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Space Law
Popova S.M. - A new trend of space law: creation of favourable jurisdictions for space activities


Abstract: The research object is national legislation, regulating space activities. The research subject is the changes, testifying the emergence of new trends in space law development. Based on the comparative analysis of statutory instruments of different countries, international organizations (particularly, the UN Committee on the Peaceful Uses of Outer Space, the UN Office for Outer Space Affairs, etc.) and the positions of the world expert community, the author studies the fundamental approaches to the regulation of the regime of foreign companies, involved in space activities within national jurisdiction of other states. To accomplish the research tasks, the author applies the formal-logical, comparative (comparative-historical, comparative-legal) and other research methods. The author notes that the growth of the “space sector” of the economy objectively leads to the increase of the general level of innovative development of the country; it encourages other countries to attract foreign companies, involved in space activities, to their national jurisdiction. The author defines three ways to solve this problem; concludes about the emergence of a new trend in space law, aimed at the creation of “favourable jurisdictions” for space activities; describes the factors, influencing the formation of this trend, and the related challenges to the global space law system.  
Keywords: Russia, France, Luxembourg, Belgium, USA, Soft Law, Hard Law, Space Law, Turkmenistan, Ukraine
Popova S.M. - U. S. commercial space legislation of 2015 and the questions of modernization of the international space law pp. 51-65


Abstract:  This article is dedicated to the analysis of the situation that emerged in the international space law due to the U. S. November 2015 legislation on commercial space launch competitiveness. This work analytically generalizes the key expert opinions and legal positions of the lawyers from various countries, formulated into an answer to the new law passed by American legislators, in order to assess the possible impact of this national bill upon the status and prospects of modernization of the current system of international space law and its basic principles. The author concludes that due to its historical nature the basic principles of international space law, established between 1960’s-1980’s, cannot always give an unambiguous answer to the new questions and challenges that emerge in regards to the drastic changes in the world as a whole, and the global space activity in particular. This is indirectly confirmed by the abundance of legal discussions pertaining to interpretation of various general principles for the purpose of implementing them in the new historical context. The increase of technological capabilities in space exploration and growth in the number of competitive players of the “space race” leads to the need to reform the international legal regulation in this sphere.  
Keywords: Moon Agreement, Outer Space Treaty, Commercial Space, USA, International Law, Space Studies, Space Policy, Space Law, Asteroid Mining, Celestial Bodies
Volynskaya O.A. - The Concept of Long-term Sustainability of Space Activities from the Standpoint of International and National Space Law


Abstract: The research object is legal relations in the area of ensuring long-term sustainability of space activities. The research subject is the range of international and domestic political and legal instruments regulating the issues of long-term sustainability of space activities.Based on the analysis, the author concludes that the adoption of universal international principles of long-term sustainability of space activities is the key to safety, stability and progressive development of world space activities, which is the ultimate goal of the international space community. The author shows that in different jurisdictions (Russia, the USA, European Union) long-term sustainability of space activities is not understood uniformly, and that the respective domestic political and legal conditions for its provision vary significantly. The author further concludes that there is a necessity to harmonize the existing and the future national legal regimes to ensure safety and long-term sustainability of space activities on the basis of the uniform international principles, which are being developed by the United Nations Organization.To achieve the research tasks, the author applies the dialectical, logical, system and structural, functional, comparative-legal and other research methods. In the research process, the comprehensive approach is used to analyze and elaborate on the research problems.
Keywords: USA, Russia, Space Activities, Long-term Sustainability, Safety of Space Activities, Space Policy, Space Law, European Union, United Nations, International Law
Lozhkovoi P.N. - International responsibility for remote sensing of the Earth: legal realia


Abstract: Remote sensing principles, as well as the 1967 Treaty on Outer Space, require the state to be internationally responsible for space activities. The author analyzes the current international legal instruments regulating this sphere. The author supposes that the peculiarities of international space law in general are applicable to the responsibility for remote sensing. The responsibility covers both space activities and its consequences on the Earth. The author studies the issues of property responsibility of the subjects of international law and analyzes the practice of the bodies of international justice in this sphere. The research methodology includes the dialectical method of cognition. The author also uses general scientific methods, such as comparison and analysis. Besides, the author uses specific methods of jurisprudence (comparative-legal and technical-legal). The scientific novelty of the study consists in the fact that the author outlines the essential need to broadly interpret the provisions of international space law determining the nature of both international and civil responsibility for such space activities. The author emphasizes poor specification of the concept of damage caused by remote sensing of the Earth in the doctrine of international law. 
Keywords: international organizations, UN, space, space activities, international responsibility, The Treaty on Outer Space, remote sensing, international justice, space law, international law
Lozhkovoi P.N. -


Keywords: state territory, information about the territory, territorial supremacy, sovereignty of the state, international justice, remote sensing, satellite data, international organizations, space law, international law
Popova S.M., Yanik A.A. - Approaches to a POssible Model for Space Resources Mining Regulations


Abstract: The co-authors present their ideas to contribute to the UNOOSA discussions on a possible legal model of regulating the space resources exploration, exploitation, and utilization.It is shown that finding modalities to regulate the field of space resources mining properly is not a purely legal problem. It is a problem of seeking the international consensus for choosing an operating model the Space resources mining activities will develop within. The analysis of current discussions marks that the legal philosophy cannot be able to propose the legal model which would be endorsed by all UN countries. In todays context, it would be more useful to start with the search for workable solutions which most of UN countries will consider as politically fair and economically efficient ones. The authors note the practical benefit of analysis the issues of space resources regulations from different perspectives and give some modalities for a consensus to find as well as proposals for action. In particular, the authors suggest for discussion the proposal to balance the potential permission to perform the freedom of economic activity in Outer Space by the legally binding norms requiring bodies involved in the space resources mining to allocate a certain share of the profits from this activity to develop space exploration opportunities for the non-space countries.
Keywords: Space Law, Space Policy, Space Economy, UN, UNOOSA, Space Resources, Commercial Space Activity, Space Exploration, Legal Model, Soft Law
Popova S.M. -


Keywords: New Space Activity, Space Resources, Space Law, USA, Luxembourg, Commercial Space, Outer Space Treaty, Moon Agreement, Asteroid Mining, Space Studies
Paris C., Sindoni G., Di Sabato T. - Close Approaches of Debris to LARES Satellite During Its First Four Years of Operation


Abstract: Since its launch in February 2012, the LAser RElativity Satellite (LARES) of the Italian Space Agency experienced four close approaches with space debris. LARES orbits at an altitude of 1450 km, in a region where the density of space debris has a peak. However, the probability of an impact with a debris during the operational life of the satellite was reasonably low. The analysis of the close approaches identified three of the objects, that are from two peculiar population of objects. This paper discusses the problem of space debris in low orbit, the approaches occurred with LARES, and some possible scenarios related to space regulations and space law in case of an impact.
Keywords: Space Debris, Space Law, Satellite Laser Ranging, General Relativity Theory, LARES Satellite, Passive Satellite, Risk Analysis, Outer Space Treaty, Liability Convention, Europe Space Agency
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