scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

scholarly journals Ugent International Legal Issues of Settling Disputes in the Field of Space Activities

2018 ◽  
pp. 48-59
Author(s):  
M. R. Yusbashyan
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Negative Impact ◽  
Outer Space ◽  
Analytical Framework ◽  
Legal Regulation ◽  
Legal Issues ◽  
Coherent System ◽  
Fact Finding ◽  
Space Activities

Introduction.International space law (“ISL”) does not provide a specialized coherent system of dispute settlement (“SCSDS”). Up to now the ab­sence of such a system has had no negative impact on development of either ISL, or space activity (“SA”), however this fact does not exclude the necessity of elaboration of SCSDS. The article analyzes factors potentially influencing increase in the number of space related disputes, methods of “risk manage­ment” of occurrence of disputes, as well as existing general and sectoral dispute resolution mechanisms applicable to space activities within the context of specific features of ISL.  Materials and methods.The theoretical back­ground of this research consists of works of distin­guished scholars and specialists in ISL as well as ma­terials of diverse conferences on ISL. The analytical framework includes the UN Charter, the UN treaties on outer space, relevant UN GA resolutions, as well as the Permanent Court of Arbitration optional rules of 1997 and 2011. The research is based on methods such as formal logic, including analysis, synthesis, analogy and modeling, as well as systematic, com­parative and interpretation.  Results.Following the analysis, it is found that: 1) specific features of ISL, including the existence of unsettled legal issues, as well as the trends in the SA development directly impact the increase in risks of occurrence of international disputes; 2) although specific features of responsibility and liability in ISL can impact the increase in the number of disputes, on the one hand, on the other – cumulatively they contribute to prevention of potential disputes; 3) at the present stage effective application and potential combination of the existing means of dispute resolu­tion may lead to finding of new means that might be able to fill in the legal vacuum created by the absence of SCSDS in ISL.  Discussions and conclusion.To reduce risks of dispute occurrence and effective resolution of the existing disputes the following conclusions and rec­ommendations are provided on: 1) the primary ne­cessity of regulation of the unsettled issues of ISL; 2) the determination of methods of “risk management” of the dispute occurrence in the context of the specific features of ISL; 3) the use of the PCA dispute reso­lution system that allows taking into account both the specific features of the contemporary SA and the necessity of its coherent legal regulation, as well as effectively using and combining diverse means of dispute resolution, in particular, establishment of fact-finding commissions of inquiry; 4) in the longer term – the necessity of establishment of SCSDS on a treaty basis.

Formation of a modern international legal concept for the exploration and use of outer space

2021 ◽  
Author(s):  
A. Kapustin ◽  
V. Avhadeev ◽  
A. Golovina ◽  
A. Kashirkina ◽  
E. Kienko ◽  
...  
Keyword(s):  
International Law ◽  
International Cooperation ◽  
International Organizations ◽  
Space Exploration ◽  
Outer Space ◽  
Legal Regulation ◽  
Legal Concept ◽  
International Space ◽  
Space Law ◽  
Space Activities

The exploration and use of outer space, which began in the mid-twentieth century, led to the formation of international space law, designed to regulate the relations of States in this relatively new sphere of human activity. The undulating nature of the development of this branch of international law, for objective reasons, has led to the complication of international legal regulation of space activities. The dynamics of scientific and technological progress and the development of technologies in the space sphere exacerbates competition between space powers and international organizations, creates new challenges for international cooperation in space exploration and requires innovative legal solutions. The doctrine of international law is faced with the task of generalizing new problems and processes and developing conceptual models for the further development of international space law. The dynamics of the conceptual perception of international space law is traced, new theoretical approaches to the concept of the international legal status of outer space and individual regimes and concepts of its use in modern conditions are proposed. Taking into account the trends in the institutionalization of international space activities and the impact of economic integration processes on international cooperation in space, primarily in the Euro-Asian region, the role of international organizations in the international legal regulation of space activities and the harmonization of national legislation is analyzed. In addition, certain aspects of future space exploration are considered as a legal forecast. For researchers, teachers, postgraduates and students, civil servants and practicing lawyers, as well as for anyone interested in the problems of modern international law.

Norm Setting and Transparency and Confidence-Building in Space Governance

2020 ◽  
pp. 55-90
Author(s):  
Theresa Hitchens
Keyword(s):  
Working Group ◽  
Outer Space ◽  
International Level ◽  
Top Down ◽  
Bottom Up ◽  
Sustainable Practices ◽  
Use Of Space ◽  
The World ◽  
Space Activities

Governance of the use of space, both at the national and the international level, is complicated. Because most countries in the world have been reticent over the last thirty years to negotiate new legally binding commitments in space, ongoing multilateral work on space governance has concentrated primarily on voluntary measures. This chapter reviews and compares the two most salient of these initiatives: the normative recommendations of the UN Group of Governmental Experts (GGE) and the Guidelines for the Long-Term Sustainability of Outer Space Activities agreed by the Committee on the Peaceful Uses of Outer Space Working Group. While the GGE was “top-down” focused on transparency and confidence-building to avoid conflict among States, the LTS Working Group was a “bottom-up” approach for safe and sustainable practices with regard to the use of space. The conclusion looks at how States can best implement the recommendations.

scholarly journals Legal Basis for the Operation of Metering Devices

2021 ◽  
pp. 118-123
Author(s):  
K. N. Savin ◽  
R. A. Sheps
Keyword(s):  
Water Supply ◽  
Energy Supply ◽  
Service Providers ◽  
Cold Water ◽  
Legal Regulation ◽  
Legal Issues ◽  
Engineering Systems ◽  
Legal Basis ◽  
Legal Norms ◽  
Conflict Situations

The article deals with the main legal issues of accounting for municipal resources in the housing and communal services in terms of energy supply and cold water supply. The main problematic issues that arise in the application of legal norms related to the operation of engineering systems and the receipt of utility resources by consumers are presented. Proposals on the legal regulation of conflict situations between consumers and utility service providers are given.

MAIN SOCIO-HUMANITARIAN ASPECTS OF OUTER SPACE EXPLORATION: REVIEW OF RESEARCHES

2020 ◽  
Author(s):  
Alexander Vladimirovich Khodykin ◽  
Keyword(s):  
International Relations ◽  
Social Economic ◽  
Space Exploration ◽  
Outer Space ◽  
Legal Regulation ◽  
Global Problems ◽  
Scientific Papers ◽  
Space Economy ◽  
Space Activities

Based on a review of major scientific papers, the author describes the most discussed social and humanitarian aspects of Outer Space exploration. The author analyzes the following aspects of Outer Space activities: Outer Space exploration as a resource for solving social, economic, environmental and other global problems of mankind; the emergence and formation of Outer Space anthropology; the national dimension of Outer Space exploration; problems of legal regulation and international relations in the field of Outer Space exploration; the formation of the Outer Space economy.

The Development of Space Law: Applying the Principles of Space Law and Interpreting ‘Peaceful Purposes’ in the Outer Space Treaty 1967

2021 ◽  
Vol 4 (1) ◽  
pp. 69-84
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
International Law ◽  
Outer Space ◽  
Legal Issues ◽  
Legal Research ◽  
Space Law ◽  
Outer Space Treaty ◽  
Peaceful Purpose ◽  
Space Activities

This study analyzes the relevance of the proportionality, non-intervention, and unnecessary suffering principle's in the outer space perspective; and analyzes the 'peaceful purposes' at Outer Space Treaty 1967. This legal research uses primary and secondary legal materials to obtain an appropriate analysis of legal issues. This research states that the principles of international law must be applied in space activities by outer space actors. Furthermore, the ambiguity of the phrase 'peaceful purpose' in the Outer Space Treaty gives rise to different interpretations by each state. For this reason, a convention on outer space is needed to affirm the orientation of 'peace' in space activities. In the title, you focus on peaceful purposes meaning, but in this abstract, you extend it to the broader focus.

scholarly journals The Fraud Rules in the Letter of Credit under Jordanian Legal System

2021 ◽  
Vol 5 (2) ◽  
pp. 218
Author(s):  
Emad Mohammad Al Amaren ◽  
Che Thalbi Bt Md. Ismail ◽  
Mohd Zakhiri bin Md. Nor
Keyword(s):  
Legal System ◽  
Legal Issues ◽  
International Level ◽  
Letter Of Credit ◽  
Legal Provisions ◽  
Banking Service ◽  
Commercial Code ◽  
Domestic Courts ◽  
Bona Fide ◽  
Import And Export

Letter of credit (L/C) has a massive role in expanding international trade operations. It is considered the most secure and stable banking service to finance foreign trade operations such as import and export. As an international contract, potential legal issues arise due to fraud practices. In this case, L/C users have to be aware of different approaches followed by domestic courts while dealing with fraud at the international level. This paper aims to identify the fraud means under the fraud rule governing L/C and its impact on Jordan's practice. By applying a qualitative and doctrinal legal approach, this paper analyses the lack of organization of the uniform customs and practice for the letter of credit (UCP No. 600). It also examines, via interviews with Jordanian judges, the perceptions of the Jordanian courts' policy regarding the fraud rule exception in L/C. The finding reveals that to protect the interests of all parties in a letter of credit transaction, Jordanian courts should extend the scope of fraud to cover sale contracts fraud in cases where bona fide holder is involved and when a confirming bank is absent, or when the credit amount has not been paid yet by the issuing bank. In respect of the bank practices, such special provisions implemented to commercial code must be issued due to the lack of legal provisions of the L/C in Jordan legislation.

scholarly journals Emerging Legal Issues in Sub-Orbital Flight and Colonization under International Air and Space Law

2019 ◽  
Vol 7 (1) ◽  
pp. 37-45
Author(s):  
King James Nkum ◽  
Beida Onivehu Julius
Keyword(s):  
Space Exploration ◽  
Outer Space ◽  
Air Travel ◽  
Legal Issues ◽  
Orbital Flight ◽  
X Ray ◽  
Space Tourism ◽  
Legal Implications ◽  
Space Law ◽  
Space Activities

Space exploration activities constitute an important part of International Air and Space Law. Space Law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law and is to a very large extent connected to Air Law. Not only have we witnessed a tremendous increase in air travel recently, human activities in space has also skyrocketed. Sub-orbital flight and colonization (also known as space tourism) is one of such developments in space activities today and is not without legal implications. This article seeks to x-ray and situates some of these legal issues emerging out of contemporary space exploration activities against the overarching framework of the UN Space Treaties. 

Outer Space and Crisis Risk

2020 ◽  
pp. 265-286
Author(s):  
Laura Grego
Keyword(s):  
Outer Space ◽  
Physical Nature ◽  
Arms Race ◽  
Space Environment ◽  
Space Activities ◽  
Do So ◽  
Space Security

Space activities pose a particular risk of sparking or exacerbating terrestrial crises in ways that may be difficult to predict or manage. This is due both to the physical nature of operating in space and to space’s particular history. However, many initiatives to bolster space security do so within the framework of preventing an arms race or of preserving the space environment and so they miss some of the solutions. This chapter explores looking at space security through the lens of mitigating the risks that space activities may pose to crisis stability to identify which space activities and strategies are particularly dangerous and to prioritize unilateral and collective approaches to mitigating these problems.

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