Berkman, PA; Vylegzhanin, AN; Yuzbashyan, MR; Mauduit, J-C; (2018) International Space Law: General Challenges and Prospects for Russia and the USA. Moscow Journal of International Law , 106 (1) pp. 16-34. 10.24833/0869-0049-2018-1-16-34.

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Abstract

INTRODUCTION The entry into force more than 50 years ago, on October 10, 1967, of the Treaty on the Principles of Activities of States for the Exploration and Use of Outer Space, including the Moon and other celestial bodies (hereinafter referred to as the Outer Space Treaty), marked the emergence of a new branch of international law - international space law ( hereinafter - MCP). This article discusses the contribution to the creation and development of the MCP of the Soviet Union, and subsequently of the Russian Federation, and the United States of America, their leading international lawyers and diplomats who found ways of contractual interaction even during the Cold War, noted the main legal steps towards conclusion Space treaty. The main attention in the article is paid to the content of this Agreement in conjunction with other sources of MCP, taking into account approaches to the interpretation of the provisions of the Treaty and modern legal challenges in connection with the development of space activities, in the context of a number of economic, political, technological factors, as well as the significance of the Treaty for the progressive development of INC MATERIALS AND METHODS. The theoretical basis of the study was the work of leading international lawyers specializing in the field of MCP, as well as materials from various colloquiums, conferences and symposia on the MCP; analytical base - the 1967 Outer Space Treaty, other applicable international treaties, relevant UNGA resolutions, the 2001 Cape Town Convention and the 2012 Space Protocol, documents of the UN, UN Space Committee (including its subcommittees), ITU, UNIDROIT ; national legislation governing space activities; documents and materials of UNISPACE III. The main research methods are: the historical method, formal logic methods, including analysis, synthesis, analogy and modeling, as well as systemic, comparative legal and interpretation methods. RESEARCH RESULTS. In the context of the applicable principles and norms of the Outer Space Treaty of 1967, this article presents the results of an analysis of other sources of the INC, as well as a number of unresolved legal issues, such as 1) the international legal regime of the natural resources of the Moon and other celestial bodies; 2) the use of outer space exclusively for peaceful purposes; 3) the legal status of space tourists; 4) the legal regulation of commercial space activities complicated by the “foreign element” within the framework of international private law and, specifically, international space private law (“MKCHP”); 5) the significance of the Cape Town Convention of 2001 and the Space Protocol of 2012 in the context of international legal regulation of space activities, as well as, subject to the entry into force of the Space Protocol, its role as the first special international legal source of the ICCP; 6) the international registration system for guarantees in the field of space assets as the third international registration system in the field of space activities; 7) interpretation of Art. VIII of the Outer Space Treaty for the purpose of determining the applicable law in respect of property rights to space objects in outer space; 8) “space object” and “space tool” as legal concepts; 9) issues of international responsibility and the expansion of the concept of “launching state”, including the proposal to supplement the fifth category; 10) issues of registration, jurisdiction and control; 11) international space station and applicable legal environment; 12) ways to achieve “compliance” with international legal consequences for states as a result of changes in private law relations to the real participation of “involved” states in certain types of space activities. DISCUSSION AND CONCLUSIONS. As a result of the analysis of the issues noted above, the following conclusions were formulated: 1) in the interests of the Russian Federation, the United States of America and other space powers, consider that the 1967 Outer Space Treaty is the basis for the further progressive development of the ITUC and inter alia for the orderly development of commercial space activities; 2) some urgent issues of the INC could be investigated and resolved through an authentic interpretation of the provisions of the Outer Space Treaty (for example, by adopting relevant protocols to it or by developing a single comprehensive convention on international space law); 3) in the search for solutions to the identified legal issues of space activities, it is necessary to take into account both the separation according to the subject of regulation, and the ratio and interaction between the applicable sources of international law and its branches, as well as applicable national law, i.e. it is necessary to rely on a comprehensive, inclusive, holistic approach involving scientific diplomacy. and the relationship and interaction between the applicable sources of international law and its branches, as well as the applicable national law, i.e. it is necessary to rely on a comprehensive, inclusive, holistic approach involving scientific diplomacy. and the relationship and interaction between the applicable sources of international law and its branches, as well as the applicable national law, i.e. it is necessary to rely on a comprehensive, inclusive, holistic approach involving scientific diplomacy.

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