Правовые науки. Экологическое, земельное и аграрное право

Доктор PhD (в области международного права) Кабанбаева Г.Б.

Казахский Национальный Университет, Казахстан

Treaty on the protection of environment in the field of space activities in the international intergovernmental organization (the analysis and proposals)

Some lawyers have suggested the need for a new international organization for space within the UN, given the advantages (universal; activities on the basis of universally recognized principles and norms of international law-making authority, a significant positive experience in the current international situation, etc.), possessed by the UN. The new international space organization could be either a specialized agency of the UN, or have rights of the International Atomic Energy Agency, that become a special kind of organization that would work with the UN to work more closely than do her usual specialized agencies. Solutions of such an organization must have a certain validity.

In our opinion, this new international organization must differ from Inmarsat, which has only typical operational and business activities on a commercial basis, and on the Committee on Space, which is the only subsidiary body. The new organization of the Space business should have the character of a general international organization to address global problems. Specifically, this is the following: Such an organization should have a permanent solution to the environmental problems in the process of space exploration, the basic functions of the organization are operational, regulatory and control that ensure the unity of the State conduct, embracing new institutions, rules, standards and programs, especially its structure is that balanced two principles in the legal status of international organizations, the legal form of cooperation in the form of an intergovernmental organization and operational functions in the form of operational and business activities on a commercial basis, the organization is the quality of the international legal personality, and gets right to sign, along with the states of multilateral conventions, also has the right to examine their disputes through international procedures for the settlement; its membership should be universal, to attract the largest possible number of States, regardless of their stage of development, no matter are or are not cosmic country. At the moment, when there are no any new organizations would be advisable to consult the UN Committee on Outer Space. It is pertinent to note that the United Nations Committee on Space in 1962, is the official register of information about objects launched into outer space. It seems that every state, using the UN system or the new organization may request for consultations within the meaning of Art. XI of the Treaty, and if the usefulness of such consultation is recognized and a majority of States Parties to the Treaty, with hands-on experience in the exploration and use of outer space, the State Party to the Treaty, to which a request to give advice about their planned experiments or activities in space should conduct such consultations within these organizations. The need to use the structure of the international organization to effectively monitor the activities of States in outer space dictated legitimate concerns of all States of the Earth with respect to the dangerous consequences of a global nature, which may be the result of space activities. With regard to international cooperation in the event of emergency situations, which could lead to significant harm to the environment, the "embryonic" state of the corresponding obligations contained in Art. XXI of the Convention on International Liability for Damage Caused by Space Objects. States Parties shall, in particular, the launching State shall be obliged to examine the possibility of rendering appropriate assistance to the State which suffers damage, if it "presents a large-scale danger to human life or serious impact on the living conditions of the population or of the vital centers." The problem of responsibility for pollution and adverse changes in the Earth's space environment and space exploration in the analysis of contemporary general international law shows that the law of outer space has become one of the integral branches of modern international law, part of the international legal order. This fact, however, in no way affects a certain independence and specificity of this branch of law, which has managed to develop its own principles and norms. Positively developing mainly on a contractual basis, space law first develop fundamental principles based on which states can operate in space. So a kind of "cosmic code" is the Outer Space Treaty. It is therefore natural that the practice space law since 1967 has taken the path of detail and deepen key provisions of the Outer Space TreatyAs we know, the principle of international responsibility of States for activities in space was first formulated in Art. Art. U1 and UP Outer Space Treaty. However, his immediate solution and specification require many more problems related to human activities in space, of which not the least is the problem of non-pollution and harmful environmental change and the space environment. Necessity of the legal prohibition of such irrational activities in space is hardly in doubt. However, at the prospect of space objects of nuclear installations as rocket engines and power sources, the possibility of radioactive contamination is very real. The real problem is the space debris "dead" objects, which can cause a collision. In this context, true to note that since the Treaty in 1967 all parts of the spacecraft and launch vehicles are the property of the launching State, so it is in the first place should monitor the cleanliness of the cosmos. We must also point out that produced "dead" space objects radio waves for a long time a source of interference. In 1960, the Committee for Aeronautics Association of the Bar of New York has prepared a series of questions, which, in his opinion, would be included in an international agreement on space. Among those provisions, in particular, to provide for the obligation of the state to take appropriate measures to reduce the possible harmful effects of biological, radiological and chemical contamination of the Earth or other celestial objects due to space activities. "

Major international instruments on outer space:
- Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 1967 (Kazakhstan joined May 30, 1997);
- Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Space Objects Launched into Outer Space, 1986 (Kazakhstan joined May 30 of 1997);
- The Convention on International Liability for Damage Caused osmicheskimi objects 1972 (Kazakhstan joined May 30 of 1997)
- The Convention on Registration of Objects Launched into Outer Space, 1975 (Kazakhstan joined May 15, 1997);
- Agreement on the Activities of States on the Moon and Other Celestial Bodies, 1979 (Kazakhstan joined May 15, 1997);
- Agreement on the Prohibition of weapons testing in the atmosphere, in outer space and under water in 1963;

References:
1. Abdullayev. AV Space exploration and environmental problems. Chisinau, 1990.
2. The USSR for the peaceful use of outer space 1957-1985. Tom ,1-2. M., 1985.
3. Vasilenko, VA "Responsibility of States for the offense. - Kyiv, 1976.
4. Vereshchetin B.C. International cooperation in space. Moscow, 1977.
5.Vinogradov ST. International legal regulation of the Environment (part of UN). Abstract of PhD thesis., 1981.