The outer space (cosmic) law portal
The research results related to creating the Unified World Analytical Legal Platform of Outer Space Law. The uniqueness of Law and its distinctive features, without which it is impossible to create an effective mechanism for regulating space activities.
| Рубрика | Государство и право |
| Вид | статья |
| Язык | английский |
| Дата добавления | 11.10.2024 |
| Размер файла | 37,1 K |
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According to the author, the process of creating the Cosmic Law Portal would consist of several stag- es that can be carried out sequentially or simultane- ously (in parallel with each other).
The 1st stage. The comprehensive study of in- ternational and national legal regulation of space activities from the beginning to the present day.
At this stage, it is crucial to study and develop an array of all legal acts and private documents in the field of regulation of space activities, and their legal format and status as well as anachronism and interchangeability.
In addition, it is necessary to investigate and determine all theses and antitheses (legal provisions that form certain rules or principles) contained in such legal acts and documents, their evolution along with their effectiveness or ineffectiveness.
The estimated duration of research at this stage is 2-5 years.
As of today, a group of researchers from the Laboratory “Cosmic law portal” (Marinich V. K., Myklush M. I., and others) have shown an example of the way to conduct the research at the 1st stage of the study (the study of international documents ad- opted at the first stage of the development of space activities during 1958-1963 as well as an analysis of the aims and conditions for their adoption have been performed).
The examples of the mentioned study were pub- lished in the following articles:
“Regulation of space activities during the 1958- 1963 period” [14];
“Space Law, Subjects and Jurisdictions: pre-1963 period” [15];
“Outer space public law: the 1958-1963 period.
Part 1” [11];
“Outer space public law: the 1958-1963 period.
Part 2” [13].
Another article under the title “New insights into space activities regulation: ab origine to contempo- rary” was published in December 2023 (it will be available in January-February 2024) in Is. No. 12 of the journal “Advanced Space Law” (http://asl- journal.org/).
The examples of the study contain the following elements.
Review and analysis of international docu- ments adopted during 1958-1963.
List and description of tasks that were formed by the international community at this stage.
Definition of the first four most important General Principles for Space Activities: The Princi- ple of Free Cosmos, The Principle of Peaceful Cos- mos, The Principle of Useful Cosmos, The Principle of Cosmos Traffic (which consists of the following three specific principles: The Principle of registra- tion of launches, The Principle of mutual assistance, and The Principle of responsibility).
Justification of the legal status and format of Resolutions and Declarations of the UN General Assembly as a modern form of “Conventionalis stip- ulatio” (agreed public promise of States to fulfill certain obligations).
Conclusions
about the possibility of States ap- plying national law in outer space and on celestial bodies, the limits of the competence of States to apply national law regarding their Cosmic artificial objects, the limits of the competence of States to ap- ply national law regarding astronauts in the Cosmic artificial objects of these States, the possibility of States and international bodies applying internation- al law in outer space and on celestial bodies.
The 2nd stage. The comprehensive study of the terminology of space activities and Outer Space Law.
At this stage, it is necessary to explore existing terminology and create a new universal terminology in the field of regulation of space activities (based on ancient Greek and Latin, Esperanto, and, possi- bly, English).
In addition, for each term, it is necessary to for- mulate its scientific legal interpretation in the of- ficial languages of all countries of the world (with appropriate legal clarifications, if necessary)
In fact, at this stage, a Universal Cosmic Lan- guage would be created.
The estimated duration of research at this stage is 2-3 years.
To date, a group of researchers from the Lab- oratory “Cosmic law portal” (Marinich V. K., Myklush M. I., and others) have shown an example of the way to conduct the research at the 2nd stage of the study.
The examples of the mentioned study were pub- lished in the article under the title “New insights into space activities regulation: ab origine to contempo- rary” in December 2023 (it will be available for review in January-February 2024) in Is. No. 12 of the journal “Advanced Space Law” (http://asljournal.org/).
The examples of the study contain the following elements.
New interpretation of the concept of “Outer Space Law”.
The revision of the list of subjects and objects of space activities and Outer Space Law, and propos- als for their classification and new interpretations.
The introduction of new terms “Cosmic artifi- cial object”, “pre-Cosmic artificial object” and others.
The 3rd stage. The study of the principles of construction of Outer Space Law.
At this stage, it is necessary to explore the funda- mental principles of the construction of Outer Space Law. The mentioned principles would be taken into account when developing approximate models of exist- ing and potential Legal systems of Outer Space Law. In addition, it is essential to study and determine the physical boundaries of the application of Outer Space Law in general and its legal systems (the Is.
of jurisdictions).
The estimated duration of research at this stage is 3-5 years.
Currently, a group of researchers from the Laboratory “Cosmic law portal” (Marinich V. K., Myklush M. I., and others) have shown an example of the way to conduct the research at the 3rd stage of the study.
The examples of the mentioned study were pub- lished in the following articles:
“Fundamental principles of outer space (cosmic) law development” [12];
another article under the title “New insights into space activities regulation: ab origine to contem- porary” was published in December 2023 (it will
be open for review in January-February 2024) in Is. No. 12 of the journal “Advanced Space Law” (http://asljournal.org/).
The examples of the study contain the following elements.
The first three fundamental principles of the construction of Outer Space Law are defined.
The suggestion of the development of several new legal systems to regulate space activities, such as Outer Space Law of Principles (or Animal ratio- nale jus), Outer Space Private Law (or Cosmic Pri- vate Law), and Outer Space Public Law (or Cosmic Public Law).
New approach to organizing the legal space of the Universe, taking into account the principles of “domestic room” and “alien room”.
New methods to determine the spatial- territorial jurisdiction of States, based on divid- ing the entire aerospace into several special layers, namely, a layer of spatial safety of States (up to an altitude of 1,000 kilometers or 621 miles above sea level), a layer of spatial security of humanity (up to an altitude of 36,000 kilometers or 22,370 miles above sea level and the Moon), and open space.
The introduction of a new theory “Res Nulli- us Civitatis” to determine the legal status of outer space and celestial bodies.
The 4th stage. The study on the creation of the
Cosmic Law Portal with elements of a database man- agement system containing all legal documents in this area and the results of their analysis as well as mechanisms for tracking and monitoring terminolo- gy, the evolution of theses and antitheses, and other features of Outer Space Law.
The estimated duration of research at this stage is 1-2 years.
The 5th stage. Involving specialists and scien- tists from all over the world in the discussion and analysis of legal documents in the field of Outer Space Law based on the platform (including holding scientific conferences based on this platform).
The estimated duration of research at this stage is 2-3 years.
The 6th stage. Presenting the platform to the
world community and introducing humanity to the legal systems of Outer Space Law and the process of their creation.
The estimated duration of research at this stage is 1-2 years.
The 7th stage. The research and application of
public opinion and public position related to Outer Space Law through voting on legal acts adopted in the field of Outer Space Law.
The estimated duration of research at this stage is 2-5 years.
Conclusion. The estimated duration of the entire
research for the establishment and implementation of the platform could be 13-25 years. However, the mentioned period can be reduced several times with proper funding for scientific work.
In the future, the platform can become the basis for the development of a new, effective, and equita- ble Outer Space Law, which would regulate relations not only between or among States but also between or among astronauts, and space colonizers as well as private space companies in Cosmos and on Earth. Ideally, in the future, the international community will be able to become a full participant in the pro- cess of creating Outer Space Law.
This is probably the only chance to protect hu- manity from military conflicts in Space and their spillover into Earth.
Literature
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Cheng B. Studies in International Space Law. Oxford University Press, 1997. DOI: 10.1093/acprof: oso/ 9780198257301.001.0001.
Csabafi I. A. The Concept of State Jurisdiction in International Space Law. Dordrecht: Springer Netherlands, 1971. 197 p.
Diederiks-Verschoor I. H. P., Kopal V. An introduction to space law. 3rd rev. ed. Alphen aan den Rijn, The Netherlands: Frederick, MD: Kluwer Law International; Sold and distributed in North, Central and South America by Aspen Publishers, 2008. 249 p.
Hobe S. Pioneers of space law. Leiden; Boston: Martinus Nijhoff Publishers, 2013. 212 p.
Lai A. K. The cold war, the space race, and the law of outer space: space for peace. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.
Lyall F., Larsen P. B. Space law: a treatise. Farnham, Surrey, England; Burlington, VT: Ashgate, 2009. 596 p.
Marboe I. Soft law in outer space: the function of non-binding norms in international space law. Wien: Bцhlau Verlag, 2012. 407 p. (“Studien zu Politik und Verwaltung” Series).
Marinich V. K., Myklush M. I., Yara O. S. Outer Space Public Law: the 1958-1963 period. Part 1. The collection of “Uzhhorod National University Herald. Series: Law”. 2023. Vol. 2, Is. 79. DOI: 10.24144/2307-3322.2023.79.2.54.
Marinich V. K., Myklush M. I. Fundamental principles of outer space (cosmic) law development. International scientif- ic journal “Internauka”. Series: “Juridical Sciences”. 2023. № 12. DOI: https://doi.org/10.25313/2520-2308-2023-12-9510.
Marinich V. K., Myklush M. I., Yara O. S. Outer Space Public Law: the 1958-1963 period. Part 2. Analytical and Comparative Jurisprudence. 2023. Is. 5. P. 639-647. DOI: 10.24144/2788-6018.2023.05.113.
Marinich V. K., Myklush M. I., Yara O. S. Regulation of space activities during 1958-1963. Analytical and Comparative Jurisprudence. 2023. Is. 4. P. 582-595. DOI: 10.24144/2788-6018.2023.04.91.
Marinich V. K., Myklush M. I. Space Law, Subjects and Jurisdictions: pre-1963 period. Analytical and Compar- ative Jurisprudence. 2023. Is. 4. P. 569-581. DOI: 10.24144/2788-6018.2023.04.90.
Ogunbanwo O. O. International Law and Outer Space Activities. Dordrecht: Springer Netherlands, 1975. 272 p.
Shaw M. N. International law. 5th ed. Cambridge, U.K.; New York: Cambridge University Press, 2003. 1288 p.
Smith M. S. The first quarter-century of spaceflight. Futures. 1982. Vol. 14, Is. 5. P. 353-373. DOI: 10.1016/0016- 3287(82)90056-8.
Steer C., Hersch M. H. War and peace in outer space: law, policy, and ethics. First edition. New York: Oxford University Press, 2021. 313 p.
Treaty banning nuclear weapon tests in the Atmosphere, in outer space and under water. Signed at Moscow, on 5 August 1963. No. 6964. UNTC.
Tronchetti F. Fundamentals of Space Law and Policy. New York: Springer, 2013. (“SpringerBriefs in Space Development” Series).
UN General Assembly (12th Sess. 716th plenary meeting). Regulation, limitation and balanced reduction of all armed forces and all armaments; conclusion of an international convention (treaty) on the reduction of armaments and the prohibition of atomic, hydrogen and other weapons of mass destruction. Resolution 1148. 1957.
UN General Assembly (13th Sess. 792nd plenary meeting). Question of the peaceful use of outer space. Reso- lution 1348. 1958.
UN General Assembly (14th Sess. 856th plenary meeting). International co-operation in the peaceful uses of outer space. Resolution 1472. 1959.
UN General Assembly (16th Sess.). International co-operation in the peaceful uses of outer space. Resolution 1721. 1961.
UN General Assembly (17th Sess.1192nd plenary meeting). International co-operation in the peaceful uses of outer space. Resolution 1802. 1962.
UN General Assembly (18th Sess. 1244th plenary meeting). Question of general and complete disarmament. Resolution 1884. 1963.
UN General Assembly [18th Sess. 1280th plenary meeting]. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. 1962.
UN General Assembly (18th Sess. 1280th plenary meeting). International Co-operation in the peaceful uses of outer space. Resolution 1963. 1963.
References
Hryhorov O. M. Mizhnarodne kosmichne pravo [International space law]. Kharkiv: Pravo, 2023. 130 p. [in Ukrainian].
Malysheva N. R. Narysy z kosmichnoho prava [Essays on space law]. Kyiv: Alerta, 2010. 296 p. [in Ukrainian].
Asamoah O. Y., Asamoah O. Y. Declaration of Legal Principles Governing the Activities of States in the Ex- ploration and Use of Outer Space. The Legal Significance of the Declarations of the General Assembly of the United Nations. Dordrecht: Springer Netherlands, 1966. P. 129-160.
Cheng B. Studies in International Space Law. Oxford University Press, 1997. DOI: 10.1093/acprof: oso/ 9780198257301.001.0001.
Csabafi I. A. The Concept of State Jurisdiction in International Space Law. Dordrecht: Springer Netherlands, 1971. 197 p.
Diederiks-Verschoor I. H. P., Kopal V. An introduction to space law. 3rd rev. ed. Alphen aan den Rijn, The Netherlands: Frederick, MD: Kluwer Law International; Sold and distributed in North, Central and South America by Aspen Publishers, 2008. 249 p.
Hobe S. Pioneers of space law. Leiden; Boston: Martinus Nijhoff Publishers, 2013. 212 p.
Lai A. K. The cold war, the space race, and the law of outer space: space for peace. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.
Lyall F., Larsen P. B. Space law: a treatise. Farnham, Surrey, England; Burlington, VT: Ashgate, 2009. 596 p.
Marboe I. Soft law in outer space: the function of non-binding norms in international space law. Wien: Bцhlau Verlag, 2012. 407 p. (“Studien zu Politik und Verwaltung” Series).
Marinich V. K., Myklush M. I., Yara O. S. Outer Space Public Law: the 1958-1963 period. Part 1. The collec- tion of “Uzhhorod National University Herald. Series: Law”. Vol. 2, Is. 79. DOI:10.24144/2307-3322.2023.79.2.54.
Marinich V. K., Myklush M. I. Fundamental principles of outer space (cosmic) law development. International scientific journal “Internauka”. Series: “Juridical Sciences”. Is. 12. DOI: https://doi.org/10.25313/2520-2308-2023- 12-9510.
Marinich V. K., Myklush M. I., Yara O. S. Outer Space Public Law: the 1958-1963 period. Part 2. Analytical and Comparative Jurisprudence. Is. 5. P. 639-647. DOI: 10.24144/2788-6018.2023.05.113.
Marinich V. K., Myklush M. I., Yara O. S. Regulation of space activities during 1958-1963. Analytical and Comparative Jurisprudence. Is. 4. P. 582-595. DOI: 10.24144/2788-6018.2023.04.91.
Marinich V. K., Myklush M. I. Space Law, Subjects and Jurisdictions: pre-1963 period. Analytical and Compar- ative Jurisprudence. Is. 4. P. 569-581. DOI: 10.24144/2788-6018.2023.04.90.
Ogunbanwo O. O. International Law and Outer Space Activities. Dordrecht: Springer Netherlands, 1975. 272 p.
Shaw M. N. International law. 5th ed. Cambridge, U.K.; New York: Cambridge University Press, 2003. 1288 p.
Smith M. S. The first quarter-century of spaceflight. Futures. Vol. 14, Is. 5. P. 353-373. DOI: 10.1016/0016- 3287(82)90056-8.
Steer C., Hersch M. H. War and peace in outer space: law, policy, and ethics. First edition. New York: Oxford University Press, 2021. 313 p.
Treaty banning nuclear weapon tests in the Atmosphere, in outer space and under water. Signed at Moscow, on 5 August 1963. No. 6964. UNTC.
Tronchetti F. Fundamentals of Space Law and Policy. New York: Springer, 2013. (“SpringerBriefs in Space Development” Series).
UN General Assembly (12th Sess. 716th plenary meeting). Regulation, limitation and balanced reduction of all armed forces and all armaments; conclusion of an international convention (treaty) on the reduction of armaments and the prohibition of atomic, hydrogen and other weapons of mass destruction. Resolution 1148. 1957.
UN General Assembly (13th Sess. 792nd plenary meeting). Question of the peaceful use of outer space. Reso- lution 1348. 1958.
UN General Assembly (14th Sess. 856th plenary meeting). International co-operation in the peaceful uses of outer space. Resolution 1472. 1959.
UN General Assembly (16th Sess.). International co-operation in the peaceful uses of outer space. Resolution 1721. 1961.
UN General Assembly (17th Sess.1192nd plenary meeting). International co-operation in the peaceful uses of outer space. Resolution 1802. 1962.
UN General Assembly (18th Sess. 1244th plenary meeting). Question of general and complete disarmament.
Resolution 1884. 1963.
UN General Assembly [18th Sess. 1280th plenary meeting]. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. 1962.
UN General Assembly (18th Sess. 1280th plenary meeting). International Co-operation in the peaceful uses of outer space. Resolution 1963. 1963.
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