scholarly journals INTERNATIONAL LEGAL FRAMEWORK FOR THE PEACEFUL EXPLORATION OF OUTER SPACE: PROBLEMATIC ASPECTS

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 225-232
Author(s):  
Михаил Владимирович ЕЛИЗАРОВ
Keyword(s):  
Space Exploration ◽  
Outer Space ◽  
Use Of Force ◽  
Legal Framework ◽  
Scientific Methods ◽  
Weapon Systems ◽  
Outer Space Treaty ◽  
General Scientific ◽  
Definition Of ◽  
Clear Line

This paper examines the efficiency of the international legal framework governing activities of States in outer space in view of the existing gaps within it allowing for space weaponization and the use of force in outer space. Purpose: the paper attempts to answer the following question – is there a clear line between peaceful exploration and militarization of outer space, and is it legally permissible to deploy anti-satellite and anti-missile systems in outer space? Methods: the study employs general scientific methods, legal interpreting and forecasting. Results: the following conclusions have resulted from the study: the 1967 Outer Space Treaty does not cover potentially harmful activities of States in outer space; there is no general agreement on the definition of «space weapon»; the line that's drawn between peaceful space exploration and militarization appears to be blurry; the emphasis in understanding the term «peaceful» has shifted towards the meaning of «non-aggressive»; non-aggressive military uses of space allow for the deployment of defensive weapon systems in  space.

Asteroid Futures

2021 ◽  
pp. 291-301
Author(s):  
Nicholas Baldwin ◽  
Amy Lynn Fletcher
Keyword(s):  
United States ◽  
United Arab Emirates ◽  
Space Exploration ◽  
Outer Space ◽  
The United States ◽  
Legal Framework ◽  
Political Strategy ◽  
Public And Private ◽  
Outer Space Treaty ◽  
Public And Private Stakeholders

This chapter evaluates the emerging industry of asteroid mining and the pivotal role of the United States in shaping the new rules for an extra-terrestrial economy. The Outer Space Treaty 1967 (OST) governs the use of space, with over 100 signatories, including the United States and China. However, as space exploration expands to encompass both public and private stakeholders, there is a growing international debate about whether the OST's provisions prohibit the assertion of sovereignty and, hence, property rights, in outer space. With the Commercial Space Launch Competitiveness Act (2015), the United States has pursued a legal framework that facilitates commercial asteroid mining and a political strategy that focuses on bilateral space exploration agreements with countries such as Luxembourg, Italy, and the United Arab Emirates. Due to its dominant position in the space sector, the United States will strongly influence the regulatory roadmap for the era of Space 2.0.

YOUTH CRIMINAL SUBCULTURE AS A FACTOR IN THE FORMATION OF THE PERSONALITY OF A MINOR CRIMINAL

2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
System Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
A Minor ◽  
Method Analysis

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.

scholarly journals Space for Change: The ASAT Tests in Outer Space in Light of the UN Liability Convention

2020 ◽  
Vol 8 (1) ◽  
pp. 91-102
Author(s):  
Adam Strobeyko
Keyword(s):  
Space Exploration ◽  
Outer Space ◽  
Legal Framework ◽  
Special Care ◽  
Shared Environment ◽  
Conventional Weapons

As space exploration is gathering pace, special care must be attributed to preserving outer space as a shared environment that can be explored freely by humankind. Currently, there exists no comprehensive legal framework regulating the use of conventional weapons in outer space. This has been made evident by repeated tests of anti-satellite weapons (ASATs) which took place in the XXI century and produced massive amounts of debris, possibly interfering with the rights of other states to explore space freely. This article examines the rules provided by the UN Liability Convention and their application to ASAT tests in outer space. The author reviews academic suggestions in the field and concludes that a multilateral and comprehensive legal framework needs to be established in order to guarantee unrestrained exploration of space.

Space Law and Weapons in Space

2019 ◽  
Author(s):  
Sa'id Mosteshar
Keyword(s):  
Outer Space ◽  
The United States ◽  
Great Difficulty ◽  
Arms Race ◽  
Weapons Of Mass Destruction ◽  
Legal Principles ◽  
Celestial Bodies ◽  
Outer Space Treaty ◽  
Space Weapons ◽  
Definition Of

Although legal principles to govern space were discussed as early as the mid-1950s, they were not formalized until the Outer Space Treaty (OST) 1967 was adopted and came into force. The OST establishes a number of principles affecting the placement of weapons in outer space. In particular it provides that “the Moon and other celestial bodies shall be used exclusively for peaceful purposes” and prohibits the testing of any types of weapons on such bodies. More generally the OST forbids the placement of nuclear weapons or other weapons of mass destruction in outer space. In addition there are a number of disarmament treaties and agreements emanating from the United Nations Office for Disarmament Affairs and the Conference on Disarmament that are relevant to weapons in space. Although the disarmament provisions and international humanitarian laws place some restrictions on the use or manner of use of space weapons, none prohibit space weaponization. The absence of such prohibition is not due to many attempts over the years to prevent an arms race in space. Notable among these are Prevention of an Arms Race in Space Draft Treaty and the Prevention of the Placement of Weapons in Space Draft Treaty. In considering the laws affecting space weapons a fundamental question that arises is what constitutes a weapon and does its placement in space breach the requirement that outer space be used exclusively for peaceful purposes? As an example, does a satellite used to control and direct an armed drone breach the peaceful use provision of the OST? There may be risks that without international norms governments and substate groups may acquire and use armed drones in ways that threaten regional stability, laws of war, and the role of domestic rule of law in decisions to use force. Given their orbital velocity, any object in space could be a weapon with capability to destroy a satellite or other space object. There is also a growing population of dual-use satellites with military as well as civilian applications. These present great difficulty in arriving at a workable definition of a space weapon in the formulation of a generally acceptable treaty. In addition, there are divergent views of the meaning of peaceful use. Some, in particular the United States, consider the meaning to be “nonaggressive” rather than “nonmilitary.”

The Aerospace Plane: Collisions and Damage to a Third Party on the Surface of the Earth: Which Liability Regime will Rule?

1991 ◽  
Vol 4 (2) ◽  
pp. 249-280
Author(s):  
Lousewies S.A.L.B van der Laan
Keyword(s):  
Outer Space ◽  
Third Party ◽  
Chicago Convention ◽  
Legal Regime ◽  
The Earth ◽  
Legal Questions ◽  
Starting Point ◽  
Outer Space Treaty ◽  
Definition Of ◽  
Aerospace Plane

The article addresses the establishment of a legal regime concerning liability questions of the aerospace plane. The existing air and space law, as laid down for example in the Chicago Convention and the Outer Space Treaty -especially the definition of the words ‘aircraft’ and ‘space object’-is used as a starting point. The applicability of the existing regimes to the aerospace plane is then evaluated. Two concrete cases, namely liability resulting from damage to third parties on the suiface of the earth and liability after collisions, are presented in depth to illustrate the legal questions that this new hybrid craft will raise. Finally some modest suggestions are made as to the resolution of the conflicts.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

Formation of Resource Potential of Agrarian Enterprises on the Principles of Ecological and Economic Security

2018 ◽  
Vol 9 (5) ◽  
pp. 979 ◽  
Author(s):  
Lyudmyla KHROMUSHYNA ◽  
Iryna KONIEVA ◽  
Yuriy SKRYPNYK ◽  
Iryna SHALYHINA
Keyword(s):  
Systematic Approach ◽  
Negative Influence ◽  
Economic Security ◽  
Resource Potential ◽  
Scientific Methods ◽  
Organic Products ◽  
General Scientific ◽  
Definition Of ◽  
Constituent Elements ◽  
The Competitiveness Of Enterprises

In this article the authors have substantiated the formation of the resource potential of agrarian enterprises on the basis of compliance with the requirements of ecological and economic security. The authors define the concept of "resource potential of an agrarian enterprise" and considered the constituent structure of resource potential. The definition of "ecological and economic security of activity of agrarian enterprises" was given. It is determined that the establishment of ecological and economic security in the activities of agrarian enterprises will promote the production of organic products, will create conditions for increasing the competitiveness of enterprises. The study of the connection and interaction of elements of the resource potential of agrarian enterprises with the constituent elements of ecological and economic security was carried out. As a result of the study, the scheme of formation of resource potential of agrarian enterprises based on the requirements of ecological and economic security was proposed and grounded. The main problems, which hinder the formation of ecologically safe economic development of agrarian enterprises, and, accordingly, have a negative influence on the formation of their resource potential. The methodological basis of the study was the dialectic method of cognition and the systematic approach to the study of the problem of the formation of resource potential. In carrying out the research were applied general scientific methods: abstract-logical, monographic, generalization.

scholarly journals ОСНОВНІ ЧИННИКИ ФОРМУВАННЯ Й РОЗВИТКУ ДИЗАЙНУ МЕБЛІВ

2019 ◽  
pp. 117-128
Author(s):  
В. Ф. Стрілець
Keyword(s):  
Comparative Analysis ◽  
Experimental Design ◽  
Research Problem ◽  
Furniture Design ◽  
Field Surveys ◽  
Scientific Methods ◽  
Spatial Environment ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

The purpose of this article is the definition of factors that influence the development of modern furniture design and trends in its development in the context of the formation of the subject-spatial environment. The methodology of this study is to apply general scientific methods of analysis, synthesis, comparative analysis, field surveys, experimental design, as well as study of cultural heritage for this research problem.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals In Search of a Legal Solution to the Weaponisation of Space: A Russian Perspective

2020 ◽  
Author(s):  
Yevgeny Zvedre
Keyword(s):  
Soviet Union ◽  
Outer Space ◽  
Use Of Force ◽  
Code Of Conduct ◽  
The United States ◽  
Positive Role ◽  
Weapon Systems ◽  
Universal Principles ◽  
The Soviet Union ◽  
The Common

This article is primarily focused on the diplomatic efforts aimed at preventing the weaponisation of outer space, or development of weapon systems designed to destroy targets, either orbital or terrestrial, or from the ground in outer space. Along with that, a number of anti-satellite weapon projects that both the United States (US) and the Soviet Union/Russia have been developing since the 1950s are briefly described as examples of their military competition in space. Highlighted is the work that has been done within the United Nations (UN) context to develop a corpus of universal principles and norms governing international exploration of outer space as the common heritage of humankind, free from the use of force. The author also highlights the positive role that arms control treaties have been playing in preventing deployment of weapons in space. Particular emphasis is given to the potential consequences for global security should attack weapons appear in outer space, and to the importance of a further targeted effort by the international community to work out additional regulations strengthening space security. In this regard, draft treaties on the prevention of weapons in space introduced by Russia and China, and the European Union’s International Code of conduct for Space are emphasised.

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