Chinese Space Law: Problems and Areas of Reforming

• Author: Olga Yeshchuk and Anna Vasina
• Position: Doctor of Law, Associate Professor, Kherson State University (Kherson, Ukraine)/Graduate student at the Public Law Research Institute, Hangzhou Pendant Technology Co. Ltd (Zhejiang, China)
• Pages: 140-150

Advanced Space Law, Volume 3, 2019

140

Chinese Space Law: Problems and Areas of Reforming

Olga Yeshchuk1

Doctor of Law, Associate Professor, Kherson State University (Kherson, Ukraine).

E-mail: eschyk-o@ukr.net

https//orcid.org/0000-0002-7458-1595

Anna Vasina2

Graduate student at the Public Law Research Institute,

Hangzhou Pendant Technology Co. Ltd (Zhejiang, China).

E-mail: annavasina1992@gmail.com

https//orcid.org/0000-0003-2280-8556

In the article, we have determined that China is a leading, but the only space state that does not have

a special space law. These activities are governed by the international norms-principles, international

treaties and by-laws of the government. We consider that such a procedure for regulating legal relations

in the space industry is illogical. We have revealed the contours of the future space law of China in the

article. We’ve noted that the signing of a Memorandum of Understanding on Space Cooperation with

Luxembourg will have a positive impact on the exploration and utilization of mineral resources from the

Moon and asteroids by Chinese space companies. At the same time, we have concluded that without the

adoption of a special space law, foreign investments in the Chinese space industry and space tourism

will be constrained.

Keywords: White paper, space, law, normative legal acts, legislation.

Received: December 21, 2018; accepted: February 27, 2019

Advanced Space Law, Volume 3, 2019: 140-150.

https://doi.org/10.29202/asl/2019/3/12

Introduction

The problems of Chinese national space law is the central one, because China is a leading

space power, but does not have its own national space law. This contradiction constrains foreign

investments in the Chinese space industry and calls into question the transparent fullment

by Chinese space companies of their international obligations. There is very little scientic

literature on this issue, and the available one covers this problem only in the certain aspects.

© Yeshchuk, Olga, 2019

© Vasina, Anna, 2019