Space Research - rubric Space Law

Abstract: This article presents the results obtained within the framework of the research program for novelties of modern space law that arise in connection with the needs of the space economy development. Based on the analysis of the effects of the Luxembourg initiative SpaceResources.lu (February 2016 to December 2019), the author investigates possible consequences for the system of international space law. There is a growing global interest in replicating the experience of Luxembourg for creating "legal offshore" to stimulate new types of space activities. The facts demonstrate that implementation of the initiative SpaceResources.lu, supported by the tools of "soft power," "soft law", investments, and other technologies, helps expand the "window of discourse" in matters of space resources private use. This process can cause a sudden change in the rules of the competitive game in the global space market. It is necessary to monitor this kind of "disruptive" political and legal innovations, since rapid changes in the global space economy and international law directly affect the interests of the Russian Federation.

DOI: 10.7256/2453-8817.2019.1.30010

Abstract: Usually, the main interest of an injured state that suffered damage lays in monetary compensation for the damage caused. Therefore, the issues related to the legal basis of compensational claims are of particular practical importance. In this context, space law can be regarded as a unique branch of international law, as it contains several legal regimes that can serve as a legal basis for compensational claims. Currently, there exists no universal and comprehensive approach in relation to legal instruments that can be used by an injured state in different factual circumstances. Thus, the subject of this article is the analysis of problems in the field of liability and responsibility regimes in international space law for the creation of a comprehensive legal scheme of the mechanisms that can be invoked to obtain monetary compensation for the damage caused within the framework of space activities.Methods used for the purposes of the article: system-structural method, comparative legal method, deduction, induction, analogy, analysis, synthesis.In the article, the problems associated with the functioning of liability and responsibility regimes of space law, as well as legal instruments that can be invoked by an injured state in order to put forward compensational claim are examined. The author also considers mechanisms to which it is possible to resort to in unconventional practical situations.

DOI: 10.7256/2453-8817.2019.1.29227

Abstract: The article dwells on the establishment and development of the Hague Space Resources Governance Working Group. The Group's goal is to elaborate main elements of the potential framework for the exploration, exploitation and utilization of space resources. After analyzing the work of the Group, the author concludes that its establishment is the direct outcome of the contemporary stalemate situation in the area of international space law. Correspondingly, it can be supposed that the results, which are to be presented by the Group, will not be eagerly endorsed by the international community. But at the same time it is noted that the Legal Subcommittee of the UN Committee on Peaceful Uses of the Outer Space could benefit from the work already done by the Group.

DOI: 10.7256/2453-8817.2017.1.21686

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.

DOI: 10.7256/2453-8817.2017.1.68560

DOI: 10.7256/2453-8817.2019.2.32150

Abstract: All over the world, application of space technologies is considered as vital tools for ensuring development in the social, economic and environmental areas. The major spacefaring nations grow their economies, science, technology and security using space. Predominantly, events for economic growth through space exploration are capturing the attention in the international arena. The steady increase in space activities indicates that space law and policies have become significant for a large number of countries. However, the expanding circle of spacefaring nations, commercialization by the public, private entities and privation of political willingness of influential countries also denote the new concern to the peaceful use of space, maintaining space safety, security and sustainability. The existing legal protection towards the peaceful and sustainable uses of space is not well-organized and competent. Particularly, the issues of commercialization of space not been fully agreed upon. The goal of this paper is to examine the shortcomings of present regimes and legal challenges to the sustainable use of space, identifying that there is an urgent necessity for effective and more comprehensive regime not just at the international level, but also at the national level.

DOI: 10.7256/2453-8817.2016.1.20590

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.

DOI: 10.7256/2453-8817.2019.1.30558

Abstract: This paper is devoted to the research of the existing space resources legal regime. The author also analyzes the most presently topical tendencies in the sphere. Special attention is paid to the different possible ways of coordination of such a regime on the level of international law.Study results show the international legal regime of space resources remains unclear and requires further development. The national laws of the USA and Luxembourg, adopted to overcome the existing legal gaps, have received quite different estimates, varying from the approval of such initiatives to declaring them to be contrary to the basic principles of international law.On the level of international law, the different ways exist to create a discussed regime: starting from the adoption of a brand new space treaty to finishing by the intervention of the International Court of Justice in the problem solution.Also, one of the main issues is the practical mechanisms of coordination of the interests of all states. The author argues that most effective way is the official proposition of the Russian Federation to coordinate the space resources legal regime creation within the Legal Subcommittee of the UN COPOUS, with the maximum possible number of the stakeholders taking part in this process.

DOI: 10.7256/2453-8817.2017.2.22082

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.

DOI: 10.7256/2453-8817.2017.2.68656

DOI: 10.7256/2453-8817.2018.2.28631

Abstract: The article analyzes the key approaches to the model of space resource activities regulations proposed by the Hague Space Resources Governance Working Group in view to encouraging States to engage in negotiations for an international agreement or non-legally binding instrument. Particular attention is paid to the instrumental, political and legal nature of the document under analysis, which is designed to stimulate the pace of international law-making and to create legal certainty for potential participants in the space resource activities within a reasonable period.

DOI: 10.7256/2453-8817.2018.2.28640

Abstract: The growth of orbital space debris is both a consequence of and a potential hindrance to space activities. The risks posed by space debris propagation in the most used orbital regions highlight the need to adequately address the challenges posed to the sustainability in outer space. The preservation of the access to and usability of outer space in the long-term requires that action is taken which has to be the result of both mitigation and remediation measures for existing and future space missions. As the enforcement of such technical measures will depend on adequate regulation, they need to be approached also from a legal perspective. The deficiencies in law for space debris remediation mechanisms originate from the fact that although technical concepts have been developed, the legal framework for space activities does not impose any legal obligations for debris removal and on-orbit servicing. Nevertheless, an overview of the relevant legal framework shows that there is a legal basis for the protection of the outer space environment which can, as has already been the case with space debris mitigation guidelines, be substantiated in more concrete terms by the formulation of voluntary, non-binding instruments and included in national legislation.

DOI: 10.7256/2453-8817.2017.3.24431

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.

DOI: 10.7256/2453-8817.2017.3.68661

DOI: 10.7256/2453-8817.2017.4.24426

Abstract: The article is devoted to the legal aspects of the remote sensing of the Earth from the outer space. The author of the article underlines that the international law commonly uses the territorial supremacy principle, however, lacks a proper legal status of information about the territory. The author believes that information about the territory has the same status as the territory itself, thus the state has the same rights for the information about the territory that it has for its territory. The author of the article also pays attention to the control over information as a property. The methodological basis of the research involves general research methods (systems approach, functional and general logical methods such as analysis and syhthesis and etc.) and special law methods. As a result of the research, the author concludes that a state has all legal rights to limit the distribution of information about its territory. This is a complex right that fully provides an opportunity to control information. The author of the article also underlines that current contradictions between the countries can be solved by signing international acts that involve parties concerned.

DOI: 10.7256/2453-8817.2017.4.68664

Abstract: his article examines the international law aspects of remote probing of Earth from space. It is noted that the international law holds the generally accepted principle of territorial supremacy of state, but there is no legal status on information about the territory. The author believes that information about the territory carries the same status as the ter-ritory itself and that the state has the same full rights with regards to the information as it has over its territory. Attention is given to examination of the issue of control over the propriety in form of information. It is summarized that the state has legal right to restrict spread of information about itself and such right, being a complex one, gives the state ability to control the information. A claim is made that the existing contradictions between the countries can be resolved through signing international treaties with participation of interested parties.

DOI: 10.7256/2453-8817.2017.4.25135

DOI: 10.7256/2453-8817.2017.4.68665

Abstract: The object of this research is the changes in the national space policy of countries and regulation of the global market of space exploration. The importance of monitoring these changes is justiied by the possibility of emergence of unexpected events (“black swan”), capable of bringing changes to the current rules of the game, disruption in the balance of the competitive positions and reformation of the global space economy upon new terms. The subject of this research is the development of the Luxembourg initiative SpaceResources.lu associated with creation favorable “ecosystem” within the framework of state-private partnership for involvement into national economy companies that specialize in cutting-edge special exploration. Special attention is given to the analysis of Luxembourg law from July 20, 2017 on exploration and use of space resources, which represents the irst European bill that establishes on the national level guarantees of rights to ownership of resources extracted from space. A conclusion is made that emergence of national legislative bills that violate the current rules of the game on the space exploration market are to a certain extent unavoidable, since the tempo of inter-national lawmaking lags behind the demand of real sector of space economy for new legal solutions that would promote its successful development.

DOI: 10.7256/2453-8817.2017.4.24976

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.

DOI: 10.7256/2453-8817.2017.4.68666

DOI: 10.7256/2453-8817.2018.1.27372

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 today’s 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.