Types of Liability for Illegal Space Activities

Author:Iryna Ryzhenko and Olena Halahan
Position:Ph.D. in Law, Associate Professor, Kherson State University (Kherson, Ukraine)/Senior lecturer, Kherson State Maritime Academy (Kherson, Ukraine)
Advanced Space Law, Volume 3, 2019 97
Types of Liability for Illegal Space Activities
Iryna Ryzhenko1
Ph.D. in Law, Associate Professor, Kherson State University (Kherson, Ukraine)
E-mail: Rigenko_Irina@ukr.net
Olena Halahan2
Senior lecturer, Kherson State Maritime Academy (Kherson, Ukraine)
E-mail: olena_halahan@ukr.net
The article analyzes the norms of international law, which relate to the responsibility of the state and
other subjects of international law during the implementation of such types of space activities as remote
sensing of Earth from outer space, provision of satellite broadcasting, prevention and elimination of
emergency situations, the use of nuclear power sources in outer space. The issues of the international legal
personality of the state in implementation of the applied types of space activities are researched; such forms
of international legal responsibility of the state as political and material are considered. Particular attention
is paid to a new stage of the development of space technologies. In this regard, in general, the national
laws of some cosmic countries, which regulate the exploration of space both for the needs of science and
for the needs of national defense of these countries, are analyzed. The study develops the idea of freedom
of space, which cannot serve as a basis for the conduct of activities intended to breach the principle of
respect for sovereignty, because the use of satellites may aect the sovereign rights and legitimate interests
of other states. The issue of combining the principle of freedom of space activities with the principle of the
sovereignty of states over their territory, particularly over natural resources, is considered. It is determined
that the remote sensing of a foreign territory is a violation of the principle of sovereignty of countries,
and may have a negative impact on developing countries. An analysis of the space laws of a number of
countries makes it possible to conclude, that the current state of legal regulation of the international legal
responsibility of countries on the eects of space activities is most often determined by the capabilities and
the desire of countries to expand their own space activities and the desire to support private enterprises and
their business related to space activities. Such research will contribute to the development of a systematic
approach to the international legal regulation of the activities of States in the eld of the registration of
space station rent on the model of an oce lease agreement, space tourism, extraction on asteroids, etc.
Keywords: international legal personality of the state, responsibility, applied types of space activities,
compensation of losses, remote sensing of Earth, nuclear energy sources, satellite technologies,
geostationary orbit, ownership of celestial bodies, Outer Space Treaty
Received: February 4, 2019; accepted: March 12, 2019
Advanced Space Law, Volume 3, 2019: 97-107.
© Ryzhenko, Irina, 2019
© Halahan, Olena, 2019

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