and located in this space or on celestial bodies. These include launch vehicles, artificial Earth satellites, spacecraft, stations, etc. In contrast to them, "celestial bodies" are of natural origin, which is the reason for the peculiarities of the legal status of these groups of objects.

Crews of artificial Earth satellites, other spacecraft and stations act as direct objects of space activity.

The subjects of international space law were initially almost exclusively states. By the beginning of the 21st century the process of commercialization of space activities began to actively unfold, the essence of which is associated with the acquisition, sale or exchange of space goods and services. In this regard, there has been a significant expansion of the circle of non-state actors in space activities. Now most of the major international space projects are either carried out by private companies or are of a mixed nature. Thus, the subjects of international space law currently include states, international organizations (state and non-state), private legal entities and individuals.

2 Sources of international space law

Sources of international space law are understood as forms of expression and consolidation of the norms of a given branch of international law that regulate international relations arising in connection with and in connection with the exploration and use of outer space.
In international space law, the main types of sources of law are international treaty and custom. It should be noted that the process of formation and development of international space law takes place mainly in a contractual form.
An international treaty (agreement) is concluded between the subjects of international space law in writing and contains specific formulations of the norms of international space law.

By concluding an agreement, the subjects of international law pursue the goal of creating international legal norms that are aimed at regulating relations between them.

Depending on the circle of participants, agreements can be universal and with a limited number of participants (bilateral, regional).

All the rules contained in the treaty are legally binding on the parties to the treaty, and their violation entails international legal responsibility.

Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (adopted on December 19, 1966, entered into force on October 10, 1967); - Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (adopted on December 19, 1967, entered into force on December 3, 1968);

Convention on International Liability for Damage Caused by Space Objects (adopted November 29, 1971, entered into force September 1, 1972);

Convention on the Registration of Objects Launched into Outer Space (adopted November 12, 1974, entered into force September 15, 1976);

Agreement on the Activities of States on the Moon and Other Celestial Bodies (adopted December 5, 1979, entered into force July 11, 1984).

These acts form the basis of the world legal order in the field of exploration and use of outer space.

The most universal of them is the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (hereinafter referred to as the Outer Space Treaty). By signing this Treaty, the participating States have agreed that they will carry out activities in the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interests of maintaining international peace and security, development of international cooperation and mutual understanding (Article 3). They also fixed in this Treaty other basic international legal principles for the activities of states in the exploration and use of outer space for peaceful purposes.

The Outer Space Treaty provided a general framework for the development of space law. They were specified in the four other agreements and conventions mentioned above, relating to certain areas of space activities.

Bilateral international treaties. These acts regulate numerous relations in the field of bilateral space cooperation. Let us name just a few of such agreements: Agreement between the governments of Russia and France on cooperation in the field of exploration and use of outer space for peaceful purposes (1996); American-Brazilian Cooperation Agreement on the International Space Station (1997); Agreement between Russia and Kazakhstan on the basic principles and conditions for the use of the Baikonur Cosmodrome (1994); Agreement between Brazil and Ukraine “On long-term cooperation in the use of the Cyclone-4 launch vehicle at the Alcantara Launch Center” (2003), etc.

Resolutions of the General Assembly of the United Nations. They are not binding and are not direct sources of international law. But these resolutions belong to the category of so-called soft law and have a significant impact on the formation of binding norms of international law. These include, in particular, the Resolution of the UN General Assembly, which approved the Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space. This Declaration formed the basis of the Outer Space Treaty.

Of the other resolutions of the UN General Assembly relating to space issues, it should be noted those that approved: Principles for the use by states of artificial Earth satellites for international direct television broadcasting (Resolution 37/92, adopted on December 10, 1982); Principles Relating to Remote Sensing of the Earth from Outer Space (Resolution 41/65, adopted December 3, 1986); Principles Concerning the Use of Nuclear Power Sources in Outer Space (Resolution 47/68, adopted December 14, 1992).

In December 1996, the UN General Assembly adopted the 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 for the Needs of Developing Countries (Resolution 51/122).

Acts of international organizations. In the European context, these are acts of the European Space Agency, the European Union, the Commission of the European Communities, etc. These acts include:

Decision of the European Parliament on the report of the Commission of the European Union on the problem "Europe and space: the beginning of a new chapter" (January 17, 2002); Decision of the Council of the European Union "On the development of a common European space policy" (May 13, 2003); Framework Agreement between the European Community and the European Space Agency (2003), etc.

The Framework Agreement between the European Community and the European Space Agency has two important objectives:

a) creation of a joint basis and tools for mutually beneficial cooperation between the two integration associations;

b) the progressive development of the European space policy through the formation of a system of requests for space services and technologies through the joint efforts of the European Community and the European Space Agency.

Specific areas of cooperation are defined: scientific research; technology; Earth monitoring from space; navigation; implementation of satellite communications; human spaceflight; radio frequency spectrum policy, etc.

A separate group consists of the constituent acts of international organizations engaged in space activities: the Convention on the Establishment of the European Organization for Space Research (1962); Convention establishing the European Space Agency (1975), etc.

In accordance with the first of these agreements, joint space activities are carried out by the member states on the basis of interstate programs. The implementation of these programs is coordinated by the International Space Council. The participating States also pledged to carry out their activities in the exploration and use of outer space in accordance with the applicable international legal norms and to coordinate their efforts in this area.

2. Legal status of space objects and astronauts

1 Legal status of space objects

This status is determined both by the norms of international law and national space legislation. In the international aspect, legal relations connected with the launch of a space object into space and its return to Earth are of particular importance here.

The starting point in these legal relations is the requirement of international law on mandatory registration by the state of launched space objects.

In accordance with the Convention on the Registration of Objects Launched into Outer Space, the launching State (i.e. the State that carries out or organizes the launch of a space object, or the State from whose territory or installations a space object is launched) is obliged to register these objects in a special national register. When there are two or more launching States for any such space object, they jointly determine which of them will register the relevant object (Article 2).

National registry data are submitted "as soon as reasonably practicable" to the UN Secretary-General for inclusion in the international registry. This data should contain the following information: the name of the launching State or States; the corresponding designation of the space object or its registration number; date and territory (place) of the launch; the main parameters of the orbits (period of revolution, inclination, apogee, perigee, etc.); general purpose of a space object. The launching state also provides information on space objects that, having been launched into orbit around the Earth, are no longer in this orbit (Article 4 of the Convention on the Registration of Objects Launched into Outer Space).

A number of norms concerning the legal status of space objects are also contained in the Outer Space Treaty. It notes that the State Party, in whose register a space object launched into outer space is entered, retains jurisdiction and control over such an object during its stay in outer space, including on a celestial body. Ownership rights to space objects launched into outer space, including objects delivered or built on a celestial body, and to their constituent parts, remain unaffected while they are in outer space, on a celestial body or upon return to Earth. Such objects or their constituent parts found outside the Member State in whose register they are entered must be returned to that State. At the same time, such a state must, upon appropriate request, provide information about it before the return of the space object.

Each State Party which launches or arranges for the launch of an object into outer space, including the Moon and other celestial bodies, as well as each State Party from whose territory or installations a space object was launched, shall be internationally liable for damage caused by such objects or their constituent parts on Earth, in air or in outer space, including the Moon and other celestial bodies, to another State Party, its natural or legal persons (Article 7 of the Convention on the Registration of Objects Launched into Outer Space).

2.2 Legal status of astronauts

An astronaut is a person who has participated or is participating in a space flight as a commander of a spacecraft or a member of its crew. In the US, astronauts are called astronauts.

Cosmonauts perform tasks in the exploration and use of outer space, both in the process of space flight and when landing on celestial bodies.

The legal status of cosmonauts (members of the crew of a spacecraft) is determined by the Outer Space Treaty, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, as well as national space legislation.

In accordance with these acts, astronauts are "messengers of humanity into space." But they do not have supranational status. Astronauts are citizens of a particular state. As noted in the Outer Space Treaty, the state in whose register an object launched into outer space is entered retains jurisdiction and control over the crew of this object while it is in this space or on any celestial body (Article 8).

Some features of the rights and obligations of crew members are established by the Intergovernmental Agreement on the International Space Station (1998). These rights and obligations are determined by the functions of the crew members, as well as by the standards and criteria of the station. The general requirement in this case is the requirement to use the station in an efficient and safe way for the life and health of crew members.

A number of requirements are also recorded in the Cosmonaut Code of Conduct. In accordance with it, each member of the station crew must meet the certification criteria of an astronaut, medical and other standards. He must pass basic training and receive the appropriate certificate.

The agreement on the rescue of astronauts concerns their legal status in the context of the obligations of States to provide assistance to them in the event of an accident or other disaster. The countries agreed that, upon receipt of information that the crew of a spacecraft was in an accident or in a state of distress, made an emergency or unintentional landing in territory under their jurisdiction, on the high seas or in any other place not under the jurisdiction of any or State Parties, they shall immediately:

a) inform the relevant authorities of the incident by means of means of communication at their disposal;

b) inform the Secretary General of the United Nations about this.

The same parties are obliged to take all measures in their power to search for and rescue cosmonauts in trouble, who, after rendering assistance to them, must be immediately returned to the representatives of the authorities of the states that carried out the launch (Article 4).

Conclusion

Let us summarize the results of the study. The main sources of international space law are international treaties. Among them are the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 1967 (Outer Space Treaty), the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968, Convention on International Liability for Damage Caused by Space Objects, 1972 (Liability Convention), 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 (Moon Agreement) , regional and bilateral agreements between states, between states and international organizations. Space law has the following features: only outer space gives mankind the opportunity to go beyond the earthly environment in the interests of the further progress of civilization; in outer space there are celestial bodies, the territories of which do not belong to anyone and can be used by man in the future; space is practically limitless; unlike land territory, the World Ocean and air space, outer space cannot be divided into any zones in the process of its use; outer space poses a particular danger to human activity in it; in space and on celestial bodies, physical laws operate that are significantly different from those on the earth. The peculiarities of space activity include the fact that it is carried out with the help of fundamentally new means of rocket and space technology; the use of outer space for military purposes is an incomparable danger.

List of used literature

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Treaty on the Principles of Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Moscow - Washington - London, January 27, 1967).

Convention on International Liability for Damage Caused by Space Objects (Moscow - London - Washington, March 29, 1972).

Convention on the Registration of Objects Launched into Outer Space (New York, January 14, 1975).

Agreement on the Activities of States on the Moon and Other Celestial Bodies (New York, December 18, 1979).

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Since ancient times, space has attracted the attention of man with its magical mystery. It has been the subject of scientific study for centuries. And in this, noticeable results have been achieved.

But the era of practical space exploration actually began in the mid-1950s. The launch in the USSR on October 4, 1957 of the first artificial satellite of the Earth, the first orbital flight of the Soviet cosmonaut Yu. Gagarin around the Earth (April 12, 1961) and the first landing of the crew of the American Apollo orbiter on the Moon (July 1969) had a stimulating value in this. G.).

With the penetration of man into space and the expansion of the scope of exploration and use of outer space, a practical need arose both for the international legal regulation of relevant social relations, and for the development of international space cooperation. As early as December 20, 1961, the UN General Assembly adopted a resolution on multilateral cooperation between states in the exploration and use of outer space. It formulated two important principles: a) international law, including the UN Charter, applies to outer space and celestial bodies; b) outer space and celestial bodies are free for exploration and use by all states in accordance with international law and are not subject to national appropriation. This Resolution became the starting point in the development of international space law.

In the broadest sense, the general object of this right is outer space, i.e. Universe. At the same time, near space is distinguished, explored with the help of artificial Earth satellites, spacecraft and interplanetary stations, and deep space - the world of stars and galaxies.

More specific objects of international space law are: a) outer space; b) celestial bodies; c) space activities of subjects of international law; d) space objects; e) crews of artificial Earth satellites, other spacecraft and stations.

Outer space refers to the space outside the Earth's atmosphere. The latter is an air shell of the planet filled with various gases (nitrogen, oxygen, argon, oxygen gas, helium, etc.). Their density decreases with distance from the Earth, and at an altitude of more than 800 km, the earth's atmosphere gradually passes into outer (interplanetary) space.

Celestial bodies as objects of international space law primarily include the Earth and other planets of the solar system, their satellites, in particular the Moon, comets, asteroids, meteorites, etc. Other galaxies are also of scientific interest.

A new frontier in the study of the solar system was set at the end of 2004 by the European Space Agency. The special probe launched by him after a seven-year flight aboard the Cassini station reached the surface of Titan, the largest satellite of Saturn. Titan has become the most distant celestial body from the Earth, on which it was possible to land a spacecraft and obtain the necessary information about it, and, consequently, an object of international space law.

Crews of artificial Earth satellites, other spacecraft and stations act as direct objects of space activity.

The subjects of international space law were initially almost exclusively states. By the beginning of the XXI century. the process of commercialization of space activities began to actively unfold, the essence of which is associated with the acquisition, sale or exchange of space goods and services. In this regard, there has been a significant expansion of the circle of non-state actors in space activities. Now most of the major international space projects are either carried out by private companies or are of a mixed nature. Thus, the subjects of international space law currently include states, international organizations (state and non-state), private legal entities and individuals.

Diverse activities in the exploration and use of space are now regulated by various acts of international space law. These acts constitute a system of sources of the corresponding legal community. Of key importance among them are five international multilateral treaties adopted under the auspices of the UN in the 60-70s. 20th century These include: the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (adopted on December 19, 1966, entered into force on October 10, 1967); Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (adopted on December 19, 1967, entered into force on December 3, 1968); Convention on International Liability for Damage Caused by Space Objects (adopted November 29, 1971, entered into force September 1, 1972); Convention on the Registration of Objects Launched into Outer Space (adopted November 12, 1974, entered into force September 15, 1976); Agreement on the Activities of States on the Moon and Other Celestial Bodies (adopted December 5, 1979, entered into force July 11, 1984). These acts form the basis of the world legal order in the field of exploration and use of outer space.

In 1989, the European Convention on Transfrontier Television was adopted, and in the 90s. a number of multilateral scientific and technical agreements concerning international space projects and programs have appeared. Related to space objects is the Cape Town Convention on International Interests in Mobile Equipment, opened for signature in 2001.

But these resolutions belong to the category of so-called soft law and have a significant impact on the formation of binding norms of international law. These include, in particular, the Resolution of the UN General Assembly, which approved the Declaration of Legal Principles for the Activities of States in the Exploration and Use of Outer Space (Resolution 1962 (XVIII). This Declaration was the basis of the Outer Space Treaty.

Acts of international organizations. In the European context, these are acts of the European Space Agency, the European Union, the Commission of the European Communities, etc. These acts, in particular, include: The decision of the European Parliament on the report of the Commission of the European Union on the problem "Europe and space: the beginning of a new chapter" (January 17, 2002 G.); Decision of the Council of the European Union "On the development of a common European space policy" (May 13, 2003); Framework Agreement between the European Community and the European Space Agency (2003), etc.

The last of these Agreements has two important objectives:

a) creation of a joint basis and tools for mutually beneficial cooperation between the two integration associations;
b) the progressive development of the European space policy through the formation of a system of requests for space services and technologies through the joint efforts of the European Community and the European Space Agency. Specific areas of cooperation are defined: scientific research; technology; Earth monitoring from space; navigation; implementation of satellite communications; human spaceflight; radio frequency spectrum policy, etc.

Within the framework of the Commonwealth of Independent States, there are: Agreement on Joint Activities in the Exploration and Use of Outer Space (1991); Agreement on Missile Warning and Outer Space Control Systems (1992); Agreement on the Creation of a Common Scientific and Technological Space of the CIS Member States (1995), etc.

International legal regime of outer space and celestial bodies

This regime is mainly determined by the Outer Space Treaty and the Agreement on the Activities of States on the Moon and Other Celestial Bodies (hereinafter referred to as the Moon Agreement). The first of these acts established that outer space, including the Moon and other celestial bodies, “is not subject to national appropriation either by declaring sovereignty over them, or by use or occupation, or by any other means” (Article 2).

Outer space, including the Moon and other celestial bodies, is free for scientific research. Exploration and use of outer space, including the Moon and other celestial bodies, are carried out for the benefit and in the interests of all countries, regardless of the degree of their economic and scientific development, and are the property of all mankind (Article 1).

The states parties to the Treaty carry out activities on 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, developing international cooperation and mutual understanding (Article 3).

The Treaty prohibits the launching into orbit around the Earth of any objects with nuclear weapons or any other types of weapons of mass destruction, installing such weapons on celestial bodies or placing them in outer space in any other way.

The moon and other celestial bodies are used by all States Parties to the Treaty exclusively for peaceful purposes. It is forbidden to create military bases, structures and fortifications on celestial bodies, to test any types of weapons and to conduct military maneuvers (Article 4).

The Moon Agreement develops and specifies the provision of the Outer Space Treaty regarding the legal regime of the Moon and other celestial bodies. It, in particular, declares the Moon and its natural resources "the common heritage of mankind" (Art. 11), and the exploration and use of the Moon - "the property of all mankind" (Art. 4).

For the purpose of exploration and use of the Moon, the States Parties may: a) land their space objects on the Moon and launch them from the Moon; b) place their personnel, spacecraft, equipment, installations, stations and structures anywhere on the surface of the Moon or its interior; c) create manned and uninhabited stations on the Moon. The actions of the participating States must not interfere with the activities carried out on the Moon by other participating States.

The participating States also agreed to establish an international regime to regulate the exploitation of the Moon's natural resources when it is clear that such exploitation will become possible in the near future. This regime assumes: a) streamlining and safe development of the natural resources of the Moon; b) rational regulation of these resources; c) empowerment in the use of appropriate resources; d) an equitable distribution among all participating states of the benefits derived from these resources, with special regard for the interests and needs of developing countries, as well as the efforts of those countries that directly or indirectly contributed to the exploration of the moon (Article 11).

At present, private firms have appeared that have organized a business for the sale of plots of the lunar surface with the issuance of appropriate certificates. Such activity is not legal.

In accordance with the Moon Agreement, the surface or subsoil of the Moon, as well as parts of its surface, subsoil or natural resources, where they are located, cannot be the property of any state, international intergovernmental or non-governmental organization, national organization or non-governmental institution, and also any natural person. Placement on the surface of the Moon or in its subsoil of personnel, spacecraft, equipment, installations, stations and structures does not create the right of ownership to the surface and subsoil of the Moon or their sections (Article 11).

The provisions of the Agreement on the Activities of States on the Moon and Other Celestial Bodies Pertaining Directly to the Moon also apply to other celestial bodies in the solar system (Article 1). The exception is cases when special international legal acts apply to other celestial bodies.

The regime of outer space established by international space law differs significantly from the international legal regime of airspace. But the border between these spaces has not yet been established either in international law or in national legislation. This is fraught with the danger of conflict situations arising during the flight of a space object through the airspace of another state for the purpose of entering orbit or landing.

Under these conditions, the customary norm that has developed in practice is applied, limiting the sovereignty of the state to airspace below the minimum orbits of artificial Earth satellites. We are talking about orbits of the order of 100 + 10 km above sea level. The space above these orbits is considered space and is not subject to the sovereignty of any state.

Legal status of space objects

The starting point in these legal relations is the requirement of international law on mandatory registration by the state of launched space objects.

National registry data are submitted "as soon as reasonably practicable" to the UN Secretary-General for inclusion in the international registry. This data should contain the following information: the name of the launching State or States; the corresponding designation of the space object or its registration number; date and territory (place) of the launch; the main parameters of the orbits (period of revolution, inclination, apogee, perigee, etc.); general purpose of a space object. The launching State also provides information on space objects which, having been launched into orbit around the Earth, are no longer in this orbit (Article 4).

A number of norms concerning the legal status of space objects are also contained in the Outer Space Treaty. In particular, it notes that the State Party, in whose register a space object launched into outer space is entered, retains jurisdiction and control over such an object during its stay in outer space, including on a celestial body. Ownership rights to space objects launched into outer space, including objects delivered or built on a celestial body, and to their constituent parts, remain unaffected while they are in outer space, on a celestial body or upon return to Earth. Such objects or their constituent parts found outside the Member State in whose register they are entered must be returned to that State. At the same time, such a state must, upon appropriate request, provide information about it before the return of the space object.

International legal regime of the geostationary orbit

An integral part of outer space, subject to international law, are the orbits of artificial satellites and other spacecraft. Of particular importance among them is the geostationary orbit (from the Greek γ? - "earth" and the Latin stationarius - "immovable"). It is understood as a circular orbit at an altitude of about 36 thousand km above the Earth's equator.

The peculiarity of this orbit is that the satellites placed on it are in a constant position above a certain point on the earth's equator. Moreover, each of them can cover a third of the Earth's surface area with radio emissions. This is of great importance for the development of such applied types of space activities as satellite communications, communications for navigation purposes, remote sensing of the Earth, environmental monitoring, and some others.

The problem, however, is that the number of positions for the simultaneous and efficient operation of satellites in geostationary orbit is limited (limited).

Now there are about 650 satellites of different countries in this orbit (the first American satellite was launched into this orbit in 1964).

The need for this, however, is growing. In this regard, there are problems related to the fair distribution of the frequency-orbital resource of the geostationary orbit, access to this orbit, its rational and efficient use, etc.

The international legal status of the geostationary orbit today is not defined in a special manner. This status follows from the general provisions of the Outer Space Treaty, the Moon Agreement and some other international legal acts. According to these acts, the geostationary orbit is part of outer space and is subject to the rules and principles of international law relating to this space.

The features of this orbit and issues related to the distribution of its radio frequency spectrum are reflected in the Charter of the International Telecommunication Union (1992). In particular, it notes that the geostationary orbit is a "limited natural resource" (Article 44). The use of its frequency spectrum should be open to all countries, regardless of their technical capacity and geographical location.

To ensure the interests of all countries, the fair and rational use of the resources of the geostationary orbit, a special procedure has been established within the framework of the International Telecommunication Union. It involves a gradual increase in the "loading" of the orbit, taking into account the actual needs of states and the development of international plans for the use of orbital frequencies. These plans provide for assigning to a state at least one position in the geostationary orbit and the corresponding coverage area on Earth.

The international coordination procedure also includes a first-come-first-served basis, i.e. advance publication of data on a specific satellite system, as well as registration of allocated frequencies in a special Master Frequency Register of the International Telecommunication Union.

After allocation of a certain position in the geostationary orbit, the orbital resources are used by the state represented by its national communications authorities. The latter transfer the corresponding orbital resources for use to other legal entities operating on the territory of the respective country.

In any case, the geostationary orbit, as part of outer space, cannot be appropriated by anyone.

In this regard, the claims of some equatorial states for the corresponding segments of the geostationary orbit seem unfounded. Such claims were formulated in 1976, in particular, by a number of equatorial countries in a declaration signed in Bogotá (Colombia). The same Colombia, in addition, recorded its right to a part of this orbit, as well as to "the electromagnetic spectrum and the place in which it operates" in its Constitution.

Such an approach is contrary to the norms and principles of international space law. The geostationary orbit can and should be used on the general principles of international space cooperation.

Legal status of astronauts

An astronaut is a person who has participated or is participating in a space flight as a commander of a spacecraft or a member of its crew. In the US, astronauts are called astronauts. Cosmonauts perform tasks of exploration and use of outer space both during space flight and during landing on celestial bodies.

The existing system of international principles and norms relating to military and nuclear security has made it possible to avoid "space wars" and serious nuclear incidents in outer space. But the corresponding threats remain. It is no coincidence that since 1982 the UN General Assembly has been annually adopting resolutions on the prevention of an arms race in outer space.

These resolutions, however, are by no means considered by all states.

In 2006, for example, in the United States, a government document called the "National Space Policy" was published, which unilaterally declared space a zone of American national interests. The document, in particular, notes that “the United States will prevent the development of new legal regimes and other restrictions that are aimed at prohibiting or restricting US access to the use of outer space. Proposed arms control or limitation agreements should not diminish US rights to conduct research, development, testing, and other space operations or activities in the national interest of the United States."

Conventional weapons now also have a huge destructive potential. In this regard, it seems reasonable to raise the issue of prohibiting at the international legal level the placement of weapons of any kind in outer space and the use of this space for military purposes. Space should not become a zone of forceful solution of political conflicts of terrestrial origin.

Earth remote sensing

It is understood as observation of the Earth's surface from space in the optical and radar ranges in the interests of agriculture and forestry, hydrometeorology, prevention of natural disasters, environmental management, environmental protection, etc. It is carried out in the process of relevant practical activities, which consists in the use of space systems remote sensing, stations for receiving and accumulating primary data, processing, summarizing and disseminating relevant information.

The fundamental beginnings of the relevant activities are reflected in the resolution of the UN General Assembly "Principles relating to remote sensing of the Earth from outer space" (1986). These principles are formulated in the context of the Outer Space Treaty. In accordance with Principle IV, Earth remote sensing activities provide that the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries on the basis of equality and respect for the principle of full and permanent sovereignty over their wealth and natural resources. This activity must be carried out in such a way as not to prejudice the legitimate rights and interests of the probed state.

Several principles are devoted to international cooperation in the field of remote sensing of the Earth. This refers, in particular, to the fact that the sensing States provide other States with the opportunity to participate in remote sensing activities on fair and mutually agreed terms.

Probing States provide technical assistance to other interested States, in particular with regard to the establishment and use of stations for receiving, processing and summarizing relevant information from artificial satellites (principles V-VII).

Separately, the principle of access of all states participating in remote sensing to the relevant information “on a non-discriminatory basis and on reasonable payment terms” (Principle XII) is fixed.

It is also envisaged that the UN, its relevant bodies and agencies promote international cooperation in this area, including technical assistance and coordination of activities in remote sensing of the Earth (principles VIII-IX).

Use of artificial satellites for international television broadcasting

This type of space activity is now widely developed, since it is of interest to almost the entire population of the Earth. The international legal aspect of this activity is due to the need for its compatibility with the sovereign rights of states, including the principle of non-interference, as well as with the right of every individual and legal entity to seek, receive and distribute television information. Such activities should contribute to the free dissemination of knowledge in the field of science, culture, education, economic and social development, strengthening mutual understanding and cooperation between all states and peoples.

The main international principles for the implementation of this activity are fixed in the resolution of the UN General Assembly "Principles for the use by states of artificial Earth satellites for international direct television broadcasting" (1982). According to this Resolution, activities in the field of international television broadcasting using artificial satellites must be carried out in accordance with international law, including the UN Charter, the Outer Space Treaty, the International Telecommunication Convention and the Telecommunication Regulations approved by it. The international legal regime of the geostationary orbit, which primarily hosts artificial satellites for radio and television communications with the Earth, must also be respected.

Also of key importance is the equal right of States, reflected in the Resolution, to carry out activities in the field of international direct television broadcasting by satellite and to authorize the implementation of such activities by persons and organizations under their jurisdiction. Access to technologies in this area should be open to all states without discrimination on terms mutually agreed upon by all interested parties.

The resolution also proceeds from the fact that activities in the field of international direct television broadcasting via satellites should be based on international cooperation of the respective states. States and international intergovernmental organizations bear international responsibility for activities in the field of international direct television broadcasting by satellite. With regard to the inevitable overflow of a signal emitted from a satellite, only the relevant documents of the International Telecommunication Union apply.

In order to promote international cooperation in the peaceful exploration and use of outer space, States engaged in or authorizing activities in the field of international direct television broadcasting by satellite should, to the maximum extent possible, inform the Secretary-General of the United Nations of the scope and nature of such activities.

Intellectual Property Law in International Space Projects

From this article it follows that in the sphere of responsibility under international space law, the principle of international responsibility of the state for all national space activities applies, regardless of which specific entities it is carried out. In this way, this type of liability differs from other types of international liability, based on the general postulate that states are not responsible for the actions of their legal entities and individuals if they do not act on behalf of or on behalf of the state in question.

The relevant issues are regulated in more detail by the Convention on International Liability for Damage Caused by Space Objects (1972). This Convention establishes that the launching State bears absolute responsibility for damage caused by its space object on the Earth's surface or to an aircraft in flight (Article II). Such liability may exist regardless of the fault of the launching state, but due to the very fact of causing damage by the space object of the corresponding state.

In this case, damage means deprivation of life, bodily injury or other damage to health, destruction or damage to the property of states, individuals or legal entities, as well as the property of an intergovernmental organization.

If, at any place other than the surface of the Earth, a space object of one launching State, or persons or property on board such a space object, is damaged by a space object of another launching State, the latter shall be liable only if the damage is caused through its fault or through the fault of persons for which it is responsible (an exception to the principle of absolute responsibility).

If, in any place other than the surface of the Earth, a space object of one launching state or persons or property on board such an object is damaged by a space object of another launching state and thereby damage is caused to a third state or its natural or legal persons, then the first two states shall bear joint and several liability before this third state within the following limits: a) if the damage is caused to a third state on the surface of the Earth or to an aircraft in flight, then their liability to the third state is absolute; b) if damage is caused to a space object of a third state or to persons or property on board such a space object in any place other than the surface of the Earth, then their liability to the third state is determined on the basis of the fault of any of the first two states or on the basis of the fault of the persons for whom the either of these two states.

If two or more states jointly launch a space object, they are jointly and severally liable for any damage caused (Article V).

The Convention provides for cases of exemption from absolute liability. This may be the case when the launching State proves that the damage resulted wholly or partly from gross negligence or from an act or omission done with intent to cause damage on the part of the claimant State or the natural or legal persons it represents (Art. VI).

The provisions of the Convention shall not apply to cases of damage caused by a space object of the launching state: a) to citizens of the respective state; b) foreign citizens at the time when they participate in operations related to this space object from the time of its launch or at any subsequent stage up to its descent, or at the time when they are at the invitation of this launching state in close proximity to the area of the planned launch or return of the object (Art. VII).

The source document under which the injured State can bring the issue of compensation for damage to the launching State is a claim for compensation for damage. Usually it is presented through diplomatic channels within a year from the date of damage. If the issue cannot be resolved on a voluntary basis, a special Commission is created to review the claim. The Convention regulates in detail the procedural order of the formation and activities of this Commission (Art. XIV-XX).

The decisions of the Commission are final and binding if the parties so agree.

Otherwise, the Commission makes a decision of a recommendatory nature. The matter may also be referred by the complaining party to a court or administrative tribunal of the launching State. This is done in the order of the claim.

Some issues of responsibility in this area are at the intersection of international public and private law.

A typical example of this is the Convention on International Interests in Mobile Equipment.

In this case, mobile equipment is understood as property that, due to its specificity, regularly moves across state borders. These can be railway rolling stock, aircraft, helicopters, etc. Such equipment also includes objects of space activities, namely: a) any separately identified object located in space or intended to be launched and deployed in outer space, as well as returned from space; b) any separate component that is part of such an object or installed on or inside such an object; c) any individual object assembled or manufactured in space; d) any launch vehicle of a single or multiple use for the delivery of people and equipment into space and their return from space.

With regard to this equipment, under the auspices of the International Institute for the Unification of Private Law (UNIDROIT), a draft special Protocol to the Convention has been developed. Now it is at the stage of approval for signing.

The Convention provides for the establishment of a special international property legal regime in relation to space objects that are outside the jurisdiction of states. This regime is aimed at ensuring the fulfillment of obligations related to space assets. It is expressed in the provision of an international guarantee to the pledgor or a person who is a potential seller under a conditional sale agreement with reservation of title, or a person who is a lessor under a leasing agreement.

In accordance with Art. 2 of the Convention, such a guarantee includes: a) a classic security interest (mortgage) - under an agreement on securing the performance of obligations; b) the right of a potential seller in a retention of title transaction - under a conditional sale and purchase agreement with reservation of ownership; c) the right of the lessor - in a leasing transaction.

An international guarantee is subject to mandatory registration in a special International Register. It is also planned to create a system of control and supervision over the implementation of international guarantees.

The regime established by the Convention on International Interests in Mobile Equipment has the potential to reduce the financial risks of transactions involving space assets, as well as the cost of space services to end users.

A special permanent body in the UN system, which is entrusted with the functions of organizing international space cooperation, is the UN Committee on the Peaceful Uses of Outer Space (hereinafter referred to as the UN Committee on Outer Space). It was created in accordance with the resolution of December 12, 1959 of the UN General Assembly "International cooperation in the field of peaceful uses of outer space". Its members are now about 70 states, including the Russian Federation.

The UN Committee on Outer Space is authorized to: maintain relations with UN member states, as well as governmental and non-governmental organizations on issues of exploration and use of outer space; ensure the exchange of space information; promote international space cooperation; prepare and submit to the UN General Assembly an annual report and other materials with proposals for solving urgent problems of exploration and use of outer space.

Since 1962, the Scientific and Technical and Legal Subcommittees began their work in Geneva as part of the UN Committee on Outer Space. The latter is engaged in the development of legal aspects of regulating relations in the field of exploration and use of outer space. He makes his decisions on the basis of consensus.

The technical and information services of the UN Committee on Outer Space and its subcommittees are entrusted to the UN Office for Outer Space Affairs. Its headquarters is in Vienna.

Certain issues of space cooperation are in the sphere of activity of such universal international organizations as the International Telecommunication Union, the World Meteorological Organization, the International Civil Aviation Organization, the Food and Agriculture Organization of the United Nations, UNESCO, the International Maritime Organization, the World Intellectual Property Organization and some others.

Of the regional structures, the most active is the European Space Agency (ESA). It was created in Paris in May 1975 by the European member states of the European Space Conference: Belgium, Great Britain, Denmark, Italy, Spain, the Netherlands, France, Germany, Switzerland and Sweden. Subsequently, some other European states (Austria, Ireland, Norway, Finland) joined them.

The main tasks of the ESA are to assist in the organization of international space cooperation between European countries, the creation and practical application of space technology and technology, the development of a long-term space policy of member countries, the coordination of national space programs and their integration into a single European space plan, etc.

In accordance with the ESA Education Convention, its governing body is the Council, consisting of representatives of the member states. It is convened for meetings once a quarter. Decisions are made by voting or by consensus, depending on the importance of the issue. The Council considers all the main issues of the Agency's activities, including approval of its mandatory or optional activity programs.

The Council appoints the Director General of ESA, heads of structural production and scientific divisions, as well as directors of major programs. They are accountable for their work to both the Director and the ESA Council.

International cooperation within the framework of specific bilateral or multilateral space science and technology projects and programs is also of significant importance. One of the first such programs was the program of space cooperation of the socialist states within the framework of Interkosmos (late 60s). In 1975, the docking project of the Soviet Soyuz-19 spacecraft and the American Apollo was carried out, and in 1981, for the first time, direct cooperation was established on the joint study of Halley's comet between the European Space Agency, Intercosmos, the Japan Institute of Space and Astronautics, as well as NASA.

Currently, the most famous multilateral space projects are the long-term program "International Space Station" and the project "Sea Launch". The specified program has been carried out since 1998 with the participation of the ESA member states, Russia, the USA, Canada and Japan, and the Sea Launch project has been carried out since 1997 with the participation of Russia, the USA, Ukraine and Norway. According to Art. 1 of the International Agreement on Cooperation on the International Space Station (1998), the purpose of this program is to create, on the basis of true partnership, an organizational structure for long-term international cooperation between partners in the technical design, construction, operation and use of a permanently inhabited international space station for peaceful purposes in accordance with international law. Cosmonauts from countries participating in the Agreement have already visited and worked at the station.

The implementation of the Sea Launch project is carried out in accordance with the intergovernmental Agreement on its creation (1995).

It provides for the joint operation of a sea-based launch platform and an assembly and command ship for commercial launches of artificial satellites. The procedure and forms of international cooperation of the relevant entities under the International Space Station program and the Sea Launch project are quite thoroughly covered in the legal literature.

Many non-governmental structures, public organizations, scientific and educational centers are now also involved in international space cooperation. Among them are the International Organization for Space Communications (Intersputnik), the European Organization for Satellite Communications (EUTELSAT), the Arab Organization for Satellite Communications (ARABSAT), the Committee for the Exploration of Outer Space (COSPAR), the International Astronautical Federation, the Council for International Cooperation in the Exploration and Use of Outer Space (Intercosmos), International Institute of Space Law in Paris, etc.

Separately, it should be said about international scientific space cooperation within the framework of the International Space Research Center (ISCR) at the National Academy of Sciences of Ukraine. It was created in 1998 by a joint decision of the National Space Agency of Ukraine and the Russian Aerospace Agency, the National Academy of Sciences of Ukraine and the Russian Academy of Sciences on the basis of the Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine to conduct scientific research on topical issues of international and national space law. The Center carried out a series of relevant scientific developments with the participation of Ukrainian, Russian and other lawyers, published a number of monographic works, as well as a four-volume thematic collection "Space legislation of the countries of the world" in Russian and English. Another notable event in the activities of the ICSL was the international symposium “Status, Application and Progressive Development of International and National Space Law” held in Kyiv in 2006 jointly with the Legal Subcommittee of the UN Committee on Outer Space.

With all the variety of bodies and organizations currently involved in international space cooperation, one cannot help but see gaps regarding its coordination on a global scale. In this regard, the proposals made in the literature about the expediency of creating a World Space Organization along the lines of the International Atomic Energy Agency seem to be justified.

Such a solution to the issue could expand the organizational basis for international cooperation in outer space and harmonize the practice of applying international space law.

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 recent years - the years of scientific and technological progress - one of the leading branches of the national economy has been space. Achievements in the exploration and exploitation of outer space are one of the most important indicators of the level of development of a 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 peacefully 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 turned out to be successful, then this work could serve as a basis for further research in the field of international space law with a view to possibly making additions, introducing 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 complex of legal norms characterized by fundamental unity and at the same time an ordered subdivision 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 of 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 sign 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 branch is a system that can be considered a subsystem within a holistic, unified system of 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, extends 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. Such a division is predetermined by the difference in the technical principles of the 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 the sense 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 of the space age, states have been 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 are carried out, including space that is 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 dated 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 Earth satellites for international direct television broadcasting" of December 10, 1982;

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

Among them are founding 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. The implementation of military space programs is 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 the obligations previously assumed by the USSR 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 on the agenda the formation of international private space law. 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 of 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 activities are within the scope of interests of some UN specialized agencies:

· 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 at the Russian Academy of Sciences), secondly, various educational institutions that train specialists or conduct research on space topics, and and thirdly, relevant international organizations. The IAF has over 110 members. In 1960, the IAF established the International Academy of Astronautics (IAA) and the International Institute of 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 costs of its implementation put 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 a proposal to the UN 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 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 the characteristic features, 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, the laws of social development, and not subjective ideas about these processes.

The principles of international law are the guiding rules of subjects that arise as a result of social practice, 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 Secretary-General of the United Nations on the work of the Organization in 1989 states: "A tangible change has taken place, rooted in the recognition of the fact that in order to provide lasting solutions to international problems, it is necessary to base these solutions on the generally accepted principles laid down in the UN Charter."

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 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 its legal force ( opinio juris).

In order for the principle to become universally 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 are a necessary right jus necessitatis).

When presenting the principles of international law, one cannot dwell on the concept of "general principles of law". It is actively discussed in connection with Art. 38 of the Statute of the International Court of Justice, 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 a broad understanding believe 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 in it. 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 conditions of European integration, judicial 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 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. The report of the Cabinet of International Law of the Czechoslovak Academy of Sciences, prepared back in the 1950s, 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. The 1974 Charter of Economic Rights and Duties of States states: " All states are legally equal and, as equal members of the international community, have the right to participate fully and effectively in the international decision-making process. ..." .

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 instruments and practice are increasingly recognizing 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 the degree of their 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 Bogota (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 absence of supranational power, force 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 or threaten 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 must be recognized that the use of armed force is 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 law.

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 massive demands for a ban on 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 an instrument of national policy (the Briand-Kellogg Pact). This was an important step in establishing the principle of the non-use of force as a customary rule 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, the United States still has a program to create space-based anti-missile systems, contrary to the 1972 Treaty with the USSR on the limitation of anti-missile defense systems, which prohibits 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 Atmospheric, Outer Space and Underwater Nuclear Test Ban Treaty obliges its parties to ban, prevent and refrain from carrying out any nuclear weapon test explosions and any other nuclear explosions in outer space.

According to the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, it is prohibited to resort to such 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 non-aggressive military 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 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 Treaty between the USSR and the USA on the limitation of anti-missile defense systems of 1972.

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 shall settle their international disputes by peaceful means in such a manner 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 involves the application in the process of resolving disputes of the basic principles of international law, the relevant norms of treaty and customary law. According to Article 38 of the Statute of the International Court of Justice, the 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 endeavor to resolve the dispute by negotiation, inquiry, mediation, conciliation, arbitration, litigation, recourse to regional authorities, or agreements, or other peaceful means of their 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 resolved 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. The general provision of 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 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 issues that may arise in connection with the activities of international intergovernmental organizations are resolved by states participants, or 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 best 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 the achievement of a compromise, make it possible to begin to resolve the conflict immediately after it occurs, allow preventing the escalation dispute to such an extent that 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 arrive at a just solution in a short time, 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 may aggravate the situation to such an extent as to endanger the maintenance of international peace and security, and thereby make the peaceful settlement of the 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 between 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 dispute 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 obligation of all states to cooperate with each other, naturally, implies conscientious observance by 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 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 of the 1967 Outer Space Treaty, as well as in many articles of this treaty, and this gives reason 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 ensure 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 affirms 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". Furthermore, " 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 invalid 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 treaty cannot be contrary to a peremptory norm of 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, confirms its commitment to the fundamental principle of international law - the principle of conscientious fulfillment 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);

· inform the UN Secretary-General, the public and the international scientific community to the maximum extent possible and practicable about the nature, location, 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 the 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 wrongful 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 greatest 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 responsibility for a source of 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 of activity" 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 can have an impact on the 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 basin ( 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 turn even the smallest object into " 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, after studying the scientific and technical aspects of this problem, to 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 for 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 tools 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 the efforts of 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 mankind 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 outer space, including celestial bodies, cosmonauts of different states must render each other possible assistance.

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 in 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.

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 the special needs of developing countries and the geographic location of 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 activities for the implementation of international direct television broadcasting (MNTV).

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. An expert assessment of the safety of nuclear power sources prior to their launch into space is envisaged. 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 in this sense is no exception to the general rule. Steady observance by all states of the principles of international space law is the most important condition for the 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, with amendments and additions, 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., Higher 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.