Advanced Space Law

Publisher:: International Society of Philosophy and Cosmology
Publication date:: 2020-10-22

ISBN:: 2663-3663

Issue Number

Latest documents

The Astronaut's Legal Status
The article proposes to define the concept of "astronaut" through the four elements — specialty "astronaut," astronaut's qualification, profession "astronaut" and "astronaut" as the occupation. In this case, it is possible to define the concept of "astronaut" through the labor function of the astronaut. The legal status of an astronaut is considered as a generalization of practical activities in the field of manned astronautics. On the basis of spaceflights experience, additional rules concerning the rights and duties of the astronauts are proposed. A significant list of problems of the astronaut's legal status, which are still pending, is given. It is also proposed to introduce an international component into the astronaut's legal status, and not only to use the full range of rights and privileges of astronauts, which are provided for by international law, but also to empower the cosmonaut with the authority of a state representative at a foreign or international manned space object. Keywords: astronaut, astronaut's labor function, professional activities of an astronaut, astronaut's rights and obligations, astronaut's legal status, contract for undertaking of a space mission, space law
Administrative and Legal Forms of Regulation of the Modern Market of Space Services and Technologies
The relevance of the topic is primarily due to the fact that at the current stage of development of the world economy, a number of contradictions have arisen between the qualitatively new state of the world market and the inadequacy of existing mechanisms and methods of its legal regulation. Scientific development of modern problems of legal regulation of the world market of space services and technologies is extremely relevant today in connection with the significant diversification of applied areas of space activities, on the one hand, and with the increasing commercialization of these activities and the corresponding activation in relations in the world market of space services and technologies of the non — state sector, on the other. Keywords: globalization, commercialization, space, technologies, market, services, International space station
Cooperation between Ukraine and Kazakhstan in the Space Sector: Background, Regulatory Framework, and Further Development
The article analyzes and studies theoretical and practical aspects of the relationship development of international scientific and technical cooperation between Ukraine and Kazakhstan, aimed at their improving, as a factor in expanding innovative, scientific, technical areas and increasing the competitiveness of economies in the context of globalization. The analysis of the current legal regulations of Ukraine and Kazakhstan on space activities enabled us to reveal the foundations of scientific and technological cooperation, as an essential component of international relations of our time. The theoretical and methodological approaches to the organization of scientific and technical collaboration are systematized. The modern specificities of bilateral cooperation are revealed, and the results and achievements of Kazakhstan and Ukraine in the space industry are presented. Keywords: space, space activity, bilateral relations, scientific and technological cooperation, innovation, legal regulation, law
International Legal Regulation of the Missile Technology Control Regime in the Aspect of Private Space Company Activities
In the article, the analysis of the provisions of the Missile Technology Control Regime enables to conclude that it requires to be amended, or, which is better, replaced by a new high-level international legal treaty. The authors reveal that classic civilian launch vehicles built by private space companies have a common good for humanity; in particular, they increase the chance of human survival as a result of global natural or human-made disasters. The authors conclude that a new paradigm should be implemented: from restraining the transfer of rocket technology to encouraging this process by space companies under the banner of democracies governed by the rule of law. At the same time, the authors argue that more effective international legal sanctions and controls should be implemented by the international community to prevent ballistic missiles from getting to terrorists. Keywords: export control, weapons of mass destruction, space companies, international law, missile technology, launch vehicle, control regime, sanctions, terrorism
Current Problems and Challenges in International Space Law: Legal Aspects
The article is devoted to the study and research of contemporary legal issues in the field of international space law. Today we are witnessing the rapid and unstoppable development of the space industry. Such cooperation requires an appropriate legal framework. In this article, we will review the leading normative legal acts regulating relations in outer space today and analyze current development trends and problems. Space law is a relatively new branch of international public law, involving a combination of customs and treaties. The legislative framework of the space industry is expanding accordingly to the subject that is regulated. One of the main issues that are investigated in this article is the search for a balance between free access of humanity to the space and the opportunity to establish ownership of certain study objects in outer space. The ability to develop the right of ownership of private enterprises, companies, research centers is extremely important for the economic development of the space industry. This article aims to provide a holistic understanding of current trends and challenges in space law with particular emphasis on such issues as space tourism, the "new space" and climate change. The article will examine the founding treaties of space law, the legal framework, and scientific literature concerning space law. The leading goal of this article is to highlight new trends and prospects of space research, the exploration of new perspectives, which are distributed today in the field of outer space, and search of ways of its solution within the framework of legislative regulation. Keywords: United Nations Office for Outer Space Affairs, European Space Agency, European Space Research Organization, space treaties, space, tourism, privatization, commercialization, new space, climate change, debris
The Cooperation between China and Ukraine in Space Exploration: Genesis and Development
Mainly, the studies of China-Ukraine relations have focused on topics such as trade agreements, commodity exports, investment, migration, and geopolitical implications for the post-Cold War world order. The issue of space cooperation has been almost completely absent in the studies of China- Ukraine cooperation, despite the central importance of space technology for many spheres of life, which have stimulated research and political participation since the beginning of the millennium. Bilateral cooperation on space exploration between China and Ukraine began in 1992 and has already celebrated its twentieth anniversary. This cooperation is an important determinant of what is considered "new" or "modern" geography of China-Ukraine cooperation. In this article, the study of collections, legal documents, and interviews enables to analyze the strategies of cooperation between China and Ukraine in space briefly. Keywords: bilateral relations, space programs, White Paper, space exploration, cooperation, law
Corruption Factor as a Destabilizing Element of Development of the Space Industry
This work is devoted to the analysis of the phenomenon of corruption, its impact on the development of the space industry, because under the condition of the rapid development of new space technologies, building a new model of the space economy and generally rethinking the prospects of the space industry by the world, the exploration of its unknown spaces — this question is extremely relevant. In a global sense, corruption as a transnational socio-legal phenomenon is, firstly, a type of behavior of persons with a special status (particularly in the sphere of making individual decisions that have legal consequences), in which the interests of such a person occupy a privileged position over public or state ones; secondly, it is a reviled ideology of society that allows, contrary to the law, to commit, allow or encourage unethical and illegal behavior of authorized persons. In a general sense, it is a comprehensive phenomenon that includes manifestations of any abuse of a special status on the one hand, and on the other — inducement and active actions before their implementation by other interested persons. In other words, it is a two-way relationship, a symbiosis of needs and benefits. It is proved that corruption in the space industry is manifested by the aggregate indicator of its existence in the state, in its main sectors. The space industry is hindered in its development precisely because funds that should potentially be used for research and development of outer space are not being used for their intended purpose. Accordingly, there is no innovation activity, and technological progress is minimal. Therefore, the priority is to eliminate corruption both in the world and in individual countries, because it, like a viral infection, tends to migrate, threatening the entire humanity. Keywords: eradication of corruption, destabilization, corruption, space sphere, outer space, world cooperation
International Legal Regulation of Space Tourism
The article analyzes the state of legal regulation of the process of organization and implementation of space tourism, defines the features of its application and its place in modern international space law. The legal norms in the field of space travel and the legal bases of their organization were analyzed. An attempt to analyze the legal status of persons taking part in space missions was made. The issue of the international legal personality of the participants of the space tourist service contract was investigated. Particular attention was paid to the legal status of space tourists. The content of the definition of "cosmonauts as messengers of humanity into space" was analyzed. The issues of the risks inherent in space tourism activities and the international legal liability of the parties to the space tourist services contract were considered. It has been stated that a space traveler has a certain amount of rights and obligations throughout the period, from the beginning of preparation to the journey and ending with the period after returning to Earth. An indicative list of space tourists' rights has been restated, and examples of their obligations and limitations in time and space have been provided. It was noted that the legal status of persons who have the status of space tourists, does not coincide with the status of professional astronauts, despite the fact that the first and second performing space travel. It is proved that the concept of "space tourist" is an integral part of the concept of "participant of space flight". The study found that space tourists have the opportunity to undertake space travel on the basis of a contract for space tourist services and solely on a commercial basis. It was stated that the activities to be conducted while the tourist is in space should be well planned and approved by a particular state body — the national space agency of the launching country. A specific condition for the participation of a space tourist in space flight is the process of its preparation and the passage of special selection, which includes checking personal, biographical, medical information about the person, physical and mental health status, command of the language of communication and so on. The study develops the idea that to determine the concept of space tourist does not matter the period during which the specified person has already made or is just planning his space trip. The study concluded about the need for further improvement and development of the theory of space law, while taking into account modern space practices and results and experience, obtained during the implementation of contemporary space programs. Keywords: space tourism, international space law, space flight participant, liability, space travel service contract, professional astronaut, International Space Station
National Space Activities: Modern Realities and Legal Challenges
The article studies the current state of affairs in national space activities. The legal problems facing the space industry at the present stage, the mechanism of their solution are analyzed. The author highlights the crucial issue, which requires an immediate solution regarding the location of the launch site for domestic space objects. The special role of the State in ensuring the legal conditions for the development of national space activities, which should be carried out using good in law modern methods and means of public regulation, is determined. Nowadays, the legislation of Ukraine on space activities requires significant changes and additions, taking into account the new space realities and instruments for the development of public relations in the field of space exploration and use. The author argues that a strategy for the development of space activities in Ukraine, public administration of the space industry, as well as ensuring its restructuring require a substantial rethinking and improvement. The relevance of the legal framework for the creation and use of space defense and dual-use space technology in the interests of the national security and defense sector is underlined. The author argues that the Concept of Ukrainian law reform on space activities, including the legal rationale for choosing the optimal behavior model regarding the solution of complex legal problems based on modern space-legal doctrine and practice of space relations, should be developed. Keywords: space law, space relations, space activity, launch site, launch vehicle, spacecraft
Space Critical Infrastructures as Part of Critical Infrastructures: Threats and Methods of Protection
This article is devoted to the problem of protecting critical space infrastructure as one of the main elements ensuring national security in general, as well as the safety of the population. This article will discuss such concepts as critical infrastructure and critical space infrastructure as one of its parts, the threats faced by states, and ways of protection. It will also consider several national strategies for protecting such infrastructures, the need for cooperation at various levels, which will ensure security in this area, and a quick response to threats. The author offers the following definition of critical infrastructure. The critical infrastructure of Ukraine is systems and resources, physical and virtual, that ensure the normal functioning of the state, ensure an adequate standard of living for the population, extraneous interference in the work of which will lead to negative and unforeseen consequences in the life of the society and may constitute threats to national security. Keywords: critical infrastructure, space critical infrastructure, space, cyberspace, cyberthreats