• 제목/요약/키워드: International space law

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Current Issues & Prospects of International Space Law

  • Zwaan, Tanja Masson
    • 항공우주정책ㆍ법학회지
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    • 제25권1호
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    • pp.237-259
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    • 2010
  • This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

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우주법(宇宙法)의 최근동향(最近動向) (Recent Developments in Space Law)

  • 최준선
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.223-243
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    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 항공우주정책ㆍ법학회지
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    • 제23권1호
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    • pp.169-188
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    • 2008
  • Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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Target Practising in a Global Commons: The Chinese ASAT Test and Outer Space Law

  • Dunk, Frans G. Von Der
    • 항공우주정책ㆍ법학회지
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    • 제22권1호
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    • pp.55-74
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    • 2007
  • When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

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Target Practising in a Global Commons: The Chinese ASAT Test and Outer Space Law

  • Dunk, Frans G.Von Der
    • 항공우주정책ㆍ법학회지
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    • 제spc호
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    • pp.181-199
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    • 2007
  • When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on" Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 한국항공우주법학회:학술대회논문집
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    • 한국항공우주법학회 2008년도 제40회 국제학술발표대회
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    • pp.219-231
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    • 2008
  • " Analyzing on an object in the sphere of domestic law with the method of international law" has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU The historical process of the transfiguration and the mere shell is as followed .i.e.," from the ultranationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e.," THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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국제항공우주재판소의 설립 가능성 (Possibility of Establishing an International Court of Air and Space Law)

  • 김두환
    • 항공우주정책ㆍ법학회지
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    • 제24권2호
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    • pp.139-161
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    • 2009
  • 필자가 세계에서 최초로 국제항공우주재판소(ICASL)의 설립을 제안한 것은 어디까지나 필자 개인의 학문적이고 실용적인 의견에 불과하다. 항공기, 인공위성, 우주선의 추락 또는 충돌 등으로 인하여 인적 또는 물적 손해가 발생되는 항공우주사고의 특성은 (1)전손성(全損性: all or nothing), (2) 순간성(Augenblick), (3) 지상종속성(항공우주관제계 등), (4)손해의 거액성, (5) 국제성 등이 있음으로 육상의 자동차, 기차사고 등과 해상의 선박사고 등과는 다른 특성을 지니고 있다. 따라서 국제항공우주법분야의 사건들을 신속하고 공정하게 처리하기 위하여서는 지역(대륙)별로 국제항공우주법분야에 조예가 깊은 전문가, 교수 및 법조인들 가운데 UN산하 국제민간항공기관(ICAO)의 이사회 및 총회와 UN우주평화적이용위원회(COPUOS)의 법률분과위원회 및 총회에서 다수결로 선출된 14명의 판사들로 구성된 국제항공우주재판소의 설립이 필요하다. 현재 국제재판소로는 네덜란드 헤이그에 있는 (1) 국제사법재판소(ICJ), 독일 함부르크에 있는 (2) 국제해양재판소(ITLS), 헤이그에 있는 (3) 국제형사재판소(ICC), 룩셈브르크에 있는 (4) 유럽공동체재판소(CEC)와 프랑스의 스트라스부르크에 있는 (5) 유럽인권재판소(EHRC) 등이 있으며 이들 재판소의 기능을 개별적으로 살피어 볼 때에 주로 국제법, 국제해양법, 국제형사법, EU법, 유럽인권법 등에 관련된 사건들을 재판한 후 판결을 내리고 있다. 상기 5개 재판소의 설립근거는 각 재판소의 설립에 관계된 국제조약 내지 제정법(statute :정관)에 근거하고 있다. 상기 국제항공우주재판소의 설립 근거가 되는 조약초안에는 (1) 본 재판소의 설립목적, (2) 판사의 선출방법, (3)판사의 임기, (4) 판사의 의무와 권한, (5) 심의회, (6) 재판관할, (7) 청문회, (9) 판결의 방법(주문과 이유 등), (10) 제소기한 등을 삽입하여야만 된다. 국제항공우주재판소는 ICAO 및 UNCOPUOS의 주된 사법기관으로서 법인격을 향유하며 9년 임기의 판사들은 재선이 가능하다. 국제항공우주재판소의 소재지는 대한민국의 서울 또는 기타 도시로 한다. 국제항공우주재판소를 설립하기 위하여서는 설립근거가 되는 국제조약과 세부적인 절차법 (정관: 定款등)의 제정이 필요하다고 본다. 국제항공우주재판소의 설립은 항공우주법 사건에 대한 재판의 기준을 설정하고 재판의 공정성과 신속성을 도모하는데 크게 기여하게 되리라고 본다. 국제항공우주재판소의 창설은 판례법의 축적으로 인하여 국제항공우주법을 통일을 시키는데 촉매적인 역할을 하게 될 것이며 "세계통일법 (unification of the law in the world)"을 형성시키는데 일익을 담당하게 될 것이다.

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