Author: Laura
Kalymbekova
Master
Student of Kazakh National University
named after Al Farabi, Almaty, Kazakhstan
Nuclear power sources in outer space:
legal aspects
Abstract
Space exploration is a global issue of our time. It
requires the joint efforts of States in conducting activities in outer space,
which implies the need to create international legal rules governing the
exploration and use of "the sixth ocean."
This article reviews the problem of the use of nuclear
power sources in outer space. This review deals with the international legal
aspect of aforementioned problem and the issue of security in outer space.
Key words:
Nuclear
power sources (NPS), space law, security, United Nations Organisation (UNO),
States, security
From the very beginning of the space age, most States
in favor of broadening and deepening international cooperation in space
exploration, establishment of a just rule of law in this new field of human
activity. An important role in resolving various issues arising in connection
with the activities of states in outer space, playing international space law.
Within the framework of the United Nations has
developed a number of agreements that form the basis of this very young field
of international law. Central place "among these is the Treaty on
Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies, of 27 January 1967
on its basis were subsequently entered into other agreements governing various issues
arising in connection with space activities States.
From the very beginning of a space age the majority of
the states support expansion and deepening of the international cooperation in
space exploration, establishment of a fair law and order in this new field of
human activity. The important role in settlement of various questions arising
in connection with activity of the states in a space is played by the
international space law.
A number of the agreements as a basis of this youngest
branch of international law was developed Within the UNO. The central place among
them is taken by the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies, of 27 January 1967 on its basis were subsequently entered into other
agreements rendering various issues arising in connection with space activities
of States.
The need for an international legal
settlement of issues arising in connection with the use of nuclear power
sources in outer space, is explained as follow: firstly, applied nuclear fuel has increased
danger properties, require special security measures; its use is fraught with
accidents, which have a special nature and consequences, including the
potential consequences of radioactive contamination and contamination by
hazardous substances of Earth's environment and outer space; secondly, a space
object with NPS or radioactive parts can land in a foreign country, that is when the launch of a space object with NPS
affects the interests of other states.
For the first time the use of nuclear power sources in
outer space were delivered to the United Nations in 1978 during the 51th
session of the Scientific and Technical Subcommittee of the UN Committee on the
Peaceful Uses of Outer Space for Peaceful Purposes. The reason for this was the
incident with the Soviet satellite "Cosmos-954", which was equipped
with a NPS reactor and entered the atmosphere over the northern part of the
territory of Canada in January 1978, the Soviet satellite with NPS on board
crashed and fell into the territory of Canada radioactive elements, in
connection with caused Canada’s claims to the USSR for damages with regrds to
contaminated areas. Moreover, this claim was made under the Convention on International
Liability for Damage Caused by Space Objects, 1972, the Soviet Union has
rejected this claim because it was not caused material injury strictly in the
sense of the definition of damage contained in Art. I of this Convention.
However, as a result of diplomatic negotiations the Soviet Union in good faith
agreed to reimburse Canada 50% of the costs of search and removal of
radioactive elements.
Subsequently, the Scientific and Technical
Subcommittee was established a group of experts to examine the technical
aspects and safety measures relating to the use of nuclear power sources in
outer space. Issues of NPS on board use were raised in 1978 at the session of
the Legal Subcommittee of the UN Committee on Space.
In 1980, the Legal Subcommittee considered the agenda
item entitled “Review of existing norms of international law relating to
activities in outer space in order to establish the feasibility of such a
supplement of law provisions relating to the use of nuclear power sources in
outer space”.
In the period 1981-1985 Legal Subcommittee discussed
the question "Consider additions of international law relating to the use
of nuclear power sources in outer space." Since 1986, the Legal
Subcommittee, through the establishment of a working group for this project
developed guidelines on the use of nuclear power sources in outer space. In
this work, the Subcommittee has used the conclusions and recommendations agreed
on NPS Scientific and Technical Subcommittee. Developed by the Legal
Subcommittee principles included the following main topics related to the use
of nuclear power sources in outer space: notification, security, assistance in
case of accidents, liability, including liability for damage and several
others. Development of the draft principles was successfully completed in 1992.
14 December 1992 UN General Assembly resolution 47/68
approved the Principles relating to the use of nuclear power sources in outer
space.
However, these principles, in our opinion, are not
enough to solve the problem of using nuclear power sources in outer space.
Space law continues to evolve. However, the
development of space and the increasing use of its achievements constantly
raise new legal problems. One of these problems is to regulate the use of
nuclear power sources (NPS) on board of space objects.
The task of
the legal regulation of this activity emerged as at the interface of the two
branches of international law - the atomic and space. On the one hand, it can
be seen as a new kind of peaceful uses of nuclear energy, on the other - as the
use of a new type of space technology. It seems that this problem is more
inclined to space law. Not by chance it was given by the States in the UN
Committee on the Peaceful Uses of Outer Space for Peaceful Purposes.
Equipment of
space objects with nuclear power plants - a natural consequence of
technological progress. It is objectively necessary for the successful
continuation of space exploration for the benefit of all mankind. The fuel used
in the NPS has an increased hazard characteristic that require special
precautions. A crash that could occur with space objects equipped with nuclear
power sources has a special character; liquidation of their consequences
significantly different from the cases of accidental re-entry into the atmosphere
of space objects using traditional energy sources. The likelihood that an
object in an accident with NPS or radioactive residues will be on foreign
territory, leads to the conclusion according to which the activity in space
affects the interests of all states, not just the start. For this reason it is
advisable special international legal regulation of the use of nuclear power
sources on board space objects, in which could be considered as measures to
reduce the risk of negative consequences, as well as the provisions by which
the state could regulate their relations in various situations associated with
said activities.
From the
current practice shows that the use of nuclear power sources in outer space is
a legitimate activity, as existing agreements governing space exploration, do
not contain provisions restricting the right of states to establish nuclear
power plants on board of objects launched into outer space.
Space
currently remains the only spatial sphere, for which has not yet developed
specific rules governing the determination or the use of radioactive
substances. Existing international law does not impose any restrictions on
sources of power supply units launched into outer space.
Space object
with NPS or radioactive parts can land in a foreign country. The nature of this
incident will be quite different from the case fall to Earth ordinary object or
its remnants. Therefore, the launch into space NPS may affect the interests of
all states, not just the trigger, which explains the desirability of the
relevant provisions of the international level.
As noted in
the Soviet doctrine of international law, "the development of space law
must keep pace with the progress of science and technology in the exploration
of space, and in some cases ahead of it in order to promote international
cooperation in the peaceful uses of outer space, peace and friendship between
peoples. The right is inseparable from scientific and technological progress in
space exploration.
The basis of
the safety rules in relation to both the NPS in outer space and the use of any
other technological advances must be scientifically sound, the most rational
and cost-effective methods to prevent or reduce the negative side effects
associated with a particular activity
The issue of
security in this context occurs in practical terms only in the event of contact
with the object of NPS in the atmosphere or on the surface of the Earth, t.k.-
while in space, it does not present a hazard to the Earth and its environment.
As the ultimate goal of developing relevant safety rules should be considered
the maximum reduction of radiation exposure, ie, coordination of measures to
ensure that all prevent ingress of radioactive materials to Earth or to reduce
it as much as possible.
Unfortunately,
the only legal document that refers to the use of nuclear power sources in
outer space (Principles of nuclear power source) is not legally binding.
It appears
that, in practice, regulation of the use of nuclear power sources in outer
space could be carried out either by the UN General Assembly resolution or
declaration, either through a multilateral agreement open to all states. In the
first case, the relevant document would be a recommendation for all states, in
the second case the norms contained in the agreement would be binding on its
members.
Issue of
liability for damage caused by the use of nuclear power sources in outer space,
could be solved by an amendment to the 1972 Liability Convention.
However, the
'soft' approach adopted by the developers of the Principles is probably the
best option in this situation. Conversion Principles in agreement or agreement
could create two problems. Firstly, froze to text, making further amendments.
Second, some countries could refuse to ratify, and eventually we will get
ineffective document.
It is necessary to consider the
problem more seriously to maximize safe use of nuclear energy is safe.
Sources:
1. Principles Relevant to the Use of
Nuclear Power Sources in Outer Space, adopted by the UN General Assembly
resolution 47/68
2. The use of nuclear power sources
in outer space (a review of the applicable rules of international space law). -
Soviet State and Law, 1983, ¹11
3. The Use of Nuclear Power Sources
in Outer Space, Anubhab Dasgupta
4. Alexander F. Cohen, Cosmos 954
and the International Law of Satellite Accidents, 10 Yale J. Int'l L. 79
(1984).
5. Gary L. Bennett, Joseph A.
Sholtis, Jr. and Bruce C. Rashkow, United Nations Deliberations on the Use of
Nuclear Power Sources in Space: 1978-1987 in Space Nuclear Power Systems 49 (MS
El-Genk and MD Hoover ed., 1988).
6. Valeev RM, Kurdyukov GI,
international law, particularly part- M. Statute, 624 pp., 2010
7. An Introduction to Space Law for
Decision Makers Joanne Irene Gabrynowicz, Journal Of Space Law, University of Mississippi
School of Law, volume 30, fall 2004, number 2
8.
The Role of Nuclear Power in Space Exploration and the Associated Environmental
Issues: An Overview* Michael D. Campbell1 , Jeffery D. King/ Posted November
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Nuclear Power and Associated Environmental Issues in the Transition of
Exploration and Mining on Earth to the Development of Off-World Natural
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