scholarly journals Protection of Space Environment in the Light of Perspective Challenges of “Space Wars”

2018 ◽  
Vol 5 (2) ◽  
pp. 107-114
Author(s):  
Anna Hurova
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Space Environment ◽  
International Conflicts ◽  
International Court Of Justice ◽  
Human Environment ◽  
International Court ◽  
Space Objects ◽  
Principle Of Proportionality

In article it is analyzed action in the space of the principle of prohibition of the use of force and threats (jus contra bellum). Also it is researched application of Geneva Law to space conflicts (jus in bello) and it correlations with another hard and soft norms of international law in the light of protection of space environment such as Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Declaration of the United Nations Conference on the Human Environment 1972, Rio Declaration on Environment and Development 1992 etc. Beside this it is used practice of International Court of Justice for argumentation of positions and conclusions. Since space objects management is done remotely with help of software, author draw parallels between legal regulation of international conflicts in outer space and cyber space. Furthermore, it is researched specific features of application the principle of proportionality in international space armed conflicts with the aim of protection environment of space and Earth.

Oppenheim's International Law: United Nations

2017 ◽  
Author(s):  
Higgins Rosalyn ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Issues ◽  
Armed Conflicts ◽  
International Court Of Justice ◽  
Extra Information ◽  
Court Of Justice ◽  
International Court ◽  
Personal Opinion ◽  
Complex Organization

The United Nations (UN) has expanded beyond all recognition since its founding in 1945. This volume represents a study that is entirely new, but is prepared in the way that has become so familiar over succeeding editions of Oppenheim’s International Law. It covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts, peacekeeping, and judicial matters. In examining the evolving structures and ever-expanding work of the UN, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes extra information and ideas to be explored. It is a book that, while making all necessary reference to the UN Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day-to-day practice of the UN.

International Liability for Damage Caused by Space Objects

1980 ◽  
Vol 74 (2) ◽  
pp. 346-371 ◽  
Author(s):  
Carl Q. Christol
Keyword(s):  
International Law ◽  
Outer Space ◽  
Space Environment ◽  
The Moon ◽  
Space Objects ◽  
Celestial Bodies ◽  
Municipal Law ◽  
Basic Proposition ◽  
Per Se ◽  
International Liability

The exploration and use of the space environment, consisting of outer space per se, the moon, and celestial bodies, may result in harm to persons and to property. International law and municipal law have focused on rules allowing for the payment of money damages for harm caused by space objects and their component parts, including the “payload.” Both forms of law have accepted the basic proposition that money damages should compensate for harm. Principal attention will be given in this analysis to the kinds of harm caused by space objects that are considered to be compensable under international law at the present time.

SPACE-CENTRIC CONCEPT TO ANSWER TOMORROW SPACE CHALLENGE: A SMALL STEP FOR FUTURE SPACE LAW

2021 ◽  
Vol 6 (2) ◽  
pp. 191-202
Author(s):  
Taufik Rachmat Nugraha
Keyword(s):  
Outer Space ◽  
Space Environment ◽  
Concept Space ◽  
Future Space ◽  
Space Programs ◽  
Space Law ◽  
Space Objects ◽  
Protection Area ◽  
Space Activities ◽  
Private Sector Involvement

Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.

When is a conflict international? Time for new control tests in IHL

2016 ◽  
Vol 98 (903) ◽  
pp. 1019-1041
Author(s):  
Djemila Carron
Keyword(s):  
Armed Conflict ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
Armed Group ◽  
Court Of Justice ◽  
International Court

AbstractThis article clarifies the control a State should have over an armed group for the triggering act of an international armed conflict and for the internationalization of non-international armed conflicts in international humanitarian law. It explains the reasons for the distinction between these two types of attribution and details the specificities of each test, with an innovative approach. The author proposes new control tests for both triggering and internationalization, rejecting the effective and overall control tests regarding internationalization proposed by the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia. For instance, regarding the internationalization of a non-international armed conflict, a general and strict control test is proposed. Finally, this article addresses specific issues like the difficult question of the control required for an occupation through an armed group.

scholarly journals Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal

2020 ◽  
Vol 6 (3) ◽  
pp. 199
Author(s):  
Runggu Prilia Ardes ◽  
Ridha Aditya Nugraha
Keyword(s):  
Outer Space ◽  
Legal Issues ◽  
Space Environment ◽  
Normal Operation ◽  
Active Debris Removal ◽  
Debris Removal ◽  
Space Objects ◽  
High Level

As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.

scholarly journals The Doctrine’s Role in the Field of Legal Regulation of Public Relations: Problems and Prospects

2019 ◽  
Vol 12 (5) ◽  
pp. 42
Author(s):  
Adel Abdullin ◽  
Ainur Gilmullin
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
International Treaties ◽  
Legal Doctrine ◽  
International Court Of Justice ◽  
International Court ◽  
The Right ◽  
Advisory Opinions ◽  
Domestic Law

The paper contains a comprehensive analysis of the legal doctrine’s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is paid to the historical aspects of the legal doctrine development which have significance and influence on the formation and development of international and domestic law. Particular attention of the authors of the paper is drawn to the place and role of legal doctrine in international legal practice. The paper notes that the legal doctrine manifestation in the activities of modern states can be observed in such functions as prognostic, evaluation, regulatory, methodological, world outlook and ideological function. In addition, it is noted that the doctrine plays an important role in the activities of the UN International Court of Justice, where the doctrines of the most qualified specialists are often used in making decisions and drawing up advisory opinions; in the development of international treaties at international conferences and in international organizations, etc. Specific examples of the legal doctrine manifestations in the activities of the ECHR are given.

scholarly journals MAIN DIRECTIONS OF REGULATING SPORTS ACTIVITIES IN THE UN

2021 ◽  
pp. 68-82
Author(s):  
L. I. Zakharova
Keyword(s):  
United Nations ◽  
Legal Regulation ◽  
World Health ◽  
Physical Culture ◽  
International Court Of Justice ◽  
International Court ◽  
Football Match ◽  
The United Nations ◽  
United Nations System ◽  
Health Organization

The article outlines main directions of international legal regulation of physical culture and sport in the United Nations system at the present stage. The author analyzes the powers of the UN General Assembly and its subsidiary body — the Human Rights Council, the UN Security Council, and the Department of Economic and Social Affairs of the UN Secretariat. The author demonstrates how an unfavourable outcome of a football match can become a catalyst for aggravating an interstate dispute and its subsequent transfer to the International Court of Justice. The article describes the interaction between the Olympic movement and two of the UN specialized agencies — the United Nations Educational, Scientific and Cultural Organization and the World Health Organization.

DIRECTIONS OF USE OF THE INFORMATION SYSTEM OF CONTROL AND ANALYSIS OF SPACE SITUATION IN THE INTERESTS OF THE ARMED FORCES OF UKRAINE

2019 ◽  
Vol 2 (12) ◽  
pp. 165-173
Author(s):  
O. Chernyavsky
Keyword(s):  
Outer Space ◽  
Armed Forces ◽  
Space Environment ◽  
Successful Implementation ◽  
Sources Of Information ◽  
Quality Factors ◽  
Structural Scheme ◽  
Control Center ◽  
Space Objects ◽  
Analysis System

The paper analyzes the directions for using information from the Space Situation Control and Analysis System (SSCAS) in the interests of the Armed Forces of Ukraine. A list of national sources of information for the analysis of the space situation is provided. These include: separate radiotechnical units (SRUs), optical and optoelectronic devices (OODs), means of ground automated control circuit of spacecraft (GACCOS), radio and radio intelligence points. The analysis of the functional capabilities of the available means of observation was carried out, the main directions of their modernization were determined for use in the needs of SSCAS. As part of the study, an analysis of the improvement of quality factors that influencing the decision of the problem of outer space control and the analysis of the space environment was conducted. The task of developing new methods and methods for the identification of space objects and their use in existing radio engineering complexes. Indicators of the successful implementation of SSCAS tasks are determined. The article presents the structural scheme of the national SSCAS, the scheme of information flows in SSCAS, the structural scheme of the interaction of the subsystems of the control center of outer space (CCOS) with the organization of maintenance and maintenance of catalogs of space objects (SO), the structural scheme of the model of the integration of measuring information in the multiposition radar system (MRS). The task of detecting the start of hostilities in space remains relevant in our time, not to mention the short term.

Projekt polskiego prawa kosmicznego – regulacja na miarę XXI wieku?

2019 ◽  
Vol 77 ◽  
pp. 101-118
Author(s):  
Maciej Piotrowski
Keyword(s):  
21St Century ◽  
Polish Space ◽  
Legal Regulation ◽  
European Countries ◽  
Third Party ◽  
Space Environment ◽  
Main Research ◽  
Space Law ◽  
Space Objects ◽  
Space Activities

The purpose of this article is to present the provisions of the draft Act of 10 July 2017 on space activities and the National Register of Space Objects, adopted by the Ministry of Development and Finance, in the context of solutions adopted in selected European countries and in international public law in the era of the development of the space sector (New Space). The main research hypothesis is the question whether the proposed legal regulation constitutes a solution meeting the challenges of the 21st century. The proposed regulations have been analysed in detail in terms of the rules of licensing of space activities, the registration of space objects and liability for damage inflicted by them, as well as in terms of third party insurance with reference to solutions adopted in France, Finland and Holland and the international standard. The formaldoctrinal method and the comparative law method have been applied in the analysis. The conclusion contains the assessment of the Polish space law provisions under analysis, which have been found to be in principle correct and relatively coherent. It has been stressed that, in general, the assumptions of the Polish draft act comply with the international law standard and the legal regulations of selected European countries. Nevertheless, the absence of regulations concerning, for example, the issue of suborbital space flights or space mining, and insufficient regulations concerning the protection of space environment (space debris) have been evaluated critically. A thesis is presented in the conclusion whereby, despite the deficiencies noted, the Polish draft space law is a real answer of the lawmaker to the challenges involved in the development of the space market and is a regulation appropriate for the 21st century.

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